Common use of Common Areas Clause in Contracts

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 6 contracts

Samples: Keystone Technology Park Lease (Heat Biologics, Inc.), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)

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Common Areas. Tenant shall have the right, which except as otherwise expressly provided in this Section 1.1.3 shall be non-exclusive right exclusive, to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants of the Building are permitted Common Areas may include, from time to utilize pursuant to time, in Landlord’s sole discretion, a recorded declaration conference center and which areas shall be maintained in accordance with the declarationother amenities. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas. In no event, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewithhowever, shall use commercially reasonable efforts to minimize Landlord’s changing of any material interference with Common Areas reduce Tenant’s parking or otherwise materially adversely affect Tenant’s use of and access to or operation within the Premises, or materially increase its obligations, or materially impair its rights, under this Lease.

Appears in 5 contracts

Samples: Office Lease (Viewray Inc), Office Lease (Viewray Inc), Office Lease (ViewRay, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.(as both of those terms are defined below). The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 4 contracts

Samples: Office Lease (Airgain Inc), Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other Class A, mid-rise office buildings in the downtown areas of Sunnyvale, Palo Alto and Mountain View, California, which buildings are comparable in quality of appearance, services, and amenities (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 4 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this LeaseLease and the Declarations, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project, including (i) the areas on the ground floor and all other floors of the Project devoted to non-exclusive uses such as corridors, stairways, loading and unloading areas, walkways, driveways, fire vestibules, elevators and elevator foyers, lobbies, electric and telephone closets, restrooms, mechanical areas, janitorial closets and other similar facilities for the general use of and/or benefit of all tenants and invitees of the Project, (ii) those areas of the Project devoted to central plant facilities, mechanical and service rooms servicing more than one (1) floor or the Project as a whole and which service the Project tenants as a whole, and (iii) Project atriums and plazas, if any, and (iv) those areas of the Project that are reasonably necessary or appropriate for access to, and use of, the Premises as contemplated under the specified in this Lease (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Building, Other Buildings, Project and Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime (including, without limitation, any rules regulations or restrictions contained in or promulgated under the Declarations). Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewiththat if any such alterations or additions will have a material adverse effect on Tenant’s use of or access to the Premises, Landlord shall perform such closures, alterations, additions or changes provide Tenant with at least seven (7) days’ prior written notice of the same (except in a commercially reasonable manner andthe event of an emergency, in connection therewithwhich case prior written notice is not required, but Landlord shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to notify Tenant as promptly as possible under the Premises.circumstances). 1.2

Appears in 4 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in tenants, guests, invitees and owners at the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenantstenants or other owners, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion Common Areas external to the Building but serving the Building’s tenants and any other portions of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building (e.g. lobby, corridors, elevators) or in its immediate surround (e.g. walkways, landscaping for the Building) or reasonably designated as such by Landlord. The manner in which the Common Areas are maintained maintained, operated, and operated made available shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 3 contracts

Samples: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, whether or not those areas are open to the general public (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"COMMON AREAS"). The Common Areas shall consist of the Project Common Areas” Areas and the Building Common Areas.” . The term “Project Common Areas"PROJECT COMMON AREAS," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or in the Site Plan. The Project Common Areas shall consist of all parking facilities, entrances and exits, driveways, exterior walkways, first-class landscaped and hardscaped areas within which are generally consistent with the Project that the occupants quality of landscaped and hardscaped areas of Comparable Buildings in existence as of the Building are permitted to utilize pursuant to a recorded declaration date of this Lease, open space areas and which areas shall be maintained in accordance with plazas on the declarationreal property comprising the Project. The term “Building Common Areas"BUILDING COMMON AREAS," as used in this Lease, shall mean the portions of the Common Areas located within any building in the Project not entirely leased by Tenant, which Building Common Areas shall be reasonably designated as such by Landlord. Notwithstanding the foregoing and subject to (i) Landlord's approval, which approval (as indicated in Section 29.4 below) shall not be unreasonably withheld or delayed, (ii) the CC&R's, and (iii) all terms of this Lease regarding Hazardous Materials, Tenant may install or locate such items as benches, patio tables, bike racks, above-ground generators, security cameras and the like (collectively, "MISCELLANEOUS COMMON AREA ITEMS") at Tenant's sole cost in the Common Areas or on the exterior of the Building, as applicable, provided that Tenant removes such items upon the expiration or earlier termination of this Lease and repairs any damage to the Common Areas or the exterior of the Building (as applicable) resulting from such removal. If Tenant fails to remove any Miscellaneous Common Area Item or to repair any damage resulting from such removal upon the expiration or earlier termination of this Lease, Landlord may do so and may charge Landlord's actual cost thereof to Tenant. The manner in which the Common Areas are maintained and operated shall be at in accordance with a standard which is not less than that customarily followed in the reasonable discretion operation and maintenance of first class mid-rise office buildings located within the University Towne Center (i.e., the area from two (2) blocks to the North of La Jolla Village Drive to two (2) blocks to the South of La Jolla Village Drive between the I-5 and I-805 freeways), Del Mar, Carmel Valley and Torrey Hills geographical areas, provided that Landlord shall manage, maintain and operate the same in a manner consistent with that of Comparable Buildings, and the use thereof shall be subject to the Rules such rules and Regulations regulations as Landlord reasonably may make from time to time. As used herein, "COMPARABLE BUILDINGS" shall mean the first class mid-rise office buildings (now existing or subsequently constructed) within the projects located within the University Towne Center, Del Mar, Carmel Valley and Torrey Hills geographical areas and having substantially similar characteristics to the Building pertaining to size, age, accessibility, design, quality, amenities and tenancies. Landlord reserves the right to close temporarily, make alterations or additions to, or to change the location of of, elements of the Project and the Common Areas, provided that, that if any such changes might affect Tenant's use of the Premises (in connection therewithother than an immaterial manner), Landlord shall perform obtains Tenant's prior written approval of any such closures, alterations, additions or and changes in a commercially reasonable manner andand such alterations, in connection therewith, shall use commercially reasonable efforts to minimize any material interference additions and changes do not unreasonably interfere with Tenant’s use of and 's access to the Premises.. Except when and where Tenant's right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Building and the parking facilities twenty-four (24) hours per day, seven (7) days per week during the Lease Term. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

Appears in 3 contracts

Samples: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to construct and operate an amenities center in the Building for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term (provided that Tenant acknowledges that the amenities center is currently anticipated to begin operations after the Lease Commencement Date); provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 3 contracts

Samples: Sublease (Alector, Inc.), Lease (Denali Therapeutics Inc.), Lease (Denali Therapeutics Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 3 contracts

Samples: Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.), Massachusetts Avenue (Werewolf Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Prior to July 1, 2010, the Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which Landlord shall operate and maintain the Common Areas are maintained and operated shall be at in a manner consistent with the reasonable discretion "Comparable Buildings" as that term is set forth in Section 4 of Landlord and Exhibit G, attached to this Lease. Notwithstanding anything set forth herein to the contrary, the use thereof of the Common Areas shall be subject to the Rules express provisions of this Lease and Regulations such rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not (a) unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use granted under Section 5.1, below, or (b) materially increase the cost of Tenant's occupancy of the Premises through a material increase in Additional Rent. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference otherwise materially interferes with Tenant’s 's ability to use the Premises for the Permitted Use. Except when and where Tenant's right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Common Areas. Tenant shall have the non-exclusive right access to (and use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are providedbuilding set aside for leasing to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time, for use in common by Landlord, Tenant and any other tenants of the Project time (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas , provided that Landlord shall consist of have the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Leaseright to eliminate, shall mean the portion of the Project substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such by Landlord or areas within action that would permanently reduce the Project that available parking in the occupants vicinity of the Building are permitted or permanently impair Tenant’s ingress and egress to utilize pursuant and from the Building. Landlord has the exclusive right to a recorded declaration (i) designate the Common Areas, (ii) change the designation of any Common Area and which areas otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall be maintained in accordance not unreasonably interfere with the declaration. The term “Building rights of others to use the Common Areas,” as used in this Lease, shall mean the portions . All use of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules rules and Regulations regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as Landlord may make from time to time. Landlord reserves the right to close temporarilyreasonably necessary in connection with any repairs, make alterations or additions toconstruction by Landlord, or change the location of elements of the Project and the Common Areas, provided that, (y) be accomplished in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material allow minimal interference with Tenant’s use of access to, and access parking on, the Common Areas to the Premisesextent practicable in light of the then-current situation.

Appears in 3 contracts

Samples: Office Lease (CBaySystems Holdings LTD), Office Lease (Medquist Inc), Office Lease (CBaySystems Holdings LTD)

Common Areas. Subject to Article 6 of this Lease, Landlord shall make available at all times during the term of this Lease, such automobile parking and other common areas within the exterior boundaries of the land and Building of which the Premises are a part. The term “Common Area(s)” shall mean all the portions of the Building which are not specifically leased or specifically available for lease to tenants and which have at the time in question been designated and improved for common use by or for the benefit of more than one tenant or concessionaire of the Building, including any of the following (the specific recitation of which shall not be deemed to limit the definition of “Common Area”): the land and facilities utilized as parking areas; access and perimeter roads; truck passageways (which may be in whole or in part subsurface); arcades; landscaped areas; exterior walks; stairways; stairs; directory equipment; ramps; drinking fountains; toilets and other public facilities; and bus stations and taxi stands; but excluding any portion thereof when designated by Landlord for a noncommon use, provided any portion of the Building which was not included within the Common Area shall be so included when so designated and improved for common use. All of the Common Area shall be subject to the exclusive control and management of Landlord or such other persons or nominees as Landlord may have delegated or assigned to exercise such management or control, in whole or in part, in Landlord’s place and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety of the Common Area or the adequacy of any security system which is or may be instituted for the Common Area. In no event shall Tenant have the right to sell or solicit in any manner in the Common Area. As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use in common with other tenants Tenants of the Building the common areas and facilities included in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, Building together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated easements for the exclusive use of certain tenants, or to be shared by Landlord ingress and certain tenants, egress as are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with necessary for Tenant’s use and occupancy of and access to the Premises.

Appears in 3 contracts

Samples: Industrial Lease (Appfolio Inc), Terms and Conditions (Inogen Inc), Lease (Appfolio Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 3 contracts

Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc), Office Lease (Team Communication Group Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist Landlord and Tenant hereby acknowledge and agree that, as long as Tenant leases one hundred percent (100%) of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this LeaseBuilding, shall mean the no portion of the Project Building shall be designated as such by a Common Area. Landlord or areas within shall operate and maintain the Project that the occupants of the Building are permitted to utilize pursuant to Common Areas in a recorded declaration and which areas shall be maintained in accordance manner consistent with the declaration. The "Comparable Buildings" as that term “Building Common Areas,” as used is set forth in Section 4 of Exhibit G, attached to this Lease. Notwithstanding anything set forth herein to the contrary, shall mean the portions use of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules express provisions of this Lease and Regulations such rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not (a) unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use granted under Section 5.1, below, or (b) materially increase the cost of Tenant's occupancy of the Premises through a material increase in Additional Rent. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference otherwise materially interferes with Tenant’s 's ability to use the Premises for the Permitted Use. Except when and where Tenant's right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"COMMON AREAS"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term “Project Common Areas"PROJECT COMMON AREAS," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas"BUILDING COMMON AREAS," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord shall perform that such closures, alterations, alterations or additions do not materially interfere with or changes in a commercially reasonable manner and, in connection therewith, shall unreasonably disturb Tenant's use commercially reasonable efforts to minimize any material interference with Tenant’s use and occupancy of and access to the Premises.

Appears in 2 contracts

Samples: Office Lease (Universal Access Inc), Office Lease (Universal Access Inc)

Common Areas. As used in this Lease, the term “Common Areas” shall mean the parts of the project in which Building is located (the “Project”) designated by Landlord from time to time for the common use of all tenants of the Project and as otherwise may be set forth in the Condominium Documents. Landlord reserves the right to make changes to the location, dimensions, identify any type of any other building within the Project and to construct additional buildings or additional stories on existing buildings or other improvements in the Project, and to eliminate buildings from the Project, except for the Building in which the Premises is located, Tenant and its employees, patients, approved subtenants and licensees shall have the non-exclusive (or exclusive where provided herein or in the Condominium Documents) right and license to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, Common Areas as constituted from time to time, for such use to be in common by with Landlord, Tenant and any other tenants of the Project (such areas, together with such and other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared persons permitted by Landlord and certain tenants, are collectively referred to herein as use the “Common Areas”)same. The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions may temporarily close any part of the Common Areas located within the Building reasonably designated Area for such periods of time as such by Landlord. The manner in which the Common Areas are maintained and operated may be necessary to make repairs or alterations, provided, however, that Landlord shall be at the reasonable discretion of Landlord and the use thereof shall be subject not make any changes to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, the Project or any building or improvement located therein which change would materially and negatively impact on Tenant’s use and occupancy of the Premises or access thereto. Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with disruption to Tenant’s use business in the exercise of its rights pursuant to this Section 5.4. Landlord shall be responsible for the operation, management and access to the Premisesmaintenance of all Common Areas except as otherwise set forth in Section 30.

Appears in 2 contracts

Samples: Lease Agreement (ProPhase Labs, Inc.), Lease Agreement (ProPhase Labs, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants (inclusive of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationany exterior landscaped areas). The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably Buildings designated as such by Landlord. The Project includes two (2) ground floor lobbies: one (1) lobby (the “North Lobby”) provides access to the North Building and North Tower, including the Retail Space; and one (1) lobby (the “South Lobby”) provides access to both the South Building and the South Tower. The North Lobby and South Lobby are Building Common Areas. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the provision of Article 7 below and the manner in which the common areas of the “Comparable Buildings,” as defined in Exhibit G attached hereto, are maintained and operated) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Any such closures, alterations or additions will be subject to the terms of Section 19.5.2 below.

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime (provided that in the event of any conflict between any such new or modified rules or regulations and the provisions of the body of this Lease, the provisions of the body of this Lease shall control). Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, (i) Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall at all times use commercially reasonable efforts to minimize any material interference with the conduct of Tenant’s use of and access to business at the Premises., and (ii) in no event shall any such alterations, additions and/or changes alter the nature of the Project to something other than an office building project consistent with the office building projects comparable to and in the vicinity of the Building. 000 XXXXXXXX XXXXXXXXX

Appears in 2 contracts

Samples: Office Lease (Connecture Inc), Office Lease (Connecture Inc)

Common Areas. Without limiting any other rights or remedies of Tenant, to the extent Landlord has such rights under the Master Lease, Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred attached to in Article 5 of this LeaseLease as Exhibit G, those portions of the Project which are provided, from time to time, for use in common by Master Landlord, Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Master Landlord, in its reasonable discretion, including certain areas designated for as permitted in the exclusive use of certain tenants, or to be shared by Landlord and certain tenantsMaster Lease, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Master Landlord or areas within as permitted in the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationMaster Lease. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordMaster Landlord as permitted in the Master Lease. The manner in which Landlord shall at all times cause Master Landlord to maintain and operate the Common Areas are maintained in compliance with Applicable Laws, and operated shall be at in a manner consistent with the reasonable discretion of Landlord and “Comparable Buildings,” as such term is defined below. Tenant acknowledges that as provided in the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Master Lease, Master Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Areas (and Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall cause Master Landlord to use commercially reasonable efforts to minimize advise Tenant in advance of any material such alterations, additions or changes), so long as such alterations, additions and changes will not result in an “Adverse Condition”, which for purposes hereof shall mean (i) any unreasonable interference with or material adverse effect on Tenant’s access to or use of the Premises for the Permitted Use, (ii) any unreasonable interference with or material adverse effect on Tenant’s access to or use of the Supplemental Areas or any other areas of the Building or Project outside the Premises to which Tenant has access pursuant to this Lease, or (iii) an event which affects the location or size of the Premises or any Supplemental Areas or any other areas of the Building or Project outside the Premises to which Tenant has access pursuant to this Lease. Subject to the terms of this Lease and access Tenant’s compliance with the Rules and Regulations attached to this Lease as Exhibit G and with such other reasonable, non-discriminatory Building rules and regulations promulgated in writing by Master Landlord, as permitted in the Master Lease, which will not result in an Adverse Condition, Tenant shall have the right of ingress and egress to the Premises., the Building Common Areas and the Project parking areas twenty-four (24) hours per day, seven (7) days per week. The term “Comparable Buildings” shall mean comparable buildings in terms of quality and desirability of location, age (based upon the date of completion of construction or major renovation as to the building containing the portion of the Premises in question), quality of construction, level, availability and type of services and amenities, height, size and appearance, and are located in downtown Los Angeles, California. Meet Me Room Sublease

Appears in 2 contracts

Samples: Lease (CoreSite Realty Corp), Lease (CoreSite Realty Corp)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord, if any. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other first-class R&D/office buildings in San Jose, California, which buildings are comparable in quality of appearance, services, and amenities (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in the event of any such Common Area closure, provided thatchange, alteration or modification, except in connection therewithemergency situations as reasonably determined by Landlord, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use exercise commercially reasonable efforts to perform the same in a manner that is reasonably designed to minimize any material interference with Tenant’s access to and permitted use of and access to the PremisesPremises consistent with Comparable Buildings.

Appears in 2 contracts

Samples: Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.(as both of those terms are defined below). The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Article 5, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 2 contracts

Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Section 4 of Exhibit F, attached hereto) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time; provided, however, Landlord shall not enact any such rules and regulations intended to discriminate against Tenant vis-à-vis the other tenants of the Building, and provided further that Tenant’s access to and use of the Premises for the Permitted Use is not materially affected. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 2 contracts

Samples: Office Lease (Yelp Inc), Office Lease (Yelp Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the ProjectProperty, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project Property which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Property (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). Except during such periods as, and to the extent, Tenant is entitled to the exclusive use thereof, the Building lobby and Outdoor Terraces shall remain part of the Common Areas. The Common Areas shall consist of the “Project Property Common Areas” and the “Building Common Areas.” The term “Project Property Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within Common Areas located outside the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationBuilding. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordBuilding. The manner in which the Common Areas are maintained shall be as provided in Article 7 and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Exhibit G, attached hereto) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project Property and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises or the Property parking facility.

Appears in 2 contracts

Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants of the Building are permitted Common Areas may include, from time to utilize pursuant to time, in Landlord's sole discretion, a recorded declaration conference center, cafeteria, fitness center and which areas shall be maintained in accordance with the declarationother amenities. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time; provided that Landlord shall maintain the Common Areas in a manner commensurate with the Class A campus office project standard being applied as of the date of this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, that Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises, parking areas and Common Areas.

Appears in 2 contracts

Samples: Office Lease (Zeltiq Aesthetics Inc), Office Lease (Zeltiq Aesthetics Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of All areas within the Project which are provided, from time to time, available for the common use in common by Landlord, Tenant and any other of tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated and which are not leased or held for the exclusive use of certain Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, corridors, monument signage, landscaping, planted areas, lobbies, corridors, hallways, elevator foyers, restrooms, mail rooms, mechanical and electrical rooms, janitorial closets, and other similar facilities used by tenants or to be shared by Landlord and certain tenants, are collectively referred to herein for the benefit of tenants on a non-exclusive basis. Except as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used otherwise provided in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord, provided that Landlord shall maintain and operate the same in a first class manner substantially consistent with the Comparable Buildings and the use thereof shall be subject to the Rules such reasonable, non-discriminatory rules, regulations and Regulations restrictions as Landlord may make from time to time, which rules and regulations shall not be unreasonably or discriminatorily modified or enforced in a manner which shall materially interfere with the conduct of Tenant’s permitted use from the Premises or Tenant’s use of or access to the Premises or the Project or the parking areas servicing the same. So long as Landlord provides Tenant with prior written notice (provided that such notice shall not be required in the event of an emergency), Landlord, in Landlord’s reasonable discretion, reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform so long as such closures, alterations, additions changes do not change the nature of the Project to something other than a first class office building project or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with materially affect Tenant’s use of and access the Premises for the permitted use, or Tenant’s ingress to or egress from the PremisesProject, Building or the Premises or the parking areas servicing the same.

Appears in 2 contracts

Samples: Work Letter Agreement (Ziprecruiter, Inc.), Work Letter Agreement (Ziprecruiter, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a first-class manner consistent with that of other “Comparable Buildings” as that term is set forth in Section 4 of Exhibit H attached hereto, and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions (i) do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below, and (ii) are subject to the terms set forth in the Exhibit D attached hereto. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions be permitted which materially reduce or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference materially interfere with Tenant’s use rights or access hereunder. Except when and where Xxxxxx’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 2 contracts

Samples: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to operate an amenities center in the Project for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term; provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 2 contracts

Samples: Lease (Harpoon Therapeutics, Inc.), Lease (Alector, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are shall be maintained and operated shall be at in a manner consistent with similar first class office and laboratory buildings located in the reasonable discretion East and Mid-Cambridge submarkets of Landlord the City of Cambridge, Massachusetts and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. The Common Areas include the fourth floor balcony shown on Exhibit 2.2-2 as “Balcony”, which shall be available for the non-exclusive use of all tenants on the fourth floor of the Building.

Appears in 2 contracts

Samples: Lease (Jounce Therapeutics, Inc.), Lease (Jounce Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, Landlord no event shall perform such closures, alterations, additions addition or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with adversely effect Tenant’s use of and the Premises for the Permitted Use or Tenant’s access to the Premises.

Appears in 2 contracts

Samples: Office Lease (Motricity Inc), Office Lease (Motricity Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises., the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Article 2, below,

Appears in 2 contracts

Samples: Office Lease (Global Clean Energy Holdings, Inc.), Office Lease (Global Clean Energy Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord; provided that Landlord shall maintain and operate the same in a manner consistent with the maintenance and operation of common areas in Comparable Buildings as defined in Exhibit F attached hereto and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord shall perform such closures, alterations, additions that the same does not materially impair Tenant’s ability to use the Premises for the Permitted Use or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference materially interfere with Tenant’s use of and access to the Premises.

Appears in 2 contracts

Samples: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this LeaseLease and the Declarations, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project, including (i) the areas on the ground floor and all other floors of the Project devoted to non-exclusive uses such as corridors, stairways, loading and unloading areas, walkways, driveways, fire vestibules, elevators and elevator foyers, lobbies, electric and telephone closets, restrooms, mechanical areas, janitorial closets and other similar facilities for the general use of and/or benefit of all tenants and invitees of the Project, (ii) those areas of the Project devoted to central plant facilities, mechanical and service rooms servicing more than one (1) floor or the Project as a whole and which service the Project tenants as a whole, and (iii) Project atriums and plazas, if any, and (iv) those areas of the Project that are reasonably necessary or appropriate for access to, and use of, the Premises as contemplated under the specified in this Lease (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Building, Other Buildings, Project and Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime (including, without limitation, any rules regulations or restrictions contained in or promulgated under the Declarations). Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewiththat if any such alterations or additions will have a material adverse effect on Tenants use of or access to the Premises, Landlord shall perform such closures, alterations, additions or changes provide Tenant with at least seven (7) days’ prior written notice of the same (except in a commercially reasonable manner andthe event of an emergency, in connection therewithwhich case prior written notice is not required, but Landlord shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to notify Tenant as promptly as possible under the Premisescircumstances).

Appears in 2 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with Project tenants the Project Common Areas and the non-exclusive right to use in common with other Building tenants in the ProjectBuilding Common Areas, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those . Those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with and such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the Project Common Areas” Areas and the Building Common Areas.” . The term “Project Common Areas,as used in this Lease, shall mean (i) the portion of the Project designated as such by Landlord or and (ii) all common areas within designated in that certain Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for the Project that the occupants Lakeshore Towers, dated October 17, 1989, recorded October 23, 1989, as Instrument No. 89569018 of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with Official Records of Orange County, California (the declaration“CC&Rs”). The term “Building Common Areas,as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate same in a manner consistent with that of other first-class, high-rise office buildings in the Xxxx Xxxxx Airport/South Coast Plaza, Costa Mesa, California area, which are comparable in size (containing at least 250,000 rentable square feet), quality of construction, and services and amenities to the Building (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 2 contracts

Samples: Office Lease (Quality Systems Inc), Office Lease (Quality Systems Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations set forth in Exhibit D, attached hereto and referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Section 2.2.2, below, are maintained) and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to timeset forth in Exhibit D, attached hereto. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall at all times use commercially reasonable efforts to minimize any material interference with the conduct of Tenant’s use of and access to business at the Premises.

Appears in 2 contracts

Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenantstenants [such as those areas reserved for the exclusive use of the tenant leasing the balance of the Building, which areas are identified as “Tanvex Exclusive Areas” on the attached Exhibit A-2], or to otherwise be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other Comparable Buildings (as that term is defined in Exhibit H attached hereto) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use (as that term is defined in Section 7 of the Summary and as set forth in Section 5.1, below). Upon reasonable prior written notice to Tenant (except in the event of emergencies) Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 2 contracts

Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with Landlord and other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article ARTICLE 5 of this LeaseLease and attached hereto as EXHIBIT D, as applied uniformly to all tenants, those portions of the Building and the Project which are provided, from time to time, for non-exclusive use in common by Landlord, Tenant and any other tenants of the Project (such areas, including without limitation parking areas, driveways, access roads and sidewalks on the Project, whether or not shown on the Project Site Plan, and common facilities within the Building such as lobbies, corridors, stairwells, elevators, loading docks, and restrooms, the Conference Facilities (as defined in Section 1.31, below), Cafeteria (as defined in Section 1.3.2, below) and Fitness Center (as defined in Section 1.3.3, below), together with such other portions of the Project designated to Tenant in writing by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or Landlord to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common AreasCOMMON AREAS”). The Common Areas Landlord shall consist of the “Project Common Areas” maintain and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of operate the Common Areas located within in a manner consistent with Comparable Buildings (as defined in SECTION 6.1). Tenant shall have the Building reasonably designated right, in common with other tenants of the Building, to use the Cafeteria, the Conference Facilities, the Fitness Center, so long as such by Landlord. The manner in which the Common Areas same are maintained and operated shall be at available to other tenants of the reasonable discretion of Landlord and the use thereof shall be Project, subject to the Rules other terms and Regulations conditions of this Lease and such reasonable rules and regulations as Landlord may make from time to timeadopt with respect thereto. Landlord reserves the right to close temporarilytemporarily or permanently, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided thatincluding, without limitation, the right to (a) make changes in connection therewiththe location, Landlord size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways (except that under no circumstances shall the total number of parking spaces in the Project be reduced below 1417); (b) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (c) to add additional improvements to the Common Areas; (d) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Project, or any portion thereof; (e) to do and perform such closuresother acts and make such other changes in, alterationsto or with respect to the Project, additions or changes in a commercially reasonable manner andBuilding and Common Areas as Landlord may deem to be appropriate; and (f) to remove temporarily from use as Common Areas any portion of the Common Areas; provided, in connection therewithhowever, that Landlord’s exercise of the foregoing rights shall use commercially reasonable efforts not materially, adversely interfere with Tenant’s access to minimize any material interference the Building and the Premises and/or with Tenant’s use and occupancy of the Premises or the Common Areas, other than and access excluding the Common Areas of Building 4, which may be withdrawn from Common Areas, subject to the Premisesprovisions set forth below, and provided further that if Landlord permanently removes any portion of the Conference Facilities, Cafeteria and/or Fitness Center from use as Common Areas during the Lease Term (which right to remove shall be subject to the provisions set forth below), the total square footage contained in the Project and the Premises shall be re-calculated in accordance with the BOMA Standard and Tenant’s Share shall be adjusted accordingly. If the Conference Facilities, Cafeteria and/or Fitness Center are closed for a temporary period in excess of six months, other than for reasons related to a casualty, the total square footage in the Premises and Tenant’s Share shall be adjusted as set forth in the preceding sentence until such time as those areas are restored to use as Common Areas.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants (inclusive of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationany exterior landscaped areas). The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the provision of Article 7 below and the manner in which the common areas of the “Comparable Buildings,” as defined in Exhibit G attached hereto, are maintained and operated) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Any such closures, alterations or additions will be subject to the terms of Section 19.5.2 below.

Appears in 2 contracts

Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, including Tenant, or to be shared by Landlord and certain tenants, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2, below; provided that, notwithstanding anything to the contrary in this Lease, Landlord shall operate the Project as a first class life sciences project comparable to other first class life sciences projects in San Diego. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Notwithstanding anything to the contrary in this Lease, in no event shall Landlord operate, maintain or make any changes to the Project or any portion thereof that will unreasonably interfere with or limit (a) Tenant’s access to or from the Premises, (b) Tenant’s use of the Premises, or (c) Tenant’s parking rights under this Lease.

Appears in 1 contract

Samples: Lease (Aethlon Medical Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other Class A, mid-rise office buildings in the downtown areas of San Mateo, California, which buildings are comparable in quality of appearance, services, and amenities (the "Comparable Buildings") and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, . Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the PremisesPremises during the performance of any work described in the preceding sentence. To the extent that Tenant is deprived of the use of or access to the Premises as a result of any such work by Landlord, then Tenant's Rent shall be abated to the extent expressly provided in Section 6.4 below.

Appears in 1 contract

Samples: Office Lease (Wageworks, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but at all times in a manner consistent with a first-class office project) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (SERVICE-NOW.COM)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its good faith discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenantstenants (except for areas that may be used for retail space, kiosks and storage areas), are collectively referred to herein as the “Common Areas”"COMMON AREAS"). The Notwithstanding the foregoing, Landlord acknowledges and agrees that, subject to the terms and conditions of any applicable Underlying Documents (as defined in Section 5 hereof) and Landlord's reasonable rules and regulations, Tenant shall have the right from time to time throughout the Lease Term, in compliance with all Applicable Laws and at no additional cost (except as otherwise provided below), to use that portion of the Common Area designated by Landlord from time to time throughout the Term of this Lease to hold special events (which are not more frequent than once per month and do not last longer than four (4) hours each) subject to the following conditions: (i) Tenant shall be responsible, at its sole cost and expense, for the removal of trash and debris created as a result of any such use; (ii) any such use will not interfere unreasonably with any other tenant's use of the Project and, in this regard, Tenant's use of such portion of the Common Areas shall consist be subject to scheduling such use with any other tenant's use of the “Project Common Areas” and ; (iii) Tenant shall provide Landlord with at least ten (10) days' advance written notice of any such use of the “Building Common Areas.” The term “Project ; and (iv) Tenant's indemnification and insurance obligations in Article 10 of this Lease shall be fully applicable to Tenant's use of the Common Areas,” . Except as used otherwise provided in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules and Regulations, which Rules and Regulations shall not be unreasonably or discriminatorily modified or enforced in a manner which will materially interfere with the conduct of Tenant's Permitted Use from the Premises or Tenant's use of the Project parking facility. So long as Landlord may make from time to time. Landlord provides Tenant with prior written notice (provided that such notice shall not be required in the event of an emergency), Landlord, in Landlord's prudent business judgment, reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided, provided thathowever, in connection therewith, that Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference not materially interfere with the conduct of Tenant’s 's Permitted Use from the Premises or Tenant's use of the Project parking facility in exercising such reserved rights hereunder. Notwithstanding anything above to the contrary, Landlord shall maintain and operate the Project in a manner consistent with that of other first-class, mid-rise office buildings in Santa Monica, California, which are comparable in terms of size (from 100,000 to 350,000 square feet), quality of construction, appearance, , and quality of common area improvements (the "COMPARABLE BUILDINGS"). Except when and where Tenant's right of access is specifically excluded as the result of (i) an emergency, (ii) a requirement by Applicable Laws, or (iii) a specific provision set forth in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "LEASE TERM," as that term is defined in Section 2.1 of this Lease.

Appears in 1 contract

Samples: Office Lease (Etoys Inc)

Common Areas. Tenant “Common Areas” shall have mean the non-exclusive right to use plaza and sidewalk areas, accessways and Project parking facilities, including surface parking (collectively the “Parking Facilities”), and the area on individual floors in common with the other tenants in buildings of the Project, devoted to corridors, fire vestibules, elevators, foyers, lobbies, electric and subject to telephone closets, restrooms, mechanical rooms, janitor’s closets, and other similar facilities for the Rules benefit of all tenants and Regulations referred to in Article 5 invitees and shall also mean those areas of this Lease, those portions the other buildings of the Project which are provideddevoted to mechanical and service rooms servicing the Building, from time to time, for use in common by Landlord, Tenant and any or the other tenants buildings of the Project (such areasProject, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”)applicable. The Common Areas shall consist be subject to the exclusive management and control of Landlord. Landlord shall have the “Project Common Areas” right from time to time to designate, relocate and limit the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion use of the Project designated as such by Landlord particular areas or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated so long as such by Landlord. The manner in which relocation or limitation does not prevent Tenant from accessing the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the Premises or Parking Facilities or materially interfere with Tenant’s use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and Premises for the Common Areas, provided that, in connection therewith, conduct of its business (Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize give Tenant advance notice of such actions if Tenant would be affected thereby). Landlord shall also have the right to temporarily close all or any material interference portion of the Common Areas as may, in the reasonable discretion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights in any person so long as such action does not prevent Tenant from accessing the Premises or Parking Facilities or materially interfere with Tenant’s use of and access the Premises for the conduct of its business (Landlord shall use commercially reasonable efforts to the Premisesgive Tenant advance notice of such temporary closures if Tenant would be affected thereby).

Appears in 1 contract

Samples: Office Lease (Capitalsource Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s Txxxxx's use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to construct and operate an amenities center in the Project for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term (provided that Tenant acknowledges that the amenities center is currently anticipated to begin operations after the Lease Commencement Date); provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 1 contract

Samples: Lease (Surrozen, Inc./De)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of include, without limitation, the “Project Common Areas” entrances, driveways and the “Building Common Areas.” The term “Project Common Areas,” as used in this Leasewalkways, shall mean the portion parking areas and landscaped areas of the Project designated as such and any common hallways, entrances, lobbies and any mechanical or electrical closets, chases or conduits used in common by Landlord or areas within the Project that the occupants tenants of the Building are permitted (as opposed to utilize pursuant to a recorded declaration and those which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlordserve exclusively only one tenant). The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord that such actions shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with not materially adversely affect Tenant’s access to or use of and access to the PremisesPremises for the normal conduct of Tenant’s business.

Appears in 1 contract

Samples: Lease (Neophotonics Corp)

Common Areas. Tenant shall have the non-exclusive right to ------------ use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"COMMON AREAS"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord; provided, however, such Common Areas shall not include building common areas within the buildings to be built within the Project. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to timetime as provided in Section 5.2 of this Lease, provided that Landlord shall at all times maintain and operate the Common Areas in a first-class manner consistent with the "Comparable Buildings, as such term is defined in Section 1.5.2 of this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided thatas long as such changes do not change the nature of the Project to something other than a first-class building project or materially, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with adversely effect Tenant’s 's use of the Premises for the Permitted Use, as set forth in Section 7 of the Summary, Tenant's ingress to or egress from the Project, Building, the Premises or the parking areas servicing the same, or reduce the parking area available for use by Tenant. Except when and where Tenant's right of access is specifically excluded as the result of (i) an emergency, (ii) a requirement by law, or (iii) a specific provision set forth in this Lease, Tenant shall have, throughout the Lease Term, the right of ingress and egress to the Premises, the Building and the Building parking areas twenty-four (24) hours per day, seven (7) days per week.

Appears in 1 contract

Samples: Terms of Lease (Diversa Corp)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). During the Lease Term, Landlord shall keep or cause the Common Areas to be kept in a neat, clean and orderly condition, properly lighted and landscaped, and shall repair any damage to the facilities thereof. The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within available for the common use of the tenants of the Project, their agents, employees, contractors, and invitees and the facilities serving the Project that and the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationProject Common Areas as designated by Landlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in . Tenant’s rights with respect to the use of the Common Areas are a commercially reasonable manner material consideration for Tenant’s entering into this Lease and, except as required by Applicable Laws (as defined in connection therewithSection 2.1.5), shall use commercially reasonable efforts to minimize any no change which has a material interference with adverse effect upon Tenant’s use access or parking of and access the Premises shall be made to the PremisesCommon Areas without the prior written consent of Tenant, which consent shall not be unreasonably withheld or delayed.

Appears in 1 contract

Samples: Office Lease (Skechers Usa Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Retrophin, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project (excluding the Premises) and the Common Areas, provided that, in connection therewith, Landlord . In no event shall perform any such closures, alterations, additions changes or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts modifications to minimize any material interference the Project or the Common Areas (i) interfere with Tenant’s use ingress and egress to and from the Premises, (ii) reduce any of and Tenant’s parking, or (iii) otherwise interfere with Tenant’s business operations in the Premises in such a manner that access to the PremisesPremises is completely blocked and no one can reasonably access the Premises for the Permitted Use (collectively, “Interference”). In the event any such Interference occurs, Tenant shall provide Landlord with at least three (3) days prior written notice and an opportunity to remove the Interference. If Landlord does not remove the Interference within three (3) days after Landlord’s receipt of Tenant’s notice then Tenant shall be entitled to Rent abatement on a day for day basis commencing on the date such Interference begins until the day following the date such Interference ceases. Notwithstanding anything to the contrary herein, if Landlord provides Tenant with a reasonable alternate means of access to the Premises then there shall be no such Rent abatement.

Appears in 1 contract

Samples: Office Lease (Atlassian Corp PLC)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but at all times in a manner consistent with a first class office project) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Volcano Corp)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article A1iicle 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain ce1iain areas designated for the exclusive use of certain ce1iain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that Mission Square, the Pedestrian Bridge, the Gondola, and Common Areas immediately adjacent thereto (collectively, the "Public Areas") may be public areas, for which the general public is granted access and use, and, therefore, Landlord's obligations regarding such Public Areas as set forth in this Lease are subject to such use and access by the general public. In addition, Tenant further acknowledges that the Transbay Joint Powers Authority (the "TJPA") has ce1iain rights to temporarily close all or any portion of Mission Square, the Pedestrian Bridge, and the Gondola. The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “"Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of other first-class high-rise office buildings in the vicinity of the Building are maintained and operated) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Office Lease (Forge Global Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with Project tenants the Project Common Areas and the non-exclusive right to use in common with other Building tenants in the ProjectBuilding Common Areas, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those . Those portions of the Project which are provided, from time to time, provided for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with and such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the Project Common Areas” Areas and the Building Common Areas.” . The term “Project Common Areas,as used in this Lease, shall mean (i) the portion of the Project designated as such by Landlord or and (ii) all common areas within designated in that certain Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for the Project that the occupants Lakeshore Towers, dated October 17, 1989, recorded October 23, 1989, as Instrument No. 89569018 of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with Official Records of Orange County, California (the declaration“CC&Rs”). The term “Building Common Areas,as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate same in a manner consistent with that of other first-class, high-rise office buildings in the Xxxx Xxxxx Airport/South Coast Plaza, Costa Mesa, California area, which are comparable in size (containing at least 125,000 rentable square feet), quality of construction, and services and amenities to the Building (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Areas so long as Tenant’s access to and use of and access to the Premises.Premises is not adversely affected during Building Hours (as defined below). LAKESHORE TOWERS BUILDING II [United PanAm Financial Corp.]

Appears in 1 contract

Samples: Office Lease (United Pan Am Financial Corp)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.(as those terms are defined below). The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or (including, without limitation, the Fitness Center (subject to the provisions of Section 29.34), sidewalk areas, multi-tenant access-ways and the multi-tenant “first-come first served” areas within of the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationparking facility). The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordLandlord (including, without limitation, the main multi-tenant lobby of the Building, the areas on individual multi-tenant floors that are designed to be accessible to more than one (1) tenant (e.g., fire vestibules, elevators, multi-tenant foyers, multi-tenant lobbies, multi-tenant electrical and telephone closets, multi-tenant restrooms, multi-tenant mechanical rooms, multi-tenant janitorial closets and other similar facilities for the benefit of the tenants and invitees of the Building)). The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but at all times in a manner consistent with a first class office project) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which (a) materially reduce Tenant’s use rights, the level of utilities or services supplied to the Premises or access hereunder, or (b) materially increase Tenant’s obligations hereunder. Except when and where Tenant’s right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises., the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below. XXXXXX REALTY XXXXXX CENTRE DEL MAR [Santarus, Inc.]

Appears in 1 contract

Samples: Office Lease (Santarus Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project, which shall include the shipping and receiving area in the Building and the amenities space in the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord has constructed and is planning to operate an amenities center in the Project for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term; provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 1 contract

Samples: Lease (Global Blood Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Article 2, below.

Appears in 1 contract

Samples: Office Lease (Viking Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"), which Common Areas shall include that certain shared kitchen area located on the second (2nd) floor of the Building (the "Shared Kitchen"). In connection with Tenant's use of the Premises, Tenant shall be permitted to use the Shared Kitchen on a non-exclusive basis in common with the other occupants of the Building throughout the Lease Term, subject to Landlord's rules and regulations, security requirements, repairs made by Landlord, and Articles 11 and 13 below. The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided thatthat Landlord shall give prior written notice to Tenant of any material changes to the Project or the Common Areas which relate to the Premises or adversely impact Tenant's use thereof, and in connection therewithno event shall such closure, alterations, additions, or change of location materially and adversely affect Tenant’s use of the Premises for the Permitted Use or cause a reduction in the size of the Premises or cause a change to the layout of the Premises. In the event of such closure, alterations, additions, or change of location, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to operations in the Premises.

Appears in 1 contract

Samples: Office Lease (Palisade Bio, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (provided Tenant’s use or occupancy of the Premises is not adversely materially impacted thereby) and the use thereof shall be subject to the Rules and Regulations Regulations” set forth on Exhibit D, attached hereto, provided that Landlord shall at all times maintain and operate the Common Areas in a first-class manner consistent with the “Comparable Buildings,” as Landlord may make from time to timesuch term is defined in Section 2.2.2 of this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term” and any “Option Term,” as those terms are defined in Section 2.1 and Section 2.2.1 respectively, below.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project (if any, and provided that, subject to any existing tenant holding over, from and after the Must-Take 3 Commencement Date, there shall be no other tenants of the Project, and Tenant’s right to use the Common Areas shall be exclusive, without any right of Landlord to make such Common Areas available for use by the public or any third parties, except as may be expressly permitted under this Lease, during any portion of the Lease Term when Tenant is the sole tenant of the Project), and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The ; provided that the Common Areas shall consist not include such portion of a Building that is or may be included in the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the Premises during any portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this LeaseLease Term (e.g., shall mean the portions of the Common Areas located within shall not include any portion of the Building reasonably designated as Must-Take Space 3 prior to the Must-Take 3 Commencement Date), nor any portion of the Construction Area after the construction of Must-Take Space 2 commences and prior to the Must-Take 2 Commencement Date, and during any period prior to commencement of construction of the Must-Take Space 2 when the Construction Area is being used by Landlord for storage of equipment or materials to be utilized in such by Landlordconstruction. The manner in which the Common Areas are maintained and operated shall be at the commercially-reasonable discretion of Landlord and (unless otherwise expressly provided in this Lease or the use thereof shall be subject Work Letter). To the extent reasonably necessary to the Rules and Regulations as Landlord may make from time to time. satisfy Landlord’s obligations under this Lease, Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, and to grant, without the consent or joinder of Tenant, such easements, rights of way and dedications that Landlord reasonably deems necessary for the orderly and efficient use and management of the Project, and to otherwise amend the Underlying Documents (as hereinafter defined) from time to time; provided that, that (i) in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material adverse effect of such activities on, and to mitigate any interference with that cannot be avoided using commercially reasonable efforts with, Tenant’s 's use of and access to the Premises, and (ii) Landlord shall notify Tenant in writing, as soon as reasonably practicable (except in the event of an emergency), in advance of taking any such actions. Subject to the foregoing, Tenant shall abide by and shall promptly observe and comply with, at its sole cost and expense, all easements, declarations, restrictive covenants, and any other instruments of record running with title to the land of the Project as are set forth on Exhibit A-5 (as the same may be modified, amended, supplemented or replaced from time to time, pursuant to the rights reserved to Landlord under (and subject to the limitations of) this Section 1.1.3, the "Underlying Documents") with respect to Tenant's use of the Common Areas.

Appears in 1 contract

Samples: Sorrento Summit (Nuvasive Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants of the Building are permitted Common Areas may include, from time to utilize pursuant to time, in Landlord's sole discretion, a recorded declaration conference center and which areas shall be maintained in accordance with the declarationother amenities. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, that Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of of, and access to to, the Premises.

Appears in 1 contract

Samples: Office Lease (Corgentech Inc)

Common Areas. (a) During the Term, Landlord hereby grants to Tenant a non-exclusive, irrevocable right and license to use the Common Areas and the Employee Common Areas in common with Landlord, Prime Landlord, and its other lessees and licensees and, as applicable, the respective employees, customers, invitees, business invitees, contractors, agents, and others on or about the Land in connection with any use or activity permitted hereunder (collectively, “Permitted Users”) of Landlord, Prime Landlord, and its other lessees and licensees. Prime Landlord shall have the right to promulgate reasonable rules and regulations with respect to such use, provided that the same are non-discriminatory among all lessees of Prime Landlord and shall have exclusive control over and the exclusive right to manage the Common Areas and Employee Common Areas. Tenant shall have no dominion or control over the non-exclusive Common Areas or the Employee Common Areas. Prime Landlord shall have the right to use in common with make reasonable alterations, expansions, contractions, relocations and other tenants in the Project, and subject adjustments to the Rules Common Areas and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, Employee Common Areas from time to timetime as Prime Landlord deems reasonable or appropriate, for use in common by Landlord, and no alteration or diminution thereof shall be deemed a constructive or actual eviction of Tenant or entitle Tenant to compensation or a reduction or abatement of Rent. In exercising control over and any other tenants of managing the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord Common Areas and certain tenants, are collectively referred to herein as the “Employee Common Areas”). The Common Areas , Prime Landlord shall consist of the “Project Common Areas” act reasonably and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord a manner that does not unreasonably interfere with or areas within the Project that the occupants of the Building are permitted to utilize pursuant to have a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions material adverse impact upon Tenant’s use of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Employee Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Casino Sublease Agreement (OCM HoldCo, LLC)

Common Areas. Tenant Areas within the outer property lines of the Development as delineated on the plat attached hereto marked Exhibit “A”, exclusive of areas therein specified or as built for leasing to tenants shall have be known as Common Areas, as shall all other areas from time to time designated by Landlord for use as part of the non-exclusive right Development. Landlord covenants and agrees at its sole cost and expense to improve said Common Areas by installing and constructing thereon parking lots, access roads, pedestrian walkways, sidewalks, exterior canopies, delivery and landscaped areas and lighting facilities to the extent to which Landlord shall determine to be necessary. Said Common Areas shall be available for the common use in common with other of all Landlord’s tenants in the ProjectDevelopment, their employees, customers and invitees. Notwithstanding anything elsewhere herein contained, Landlord reserves the right from time to time to make reasonable changes in, additions to and deletions from the Common Areas and the purposes to which the same may be devoted, and the use of Common Areas shall at all times be subject to such reasonable rules and regulations as may be promulgated by Landlord; provided, however, that Landlord covenants and agrees that Tenant’s Parking shall not be reduced without Tenant’s prior written consent and Tenant shall have, at all times during the Rules and Regulations referred to in Article 5 term of this Lease, those portions of the Project which are provided, from time reasonable vehicular and pedestrian access to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas Demised Premises are maintained a part, and operated shall be at the reasonable discretion of Landlord to and from Tenant’s Parking and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Demised Premises.

Appears in 1 contract

Samples: Lease Agreement (Great Basin Scientific, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 The term “Common Area” is defined for all purposes of this Lease, those portions Lease as that part of the Project which are providedintended for the common use of all tenants, including among other facilities, parking areas, private streets and alleys, landscaping, curbs, loading areas, sidewalks, lighting facilities, drinking fountains, meeting rooms, public toilets, and the like, but excluding: (i) space in buildings (now or hereafter existing) designated for rental for commercial purposes, as the same may exist from time to time, for use as well as any space in common by Landlordthe Building, Tenant and any other tenants it being acknowledged that as the Premises consists of the Project (such areasentire Building, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, there are collectively referred to herein as the “Common Areas”). The no Common Areas shall consist of in the “Project Common Areas” Building; (ii) streets and alleys maintained by a public authority; and (iii) areas leased to a single-purpose user where access is restricted. In addition, although the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants roof of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions is not literally part of the Common Areas located within the Building reasonably designated as such by Area, it will be deemed to be so included for purposes of: (x) Landlord. The manner in which the ’s ability to prescribe rules and regulations regarding same; and (y) its inclusion for purposes of Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to timeArea Maintenance reimbursements. Landlord reserves the right to close temporarily, make alterations or additions to, or change from time to time the dimensions and location of elements the Common Area, as well as the dimensions, identities, locations and types of any buildings, signs or other improvements in the Project, so long as Tenant’s access to and use of the Project Premises and the Common Areasparking facilities is not materially adversely affected thereby. Tenant, provided thatand its employees and customers, in connection therewithand when duly authorized pursuant to the provisions of this Lease, Landlord shall perform such closuresits subtenants, alterations, additions or changes in a commercially reasonable manner and, in connection therewithlicensees and concessionaires, shall have the right to use commercially the parking spaces serving the Building as constituted from time to time, such use to be in common with Landlord only (i.e., no third parties will have rights to such parking spaces) and subject to rights of governmental authorities, easements, other restrictions of record, and such reasonable efforts rules and regulations governing use as Landlord may from time to minimize any material interference with Tenanttime prescribe. For example, and without limiting the generality of Landlord’s use ability to establish rules and regulations governing all aspects of and access to the Premises.Common Area, Tenant agrees as follows:

Appears in 1 contract

Samples: Lease Agreement (Zuora Inc)

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Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, provided that the same does not result in an Adverse Condition and expressly excluding the Premises, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime pursuant to Article 5. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project (other than the Premises) and the Common Areas, provided that, that the same does not result in connection therewithan Adverse Condition. Notwithstanding anything above to the contrary, Landlord shall perform such closuresmaintain and operate the Project, alterationsincluding the Common Areas, additions or changes in a commercially reasonable manner andmaterially consistent with that of other comparable flex buildings in the San Jxxx R&D submarket, which are comparable with the Project in connection therewithterms of use, size, age, quality of construction, appearance, and quality of common area improvements as of the date hereof (the "Comparable Buildings"). Except when and where Tenant's right of access is specifically excluded as the result of (i) an emergency, (ii) a requirement by Applicable Laws, or (iii) a specific provision set forth in this Lease, Tenant shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, the Common Areas and the Project parking areas twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2 of this Lease, as well as during the period after the Delivery Date and prior to the Lease Term for the purposes set forth in the Work Letter and in Section 2.2 below.

Appears in 1 contract

Samples: Lease (Veeco Instruments Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease5, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform that such closures, alterations, additions or changes in a commercially reasonable manner andshall not unreasonably interfere with Tenant’s use of such Common Areas and provided, further, that in connection therewith, therewith Landlord shall use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the PremisesPremises and parking areas. Landlord has constructed an amenities center in the Project for use by the tenants of the Project, Landlord shall operate and maintain such amenities center (which amenities center shall include a café and a fitness facility) throughout the Lease Term. If despite such commercially reasonable efforts Landlord is unable for any reason ./ -/// -6- [The Cove at Oyster Point] [Five Prime Therapeutics, Inc.] to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project), or a replacement fitness facility for use by Tenant's employees in reasonable proximity to the Project.

Appears in 1 contract

Samples: Sublease (Sutro Biopharma, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder, and further provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the Premises. Except when and where Tenant's right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the Lease Term.

Appears in 1 contract

Samples: Agreement for Assignment and Assumption of Lease (Halozyme Therapeutics, Inc.)

Common Areas. Tenant shall have 10.1. Landlord hereby grants to Tenant, its employees, invitees and permitted sublessees and assigns, during the non-exclusive Term, the nonexclusive right to use use, in common with other tenants in all others so entitled, the Project, Common Areas for pedestrian and vehicular traffic. The Common Areas shall be subject to the Rules exclusive control and Regulations referred management of Landlord and to in Article 5 of this Lease, those portions of the Project which are providedsuch reasonable rules and regulations as Landlord may, from time to time, for adopt and Landlord reserves the right to change the areas, locations and arrangement of parking areas and other Common Areas; to enter into, modify and terminate easements and other agreements pertaining to the maintenance and use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such parking areas and other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord ; to close any or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the all portions of the Common Areas located within to such extent and for such time as may, in the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and Landlord's counsel, be legally necessary to prevent a dedication thereof or the use thereof shall be subject accrual of any rights to any person or to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right public therein; to close temporarily, if necessary, any part of the Common Areas in order to discourage noncustomer parking; and to make changes, additions, deletions, alterations or additions toimprovements in and to such Common Areas, or change the location including methods of elements of the Project ingress to and the egress from such Common Areas, provided thatthat there shall be no material obstruction of Tenant's right of ingress to or egress from the Premises, nor shall there be any change in connection therewiththe location of the primary entrances to the Building, or in the configuration of the interior Common Areas providing access and ingress and egress to and from the Premises, or in the configuration of the parking areas set aside for Tenant's use as provided in Section 10.3. Landlord shall perform such closures, alterations, additions or changes enforce any rules and regulations adopted in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premisesnondiscriminatory manner.

Appears in 1 contract

Samples: Lease (Simon Property Group L P /De/)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, outside of the Premises provided for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord, including, but not limited to, the non-exclusive right to use in common with Landlord or areas within the Project that the and other occupants of the Building are permitted such walkways, roadways, driveways, loading docks, parking facilities, the outdoor amenity space and other similar or related facilities as may exist in and about the Building and “Land” (as hereinafter defined) and be generally available to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with all occupants of the declarationProject. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord, including, without limitation, elevators, stairways, corridors, entranceways, rest rooms, loading docks, utility closets, risers, shafts, raceways and other similar or related facilities as may exist in and about the Building and be generally available to all occupants of the Building. The manner in which the Common Areas are shall be maintained and operated shall be at the by Landlord in a clean, neat, and commercially reasonable discretion of Landlord manner, consistent with a first class commercial office park, and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2 below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project (other than the Premises) and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts so as to minimize any material interference with with, or disruption to, Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Sova Science District (Conatus Pharmaceuticals Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the each Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Section 2.2.2 of this Lease, below, are maintained and operated) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant’s rights or access hereunder, provided that, in connection therewith, and Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Except when and where Tenant’s right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Ixia)

Common Areas. Landlord shall make available “Common Areas”, in the Building and on the Land on which the Demised Premises are situated. The Common Areas shall include (if applicable), but not be limited to, common entrance foyers, lobbies, elevators, stairwells, corridors, restrooms, chases, meter rooms and utility rooms in the Building and parking areas, loading areas, driveways, sidewalks, landscaped areas, green areas, grounds, plazas and picnic areas on the Land. Landlord grants to Tenant shall have and to Tenant’s Permittees, during the term of this Lease, the non-exclusive right to use the Common Areas, in common with other tenants in Landlord and with others designated by Landlord as being entitled to use the ProjectCommon Areas, and subject to the Rules Landlord’s reasonable rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, regulations established from time to timetime applicable to all tenants concerning the use and operation of the Common Areas. Tenant shall comply with and cause its Permittees to comply with said rules and regulations. Landlord shall operate, manage, control, repair, replace and maintain in good condition the Common Areas for use their intended purposes, all in common the same manner as owners of similar property and in accordance with custom and practice in the industry. Landlord shall have the sole right and exclusive authority to employ and discharge all personnel with respect thereto; to close temporarily all or any portion of the Common Areas for the purpose of making repairs, changes or alterations thereto; to perform necessary maintenance in connection with any emergency; and to maintain security for the Common Areas if deemed necessary by Landlord, Tenant and any other tenants of . Landlord shall have the Project right (such areas, together with such other portions of but not the Project designated by Landlordobligation), in its sole discretion, including certain areas designated to reserve the parking area immediately in front of, at the rear of and/or adjacent to a particular premises for the exclusive use of certain tenantsthat tenant who leases such premises, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist provided that such reservations of parking spaces do not give one tenant a disproportionate share of the “Project Common Areas” and parking provided for the “Building Common AreasBuilding.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Lease Agreement (Avalon Pharmaceuticals Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to construct and operate an amenities center in the Building for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term (provided that Tenant acknowledges that the amenities center is currently anticipated to begin operations after the Lease Commencement Date); provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 1 contract

Samples: Lease (CytomX Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, including Tenant, or to be shared by Landlord and certain tenants, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are shall be maintained and operated shall be in a first-class manner as determined at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Tenant acknowledges that Landlord is in the process of renovating the Common Areas. As of the date of this Lease, Landlord has completed all of the outdoor amenity renovations and the health fitness facility.

Appears in 1 contract

Samples: Lease (Organovo Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants of the Building are permitted Common Areas may include, from time to utilize pursuant to time, in Landlord’s sole discretion, a recorded declaration conference center and which areas shall be maintained in accordance with the declarationother amenities. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of “Comparable Buildings,” as that term is defined in Section 2.2.2 of this Lease, are maintained and operated), and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that, except as required by “Applicable Laws”, as that term is defined in Article 24 of this Lease, Tenant shall only be required to abide by and observe such rules, regulations and restrictions to the extent the same do not (a) unreasonably interfere with or prevent Tenant from using the Premises for the Permitted Use, or (b) materially diminish the rights or materially increase the obligations of Tenant under this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord that no changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially diminish Tenant’s use rights or access to the Premises under this Lease, or materially interfere with or prevent Tenant from using the Premises for the Permitted Use. Except when and where Tenant’s right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term”, as that term is defined in Section 2.1 below.

Appears in 1 contract

Samples: Office Lease (Trulia, Inc.)

Common Areas. Tenant shall have the non-exclusive nonexclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist Subject to the terms of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, the Landlord shall mean maintain the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to Common Areas in a recorded declaration first-class manner and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” General Maintenance Plan attached hereto as used in this LeaseExhibit D, shall mean but the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The exact manner in which the tenants Common Areas are maintained and operated shall be at determined by the reasonable discretion of Landlord Landlord, and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to timetime pursuant to Article 5 below. Tenant shall pay its pro rata share of cost of maintaining the common areas and of maintaining the Creekwalk area as required by the City of San Leandro. Such maintenance costs shall be allocated among Buildings based upon the relative rentable square footage of the buildings. If Tenant believes that Landlord is not maintaining the Common Areas in a first-class manner, Tenant shall notify Landlord in writing if oral requests are not responded to in a timely manner. If Landlord fails, on three (3) occasions within any two (2) year period in its maintenance obligations, Tenant may require Landlord to employ a third party property manager to supervise maintenance of the Common Areas. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, Areas provided that, that changes to the Common Areas do not interfere in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference way with Tenant’s access to and use of and the Premises. Landlord specifically agrees that access to the Premisesparking portions of the Common Areas shall be controlled by gates activated by a card system or other system appropriate to ensure that, as much as possible, use of the parking area is restricted to persons employed by or having business with tenants in the Project.

Appears in 1 contract

Samples: Attornment and Nondisturbance Agreement (Trinet Group Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at Landlord's reasonable discretion, provided that Landlord shall maintain and operate the reasonable discretion same in a manner consistent with the maintenance and operation of Landlord common areas in "Comparable Buildings," as defined in Section 4 of Exhibit H attached hereto and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. The Common Areas currently include the roof deck of the Building (the "Roof Deck"), provided thatwhich currently can be used on a non-exclusive basis by third parties (including Building tenants). Notwithstanding the foregoing, Landlord reserves the right, in connection therewithits sole discretion, Landlord to close, alter, add to, change the Roof Deck, and/or cease further use thereof by third parties (including Building tenants), at any time in the future. Except when and where Tenant's right of access is specifically excluded in this Lease, Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Nektar Therapeutics)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease(as defined below) and Landlord’s reasonable access control procedures and systems, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project such as entrances, lobbies, fire vestibules, restrooms, mechanical areas, ground floor corridors, elevators and elevator foyers, the Parking Garage, electrical and janitorial closets, telephone and equipment rooms, loading and unloading areas, the Project’s plaza areas, if any, ramps, drives, stairs, and similar access ways and service ways and other common areas and facilities in and adjacent to the Building and the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of Comparable Buildings (as defined below) are operated and maintained). Landlord agrees that, if Tenant so elects and appoints a representative, then, upon Tenant’s written request made not more often than on a quarterly basis, Landlord shall meet and confer with Tenant’s representative regarding the use thereof shall be subject to manner in which the Rules Common Areas are operated and Regulations as Landlord may make from time to timemaintained. Landlord reserves the right to temporarily close temporarilythe Common Areas, or make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes may not modify the Building Common Areas in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with that would materially affect Tenant’s use of and or access to the Premises., without Tenant’s consent not to be unreasonably withheld, conditioned or

Appears in 1 contract

Samples: Service Agreement (Twilio Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.(as those terms are defined below). The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or (including, without limitation, the Fitness Center (subject to the provisions of Section 29.34), sidewalk areas, multi-tenant access-ways and the multi-tenant “first-come first served” areas within of the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationparking facility). The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordLandlord (including, without limitation, the main multi-tenant lobby of the Building, the areas on individual multi-tenant floors that are designed to be accessible to more than one (1) tenant (e.g., fire vestibules, elevators, multi-tenant foyers, multi-tenant lobbies, multi-tenant electrical and telephone closets, multi-tenant restrooms, multi-tenant mechanical rooms, multi-tenant janitorial closets and other similar facilities for the benefit of the tenants and invitees of the Building)). The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but at all times in a manner consistent with a first class office project) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which (a) materially reduce Tenant’s use rights, the level of utilities or services supplied to the Premises or access hereunder, or (b) materially increase Tenant’s obligations hereunder. Except when and where Tenant’s right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises., the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below. -0- XXXXXX REALTY XXXXXX CENTRE DEL MAR [Santarus, Inc.]

Appears in 1 contract

Samples: Sublease Agreement (Mast Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"COMMON AREAS"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term “Project Common Areas"PROJECT COMMON AREAS," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas"BUILDING COMMON AREAS," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, that in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of of, and access to, the Premises. Subject to Landlord's reasonable rules and regulations, Tenant shall have access to the Premises, twenty-four (24) hours a day, three hundred sixty-five (365) days a year.

Appears in 1 contract

Samples: Office Lease (Schuler Homes Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The Common Areas shall be maintained and operated in a manner consistent with the “Comparable Buildings” as that term is set forth in which Section 4 of Exhibit G, attached to this Lease. Notwithstanding anything set forth herein to the contrary, the use of the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules express provisions of this Lease and Regulations such rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not (a) unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use granted under Section 5.1, below or (b) materially increase the cost of Tenant’s occupancy of the Premises through a material increase in Additional Rent. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant’s rights or access hereunder, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference otherwise materially interferes with Tenant’s ability to use the Premises for the Permitted Use. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Bridgepoint Education Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other first-class, office "flex" buildings in the vicinity of the Project, which buildings have a rental area of greater than 50,000 rentable square feet, and are comparable in quality of appearance, services and amenities to the Building (the "Comparable Buildings"), and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Multi (Aehr Test Systems)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area, elevators and staircase in the 900 Building and grounds (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises and parking areas. -In addition, Tenant shall have the exclusive right to use the patio/picnic table area adjacent to the Initial Premises for seating, eating and company gatherings, including the right to install seating and other improvements, subject to Article 8 hereof.

Appears in 1 contract

Samples: Lease (Bolt Biotherapeutics, Inc.)

Common Areas. Landlord shall make available “Common Areas”, in the Building and on the Land on which the Demised Premises are situated. The Common Areas shall include (if applicable), but not be limited to, common entrance foyers, lobbies, elevators, stairwells, corridors, restrooms, chases, meter rooms and utility rooms in the Building and parking areas, loading areas, driveways, sidewalks, landscaped areas, green areas, grounds, plazas and picnic areas on the Land. Landlord grants to Tenant shall have and to Tenant’s Permittees, during the term of this Lease, the non-exclusive right to use the Common Areas, in common with other tenants in Landlord and with others designated by Landlord as being entitled to use the ProjectCommon Areas, and subject to the Rules Landlord’s reasonable rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, regulations established from time to time, for time applicable to all tenants concerning the use in common by Landlord, Tenant and any other tenants operation of the Project (Common Areas. Tenant shall comply with and advise its Permittees to comply with said rules and regulations. Landlord shall operate, manage, repair, replace and maintain in good condition the Common Areas for their intended purposes, all in such areas, together with such other portions of manner as the Project designated by Landlord, in its sole discretion, including certain areas designated for the exclusive use of certain tenantsshall determine, or to be shared by Landlord but in all cases, in compliance with all applicable laws, statutes, ordinances and certain tenants, are collectively referred to herein as the “Common Areas”)codes. The All Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to timeexclusive control of Landlord. Landlord reserves shall have the sole right and exclusive authority to employ and discharge all personnel with respect thereto; to close temporarily, make alterations temporarily all or additions to, or change the location of elements any portion of the Project Common Areas for the purpose of making repairs, changes or alterations thereto; to perform necessary maintenance in connection with any emergency; and to maintain security for the Common Areas, provided that, in connection therewith, Areas if deemed necessary by Landlord. Landlord shall perform such closures, alterations, additions or changes in a agrees to make commercially reasonable manner and, in connection therewith, shall use commercially reasonable reasonably efforts to minimize any material interference with disruption to Tenant’s use business while performing any of and access to the Premisesits obligations herein.

Appears in 1 contract

Samples: Agreement of Sublease (Advancis Pharmaceutical Corp)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease5, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform that such closures, alterations, additions or changes in a commercially reasonable manner andshall not unreasonably interfere with Tenant’s use of such Common Areas and provided, further, that in connection therewith, therewith Landlord shall use commercially reasonable efforts to minimize any material interference with Tenant’s Txxxxx's use of and access to the PremisesPremises and parking areas. Landlord has constructed an amenities center in the Project for use by the tenants of the Project, Landlord shall operate and maintain such amenities center (which amenities center shall include a café and a fitness facility) throughout the Lease Term. If despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project), or a replacement fitness facility for use by Tenant's employees in reasonable proximity to the Project.

Appears in 1 contract

Samples: Five Prime Therapeutics Inc

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within including the Project that patios on the occupants of the Building are permitted to utilize pursuant to a recorded declaration 2nd and which areas shall be maintained in accordance with the declaration4th floors. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference unreasonably interfere with Tenant’s Xxxxxx's use of and or access to the Premises. Notwithstanding the foregoing, Landlord shall operate and maintain the Common Areas in a manner commensurate with "Comparable Buildings", as defined in Section 2.2.2, below.

Appears in 1 contract

Samples: Aadi Bioscience, Inc.

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, including Tenant, or to be shared by Landlord and certain tenants, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2 below; provided that, notwithstanding anything to the contrary in this Lease, Landlord shall operate the Project as a first class life sciences project comparable to other first class life sciences projects in San Diego. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Notwithstanding anything to the contrary in this Lease, in no event shall Landlord operate, maintain or make any changes to the Project or any portion thereof that will unreasonably interfere with or limit (a) Tenant’s access to or from the Premises, (b) Tenant’s use of the Premises, or (c) Tenant’s parking rights under this Lease.

Appears in 1 contract

Samples: Aethlon Medical Inc

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. In no event shall the manner in which Landlord maintains and operates the Building Common Areas breach Tenant's quiet enjoyment of the Premises as provided for in Article 20 of this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that (i) Landlord shall not prevent Tenant's use of the Premises for the Permitted Use as provided for in this Lease in connection therewithwith the foregoing activities, and (ii) Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall at all times use commercially reasonable efforts to minimize any material interference with the conduct of Tenant’s use of and access to 's business at the Premises.

Appears in 1 contract

Samples: Office Lease

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants ten ants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with . Except when and where Tenant’s use right of and access is specifically excluded as the result of (i) an emergency, (ii) a requirement of applicable laws, or (iii) a specific provision set forth in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Article 2 of this Lease.

Appears in 1 contract

Samples: Office Lease (BrightSource Energy Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, including Tenant, or to be shared by Landlord and certain tenants, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are shall be maintained and operated shall be in a first- class manner as determined at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.. Tenant acknowledges that Landlord is in the process of renovating the Common Areas. As of the date of this Lease, Landlord has completed all of the outdoor amenity renovations and the health fitness facility. 176640186.8 373606-000050

Appears in 1 contract

Samples: Lease (Organovo Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, time for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but at all times in a manner reasonably consistent with the "Comparable Buildings" (as that term is defined in Section 2.2.2 below)) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Article 5, below. Landlord reserves the right to close temporarily, make alterations or additions to, to or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Affymetrix Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants of the Building are permitted Common Areas may include, from time to utilize pursuant to time, in Landlord's sole discretion, a recorded declaration conference center and which areas shall be maintained in accordance with the declarationother amenities. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from fi·om time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Office Lease (Atlantic Acquisition Inc.)

Common Areas. Tenant References herein to “common areas” shall have mean all areas of the non-Project not leased to tenants for their exclusive right use. Landlord shall make available from time to time such public portions of the common areas as Landlord deems appropriate. As part of Common Expenses (Section 5.1), Landlord is responsible for operating and maintaining the common areas and Landlord may change the size, location, nature and use of any common areas, provided that such changes do not materially and unreasonably interfere with Tenant’s access to or use of the Premises. Without limiting the foregoing, Landlord may erect scaffolding, barriers, and other structures in the common areas where required, in Landlord’s sole discretion, in connection with other tenants in work to be performed at the Project, and subject provided that the access to the Rules Premises and Regulations referred to in Article 5 of this Lease, those portions use of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants Premises shall not be unreasonably blocked or unreasonably interfered with given the nature of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by work and Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with the impacts on Tenant’s access and use. Tenant has the nonexclusive right to use those common areas which from time to time are designated for such use by Landlord, subject to the terms of this Lease. Tenant shall not store anything outside the Premises. Subject to any specific access provisions elsewhere in this Lease, Tenant shall not permit any employee, contractor or guest onto the roof of the Building or into any other non-public areas of the Project, except the Premises. Tenant acknowledges that the State of Washington Department of Transportation and/or the City of Seattle have commenced demolition and replacement of, and related work pertaining to, the Alaskan Way Viaduct (“Viaduct Work”), and that such Viaduct Work may cause temporary changes in, or disruption to, access to the PremisesProject and/or surrounding areas. Tenant agrees that none of the Viaduct Work shall be a breach of Landlord’s obligations, covenants or warranties under this Lease, at law or in equity.

Appears in 1 contract

Samples: Market Square (Bsquare Corp /Wa)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but at all times in a manner consistent with a first class office project) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Article 2, below.

Appears in 1 contract

Samples: Office Lease (St. Bernard Software, Inc.)

Common Areas. Tenant shall have the non-exclusive right to ------------ use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"COMMON AREAS"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord; provided, however, such Common Areas shall not include building common areas within the buildings to be built within the Project. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to timetime as provided in Section 5.2 of this Lease, provided that Landlord shall at all times maintain and operate the Common Areas in a first-class manner consistent with the "Comparable Buildings, as such term is defined in Section 1.5.2 of this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided thatas long as such changes do not change the nature of the Project to something other than a first-class project or materially, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with adversely effect Tenant’s 's use of the Premises for the Permitted Use, as set forth in Section 7 of the Summary, Tenant's ingress to or egress from the Project, Building, the Premises or the parking areas servicing the same, or reduce the parking area available for use by Tenant. In connection with the foregoing, Tenant hereby acknowledges that Landlord shall, pursuant to the "Building B Lease," as that term is set forth in Section 29.37 of this Lease, construct "Building B," as that term is set forth in Section 29.37 of this Lease, and other improvements and Common Areas within the Project. Except when and where Tenant's right of access is specifically excluded as the result of (i) an emergency, (ii) a requirement by law, or (iii) a specific provision set forth in this Lease, Tenant shall have, throughout the Lease Term, the right of ingress and egress to the Premises, the Building and the Building parking areas twenty-four (24) hours per day, seven (7) days per week.

Appears in 1 contract

Samples: Lease (Diversa Corp)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to construct and operate an amenities center in the Project for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term (provided that Tenant acknowledges that the amenities center is currently anticipated to begin operations after the Lease Commencement Date); provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 1 contract

Samples: Lease (Tenaya Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project reasonably designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord (but shall at least be consistent with the manner in which the common areas of Comparable Buildings are maintained (provided that, except as otherwise expressly set forth in this Lease, in no event shall Landlord be required to improve or enhance the Common Areas in existence as of the date of this Lease)) and the use thereof shall be subject to the Rules such reasonable non-discriminatory rules, regulations and Regulations restrictions as Landlord may make from time to time; provided that Landlord shall not enforce such rules, regulations and restrictions in a discriminatory manner against Tenant as opposed to other tenants of the Project. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, (i) Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material unreasonable interference with Tenant’s use of and and/or access to the Premises for the Permitted Use and/or Tenant’s parking rights under this Lease (provided that to the extent Landlord provides Tenant with “Reasonable Alternate Parking,” as that term is defined in Section 19.5.2 below, then no unreasonable interference with Tenant’s parking rights shall be deemed to have occurred), and (ii) Landlord shall give Tenant at least five (5) business days prior notice if such closures, alterations, additions or changes will interfere with, or limit, on other than a non-material basis (except in the event of an emergency, where no prior notice shall be required, except that Landlord shall nonetheless use commercially reasonable efforts to notify Tenant): (a) Tenant’s access to or from the Premises, (b) Tenant’s use of the Premises for the Permitted Use, or (c) Tenant’s parking passes, Tenant’s signage rights specifically set forth in Article 23 below or Tenant’s rooftop rights specifically set forth in Section 29.32 below.

Appears in 1 contract

Samples: Lease (BioAtla, Inc.)

Common Areas. Landlord shall make available "Common Areas", in the Building and on the Land on which the Demised Premises are situated. The Common Areas shall include (if applicable), but not be limited to, common entrance foyers, lobbies, elevators, stairwells, corridors, restrooms, chases, meter rooms and utility rooms in the Building and parking areas, loading areas, driveways, sidewalks, landscaped areas, green areas, grounds, plazas and picnic areas on the Land. Landlord grants to Tenant shall have and to Tenant's Permittees, during the term of this Lease, the non-exclusive right to use the Common Areas, in common with other tenants in Landlord and with others designated by Landlord as being entitled to use the ProjectCommon Areas, and subject to the Rules Landlord's reasonable rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, regulations established from time to time, for time applicable to all tenants concerning the use in common by Landlord, Tenant and any other tenants operation of the Project (Common Areas. Tenant shall comply with and cause its Permittees to comply with said rules and regulations. Landlord shall operate, manage, repair, replace and maintain in good condition the Common Areas for their intended purposes, all in such areas, together with such other portions of manner as the Project designated by Landlord, in its sole discretion, including certain areas designated shall determine. All Common Areas shall be subject to the control of Landlord in accordance with normal custom and practice in the industry. Landlord shall have the authority to employ and discharge all personnel with respect thereto; to close temporarily after written notice to Tenant all or any portion of the Common Areas for the purpose of making repairs, changes or alterations thereto; to perform necessary maintenance in connection with any emergency; and to maintain security for the Common Areas if deemed necessary by Landlord. Landlord shall have the right (but not the obligation), in its sole discretion, to reserve the parking area immediately in front of, at the rear of and/or adjacent to a particular premises for the exclusive use of certain tenantsthat tenant who leases such premises, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist provided that such reservations of parking spaces do not give one tenant a disproportionate share of the “Project Common Areas” and parking provided for the “Building Common AreasBuilding.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Lease (Advancis Pharmaceutical Corp)

Common Areas. Tenant shall have the right, which except as otherwise expressly provided in this Section 1.1.3 shall be non-exclusive right exclusive, to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenantstenants of the Project, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion outside areas of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants Common Areas may include, from time to time, in Landlord’s sole discretion, a conference center and other amenities, all of which shall be available for use by all tenants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordProject. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time; provided, however, subject to compliance with Applicable Laws, Landlord shall in no event promulgate and such rules, regulations and restrictions that shall have a material and adverse impact on Tenant’s rights to use of the Premises for the permitted use as set forth in this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises or the Equipment Area (as defined in Section 29.36 below).

Appears in 1 contract

Samples: Office Lease (NeuroPace Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the "Comparable Buildings," as that term is defined in Section 4 of Exhibit H, are maintained and operated) and the use thereof shall be subject to the Rules such reasonable and Regulations nondiscriminatory rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably or materially interfere with the rights granted to Tenant under this Lease or the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, the Common Areas, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Article 2, Section 2.1, below. The café and fitness center in the Building are maintained and operated by another tenant in the Building as part of such tenant's premises. Notwithstanding the foregoing, Landlord shall not discriminate against Tenant in permitting Tenant to use the fitness center and café to the extent within Landlord's control.

Appears in 1 contract

Samples: Office Lease (Evofem Biosciences, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the Tenant’s use thereof shall be subject to the Rules such reasonable and Regulations non-discriminatory rules, regulations and restrictions as Landlord may make from time to timetime (but Tenant shall not be obligated to comply with any additions, amendments and/or modifications to such rules, regulations and restrictions unless and until Tenant receives written notice thereof from Landlord), provided that such rules, regulations and restrictions (and all additions, amendments and/or modifications thereof, if any) do not result in a Tenant Adverse Impact, and provided further that Landlord shall at all times maintain and operate the Common Areas in a “first-class” manner materially consistent with the common areas of the Comparable Buildings. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided thatAreas with at least fifteen (15) days’ prior written notice to Tenant (except in the case of an emergency, in connection therewith, which case Landlord shall perform provide Tenant such closures, alterations, additions or shorter notice as may be reasonable under the circumstances); provided that no such changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize be permitted which cause any material interference with Tenant Adverse Impact. Except when and where Tenant’s use right of and access is specifically excluded as a result of (i) an emergency, (ii) a requirement of law, or (iii) an express provision set forth in this Lease, Tenant shall have the right of access to the PremisesPremises and the Project parking facility twenty-four (24) hours per day, seven (7) days per week and every day of the year during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Genesis Campus Point (Heron Therapeutics, Inc. /De/)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain de minimus areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime provided the same are enforced in a nondiscriminatory manner. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with . Except when and where Tenant’s use right of and access is specifically excluded or restricted as the result of (i) an emergency, (ii) a requirement by Applicable Laws, or (iii) a specific provision set forth in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week, every calendar day during the Lease Term. Notwithstanding anything above to the contrary, Landlord shall manage, maintain and operate the Project in a manner materially consistent with other first-class, mid-rise or high-rise office buildings in El Segundo, California, which are comparable in terms of size (from 100,000 to 500,000 square feet), age or date and extent of renovation, quality of construction, appearance, and quality of common area improvements (the “Comparable Buildings”).

Appears in 1 contract

Samples: Office Lease (Internet Brands, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the ProjectProperty, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project Property which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Property (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). Except during such periods as, and to the extent, Tenant is entitled to the exclusive use thereof, the Building lobby and Outdoor Terraces shall remain part of the Common Areas. The Common Areas shall consist of the “Project Property Common Areas” and the “Building Common Areas.” The term “Project Property Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within Common Areas located outside the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationBuilding. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordBuilding. The manner in which the Common Areas are maintained shall be as provided in Article 7 and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Exhibit G, attached hereto) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project Property and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with TenantXxxxxx’s use of and access to the PremisesPremises or the Property parking facility.

Appears in 1 contract

Samples: Sublease (Reddit, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord, provided that Landlord shall at all times (1) maintain and operate the use thereof shall be subject Common Areas in a first‑class manner at least consistent with "Comparable Buildings," as that term is defined in Section 4 of Exhibit F to this Lease; and (2) designate and operate the Rules and Regulations as Landlord may make from time to timeCommon Areas in a manner that does not violate clauses (a) through (f) of the immediately following sentence. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project (other than the Premises) and the Common Areas, provided that, in connection therewith, that Landlord shall perform such closuresnot, without the prior written consent of Tenant, which may be given or withheld in Tenant’s reasonable discretion, make any permanent alterations, additions or changes in which (a) change the nature of the Project to something other than a commercially reasonable manner andfirst class office building project, in connection therewith(b) materially, shall adversely affect Tenant's use commercially reasonable efforts to minimize any material interference of the Premises for the Permitted Use or materially interfere with Tenant’s use business operations being conducted at the Premises, (c) materially adversely affect Tenant's ingress to or egress from the Project, Building, the Premises or the parking areas servicing the same, (d) materially impair the visibility of Tenant's signage rights as provided under this Lease, and/or (e) materially increase Tenant's monetary obligations under this Lease. Except when and where Tenant's right of access is specifically excluded as the result of (i) an emergency, (ii) a requirement by Applicable Law or the Underlying Documents (as that term is defined in Section 5.5 below), or (iii) a specific provision set forth in this Lease, Tenant shall have the right of ingress and egress to the Premises, the Common Areas and Tenant's Parking Areas (as that term is defined in Article 28 below) twenty- four (24) hours per day, seven (7) days per week, every day of the year during the Lease Term.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

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