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 of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premises.
Appears in 3 contracts
Sources: Multi Tenant Industrial Lease (Appfolio Inc), Multi Tenant Industrial Lease (Appfolio Inc), Multi Purpose Commercial Building Lease (Inogen Inc)
Common Areas. Subject to Article 6 of As used in 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)Areas” shall mean means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the portions Project that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12
(a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to:
(a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas;
(b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and
(c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building which are not specifically leased or specifically available for lease other Buildings, altering the Common Areas in order to tenants and which have at comply with the time in question been designated and improved for common use by ADA, 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 converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which was not included within the Common Area Buildings or structures have been erected shall no longer be so included when so designated and improved for common use. All deemed to be a part 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 of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the PremisesAreas.
Appears in 3 contracts
Sources: Office Lease (Blue Water Acquisition Corp.), Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)
Common Areas. Subject As used in this LEASE, the term “common areas” means, without limitation, the hallways, entryways, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to Article 6 time by LANDLORD for the general nonexclusive use and convenience of this LeaseTENANT with LANDLORD and other tenants of the project and their respective employees, Landlord shall make available at all times during invitees, licensees, or other visitors. LANDLORD grants TENANT, its employees, invitees, suppliers, contractors and customers a nonexclusive license for the term of this LeaseLEASE to use the common areas, as they exist from time to time, in common with others entitled to use the common areas, subject to the terms and conditions of this LEASE and such automobile parking rules and other common areas within regulations as may be applicable thereto from time to time. Without advance notice to TENANT, except with respect to matters covered by subsection (a) below, and without any liability to TENANT in any respect, provided LANDLORD will take no action permitted under this Article 10 in such a manner as to prevent TENANT’s access to the exterior boundaries of Leased Premises, LANDLORD will have 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 right to:
(a) Close off any of the following common areas to whatever extent required in the opinion of LANDLORD and its counsel to prevent a dedication of any of the common areas or the accrual of any rights by any person or the public to the common areas;
(b) Temporarily close any of the specific recitation of which shall not be deemed to limit common areas for maintenance, alteration, or improvement purposes; and
(c) Change 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 size, use, provided shape, or nature of any such common areas, including erecting additional buildings on the common areas, expanding the existing building or other buildings to cover a portion of the common areas, converting common areas to a portion of the building or other buildings, or converting any portion of the Building which was not included within building (excluding the Common Area shall be so included when so designated and improved for Leased Premises) or other buildings to common useareas. All Upon erection of any additional buildings or change in common areas, the portion of the Common Area shall Project upon which buildings or structures have been erected will no longer be subject deemed 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 be a part of the Common Area or common areas.
(d) Under no circumstances shall the adequacy of any security system which is or may right herein granted to use the common areas be instituted for the Common Area. In no event shall Tenant have deemed to include the right to sell store any property, temporarily or solicit in any manner permanently, in the Common Areacommon areas. As long as Tenant is not in default under this LeaseAny such storage shall be permitted only by the prior written consent of LANDLORD or LANDLORD’s designated agent, Tenant which consent may be revoked at any time. In the event that any unauthorized storage shall occur then LANDLORD shall have the non-exclusive right right, without notice, in addition to use in common with such other Tenants of rights and remedies that it may have, to remove the Building property and charge the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisescost to TENANT, which cost shall be immediately payable upon demand by LANDLORD.
Appears in 3 contracts
Sources: Standard Business Park Lease (Sonendo, Inc.), Standard Business Park Lease (GLAUKOS Corp), Standard Business Park Lease (GLAUKOS Corp)
Common Areas. Subject to Article 6 of As used in this LeaseLEASE, Landlord COMMON AREAS shall make available at mean all times during the term of this Lease, such automobile parking and other common areas within the exterior boundaries SHOPPING CENTER (whether owned by LANDLORD or any other owner affiliated with LANDLORD 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 SHOPPING CENTER) which was are not included within leased or held for the Common Area exclusive use of TENANT or other tenants, including, but not limited to, all parking areas, driveways, sidewalks, loading areas (except any loading area for the exclusive use of TENANT or any other tenants in the SHOPPING CENTER), access roads, storm drains, curbs, parking area lighting, directional signs, landscaping and planted areas as depicted on Exhibit “B” or existing, or to be in existence, in or about the SHOPPING CENTER during the TERM hereof. The SHOPPING CENTER shall be so included when so designated and improved for common use. All operated as a single, contiguous shopping center (i.e., no fences, landscaping or other barriers which separate any portion of the Common Area SHOPPING CENTER from the remaining portion thereof) and LANDLORD shall be subject not change, or permit others to temporarily or permanently change, the size, location, nature and use of any of the COMMON AREAS, including the quantity, location, sizing or proximity to the exclusive control PREMISES of vehicle parking spaces, or convert COMMON AREAS into leasable areas, or increase or decrease COMMON AREA land. If any portion of the SHOPPING CENTER is sold or otherwise conveyed to any person, or if additional areas are added to the SHOPPING CENTER, LANDLORD shall cause such portion(s) so sold, and management such portions of Landlord such areas so added as are not leased or otherwise occupied exclusively by a tenant or other occupant, to continue to be subjected, or to be subjected, to the COMMON AREA uses required by this LEASE. To the extent the COMMON AREAS ever include areas not owned by LANDLORD, LANDLORD shall not consent to any change in any of such other persons areas, or nominees as Landlord any use thereof, which would violate the terms of this LEASE, including (without limitation) the provisions of this Section, but rather LANDLORD shall use its best efforts to enforce all legal rights which LANDLORD may have delegated or assigned to exercise avoid any such management or controlviolation. Notwithstanding the foregoing, in whole or in part, in Landlord’s place and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning LANDLORD may make such modifications to the safety COMMON AREA of the Common Area SHOPPING CENTER as may be required to comply with applicable laws and ordinances, but in doing so LANDLORD shall use all reasonable efforts to avoid any adverse effect on the visibility of, access to, or use of the PREMISES by TENANT and its invitees. LANDLORD represents and warrants to TENANT that there are no agreements or other arrangements made with neighboring property owners, other tenants of the SHOPPING CENTER, or other parties, that affect the PREMISES, the COMMON AREAS or the adequacy SHOPPING CENTER, or portions thereof or conflict with TENANT’s rights or LANDLORD’s obligations hereunder, including but not limited to: the use of any security system which is vehicle parking spaces, the maintenance of asphalt, concrete, landscaping or may be instituted for other areas without structures, future development, utility services, security, vehicular or pedestrian access or egress, signage, drainage, advertising or TENANT’s use of the Common AreaPREMISES, the COMMON AREAS or the SHOPPING CENTER. In no event LANDLORD shall Tenant have operate the right to sell or solicit in any manner in the Common Area. As long SHOPPING CENTER as Tenant is not in default under this Leasean integrated retail center and shall adopt and enforce reasonable, Tenant shall have the non-exclusive right to discriminatory rules governing the use in common with other Tenants of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy COMMON AREA of the PremisesSHOPPING CENTER, including the parking areas.
Appears in 3 contracts
Sources: Standard Multi Tenant Lease (99 Cents Only Stores), Standard Multi Tenant Lease (99 Cents Only Stores), Lease Agreement (99 Cents Only Stores)
Common Areas. Subject to Article 6 of this Lease(a) During the Term, Landlord shall make available at all times during until the term of this Lease, such automobile parking and other common areas within the exterior boundaries occurrence 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. Multi-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 LeaseOccupancy Date, Tenant shall have the nonexclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-exclusive Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with other Tenants Landlord, and their respective Related Users (including all of the Building same Persons with respect to the common areas Recapture Space and facilities included in Additional Recapture Space), for the Building together with such easements for ingress sole purposes of access, ingress, egress, loading and egress as are necessary for unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use and occupancy of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 3 contracts
Sources: Master Lease (Sears Holdings Corp), Master Lease (Seritage Growth Properties), Master Lease (Seritage Growth Properties)
Common Areas. Subject Landlord hereby grants to Article 6 of this LeaseTenant a non-exclusive license to use, in common with all others to whom Landlord shall make available at has or may hereafter grant such license, the Common Areas (as hereinafter defined) located on Landlord’s Property. “Common Areas” means the parking areas, roadways, pedestrian sidewalks, delivery areas, landscaped areas and all times during other areas or improvements designated by Landlord, from time to time, for the term of this Lease, such automobile parking and other common areas within the exterior boundaries use of the land tenants or occupants of Landlord’s Property. Tenant shall keep the Common Areas free and Building clear of which litter, trash and debris resulting from or attributable to Tenant’s operation from the Premises are a part. The term “Common Area(s)” and shall mean all cause its employees to park only in the portions portion of the Building which are not Common Areas 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 useparking. Parking shall not be permitted on Landlord’s Property for more than twenty-four (24) consecutive hours or on any public or private street adjacent to Landlord’s Property. Tenant shall not obstruct, provided any portion of interfere with or impede the Building which was not included within the Common Area shall be so included when so designated and improved for common use. All use of the Common Area shall be subject Areas. Landlord reserves the right, with respect to the exclusive control Common Areas and management Landlord’s Property, to (a) establish rules and regulations for the use thereof; (b) temporarily close all or any portion thereof as Landlord deems necessary to prevent the dedication thereof or the accrual of Landlord any rights to any person or to the public therein; (c) increase, diminish, change or reconfigure the layout of the Common Areas and to rent portions thereof; (d) install, place upon or affix to the roof over the Premises and the exterior walls of the Premises, such equipment, signs, displays, antennas and other persons objects or nominees structures of any kind as Landlord may have delegated or assigned desire; and (e) increase, decrease, reconfigure and/or add to exercise such management or control, in whole or in part, in Landlord’s place and steadProperty. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety of shall maintain the Common Area Areas in good condition and repair and reasonably clear of snow and debris. Nothing herein contained shall be construed as requiring Landlord to remove any debris, ice or snow from 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 of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of sidewalks adjoining the Premises, which shall be the responsibility of Tenant.
Appears in 2 contracts
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 In addition 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 LeasePremises, Tenant shall have the use of those certain common areas designated by the Landlord from time to time on the Property; such areas shall include, but not be limited to, parking areas, access roads and facilities, interior corridors, sidewalks, driveways and landscaped and open areas (collectively, “Common Areas”). The use of the Common Areas shall be for the non-exclusive right to use of Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and all other Tenants tenants of the Building Property and all such other persons to whom Landlord has previously granted, or may hereinafter grant, rights of usage; provided that such nonexclusive use shall be expressly subject to such reasonable rules and regulations which may be adopted by the common areas Landlord from time to time, so long as such rules and facilities included regulations do not adversely affect Tenant’s use of the Premises and are uniformly enforced. Tenant shall not be entitled to use the Common Areas for storage of goods, vehicles, refuse or any other items. Landlord reserves the right to alter, modify, enlarge, diminish, reduce or eliminate the Common Areas from time to time in the Building together its sole discretion; provided, however, it does not unreasonably and materially interfere with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premises or access to and from the Premises. Landlord shall have the right to modify Common Areas, in order to implement new, necessary security measures; provided, however, it does not unreasonably and materially interfere with Tenant’s use and occupancy of the Premises or access to and from the Premises. If Tenant shall use any of the Common Areas for storage of any items, Tenant shall pay all fines imposed upon either Landlord or Tenant by any fire, building or other regulatory body, and Tenant shall pay all costs incurred by Landlord to clear and clean the Common Areas and dispose of such items, including but not limited to, a disposal fee of twenty-five dollars ($25.00) for each pallet or other container and fifty dollars ($50.00) for each drum, together with any additional costs for testing and special disposal, if required.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Truck Hero, Inc.)
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 toilets, the exercise gym, 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 of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premises.
Appears in 2 contracts
Sources: Multi Purpose Commercial Building Lease (Sientra, Inc.), Multi Purpose Commercial Building Lease (Sientra, Inc.)
Common Areas. Subject to Article 6 of As used in 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)Areas” shall mean means, the parking areas, walkways, landscaped areas, roadways, and all other areas and facilities now or hereafter at the portions Building and intended for common use. Without advance notice to Tenant (except with respect to matters covered by subsection (a) below) and without any liability to Tenant in any respect, Landlord will have the right to:
(a) establish and enforce reasonable rules and regulations concerning the maintenance, management, use and operation of the Building which are Common Areas;
(b) close off any of the Common Areas to whatever extent required in the opinion of Landlord and its counsel to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas, provided such closure does not specifically leased deprive Tenant of the substantial benefit and enjoyment of the Demised Premises.
(c) temporarily close any of the Common Areas for maintenance, alteration or specifically available improvement purposes, provided that such closure does not substantially interfere with Tenant’s ability to conduct its business;
(d) select, appoint or contract with any person for lease the purpose of operating and maintaining the Common Areas, subject to tenants such terms and which at such rates as Landlord deems reasonable and proper;
(e) change the size, use, shape or nature of any such Common Areas, provided such change does not deprive Tenant of the substantial benefit and enjoyment of the Demised Premises. So long as Tenant is not thus deprived of the substantial use and benefit of the Demised Premises, Landlord will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of parking spaces or other public conveniences at the time in question been designated Building, without incurring any liability to Tenant or entitling Tenant to any abatement of rent and improved for common use by such action will not constitute an actual or for constructive eviction of Tenant; and
(f) erect one or more additional buildings on the benefit Common Areas, expand the existing Building to cover a portion of more than one tenant or concessionaire the Common Areas, convert Common Areas to a portion 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 convert any portion of the Building (excluding the Demised Premises) to Common Areas. Upon erection of any additional buildings or change in Common Areas, the portion of the property upon which was not included within the Common Area shall buildings or structures have been erected will no longer be so included when so designated and improved for common use. All deemed to be a part 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 controlAreas. Provided, in whole or in parthowever, in Landlord’s place and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning receives the safety requisite municipal and/or other governmental approval for the erection of said building and the providing 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 corresponding parking 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 of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesrelation thereto.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)
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 All areas within the exterior boundaries Project which are available for the common use of tenants of the land Project 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 held for lease to the exclusive use of 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 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 tenants on a non-exclusive basis. Except as otherwise provided in this Lease, the manner in which the Common Areas are maintained and operated shall be at the reasonable discretion 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 useLandlord, provided any portion of that Landlord shall maintain and operate the Building which was not included within same in a first class manner substantially consistent with the Common Area shall be so included when so designated Comparable Buildings and improved for common use. All of the Common Area use thereof shall be subject to the exclusive control such reasonable, non-discriminatory rules, regulations and management of Landlord or such other persons or nominees restrictions as Landlord may have delegated make from time to time, which rules and regulations shall not be unreasonably or assigned 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 exercise 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 management or controlnotice shall not be required in the event of an emergency), in whole or in partLandlord, 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 reasonable discretion, reserves the right to sell close temporarily, make alterations or solicit in any manner in additions to, or change the location of elements of the Project and the Common Area. As Areas, so long as Tenant is such changes do not in default under this Lease, Tenant shall have change the non-exclusive right to use in common with other Tenants nature of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Project to something other than a first class office building project or materially affect Tenant’s use and occupancy of the PremisesPremises for the permitted use, or Tenant’s ingress to or egress from the Project, Building or the Premises or the parking areas servicing the same.
Appears in 2 contracts
Sources: Office Lease (Ziprecruiter, Inc.), Office Lease (Ziprecruiter, Inc.)
Common Areas. Subject to Article 6 of (a) As used in this Lease, the term Common Areas shall mean all areas and facilities within the Project that are not designated by Landlord for the exclusive use of Tenant, Landlord, or any other tenant of the Project, including but not limited to pedestrian sidewalks, landscaped areas, common bathrooms, lobby areas, parking areas, incinerators, interior stairs and balconies and similar areas and improvements, the truckways, roadways, loading docks, loading areas, railroad tracks, roofs, common areas and delivery yards.
(b) Landlord shall make available at all times have exclusive control over the Common Areas, provided that Tenant and Tenant’s employees, agents, suppliers, shippers, customers, and invitees shall have the nonexclusive right to use the Common Areas during the term of this Lease, such automobile subject to the rights reserved by Landlord under this Lease and further subject to all rules and regulations governing the use of the Common Areas from time to time issued by Landlord.
(c) Landlord shall have the right, without it constituting an actual or constructive eviction of Tenant, without any abatement of rent under this Lease and without notice (unless so stated below) to or the consent of Tenant, to
(i) upon five (5) days notice to Tenant, close any part of the Common Areas to the extent necessary in Landlord’s opinion to prevent the accrual of any prescriptive rights, provided, however, that access by Tenant shall not be unreasonably disrupted, and Landlord shall, to the maximum extent possible, avoid any disruption to Tenant’s access that exceeds four (4) hours;
(ii) upon five (5) days notice to Tenant, temporarily close any part of the Common Areas to repair and maintain them or for any other reasonable purpose, provided, however, that access by Tenant shall not be unreasonably disrupted, and Landlord shall, to the maximum extent possible, avoid any disruption to Tenant’s access that exceeds four (4) hours;
(iii) upon five (5) days notice to Tenant, change the nature of the Common Areas, including without limitation changes in the location, size, shape, and number of driveways, entrances, parking spaces, parking areas, loading and other common areas within unloading areas, ingress, egress, direction of traffic, landscaped areas, and walkways, provided, however, that Landlord shall use its best efforts to avoid any impact upon Tenant’s use of the exterior Project;
(iv) upon five (5) days notice to Tenant, eliminate from or add to the Project any land or improvement provided, however, that Landlord shall use its best efforts to avoid any impact upon Tenant’s use of the Project;
(v) upon five (5) days notice to Tenant, designate additional property outside the boundaries of the land and Building Project to be a part of which the Premises are a part. The term “Common Area(s)” shall mean all Areas;
(vi) remove unauthorized persons from the portions Project;
(vii) upon five (5) days notice to Tenant, change the name or address of the Building which are not specifically leased or specifically available for lease the Project;
(viii) upon five (5) days notice to tenants and which have at Tenant, use or allow 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 Areas while engaged in maintenance, repairs, construction, or other alterations to the exclusive control Project; and
(ix) perform any other acts and management of Landlord make other changes or such other persons or nominees alterations in the Common Areas and the Project as Landlord may have delegated deem reasonably appropriate, upon notice to Tenant within a reasonable time prior to taking such action or assigned to exercise making 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 of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premiseschanges.
Appears in 2 contracts
Common Areas. Subject The use and occupation by Tenant of the Premises shall include the use in common with others entitled thereto of the common areas, parking areas, service roads, loading facilities, sidewalks, and other facilities as may be designated from time to Article 6 time by Landlord, subject, however, to the terms and conditions of this Lease, Landlord agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. All common areas described above 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, and Landlord or such other persons or nominees as shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to all facilities and areas mentioned in this Article. 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 construct, maintain, and operate lighting facilities on all such areas and improvements; to police same; from time to time to change the Common Areaarea, level, location and arrangement of parking areas and other facilities hereinabove referred to; and to restrict parking by tenants, their officers, agents, and employees to employee parking areas. As long as Tenant is not in default under this LeaseIf Landlord ever assigns non-covered parking spaces to other tenants, Tenant shall have will be assigned a fair number of parking spaces at no charge. The number of parking spaces assigned to Tenant will be determined by looking at the non-exclusive right to use in common with other Tenants rentable area of the Building Premises versus the rentable area let by the other tenants. All common areas and facilities included in not within the Building together with such easements for ingress and egress as are necessary for Tenant’s Premises, which Tenant may be permitted to use and occupancy occupy, are to be used and occupied under a revocable license, and if the amount of the Premisessuch areas be diminished, Landlord shall not be subject to liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such diminution of such areas be deemed constructive or actual eviction.
Appears in 2 contracts
Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)
Common Areas. Subject 4.12.1. Tenant shall have and Landlord hereby grants to Article 6 Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall make available be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall 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 provisions hereof, have the sole and exclusive management and control of all Common Areas and management may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas 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 prohibit the safety of the Common Area or the adequacy use of any security system which is or may be instituted for such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with 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 of the Building the common areas Securities and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the PremisesExchange Commission.
Appears in 2 contracts
Sources: Lease Agreement (Build a Bear Workshop Inc), Lease Agreement (Build a Bear Workshop Inc)
Common Areas. Subject The term “Common Area” is defined for all purposes of this Lease as that part of the Project intended 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 Article 6 time, as well as any space in the Building, it being acknowledged that as the Premises consists of the entire Building, there are no Common Areas in the 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 roof of the Building is not literally part of the Common Area, it will be deemed to be so included for purposes of: (x) Landlord’s ability to prescribe rules and regulations regarding same; and (y) its inclusion for purposes of Common Area Maintenance reimbursements. Landlord reserves the right to change from time to time the dimensions and location of 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 Premises and the parking facilities is not materially adversely affected thereby. Tenant, and its employees and customers, and when duly authorized pursuant to the provisions of this Lease, Landlord its subtenants, licensees and concessionaires, 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 use the parking spaces serving the Building as constituted from time to time, such use to be in any manner 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 rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord’s ability to establish rules and regulations governing all aspects of 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 of the Building the common areas and facilities included in the Building together with such easements for ingress and egress agrees as are necessary for Tenant’s use and occupancy of the Premises.follows:
Appears in 2 contracts
Sources: Sublease (Corcept Therapeutics Inc), Lease Agreement (Zuora Inc)
Common Areas. Subject to Article 6 of this Lease(a) During the Term, Landlord shall make available at all times during the term of this Leasehereby grants to Tenant a non-exclusive, such automobile parking irrevocable right 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 license 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 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 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 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 AreaAreas and Employee Common Areas. As long Tenant shall have no dominion or control over the Common Areas or the Employee Common Areas. Prime Landlord shall have the right to make reasonable alterations, expansions, contractions, relocations and other adjustments to the Common Areas and Employee Common Areas from time to time as Prime Landlord deems reasonable or appropriate, and no alteration or diminution thereof shall be deemed a constructive or actual eviction of Tenant is or entitle Tenant to compensation or a reduction or abatement of Rent. In exercising control over and managing the Common Areas and Employee Common Areas, Prime Landlord shall act reasonably and in a manner that does not unreasonably interfere with or have a material adverse impact upon Tenant’s use of the Common Areas or Employee Common Areas.
(b) During the Term, Landlord hereby reserves and Tenant hereby grants to Prime Landlord, Landlord, and their Permitted Users an irrevocable, non-exclusive right and license to use the Casino Public Common Areas in default under common with Tenant and Tenant’s Permitted Users. Notwithstanding any other provision of this Lease, Tenant shall have not interfere in any manner whatsoever with ingress to and egress from the non-exclusive right to use in common with other Tenants various interior and exterior parts of the Building Resort through the common areas Casino Public Common Areas by Prime Landlord, Landlord or any of their Permitted Users. Further, in exercising control over the Casino Public Common Areas, Tenant shall act reasonably and facilities included in the Building together a manner that does not unreasonably interfere with such easements for ingress and egress as are necessary for Tenantor have a material adverse effect upon Prime Landlord’s or Landlord’s use and occupancy of the PremisesCasino Public Common Areas.
Appears in 1 contract
Common Areas. Subject The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex and interior utility raceways within the Premises that are provided and designated by the Landlord from time to Article 6 time for the general non-exclusive use of this LeaseLandlord, Tenant and other tenants of the Building Complex and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Landlord shall make available at all times hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the term of this LeaseLease the non-exclusive right to use, in common with others entitled to such automobile parking use, the Common Areas as they exist from time to time, subject to any rights, powers, and other common areas within privileges reserved by Landlord under the exterior boundaries terms hereof or under the terms of any rules and regulations or restrictions governing the land and Building of which the Premises are a part. The term “Common Area(s)” shall mean all the portions use of the Building which are not specifically leased or specifically available for lease Complex. Under no circumstances shall the right therein granted to tenants and which have at use 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 Common Areas be deemed to limit include the definition right to store any property, temporarily or permanently, in the Common Areas. Any such storage shall be permitted only by the prior written consent of “Common Area”): the land and facilities utilized as parking areas; access and perimeter roads; truck passageways (Landlord or Landlord’s designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, then Landlord shall have the right, without notice, in whole or in part subsurface); arcades; landscaped areas; exterior walks; stairways; stairs; directory equipment; ramps; drinking fountains; toilets addition to such other rights and other public facilities; remedies that it may have, to remove the property and bus stations and taxi stands; but excluding any portion thereof when designated by Landlord for a noncommon usecharge the cost of such removal to Tenant, provided any portion of the Building which was not included within the Common Area cost shall be so included when so designated and improved for common useimmediately payable upon demand by Landlord. All of the Common Area Landlord or such other person(s) as Landlord may appoint shall be subject to have the exclusive control and management of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Landlord or such other persons or nominees as Landlord may shall have delegated or assigned to exercise such management or control, in whole or in partthe right, in Landlord’s place sole discretion, from time to time: (i) to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways and utility raceways; (ii) to close temporarily any of the Common Area or the adequacy of any security system which is or may be instituted Areas for the Common Area. In no event shall Tenant have the right to sell or solicit in any manner in the Common Area. As maintenance purposes so long as Tenant is not in default under this Lease, Tenant shall have reasonable access to the non-exclusive right Premises remains available; (iii) to use in common with designate other Tenants land outside the boundaries of the Building Complex to be a part of the common areas Common Areas; (iv) to add additional building and facilities included improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building Complex, or any portion thereof; and (vi) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Building Complex as Landlord may, in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy exercise of the Premisessound business judgment deem to be appropriate.
Appears in 1 contract
Sources: Industrial Multi Tenant Lease (Ironclad Performance Wear Corp)
Common Areas. (a) Subject to Article 6 the provisions of this LeaseSections 6.8 and 6.9, Landlord Lessee shall make available at have the nonexclusive, shared right to the reasonable use of 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 Areas as described on Exhibit 6.10 attached for the benefit of more than one tenant or concessionaire of the Buildingpurposes intended, including any of the following (the specific recitation of which use 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 compliance with all Applicable Laws and other public facilities; Other Requirements 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 terms of this Land Lease and to the Rules and Regulations. Lessee shall not interfere with the rights of any or all of Lessor, Lessor’s Agents, other lessees or licensees, or any other person entitled to use the Common Areas, including any excessive use thereof by Lessee or Lessee’s Agents.
(b) Lessor shall at all times have 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 AreaAreas. 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 Lessor shall have the non-exclusive right, exercisable in its sole and absolute discretion and without the same constituting an actual or constructive eviction and without entitling Lessee to any abatement of Rent or other right to use in common with other Tenants or remedy, so long as none of the Building following prevents or unreasonably restricts Lessee from operating the common areas and facilities included Lessee Business on the Leased Premises, to: (i) close any part of the Common Areas to whatever extent required in the Building together opinion of Lessor to prevent a dedication thereof or the accrual of any prescriptive rights therein or to permit the holding of events or permit the temporary use thereof for charitable or commercial purposes; (ii) temporarily close the Common Areas to perform repairs or maintenance or for any other reason deemed sufficient by Lessor; (iii) change the shape, size, location and extent or hours of operation of the Common Areas; (iv) eliminate from or add to the Property any land or improvement; (v) make changes to the Common Areas (except for the location of Access Roads which is governed by Section 6.9), including, without limitation, changes in the location of Site Amenities, entrances, passageways, doors and doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, sidewalks or the direction of the flow of traffic and the site of the Common Areas; (vi) remove unauthorized persons from the Common Areas, the Leased Premises and the Property; and/or (vii) change the name or address of the Property. Lessee shall keep the Common Areas clear of all obstructions, debris or rubbish created or permitted by Lessee. If, in the reasonable opinion of Lessor, unauthorized persons are using any of the Common Areas by reason of the presence of Lessee at the Property, Lessee, upon demand of Lessor, shall restrain such unauthorized use by appropriate proceedings. In exercising any such rights regarding the Common Areas, Lessor shall make a reasonable effort to minimize any disruption to the Lessee Business.
(c) The easements, licenses and rights of use granted to Lessee pursuant to Sections 6.7, 6.8, 6.9 and this Section 6.10 and otherwise pursuant to this Land Lease (collectively, “Licenses”) shall expire and completely and automatically terminate (without any further action or instrument) upon the expiration or sooner termination of the Term. In Lessee’s use of the Licenses, Lessee shall cooperate with such easements for ingress Lessor to create as little interference as practicable with Lessor’s operations on, and egress as are necessary for TenantLessor’s use and occupancy enjoyment of, the Property. Lessee shall not cause or permit any damage or injury to occur to the portion of the PremisesProperty that is subject to the Licenses, or any part thereof or person or property located thereon. Lessee shall be solely responsible for any damage caused by Lessee (or any officer, director or employee, agent, licensee or invitee thereof) to any of the Common Areas and, upon Lessor’s request, shall promptly repair any such damage or promptly pay the cost of such repair to Lessor, as elected by Lessor.
Appears in 1 contract
Common Areas. Subject Tenant and its employees, agents, invitees and licensees are also granted the right, in common with others, to Article 6 the non-exclusive use 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 areas as 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 from time 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 as “Common Areas” within the Common Area shall be so included when so designated and improved for common use. All of the Common Area shall be Shopping Center, subject to the exclusive control and management thereof at all times by Landlord and the exclusive rights of Landlord or certain tenants and/or other occupants of the Shopping Center in and to portions of such other persons or nominees as Landlord may have delegated or assigned to exercise such management or controlareas. The Common Areas shall include the facilities in the Shopping Center which are designated for the general use, in whole common, of the occupants of the Shopping Center, and to the extent the same are provided, the parking areas, sidewalks, roadways, loading platforms, restrooms, ramps, maintenance and mechanical areas, management offices, promotion offices, and landscaped areas. Landlord will operate and maintain or will cause to be operated and maintained the Common Areas in parta manner deemed by Landlord to be reasonable and appropriate and in the best interests of the Shipping Center. Landlord will have the right (i) establish, in Landlord’s place modify and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning enforce reasonable rules and regulations with respect to the safety Common Areas; (ii) enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of the Common Area Areas and any portions thereof; (iii) close any or all portions of the Common Areas to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the adequacy accrual of any security system which is rights by an person or may be instituted for by the public therein; (iv) close temporarily and or all portions of the Common Area. In no event shall Tenant have Areas; (v) change the right to sell or solicit number and location of buildings, building dimensions, number of floors in any manner of the buildings, store dimensions, driveways, Common Areas, the identity and type of other stores and tenants, provided only that the size of the Premises (as herein defined), reasonable access to the Premises and the parking facilities to be provided shall not be materially impaired, and (vi) do and perform such other acts in and to the Common Areas and improvements therein as, in the Common Area. As long as Tenant is not in default under this Leaseexercise of good business judgment, Tenant Landlord shall have the non-exclusive right determine to use in common with other Tenants of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesbe advisable.
Appears in 1 contract
Sources: Lease Agreement (Dgse Companies Inc)
Common Areas. Subject to Article 6 of this LeaseTenant, Landlord shall make available at all times during the term of this Lease, such automobile parking its employees 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 invitees shall have the non-exclusive right to use the Common Areas as constituted for general use of occupants of the Building from time to time (except for mechanical rooms, janitorial closets and other areas intended for systems maintenance and not for access by tenants or the general public), such use to be in common with Landlord, other Tenants tenants of the Building Project and other persons and subject to the common areas Rules and facilities included Regulations set forth in Exhibit D attached hereto and by this reference made a part hereof, as such Rules and Regulations may be amended from time to time provided such amendments are nondiscriminatory in nature. Subject to the limitations set forth in the Building together with next sentence, Landlord reserves the right from time to time to undertake any or all of the activities described below, provided such easements for ingress and egress as are necessary for reservation of rights shall not: (i) materially affect Tenant’s use or enjoyment of or access to the Premises, the Parking Area or Tenant’s other rights under this Lease, or increase the amount of Rentable Area in the Premises; (ii) increase Tenant’s Rent; or (iii) reduce the number of Tenant’s parking privileges set forth herein (but the Landlord may grant reserved parking spaces to one or more tenants). In connection therewith, Landlord reserves the following rights: to add to, or subtract from, or change from time to time, the dimensions and occupancy location of the PremisesCommon Areas, it being understood that Landlord may, at its option, add areas to or remove areas from the Common Areas; to create any additional improvements in the Common Areas or to alter or remove any improvements in the Common Areas; to convert areas previously designated by Landlord as part of the Common Areas to an area leased to one or more tenants or to designate previously leased space other than the Premises as part of the Common Areas provided equitable adjustments are made to the Rentable Area in the Building; to make alterations or additions to the Building and to any other buildings or improvements within the Project; to operate and/or maintain such Common Areas in conjunction with other parties; to construct, or permit others to construct, other buildings or improvements within the Project; and permit special use of the Common Areas, including temporary exclusive use for special occasions. Landlord is not obligated to construct or provide for Tenant any improvements outside the Building except as otherwise expressly provided in this Lease.
Appears in 1 contract
Sources: Lease Agreement (Chelsea Therapeutics International, Ltd.)
Common Areas. Subject The term "COMMON AREA" is defined for all purposes of this Lease as that part of the Project intended for the common use of all tenants, including among other facilities, the ground floor lobby, elevator lobbies and hallways on multi-tenant floors, parking areas, private streets and alleys, landscaping, curbs, loading areas, sidewalks, malls and promenades (enclosed or otherwise), lighting facilities, drinking fountains, meeting rooms, public toilets, the parking garage, 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 Article 6 time; (ii) streets and alleys maintained by a public authority; (iii) areas within the Project which may from time to time not be owned by Landlord (unless subject to a cross-access agreement benefiting the area which includes the Premises); and (iv) areas leased to a single-purpose user where access is restricted. In addition, although the roof(s) of the building(s) in the Project is not literally part of the Common Area, it will be deemed to be so included for purposes of: (i) Landlord's ability to prescribe rules and regulations regarding same; and (ii) its inclusion for purposes of Operating Costs reimbursements. Landlord reserves the right to change from time to time the dimensions and location of the Common Area, as well as the dimensions, identities, locations and types of any buildings, signs or other improvements in the Project. For example, and without limiting the generality of the immediately preceding sentence, Landlord may from time to time substitute for any parking area other areas reasonably accessible to the tenants of the Building, as applicable, which areas may be elevated, surface or underground. Tenant, and its employees and customers, and when duly authorized pursuant to the provisions of this Lease, Landlord shall make available at all times during the term of this Leaseits subtenants, such automobile parking licensees 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 Buildingconcessionaires, 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 the Common Area (excluding roof(s)) as constituted from time to time, such use to be in common with Landlord, other Tenants tenants in the Building, and other persons permitted by the Landlord to use the same, and subject to rights of governmental authorities, easements, other restrictions of record, and such reasonable rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord's ability to establish rules and regulations governing all aspects of the Building the common areas and facilities included in the Building together with such easements for ingress and egress Common Area, Tenant agrees as are necessary for Tenant’s use and occupancy of the Premises.follows:
Appears in 1 contract
Sources: Office Lease Agreement (Zix Corp)
Common Areas. 8.1. Subject to Article 6 of Landlord’s rights in this LeaseSection VIII during the Term, Landlord shall make available at all times during from time to time in the term of this Lease, Shopping Center such automobile parking and other common areas within the exterior boundaries of the land and Building of which the Premises are a partCommon Areas as Landlord shall deem appropriate. The term “Common Area(s)Areas” shall mean all areas and improvements now or hereafter existing, made available by Landlord for the portions common and joint use of Landlord, Tenant and other tenants and occupants of the Building Shopping Center, and their respective employees, agents, customers and invitees, 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 Buildingmay include if provided, including any of the following (the specific recitation of which but shall not be deemed limited to limit driveways, footways, parking areas, walkways and all other areas in the definition Shopping Center now or hereafter constructed to be used in common by the tenants and/or customers of “the Shopping Center. All Common Area”): Areas shall at all times be subject to such rules and regulations as Landlord may from time to time prescribe and Landlord shall at all times have full and exclusive control, management and direction of said Common Areas. Landlord further shall have the land right (but shall not be obligated) (a) to police the Common Areas; (b) to restrict parking by tenants, their officers, agents and facilities utilized as employees; (c) to designate employee parking areas; access (d) to establish and perimeter roadsenforce parking charges, with appropriate provisions for free-parking ticket validation by tenants; truck passageways (which may be in whole e) to close temporarily all 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 Common Areas or any parts thereof, including the parking areas or facilities for the purpose of maintenance, repairs, and/or construction; (f) to discourage non-customer parking; and (g) to do and perform such other acts in and to such areas as Landlord, in the use of its business judgment, shall determine to be advisable. Landlord further shall have the right, without materially, adversely affecting access to or the use or accessibility of the Premises or without materially, adversely affecting the character of the Shopping Center as such exists on the Lease Commencement Date, in its sole discretion, at all times, and from time to time throughout the Term, without incurring any liability to Tenant, including but not included within limited to loss of sales, and without it constituting an eviction to: (i) change the area, appearance, size, level, layout, location, and/or arrangement of the Shopping Center or any part thereof (including, without limitation, the Common Area shall be so included when so designated Areas and improved for common use. All of the entrances to and exits from the Common Area shall be subject Areas); (ii) construct other buildings, structures or improvements in the Common Areas and elsewhere in the Shopping Center (including, without limitation, construction of kiosks in the Common Areas), and make alterations and additions thereto, or rearrangements thereof, demolish parts thereof, build additional stories on any building in the Shopping Center (and for such purposes to construct and erect columns and support facilities in any building), and construct additional buildings or facilities adjoining or proximate to the exclusive control and management of Landlord Shopping Center; (iii) expand, reduce, 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 alter 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 parking areas in any manner whatsoever including, without limitation, the construction of multiple-deck, elevated, or underground parking facilities; (iv) relocate or rearrange the various buildings, parking areas, and other parts of the Shopping Center; (v) make changes and additions to the pipes, conduits, and ducts or other structural and nonstructural installations in the Premises where desirable to serve the Common Area. As long as Tenant is not Areas and other premises in default under this Lease, Tenant shall have the non-exclusive right Shopping Center or to use in common with other Tenants facilitate the expansion or alteration of the Building Shopping Center (including, without limitation, the common areas construction and facilities included in erection of columns and support facilities); and (vi) add additional real property to the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the PremisesShopping Center.
Appears in 1 contract
Common Areas. Subject to Article 6 of (a) As used in this Lease, the term "Common Areas" shall mean those ------------ portions of, and facilities within, the Shopping Center which are intended for the common non-exclusive use of the occupants, their customers, agents and employees including, without limitation, parking areas, driveways, malls, walkways, loading zones and landscaping. Prior to the Commencement Date, Landlord shall make available at all times during construct the term of this Lease, such automobile parking and other common areas within the exterior boundaries Common Areas of the land and Building of Shopping Center substantially as shown on Exhibit A attached hereto, subject to such modifications as are --------- desired by Landlord, provided that Tenant's prior written approval thereof is obtained, 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 approval shall not be deemed to limit the definition unreasonably withheld, conditioned or delayed.
(b) Tenant, as well as its agents, employees and customers (collectively, "Customers"), shall have and are granted complete, nonexclusive ---------- and undisturbed access to, and use of “all 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 useAreas. All Tenant's use of the Common Area Areas shall be subject to such reasonable, non-discriminatory rules and regulations as may be promulgated and thereafter amended and supplemented by Landlord from time to time as Landlord deems necessary or advisable for proper and efficient use, operation and maintenance of the Common Areas, provided that all such rules and regulations shall be subject to the exclusive control prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed and management in no event shall such rules and regulations increase the monetary obligations owing from Tenant to Landlord under this Lease. Except as may be required by Law, in no event shall there ever be a charge for use of the parking facilities within the Center. If any such charge is required by applicable Law, Landlord or shall establish systems of validation to enable Tenant to provide parking without charge for its customers using such other persons or nominees as parking facilities for a reasonable period not less than three (3) hours. Landlord may have delegated from time to time establish, as a part of the rules subject to the Tenant's approval as set forth in the initial sentence of this Section, such employee parking systems (which shall be free of any charge to Tenant or assigned to exercise its employees, unless such management or controla charge is required by applicable Law, in whole which event such charge shall be borne by Landlord) as are not unreasonably burdensome to the operation of Tenant's business, and provide sufficient means of transportation and security for access to and use of such employee parking. Without limiting the generality of the foregoing, Tenant shall use commercially reasonable efforts to cause its employees to park within the employee parking areas designated by Landlord to the north, northeast and west of the Premises but not within the portion of the Shopping Center which is both (x) south of the Premises and (y) east of main drive aisle into the Shopping Center from Foothill Boulevard (between Pad building "A" and "C" as shown on Exhibit A). Landlord shall use reasonable --------- efforts to prevent use of the Common Areas by other than Shopping Center occupants and their Customers. Landlord shall cause the Common Areas to be maintained and operated in a first-class, professional manner and condition as is customary and appropriate for the operation of first-class retail centers comparable to the Shopping Center in the vicinity of the Shopping Center. So long as access, parking and other essential services are reasonably available so as to avoid any adverse affect upon the operation of Tenant's business from the Premises, Landlord may at any time (i) close any of the Common Areas to make repairs or in partchanges or to such extent as may, in Landlord’s place and stead. Tenant acknowledges that Landlord makes no representation 's reasonable opinion, be necessary to prevent dedication thereof or warranty whatsoever concerning the safety accrual of rights to any person or to the public therein, (ii) close temporarily any or all of the Common Area or the adequacy of any security system which is or may be instituted for Areas to discourage non-customer parking, and (iii) perform such other acts in and to the Common AreaAreas as, in Landlord's good business judgment, are advisable to improve the use thereof by occupants and tenants, their employees and invitees, so long as the same is effected in a manner to minimize interference with the operation of business of the occupants of the Shopping Center including, without limitation, Tenant. Landlord shall maintain the Common Areas well lighted during Tenant's normal business hours and until 11:00 P.M. every day (and until midnight during the month of December).
(c) Subject to the provisions of this Section 9(c), Landlord may from ------------ time to time add land to or eliminate land from the Shopping Center, or eliminate or add any improvements, or change or consent to a change in the shape, size, location, number, height or extent of the improvements to any portion of the Shopping Center; provided, however, that Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, shall be required for any such change which would have an adverse affect upon Tenant's use or occupancy of or operation from the Premises, parking areas serving the Premises, the visibility of the Premises and/or Tenant's exterior signage from the Common Areas exterior to the Premises and/or public rights-of-way adjacent thereto, or pedestrian or vehicular access to the Premises from the Common Areas and/or public rights-of-way adjacent thereto. Landlord shall not change the dimensions or location of the Premises. In no event shall Tenant have the right to sell or solicit in any manner in kiosks be located within 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 of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the PremisesAreas.
Appears in 1 contract
Sources: Lease (Sport Chalet Inc)
Common Areas. Subject to Article 6 of this LeaseTenant, Landlord shall make available at all times during the term of this Lease, such automobile parking its employees 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 invitees shall have the non-exclusive right to use the Common Areas as constituted for general use of the occupants of the Building from time to time (except for mechanical rooms and janitorial closets), such use to be in common with Landlord, other Tenants tenants of the Building Complex and other persons and subject to the common Rules and Regulations set forth in Exhibit D attached hereto and by this reference made a part hereof, as such Rules and Regulations may be amended from time to time provided such amendments are nondiscriminatory in nature. Subject to the limitations set forth in the next sentence, Landlord reserves the right from time to time to undertake any or all of the activities described below, provided such reservation of rights shall not: (i) materially affect Tenant's use or enjoyment of or access to the Premises, the Parking Garage or Tenant's other rights under this Lease, or increase or materially decrease the amount of Rentable Area in the Premises; (ii) increase Tenant's Rent; or (iii) reduce the number of Tenant's parking privileges set forth herein. In connection therewith, Landlord reserves the following rights: to add to, or subtract from, or change from time to time, the dimensions and location of the Common Areas, it being understood that Landlord may, at its option, add any areas and facilities included located within the Block to the Common Areas; to create any additional improvements in the Common Areas or to alter or remove any improvements in the Common Areas; to convert areas previously designated by Landlord as part of the Common Areas to an area leased to one or more tenants or to designate previously leased space as part of the Common Areas provided equitable adjustments are made to the Rentable Area in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Rentable Area in the Premises; to make alterations or additions to the Building and to any other buildings or improvements within the Building Complex; to operate and/or maintain such Common Areas in conjunction with other parties; and to construct, or permit others to construct, other buildings or improvements within the Building Complex. Landlord is not obligated to construct or provide for Tenant any improvements outside the Building except as expressly provided in this Lease.
Appears in 1 contract
Sources: Lease Agreement (Exult Inc)
Common Areas. Subject to Article 6 of (a) As used in this Lease, the term "Common Areas" shall mean those ------------ portions of, and facilities within, the Shopping Center which are intended for the common non-exclusive use of the occupants, their customers, agents and employees including, without limitation, parking areas, driveways, malls, walkways, loading zones and landscaping. Prior to the Commencement Date, Landlord shall make available at all times during construct the term of this Lease, such automobile parking and other common areas within the exterior boundaries Common Areas of the land and Building of Shopping Center substantially as shown on Exhibit A attached hereto, subject to such modifications as are --------- desired by Landlord, provided that Tenant's prior written approval thereof is obtained, 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 approval shall not be deemed to limit the definition unreasonably withheld, conditioned or delayed.
(b) Tenant, as well as its agents, employees and customers (collectively, "Customers"), shall have and are granted complete, nonexclusive --------- and undisturbed access to, and use of “all 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 useAreas. All Tenant's use of the Common Area Areas shall be subject to such reasonable, non-discriminatory rules and regulations as may be promulgated and thereafter amended and supplemented by Landlord from time to time as Landlord deems necessary or advisable for proper and efficient use, operation and maintenance of the Common Areas, provided that all such rules and regulations shall be subject to the exclusive control prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed and management in no event shall such rules and regulations increase the monetary obligations owing from Tenant to Landlord under this Lease. Except as may be required by Law, in no event shall there ever be a charge for use of the parking facilities within the Center. If any such charge is required by applicable Law, Landlord or shall establish systems of validation to enable Tenant to provide parking without charge for its customers using such other persons or nominees as parking facilities for a reasonable period not less than three (3) hours. Landlord may have delegated from time to time establish, as a part of the rules subject to the Tenant's approval as set forth in the initial sentence of this Section, such employee parking systems (which shall be free of any charge to Tenant or assigned to exercise its employees, unless such management or controla charge is required by applicable Law, in whole which event such charge shall be borne by Landlord) as are not unreasonably burdensome to the operation of Tenant's business, and provide sufficient means of transportation and security for access to and use of such employee parking. Without limiting the generality of the foregoing, Tenant shall use commercially reasonable efforts to cause its employees to park within the employee parking areas designated by Landlord to the north, northeast and west of the Premises but not within the portion of the Shopping Center which is both (x) south of the Premises and (y) east of main drive aisle into the Shopping Center from Foothill Boulevard (between Pad building "A" and "C" as shown on Exhibit A). Landlord shall use reasonable ---------- efforts to prevent use of the Common Areas by other than Shopping Center occupants and their Customers. Landlord shall cause the Common Areas to be maintained and operated in a first-class, professional manner and condition as is customary and appropriate for the operation of first-class retail centers comparable to the Shopping Center in the vicinity of the Shopping Center. So long as access, parking and other essential services are reasonably available so as to avoid any adverse affect upon the operation of Tenant's business from the Premises, Landlord may at any time (i) close any of the Common Areas to make repairs or in partchanges or to such extent as may, in Landlord’s place and stead. Tenant acknowledges that Landlord makes no representation 's reasonable opinion, be necessary to prevent dedication thereof or warranty whatsoever concerning the safety accrual of rights to any person or to the public therein, (ii) close temporarily any or all of the Common Area or the adequacy of any security system which is or may be instituted for Areas to discourage non-customer parking, and (iii) perform such other acts in and to the Common AreaAreas as, in Landlord's good business judgment, are advisable to improve the use thereof by occupants and tenants, their employees and invitees, so long as the same is effected in a manner to minimize interference with the operation of business of the occupants of the Shopping Center including, without limitation, Tenant. In no event Landlord shall Tenant have maintain the right Common Areas well lighted during Tenant's normal business hours and until 11:00 P.M. every day.
(c) Subject to sell the provisions of this Section 9(c), Landlord may from ------------ time to time add land to or solicit in eliminate land from the Shopping Center, or eliminate or add any manner improvements, or change or consent to a change in the Common Area. As long as Tenant is not in default under this Leaseshape, Tenant shall have the non-exclusive right to use in common with other Tenants size, location, number, height or extent of the Building improvements to any portion of the common Shopping Center; provided, however, that Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, shall be required for any such change which would have an adverse affect upon Tenant's use or occupancy of or operation from the Premises, parking areas and facilities included in serving the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy Premises, or pedestrian or vehicular access to the Premises from the Common Areas and/or public rights-of-way adjacent thereto. Landlord shall not change the dimensions or location of the Premises.
Appears in 1 contract
Sources: Lease (Sport Chalet Inc)
Common Areas. Subject to Article 6 of this Lease, 16.1 Landlord shall make available at all times during the term of this Lease, such automobile parking within 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 outside of the Building which such Common Areas as are described in Exhibit B. Common Areas means, but is 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 Buildinglimited to, 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; , driveways, service courts, access and perimeter egress roads; truck passageways (which may be , sidewalks, opened and enclosed courts, landscaped and planted areas, fire corridors, meeting areas and public restrooms. Landlord shall operate, manage, equip, light, repair and maintain the Common Areas for their intended purposes in whole such manner as Landlord shall in its sole discretion, from time to time, determine, and may, from time to time, change the size, location, elevation, nature and/or use of any buildings, structures, booths therein or in part subsurface); arcades; landscaped areas; exterior walks; stairways; stairs; directory equipment; ramps; drinking fountains; toilets thereon and other public facilities; and bus stations and taxi stands; but excluding any portion thereof when designated by Landlord for a noncommon usemove or remove the same, provided any portion of the Building which was not included or to construct additional structures within the Common Area shall be so included when so designated Areas.
16.2 Tenant, its officers, (if any), employees, customers 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 invitees shall have the non-exclusive right to use in common with other Tenants Landlord and all others to whom Landlord has or may hereafter grant rights, to use the Common Areas, subject to such rules and regulations as Landlord may impose, from time to time. Landlord may, at any time and from time to time, close any Common Area to make repairs or changes or to prevent the acquisition of public rights in such area or to discourage unauthorized parking.
16.3 Tenant agrees to pay to Landlord its proportionate share of all costs and expenses (the "CAM Charge") incurred by Landlord in each Lease Year for (i) the Common Areas, (ii) the roofs of the Building the common Building, and (iii) all other areas and facilities included adjoining or used in connection with the Building together with such easements which include, but are not limited to, operating, equipping, policing and protecting, providing sanitation, sewers, trash removal, pest control, repair, maintenance and replacement of sidewalks, signs, displays, directories, landscaping, vegetation, pavement, parking lot, driveways, entrance ways and lighting fixtures, cleaning, painting, striping, security control and fire protection, premiums for ingress insurance for property damage, liability and egress as are necessary for Tenant’s use casualty insurance, full compensation and occupancy benefits of personnel used to perform services. The initial monthly payment shall be adjusted effective on the first day of the Premisesfirst month of the second Lease Year and on the first day of the first month of each Lease Year thereafter in accordance with the CPI Increase Formula.
Appears in 1 contract
Sources: Lease Agreement (Stoneridge Inc)
Common Areas. Subject 5.1 The Landlord covenants and agrees to Article 6 maintain and provide servicing of this LeaseCommon Areas including lighting, security, refuse removal, snow removal and cleaning as would a landlord acting reasonably having regard to the nature of the Project and the objectives of the Environmental Management Plan.
5.2 The Landlord shall make available shall, at all times during the term of this Leasetimes, 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 controlthe Project, in whole or in partand, in Landlord’s place and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning without limiting the safety generality of the Common Area or foregoing, such control shall apply to signs, the adequacy use of any security system which is or may be instituted for show windows and the Common Areause made by the Tenant and the public of the parking areas of the Project. In no event The Landlord shall Tenant have the right to sell use any part of the Common Areas, from time to time, for merchandising, display, decorations, entertainment and structures designed for retail selling (including kiosks) or solicit special features or promotional activities and the Landlord shall be entitled to receive and retain all revenue in respect thereof, subject to the provisions hereof.
5.3 The Landlord hereby grants to the Tenant, its employees, invitees and licensees, in common with all others entitled thereto, a licence during the subsisting Term and any renewal or extension thereof for the purposes of reasonable ingress to and egress from the Premises with or without vehicles over that portion of the Lands as the Landlord may from time to time designate, provided, however, that reasonable pedestrian access shall be available to the Premises. The Landlord shall have the right to alter the location and size of the areas which are subject to this licence and rights, provided that reasonable access is provided by the Landlord for the purposes aforesaid.
5.4 The Tenant acknowledges and agrees that the Landlord has the right to regulate and restrict the parking of motor vehicles in the Project and the Tenant covenants that it will, and will cause its employees to, observe all reasonable regulations and restrictions made by the Landlord from time to time with respect to parking on those portions of the Common Areas provided for that purpose and the Tenant shall notify its employees of the Landlord’s parking regulations and restrictions. The Tenant shall supply the automobile license plate numbers of its employees to the Landlord upon request. The Landlord reserves the right to:
(a) remove any automobile which, in the reasonable opinion of the Landlord, is infringing regulations made by the Landlord with respect to parking without notice and notwithstanding any bylaws or regulations of any governmental authority concerning removal and towing of motor vehicles; such removal with respect to any automobiles owned by the Tenant or its agents, customers, employees or invitees shall be at the sole risk and expense of the Tenant; and
(b) impose charges for the use of the parking areas or other parking facilities, such rates to be determined by the Landlord having regard to parking facilities provided, and the Landlord shall have the right to retain for itself all revenue received by the Landlord for the use of parking areas or parking facilities without any credit to the Tenant or any other tenants of the Project.
5.5 The Tenant shall not keep or display any merchandise on or otherwise obstruct the parking areas, sidewalks, any other part of the Common Areas or any part of any other tenant’s premises.
5.6 The Tenant acknowledges that it is the intention of the Landlord to develop, construct, maintain, continue to modernise and update the Project, including without limitation, the implementation of the objectives of the Environmental Management Plan as determined by the Landlord, and if necessary, in the sole opinion of the Landlord, to expand the Project from time to time as economic and market conditions permit and, in furtherance of all or any of these intentions, it is understood and agreed that subject to Article 5.7, the Landlord shall have the right at all times and from time to time throughout the Term to:
(a) change the area, size, level, location and/or arrangement of the Project or any part thereof (other than the Premises) including the Common Areas;
(b) construct other buildings, structures or improvements in the Project and make alterations thereof, additions thereto, or re-arrangements thereof, demolish parts thereof, build additional storeys on any building in the Project other than the Building (and, for such purposes, to construct and erect columns and support facilities in any building other than the Building), and construct additional buildings or facilities adjoining or proximate to the Project;
(c) construct multiple deck, elevated or underground parking facilities, and expand, reduce or alter the same in any manner in whatsoever; provided that the Common Area. As long as Tenant is not in default under this Lease, Tenant Landlord shall have the non-exclusive right to use in common with other Tenants of the Building the common areas and facilities included at all times maintain in the Building together a number of normal-sized parking stalls made available to the Tenant at least equal to the Original Parking Stall Amount (as such term is defined in Schedule E, Item 9) as the same may be reduced from time to time;
(d) relocate or rearrange the various buildings, parking areas and other parts of the Project (excluding the Premises) from those existing at the Commencement Day or shown on Schedule A1;
(e) make changes and additions to the pipes, conduits and ducts or other structural and non-structural installations in the Premises where desirable to serve the Common Areas and other premises in the Project or to facilitate expansion or alteration of the Project, (including without limitation the construction and erection of columns and support facilities) but the Landlord shall not unreasonably interfere with such easements for ingress and egress as are necessary for Tenant’s the use and occupancy enjoyment of the PremisesPremises beyond the extent necessarily incidental to such changes, additions and installations, and the Landlord shall make good any damage to the Premises arising in the course of such changes and additions;
(f) add additional lands to the Project;
(g) temporarily obstruct or close off the Common Areas or any parts thereof for the purpose of maintenance, repair or construction; and
(h) have access for itself and all workers, agents, contractors and licensees at all reasonable times for the purpose of carrying out the activities set forth in this Article 5.
Appears in 1 contract
Sources: Lease (Zymeworks Inc.)
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 So long as Tenant is not leasing all of the space in default under this Leasethe Building, Tenant shall have the non-exclusive right to use the entire Premises, subject to the provisions of this Lease and subject to the rights of access of Landlord under this Lease. If, however, Tenant exercises any of its “give back rights” under this Lease, then Landlord shall have the right to reasonably designate “Common Areas”, which shall mean all areas, space, facilities, equipment and signs made available by Landlord in the Building or on the Property for the common and joint use and benefit of Tenant and other tenants and permittees of Landlord, and their respective employees, agents, subtenants, concessionaires, licensees, customers, and other invitees, and may include the sidewalks, parking areas, driveways, yard area, landscaped areas, lobbies, restrooms, stairs, ramps, elevators, exits and/or service corridors, to the extent not contained within any area exclusively appropriated for the use of any occupant. If Common Areas are designated by Landlord, then Landlord also reserves the right to impose reasonable rules and regulations relating to use of the Common Areas; to construct, maintain and operate lighting and other facilities, equipment and signs on all of the Common Areas; and to close temporarily all or any portion of the Common Areas for the purpose of making repairs or changes thereto. If Common Areas are designated by Landlord, Tenant is hereby given a license (in common with other Tenants all others to whom Landlord has or may hereafter grant rights) to use, during the Lease Term, the Common Areas as they may now or at any time during the Lease Term exist; provided, however, that if the size, location or arrangement of such Common Areas or the Building the common type of facilities at any time forming a part thereof are changed or diminished, Landlord shall not be subject to any liability therefor, nor shall Tenant be entitled to any compensa-tion or diminution or abatement of Rent therefor, nor shall such change or diminution of such areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesbe deemed a constructive or actual eviction.
Appears in 1 contract
Sources: Office Lease (Express Scripts Inc)
Common Areas. Subject Landlord hereby grants to Article 6 of this LeaseTenant a non-exclusive license to use, in common with all others to whom Landlord shall make available at has or may hereafter grant such license, the Common Areas (as hereinafter defined) located on Landlord's Property. "Common Areas" means the parking areas, roadways, pedestrian sidewalks, delivery areas, landscaped areas and all times during other areas or improvements designated by Landlord, from time to time, for the term of this Lease, such automobile parking and other common areas within the exterior boundaries use of the land tenants or occupants of Landlord's Property. Tenant shall keep the Common Areas free and Building clear of which litter, trash and debris resulting from or attributable to Tenant's operation from the Premises are a part. The term “Common Area(s)” and shall mean all cause its employees to park only in the portions portion of the Building which are not Common Areas 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 useparking. Parking shall not be permitted on Landlord's Property for more than twenty-four (24) consecutive hours or on any public or private street adjacent to Landlord's Property. Tenant shall not obstruct, provided any portion of interfere with or impede the Building which was not included within the Common Area shall be so included when so designated and improved for common use. All use of the Common Area shall be subject Areas. Landlord reserves the right, with respect to the exclusive control Common Areas and management Landlord's Property, to (a) establish rules and regulations for the use thereof; (b) temporarily close all or any portion thereof as Landlord deems necessary to prevent the dedication thereof or the accrual of Landlord any rights to any person or to the public therein; (c) increase, diminish, change or reconfigure the layout of the Common Areas and to rent portions thereof; (d) install, place upon or affix to the roof over the Premises and the exterior walls of the Premises, such equipment, signs, displays, antennas and other persons objects or nominees structures of any kind as Landlord may have delegated or assigned desire; and (e) increase, decrease, reconfigure and/or add to exercise such management or control, in whole or in part, in Landlord’s place and stead's Property. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety of shall maintain the Common Area Areas in good condition and repair and reasonably clear of snow and debris. Nothing herein contained shall be construed as requiring Landlord to remove any debris, ice or snow from 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 of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of sidewalks adjoining the Premises, which shall be the responsibility of Tenant.
Appears in 1 contract
Sources: Lease (U-Store-It Trust)
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)Areas” (as initially constructed or as the same may at any time thereafter be constituted by Landlord) shall mean all areas, space, facilities, equipment and signs made available by Landlord in the portions Building or on the Property for the common and joint use and benefit of Tenant and other tenants and permittees of Landlord, and their respective employees, agents, subtenants, concessionaires, licensees, customers, and other invitees, and may include the sidewalks, parking areas, driveways, yard area, landscaped areas, lobbies, restrooms, stairs, ramps, elevators, exits and/or service corridors, to the extent not contained within any area exclusively appropriated for the use of any occupant. Landlord hereby expressly reserves the right, from time to time, to reasonably determine the nature and extent of the Building which are not specifically leased Common Areas, and to make such changes in the Common Areas and thereto from time to time, including the size and/or shape 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 both of the BuildingCommon Areas and the location and relocation of entrances, including any exits, landscaped areas and all other facilities constituting Common Areas. In addition, Landlord also reserves the right to impose reasonable rules and regulations relating to use of the following (the specific recitation of which shall not be deemed Common Areas; to limit the definition of “Common Area”): the land construct, maintain 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 operate lighting and other public facilities, equipment and signs on all of the Common Areas; and bus stations and taxi stands; but excluding any portion thereof when designated by Landlord for a noncommon use, provided to close temporarily all or any portion of the Building which was not included within Common Areas for the purpose of making repairs or changes thereto. Tenant is hereby given a license (in common with all others to whom Landlord has or may hereafter grant rights) to use, during the Lease Term, as may be extended, the Common Area Areas as they may now or at any time during the Lease Term exist; provided, however, that if the size, location or arrangement of such Common Areas or the type of facilities at any time forming a part of such Common Areas are changed or diminished, Landlord shall be so included when so designated and improved for common use. All of the Common Area shall not be subject to any liability therefor, nor shall Tenant be entitled to any compensation or diminution or abatement of Rent therefor, and subject to the exclusive control last sentence in this section, nor shall such change or diminution of such areas be deemed a constructive or actual eviction. Notwithstanding the foregoing, at no time shall Landlord have any right to a.) reduce in number or relocate off the Property any of the parking spaces allocable to Tenant unless Landlord provides reasonable substitute parking (i.e. comparable location, access and management number of Landlord parking spaces), provided, however, Section 9.E, rather than this paragraph, governs Landlord’s right to provide substitute parking on a temporary basis following a casualty event, and/or b.) disturb or modify or interrupt Tenant’s right to use, maintain, and operate Tenant’s back-up power generator or any antennas then installed by Tenant, provided, however, the parties shall work together to minimize any impact on Tenant if it becomes necessary to affect such other persons equipment in connection with construction or nominees as Landlord may have delegated or assigned to exercise such management or control, in whole maintenance work 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 of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesan emergency.
Appears in 1 contract
Sources: Full Service Lease Agreement (Time Warner Telecom Inc)
Common Areas. Subject Landlord hereby grants to Article 6 of this LeaseTenant a non-exclusive license to use, in common with all others to whom Landlord shall make available at has or may hereafter grant such license, the Common Areas (as hereinafter defined) located on Landlord’s Property. “Common Areas” means the parking areas, roadways, pedestrian sidewalks, delivery areas, landscaped areas and all times during other areas or improvements designated by Landlord, from time to time, for the term of this Lease, such automobile parking and other common areas within the exterior boundaries use of the land tenants or occupants of Landlord’s Property. Tenant shall keep the Common Areas free and Building clear of which litter, trash and debris resulting from or attributable to Tenant’s operation from the Premises are a part. The term “Common Area(s)” and shall mean all cause its employees to park only in the portions portion of the Building which are not Common Areas 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 useparking. Parking shall not be permitted on Landlord’s Property for more than twenty-four (24) consecutive hours or on any public or private street adjacent to Landlord’s Property. Tenant shall not obstruct, provided any portion of interfere with or impede the Building which was not included within the Common Area shall be so included when so designated and improved for common use. All use of the Common Area shall be subject Areas. Landlord reserves the right, with respect to the exclusive control Common Areas and management Landlord’s Property, to (a) establish rules and regulations for the use thereof; (b) temporarily close all or any portion thereof as Landlord deems necessary to prevent the dedication thereof or the accrual of Landlord any rights to any person or to the public therein; (c) increase, diminish, change or reconfigure the layout of the Common Areas and to rent portions thereof; (d) install, place upon or affix to the roof over the Premises and the exterior walls of the Premises, such equipment, signs, displays, antennas and other persons objects or nominees structures of any kind as Landlord may have delegated or assigned desire; and (e) increase, decrease, reconfigure and/or add to exercise such management or control, in whole or in part, in Landlord’s place and steadProperty. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety of shall maintain the Common Area or the adequacy Areas in good condition and repair and reasonably clear 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 of the Building the common areas snow and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesdebris.
Appears in 1 contract
Sources: Lease (U-Store-It Trust)
Common Areas. Subject to Article 6 of this Lease, (a) Landlord shall make available at all times during substantially complete the term of this Lease, Common Areas depicted on Exhibit A as such automobile parking facilities are shown on Exhibit A. Landlord reserves the right to change from time-to-time the dimensions and other common areas within the exterior boundaries location of the land Common Areas, as well as the dimensions, identify and Building type of which any buildings comprising the Premises are a partProject and to construct additional buildings or additional stories on existing buildings or other improvements on the Project. The term “Common Area(s)” shall mean all Landlord also reserves the right to dedicate portions of the Building which are not specifically leased or specifically available for lease to tenants Common Areas 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 other portions of the BuildingProject (excepting only the Premises) for street, 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 park, utility and other public facilities; and bus stations and taxi stands; but excluding any portion thereof when designated by Landlord for a noncommon usepurposes. Provided, provided any portion however, ▇▇▇▇▇▇▇▇ agrees that its exercise of the Building which was rights it has reserved to itself pursuant to this Article 5 shall not included within unreasonably interfere with the Common Area shall be so included when so designated and improved for common use. All operation of the Common Area shall be subject to the exclusive control Tenant’s business.
(b) Tenant, and management of Landlord or such other persons or nominees as Landlord may have delegated or assigned to exercise such management or controlits employees, in whole or in partcustomers, in Landlord’s place subtenants, licensees 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 Leaseconcessionaires, Tenant shall have the non-exclusive right to use the Common Areas as constituted from time to time, such use to be in common with Landlord, other Tenants tenants of the Building Project and other persons entitled to use the common same, and such right shall be subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe. Tenant shall not solicit business or display merchandise within the Common Areas, or distribute handbills therein or take any action which would interfere with the rights of other persons to use the Common Areas. Landlord may temporarily close any part of the Common Areas for such periods of time as may be necessary to make repairs or alterations. In addition, Landlord shall have the right to close all or a portion of such areas and facilities included to such extent as may be necessary, in the Building together opinion of ▇▇▇▇▇▇▇▇’s counsel, to prevent a dedication thereof or the acquisition of any rights therein by any person or by the public, such closing not to unreasonably interfere with the conduct of ▇▇▇▇▇▇’s business. All such easements for ingress rules and egress as are necessary for Tenant’s use regulations shall be applied and occupancy of the Premisesenforced equally among all such users.
Appears in 1 contract
Sources: Lease Agreement
Common Areas. Subject to Article 6 of this Lease(a) During the Term, Landlord shall make available at all times during until the term of this Lease, such automobile parking and other common areas within the exterior boundaries occurrence 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 LeaseMulti‑Tenant Occupancy Date, Tenant shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi‑Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with other Tenants Landlord, and their respective Related Users (including all of the Building same Persons with respect to the common areas Recapture Space and facilities included in Additional Recapture Space), for the Building together with such easements for ingress sole purposes of access, ingress, egress, loading and egress as are necessary for unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use and occupancy of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third‑party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi‑Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and third‑party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Common Areas. Subject Landlord hereby grants to Article 6 Tenant, during the Term of this Lease, Landlord shall make available at the nonexclusive right to use, in common with all times during others so entitled, the term of this Lease, such automobile parking and other common areas within the exterior boundaries Common Areas of the land and Building of which Shopping Center. As used herein, the Premises are a part. The term “Common Area(s)Areas” shall mean and include all areas, facilities and improvements provided from time to time for the portions general, common or joint use on a non-exclusive basis by Landlord and the tenants of the Building which are not specifically leased Shopping Center, including, without limitation, all parking spaces and areas, pedestrian sidewalks, driveways, curbing, retaining walls, truckways, access roads, ramps, loading docks, delivery areas, storm and sanitary sewer systems, signs, music program service, if any, landscaped and vacant areas and lighting facilities, including all utilities serving the same, whether located within 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 outside of the BuildingShopping Center property, 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 except 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 otherwise designated by Landlord for a noncommon use, provided the exclusive use of any portion of the Building which was not included within the tenant. The Common Area shall be so included when so designated and improved for common use. All of the Common Area Areas shall be subject to the exclusive control and management of Landlord or and to such other persons or nominees rules and regulations as Landlord may have delegated or assigned from time to exercise such management or controltime, in whole or in part, in adopt. Tenant shall refrain from doing any act which interferes with Landlord’s place exclusive control and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety management of the Common Area or with the adequacy use of Common Area by others. Landlord hereby reserves the right at any time or from time to time to: (a) change the areas, locations and arrangement of parking areas and other Common Areas; (b) enter into, modify and terminate easements and other agreements pertaining to the maintenance and use of the parking areas and other Common Areas; (c) close any or all portions of the Common Areas to such extent and from such time as may, in the sole discretion of Landlord’s counsel, be legally necessary to prevent a dedication thereof or the accrual of any security system which is rights to any person or may be instituted for to the public therein; (d) close temporarily, if necessary, any part of the Common Area. In Areas in order to discourage non-customer parking; (e) make changes, additions, deletions, alterations or improvements in and to such Common Areas, provided that there shall be no event unreasonable obstruction of Tenant’s right of ingress to or egress from the Demised Premises; and (f) adopt reasonable rules and regulations by which Tenant shall Tenant have abide relating to the right to sell or solicit in any manner in use of the Common AreaAreas. As long Nothing contained herein shall be deemed to be a warranty, representation or agreement by Landlord that the Shopping Center will be, or will continue to be as Tenant is not in default under this Leaseindicated on Exhibit A without change. Landlord may demolish buildings and improvements, Tenant shall have build additional buildings, add additional floors, change the non-exclusive right to use in common with other Tenants of layout and otherwise change or reduce the Building Shopping Center buildings, the common parking areas and facilities included in the Building together with such easements for ingress and egress or Common Areas at any time, as are Landlord deems necessary for Tenant’s use and occupancy of the Premisesor desirable.
Appears in 1 contract
Sources: Shopping Center Lease Agreement
Common Areas. Subject (i) Landlord covenants that the Common Areas shall be available without further charge to Article Tenant for the nonexclusive use (as defined in Section 6(b)(iv) of Tenant during the full Term of this Lease or any extension of the Term, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any of the Common Areas shall not constitute a violation of this covenant. Landlord shall also provide up to ten (10) parking spaces in a number and location reasonably adjacent to the Building as reasonably designated by Landlord which shall be signed as reserved exclusively for Tenant's visitors to the Premises. Landlord specifically reserves the right to change the location, size, configuration, design, layout, and any other aspects of the parking provided such changes do not reduce the number of spaces below the minimum number of parking spaces provided in the definition of "Common Area" nor materially impair Tenant's ability to use the Premises as set forth in Section 10. Landlord may temporarily close off or restrict access to parking from time to time as necessary to enable construction, environmental remediation, alteration, or improvements, without incurring any liability to Tenant and without any abatement of Rent under this Lease provided any such temporary access restriction shall be so accomplished as to minimize inconvenience to Tenant and the least possible interference with ▇▇▇▇▇▇'s truck access to the Premises. ▇▇▇▇▇▇'s continued right to use the parking spaces is conditioned on Tenant's abiding by all rules and regulations prescribed from time to time for the orderly operation and use of the Project parking. Tenant shall use all reasonable efforts to ensure that Tenant's employees and visitors also comply with such rules and regulations. This Lease shall be subordinate to those items listed as Exceptions 1 through 12 of that Title Policy for the Real Property dated as of April 29, 1997 and any subsequently executed AREA.
(ii) Landlord shall keep or cause to be kept all Common Areas in a neat, clean, orderly and well maintained condition, properly lighted and landscaped, and shall promptly repair any damage to their facilities, but all expenses in connection with the Common Areas ("Common Area Expenses ") shall be charged in the manner set forth in Section 6(b)(iii). Common Area Expenses shall include but shall not be limited to all sums expended by Landlord in connection with the Common Areas for all general maintenance and repairs, resurfacing, painting, restriping, cleaning, sweeping, and janitorial services; refuse removal; competitively priced management fees, which shall not exceed five percent (5%) of the Common Area Expenses; planting and landscaping; lighting and other utilities; directional signs and other markers and bumpers; personnel to implement these services and to police the Common Areas; required fees or charges levied pursuant to any governmental requirements; public liability and property damage insurance on the Common Areas, which shall be carried and maintained by Landlord with limits as reasonably determined by Landlord; and, where charged to Landlord, all expenses in Sections 5, 7, and 8, provided that no expense excluded from Tenant's reimbursement obligations under Section 5(a) or any other provision of this Lease shall be included and provided further that no expense paid by Landlord shall be double counted for Tenant reimbursement purposes, and Real Property Taxes shall be determined and paid as provided in Section 5. Landlord shall exercise reasonable diligence to obtain reasonable prices for all sums expended by Landlord for Common Area Expenses.
(iii) In December of each calendar year, or as soon as reasonably possible thereafter, Landlord shall send Tenant an itemized statement, setting forth in reasonable detail Landlord's reasonable estimate of Tenant's Common Area Expenses for the following calendar year on a monthly or quarterly basis, at Landlord's option and ▇▇▇▇▇▇ agrees to pay Landlord ▇▇▇▇▇▇'s Common Area Expenses then due within fifteen (15) days after receipt of the statement and to make monthly or quarterly payments of ▇▇▇▇▇▇'s share of Common Area Expenses thereafter. Any Common Area Expenses for the year in which this Lease commences or ends shall be apportioned and adjusted based upon the number of months or portions of months in which Tenant occupies the Premises, commencing one hundred twenty (120) days following the Early Entry Date, provided that ▇▇▇▇▇▇'s work on the Tenant Improvements has not been interrupted or delayed by Landlord Delays or any days that ▇▇▇▇▇▇'s work on Tenant's Improvements is voluntarily interrupted by Landlord pursuant to Section 2(e)(i) (and in any case no later than the Rent Commencement Date) and, provided ▇▇▇▇▇▇ is not in default hereunder, expiring when Tenant vacates the Premises (and otherwise upon expiration of the Term), disregarding any changes in such charges attributable to a period before or after the Lease Term. If the amount of monthly or quarterly payments for Common Area Expenses received by Landlord from Tenant are more or less than the actual Common Area Expenses due for any Calendar Year, an itemized statement of which shall be delivered to Tenant by Landlord within one hundred twenty (120) days following the end of each Calendar Year, or a soon as reasonably possible thereafter, an appropriate adjustment will be made by Landlord and Tenant and any balance due paid or refunded within thirty (30) days after such reconciliation. All charges in Section 6 for Common Area Expenses may be superseded and governed by any AREA adopted for the Real Property and Adjacent Real Property.
(iv) For the use and benefit of Tenant, Tenant's agents, employees, customers, licensees, and subtenants shall have the nonexclusive right in common with Landlord's representatives, agents employees, customers and contractors performing Landlord's obligations under this Lease, and other present and future owners and tenants of the Real Property (and, to the extent set forth in any AREA recorded for the Adjacent Real Property), and their agents, employees, customers, licensees, and subtenants, to use the Common Areas during the entire Term of this Lease, or any extension of the Term, for ingress and egress, roadway, sidewalk, and automobile parking, provided that Tenant and Tenant's employees shall park their automobiles in those areas reasonably designated by Landlord from time to time (in consultation with Tenant) for Tenant parking. To the extent practicable and within Landlord's reasonable control, and except as may be set forth above or in any AREA, Tenant shall make available at all times during have 24-hour vehicular access to the term Premises including, without limitation, truck access.
(v) Tenant, in the use of the Common Areas, agrees to comply with the reasonable rules and regulations as Landlord may adopt from time to time for the orderly and proper operation of the Common Areas, which rules and regulations shall not be inconsistent with this Lease and shall not interfere with ▇▇▇▇▇▇'s right of vehicular and truck access to the Premises or Tenant's other rights under this Lease.
(vi) Unless Landlord elects to provide trash collection as a part of the Common Area maintenance, Tenant shall at Tenant's expense arrange for the collection of trash in the Common Areas located on the Real Property, in which event Landlord shall not charge Tenant for any costs of trash removal on the Real Property and Adjacent Real Property.
(vii) Landlord grants Tenant a non-exclusive access Ad for ingress and egress over the Roadway Easement for the Term of this Lease, as it may be extended, or until 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 as an AREA is executed for the benefit Real Property and Adjacent Real Property granting Tenant similar access over the Roadway Easement. For purposes of more than one tenant or concessionaire of this Lease, and until superseded by an AREA, 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 Roadway Easement shall be so included when so designated and improved for common use. All considered part 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 nonprovided, however that Landlord may include no more than fifty-exclusive right to use in common with other Tenants one and four tenths percent (51.4%) of the Building common area expenses (as defined in 6(b)(ii)), of such Roadway Easement in Common Area Expenses and no more fifty-one and four tenths percent (51.4%) of Real Property Taxes (as defined in 5(a)) of such Roadway Easement in Real Property Taxes. Upon completion of improvements to the common areas Adjacent Real Property, ▇▇▇▇▇▇'s contribution to Common Area Expenses and facilities included in Real Property Taxes for the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy Roadway Easement shall be equitably reduced, eliminated or reciprocated by the occupants of the PremisesAdjacent Real Property.
Appears in 1 contract
Common Areas. Subject (a) The use and occupation by Tenant of the Premises shall include a right to Article 6 the use in common with others entitled thereto of the common areas and other facilities as may be designated from time to time by Landlord, subject, however, to the terms and conditions of this Lease. All common areas and facilities not within the Premises, which Tenant may be permitted to use and occupy pursuant to this paragraph, are to be used and occupied under a revocable license. If the measure of such areas is diminished by Landlord, Landlord shall make available not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such diminution of such areas be deemed constructive or actual eviction.
(b) Landlord shall at all times during the term of this Lease, such automobile parking Lease have the following rights with respect to the common area 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)” facilities:
(1) Landlord 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 from time 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 time to use in common with other Tenants of the Building alter and modify the common areas and other facilities included as it deems desirable in its sole discretion;
(2) Landlord may discontinue the existence of the common area subject to the requirements of laws and ordinances applicable thereto;
(3) Landlord may uniformly promulgate and enforce such rules and regulations relating to the use of the common areas and other facilities as Landlord deems necessary or desirable. Landlord shall exercise the foregoing rights in such a manner as to minimize the interference with Tenant's beneficial enjoyment of the premises.
(c) Notwithstanding anything to the contrary, during the term of this Lease, Landlord shall at all times operate and maintain the restrooms adjacent to the Premises (as depicted in the Building together attached Exhibit B) and Tenant shall have continuous right of access and use of such restrooms. Landlord represents, warrants and covenants that such restrooms, including any improvements made by Landlord, shall be in compliance with all laws and regulations, and built in a good and workmanlike manner with good materials, and the equipment and Landlord services serving such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesrestrooms shall be in good working order.
Appears in 1 contract
Sources: Lease Agreement (Cellular Technical Services Co Inc)
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 In addition 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 LeasePremises, Tenant shall have the non-exclusive right use of those certain common areas to be designated by the Landlord from time to time on the Property; such areas shall include, but not be limited to, parking areas, access roads and facilities, interior corridors, sidewalks, driveways and landscaped and open areas (collectively, the “Common Areas”). The use of the Common Areas shall be for the nonexclusive use of Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and all other Tenants tenants of the Building Property and all such other persons to whom Landlord has previously granted, or may hereinafter grant, rights of usage; provided that such nonexclusive use shall be expressly subject to such reasonable rules and regulations which may be adopted by the common areas Landlord from time to time. Tenant shall not be entitled to use the Common Areas for storage of goods, vehicles, refuse or any other items. Landlord reserves the right to alter, modify, enlarge, diminish, reduce or eliminate the Common Areas from time to time in its sole discretion; provided, however, it does not unreasonably and facilities included in the Building together materially interfere with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premises. Landlord shall have the right to modify Common Areas, and if necessary, parts of the Premises, in order to implement new, necessary security measures and Landlord shall endeavor to minimize any adverse effect on Tenant’s use of the Premises. If Tenant shall use any of the Common Areas for storage of any items, Tenant shall pay all fines imposed upon either Landlord or Tenant by any fire, building or other regulatory body, and Tenant shall pay all costs incurred by Landlord to clear and clean the Common Areas and dispose of such items, including but not limited to, a disposal fee of twenty-five dollars ($25.00) for each pallet or other container and fifty dollars ($50.00) for each drum, together with any additional costs for testing and special disposal, if required.
Appears in 1 contract
Sources: Lease Agreement (UWM Holdings Corp)
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 and occupants at the Project, and subject to any rules and regulations promulgated by Landlord from time to time pursuant to Section 4.5 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 or occupants at the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, are collectively referred to herein as the “Common Areas”). 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 any rules and regulations, as amended, promulgated by Landlord from time to time in Landlord’s reasonable discretion. Landlord reserves the right to temporarily close, make alterations or additions to, or change the location of elements of the Project and the Common Areas. Landlord reserves the right, without the same constituting an actual or constructive eviction and without entitling Tenant to any abatement of Rent, to: (i) close any part of the Common Areas to whatever extent required in Landlord’s opinion to prevent a dedication thereof or the accrual of any prescriptive rights therein; (ii) temporarily close the Common Areas to perform repairs or maintenance, or for any other reason deemed necessary by Landlord; (iii) change the shape, size, location and extent of the Common Areas; (iv) eliminate from or add to the Common Areas any land or improvement; (v) make changes to the Common Areas including, without limitation, changes in the location of driveways, entrances, passageways, doors and doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, sidewalks or the direction of the flow of traffic and the site of the Common Areas; and (vi) change the name or address of the Building or Project. In exercising its rights with regard to the common areas and facilities included in the Building together Common Area set forth above, Landlord shall use commercially reasonable efforts to not materially interfere with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of of, or access to, the Premises.
Appears in 1 contract
Sources: Office Lease (Rodgers Silicon Valley Acquisition Corp)
Common Areas. Subject As used in this Lease, the term "common areas" means, without limitation, the hallways, entryways, parking areas, driveways, walkways, terraces, loading areas, trash facilities and all other areas and facilities in the Project which are provided and designated from time to Article 6 time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and other tenants of the Project and their respective employees, invitees, licensees or other visitors. Landlord grants Tenant, its employees, invitees, licensees and other visitors a nonexclusive license for the Term to use the common areas in common with others entitled to use the common areas, subject to the terms and conditions of this Lease. Without advance notice to Tenant (except with respect to matters covered by Subsection (a) below) and without any liability to Tenant in any respect, Landlord shall make available at all times during will have the term of this Leaseright to:
(a) establish and enforce reasonable rules and regulations concerning the maintenance, such automobile parking management, use and other common areas within the exterior boundaries operation 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 areas;
(b) close off any of the following common areas to whatever extent required in the opinion of Landlord and its counsel to prevent a dedication of any of the common areas or the accrual of any rights by any person or the public to the common areas, provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Premises;
(c) temporarily close any of the specific recitation common areas for maintenance, alteration or improvement purposes;
(d) select, appoint or contract with any person for the purpose of which shall not be deemed to limit operating and maintaining the definition of “Common Area”): common areas, on such terms and conditions as Landlord deems reasonable;
(e) change 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 size, use, shape or nature of any such common areas, provided any portion such change does not deprive Tenant of the Building which was not included within the Common Area shall be so included when so designated substantial benefit and improved for common use. All enjoyment 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 steadPremises. 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 So long as Tenant is not thus deprived of the substantial use and benefit of the Premises, Landlord will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of any concourse, parking spaces, toilets or other public conveniences in default under the Project, without incurring any liability to Tenant or entitling Tenant to any abatement of rent and such action will not constitute an actual or constructive eviction of Tenant; and
(f) erect one or more additional building on the common areas, expand the existing Building or other buildings to cover a portion of the common areas, convert common areas to a portion of the Building (excluding the Premises) or other buildings to common areas. Upon erection of any additional buildings or change in common areas, the portion of the Project upon which buildings or structures have been erected will no longer be deemed to be a part of the common areas. In the event of any such changes in the size or use of the Building or common areas of the Building or Project, Landlord may make an appropriate adjustment in the Rentable Area of the Building or the Building's pro rata share of exterior common areas of the Project, as appropriate, and a corresponding adjustment to Tenant's Share of the Operating Expenses payable pursuant to Article 5 of this Lease, Tenant shall have the non-exclusive right to use in common with other Tenants of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesabove.
Appears in 1 contract
Sources: Office Lease (Ryland Group Inc)
Common Areas. Subject to Article 6 the Building Rules and other provisions 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 access to, use of, and enjoyment of the Common Areas twenty-four (24) hours a day, fifty-two (52) weeks a year for purposes consistent with their intended use. All of the Common Areas shall be subject to (i) the exclusive but reasonable control, management and regulation of the Landlord and (ii) the terms of this Lease. The Tenant shall not obstruct or damage the Common Areas. Subject to the terms of this Lease, the Landlord shall have the right, from time to time, to change the location, size, appearance or configuration of the Common Areas, provided that such changes do not materially or unreasonably (a) limit the Tenant’s access to the Premises, (b) reduce or eliminate the Landlord’s provision of any amenities (e.g., the Fitness Center (subject to the provisions of Section 15.02), the Auditorium, etc.) and/or (c) materially and adversely affect (I) the Tenant’s Permitted Use and the benefit of the Premises and/or (II) access, use of, and enjoyment of the Common Areas. The Tenant shall make no changes or alterations to the Common Areas and the Tenant shall not materially obstruct in any way the Landlord’s or any other person’s right of access, use or enjoyment of the Common Areas. All of the Common Areas which the Tenant may be permitted to use in common hereunder shall be used and occupied under a non-exclusive right for access and use with other Tenants of others. If the Building Common Areas are changed or restricted by the common areas and facilities included in Landlord as set forth hereinabove or if the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy thereof is affected by the use of others as permitted hereinabove, the Landlord shall not be subject to any personal liability for diminution of use, nor shall the Tenant be entitled to any compensation or diminution or abatement of Base Rent, nor shall such change, restriction or use by others be deemed a constructive or actual eviction of the PremisesTenant, excepting changes that materially and adversely affect the Tenant’s Permitted Use, the benefit of the Premises and its access rights to the ATM or any night depository, in accordance with this Lease.
Appears in 1 contract
Common Areas. Subject 12.1 Landlord and Tenant acknowledge that certain portions of the Current Premises are being surrendered and released by Tenant pursuant to Article 6 this Amendment will become Common Areas available for use by Tenant and all tenants or occupants of this Leasethe Building. Such areas include, but are not limited to: (i) main and second floor lobbies, stairwells, two (2) first floor conference rooms, one (1) second floor conference room, the fitness facility, lunchroom/kitchen, elevators, equipment rooms and 1 training room on the second floor (east side); (ii) the reception desk in the main lobby, which will be removed by Landlord at Landlord’s expense, and which shall not be required to be replaced or relocated; (iii) Building phone, cable and primary equipment access points located in the Premises, as redefined herein upon surrender of portions of the Current Premises as provided herein, each of which access points shall be made available to all tenants and occupants of the Building, provided, Landlord agrees that such access points, when converted for such access, shall, at Landlord’s cost, be secured in a manner that is commercially reasonable, affordable, and mutually agreeable to Landlord and Tenant so as to secure Tenant’s then existing Premises. Notwithstanding the foregoing, Landlord may, at its sole and absolute discretion, lease any portion of such Common Areas to another tenant or occupant, and in such case, the common area factor shall make available at be adjusted as provided in Paragraph 10.0 above.
12.2 Landlord grants to Tenant the non-exclusive right, together with all times other occupants of the Building and their agents, employees, and invitees, to use the Common Areas, as the same is established by Landlord from time to time, during the term of this the Lease, such automobile parking as amended, and other common areas within any extension or renewal thereof, subject to all Laws. Landlord shall have the exterior boundaries of right, at Landlord’s sole and absolute discretion, to make changes to the land Common Areas. Landlord’s rights regarding the Common Areas include, without limitation, the right to (i) restrain unauthorized persons from using the Common Areas; (ii) place permanent or temporary kiosks, displays, carts, or stands in the Common Areas and Building of which lease 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 same 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 others; (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 iii) temporarily close any portion of the Building which was not included within Common Areas: (a) for repairs, improvements, or alterations; (b) to discourage unauthorized use; (c) to prevent dedication or prescriptive rights; or (d) for any other reason that Landlord deems reasonably necessary; (iv) change the Common Area shall be so included when so designated shape and improved for common use. All size of the Common Area Areas; (v) eliminate, add, or change the location of improvements in the Common Areas; or (vi) impose and revise reasonable rules and regulations for the Building and the Common Areas (including parking areas and/or facilities). Tenant agrees to abide by and conform to all such rules and regulations, and to cause its employees, suppliers, shippers, customers, and invitees to so abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with said rules and regulations by other tenants of the Building.
12.3 Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right of Tenant to store any property, temporarily or permanently, in the Common Areas. Any such storage shall be subject to permitted only by the exclusive control and management prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage occurs then Landlord shall have the right, without notice, in addition to such other persons rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be immediately paid upon demand.
12.4 Tenant agrees that the existing furniture and equipment located in the existing lunchroom/kitchen, and the one 2nd floor training room (east side), as of the date of this Amendment, are free of all liens and encumbrances, and are hereby surrendered by Tenant to Landlord and the same shall become and be deemed the property of Landlord, and if requested by Landlord, Tenant agrees to convey the same to Landlord by a ▇▇▇▇ of sale, free and clear of all liens and encumbrances. Notwithstanding the foregoing or nominees anything herein to the contrary, Tenant, at Tenant’s sole cost and expense, shall remove the large conference table and chairs from the 2nd floor conference room (west side). For clarity, the tables, chairs, refrigerators, microwaves in the lunchroom/kitchen shall be surrendered and conveyed to Landlord unless any of the foregoing belongs to a third party, and if, to Tenant’s actual knowledge, any such item(s) belongs to a third party, Tenant shall notify Landlord of such case as soon as reasonably possible. As for any equipment in the fitness room owned by Tenant or any of Tenant’s sublesees, Landlord may have delegated or assigned to exercise such management or control, in whole or in part, in Landlord’s place replace the equipment and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety cost of the Common Area same shall be an Operating Cost. Prior to surrendering the fitness room to Landlord, Tenant shall notify the sublessee, and Tenant shall remove, or shall cause sublessee to remove all fitness equipment from the fitness facility at Tenant and sublessee’s sole cost and expense, or the adequacy same shall be deemed forfeited and Landlord may dispose of any security system which is the same without liability to Tenant or may be instituted for the Common Areasublessee. In no event shall Tenant Landlord have the right obligation to sell or solicit in any manner provide a fitness room as a common element. Landlord acknowledges that Tenant does not own and cannot surrender and convey the coffee equipment and vending machines in the Common Arealunchroom/kitchen area. As long as Tenant The same is not in default under this Leaseowned by a third party, Tenant shall have the non-exclusive right and Landlord intends to use in common commercially reasonable efforts to enter into an agreement with other Tenants said party to continue to supply the equipment and vending machines, which cost shall be an Operating Cost reimbursable by Tenant to Landlord. Any contract of the Building the common areas and facilities included in the Building together Tenant with such easements for ingress and egress as are necessary for third party shall apply to Tenant’s use Premises only and occupancy not any portion of the Premisesany area being surrendered to Landlord hereunder.
Appears in 1 contract
Common Areas. Subject to Article 6 of this Lease4.01 Landlord, Landlord at Landlord's expense, shall provide and shall make available from time to time within the boundaries of the building project such parking facilities, driveways, entrances and exits thereto, landscape and planted areas, and other improvements and facilities, whether similar or dissimilar, as Landlord shall at any time and from time to time deem appropriate (all the foregoing being collectively referred to in this Lease as "Common Areas"). Tenant and its officers, employees, agents, customers and invitees shall have a nonexclusive right, in common with Landlord and all others to whom Landlord has granted or may hereafter grant rights, to use the Common Areas. The Common Areas shall 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, and Landlord or shall have the right from time to time to establish, modify and enforce reasonable and nondiscriminatory rules and regulations with respect to the Common Areas, and Tenant agrees, after notice thereof, to abide by such other persons or nominees rules and regulations and to cause its officers, employees, agents, customers and invitees to conform thereto. Landlord, at Landlord's expense, shall construct, operate, manage, equip, repair, landscape, and maintain the Common Areas, for their intended purposes, in such manner as Landlord may have delegated or assigned to exercise such management or control, in whole or in partshall, in Landlord’s place 's sole discretion, from time to time determine. Landlord's rights respecting the Common Areas shall include (but shall not be limited to) the following:
a. to maintain and stead. Tenant acknowledges that Landlord makes no representation operate lighting facilities serving the Common Areas;
b. to supervise the Common Areas;
c. from time to time to change the area, level, location and arrangement of parking areas, parking spaces and other Common Area facilities, to make installations therein and to move or warranty whatsoever concerning remove such installations, and to change the safety location of, or permanently diminish or discontinue the use of any portion of the Common Area Areas;
d. to restrict parking by tenants, their officers, agents, employees, customers and invitees, to designated areas and to specific parking spaces;
e. to discontinue, or restrict the use of, any portion of the Common Areas to such extent, and for such period of time, as may in the opinion of Landlord's counsel be necessary to prevent a dedication thereof or the adequacy accrual of any security system which is rights to any person or may be instituted for the public therein;
f. to temporarily suspend the use of all, or any portion of, the Common Area. In no event Areas; and
g. to take any other action with respect to the Common Areas, as Landlord, in its sole discretion, shall determine to be advisable.
4.02 Tenant's right to use the Common Areas or any specified portion thereof shall be deemed to be a revocable license, and Landlord shall not be subject to any liability, nor shall Tenant have be entitled to any compensation or diminution or abatement of rent, by reason of Landlord's exercise of any right or rights respecting Common Areas reserved pursuant to Section 4.01 hereof, nor shall the exercise of any such right be deemed a constructive or actual eviction, provided that there shall be no unreasonable obstruction of Tenant's access to sell the demised premises or solicit in any manner in unreasonable interference with Tenant's use and enjoyment of the Common Area. As demised premises.
4.03 So long as Tenant is not in default beyond any grace period under any of the terms, covenants and conditions of this Lease, Landlord will provide Tenant ten (10) assigned parking spaces and with access to the parking area for the parking of up to fifty (50) additional automobiles, at no charge.
4.04 With respect to the parking of vehicles at the building project:
(i) If Landlord elects to designate a specific parking zone for Tenant's use, Tenant shall have require its personnel and visitors to park their vehicles only in parking zone designated by Landlord for Tenant's use for its personnel and visitors on a "first come, first served" basis. Landlord reserves the non-exclusive right at all times to use redesignate such parking zones. Tenant, its personnel and visitors shall not at any time park any trucks or delivery vehicles in common with other Tenants any of the Building parking areas.
(ii) All use of parking spaces and any other parking areas by Tenant, its personnel and visitors will be at their own risk, and Landlord shall not be liable for any injury to person or property, or for loss or damage to any vehicle or its contents, resulting from theft, collision, vandalism or any other cause whatsoever, unless same is due to the common areas negligence or willful misconduct of Landlord, its agents or employees.
(iii) There shall be no overnight parking (unless approved in advance by Landlord), and facilities included Tenant shall cause its personnel and visitors to remove their vehicles from the parking area at the end of the working day. If any vehicles owned by Tenant or by its personnel or visitors remains in the Building together parking area overnight and the same interferes with such easements for ingress and egress as are necessary for Tenant’s use and occupancy the cleaning or maintenance of said area, any costs or liabilities incurred by Landlord in removing said vehicle to effectuate cleaning or maintenance, or any damages resulting to said vehicle or to Landlord's equipment or equipment owned by others, by reason of the Premisespresence of or removal of said vehicle during such cleaning or maintenance shall be paid by Tenant to Landlord, as additional rent on the rent payment date next following the rendition of a ▇▇▇▇ therefor.
Appears in 1 contract
Sources: Lease Agreement (Gantos Inc)
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 hereby agrees that Tenant's lease of the land and Building of which Premises includes 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 nonexclusive right to use in common with Landlord and other Tenants tenants or other occupants of the Building and the Property and their agents, employees, guests, subtenants, licensee and invitees, the "Common Areas" of the Building and the Property. Section 7.03(b) contains certain restrictions on Landlord's right to change certain Common Areas. "Common Areas" means those portions of the Land and/or the Property intended at the applicable point in time at which the Common Areas are to be delineated to be for the common areas use by the tenants and/or occupants of the Property and facilities included in those portions of the Building together with intended at the applicable point in time at which the Common Areas are to be delineated to be for the common use of tenants and/or occupants of the Building, or any portion thereof, and their respective customers, employees, lessees, licensees and invitees, which Common Areas shall include, without limitation, any so-called "Limited Common Areas" i.e., areas adjacent to one or more of the buildings at the Property, the use of which Common Areas may be restricted in whole or in part to the tenant(s) of such easements building or buildings. Common Areas shall include, without limitation, those portions of the Property designated from time to time by Landlord as (i) plaza areas, (ii) pedestrian walkways, (iii) parking premises including, without limitation, any parking garages, and (iv) those roads, exits, entrances, driveways, ramps, streets, curb cuts, pedestrian walkways and sidewalks which are intended for use as pedestrian and/or vehicle access, ingress and egress as are necessary for Tenant’s use and occupancy from various portions of the PremisesProperty to the parking premises, other portions of the Property and public streets. Common Areas shall include with respect to the Building, elevators, public stairways, loading areas, ground floor lobbies and other similar facilities intended at the applicable point in time at which the Common Areas are to be delineated to be for the benefit of Building tenants and invitees, and, with respect to any partial floor which Tenant may lease in the Building, the corridors and passenger and freight elevator lobbies of such floors and the public restrooms on such floors. So long as Tenant leases 100% of the Building, Landlord shall not grant to any third parties the right to use the Common Areas of the Building, other than in connection with the operation, repair, replacement and maintenance of the Building and Landlord shall only use the Building lobby and elevators for purposes related to the operation, repair, replacement and maintenance of the Building.
Appears in 1 contract
Common Areas. Subject to Article 6 of this Lease, Landlord A. LANDLORD shall make available at all times within or adjacent to the POMPANO/LINCOLN INDUSTRIAL, LTD such Common Areas, together with any Common Areas made available by means of cross easements and/or reciprocal construction, operating and easement agreements, as LANDLORD shall, from time to time, deem to be appropriate for the POMPANO/LINCOLN INDUSTRIAL, LTD and LANDLORD shall operate and maintain such Common Areas for their intended purpose. TENANT shall have the non-exclusive right 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 Lease to use (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 their intended purposes) the Common Area shall be so included when so designated Areas for itself, its employees, agents, customers, invitees, licensees and improved for common use. concessionaires subject, however, to the provisions of this Article.
B. All of the Common Area Areas shall be subject to the exclusive control and management of Landlord LANDLORD, and LANDLORD shall have the right, at any time and from time to time, to establish, modify, amend and enforce uniform rules and regulations with respeql. to the common Areas and the use thereof. TENANT agrees to abide by and conform with such rules and regulations upon notice thereof, to cause its concessionaires, invitees and licensees and its and their employees and agents, to abide and conform. LANDLORD shall have the right (a) to close, if necessary, all or any portion of the Common Areas to such other persons extent as may in the opinion of LANDLORD'S counsel be reasonably necessary to prevent a dedication or nominees as Landlord may have delegated public taking thereof or assigned the accrual of any rights of any person or of the public therein, (b) to exercise such management close temporarily all or controlany portion of the Common Areas to discourage non-customers' use, (c) to use portions of the Common Areas while engaged in making additional improvements or repairs or alterations to the POMPANO/LINCOLN INDUSTRIAL, LTD, (d) to transfer, in whole or in part, any of LANDLORD'S rights and/or obligations under this Article, to any other TENANT(s) sub-TENANT(s) or other occupant(s) of the POMPANO/LINCOLN INDUSTRIAL, LTD or to such other party(ies) or designee(s) as LANDLORD may from time to time determine, and (e) to do and perform such other acts (whether similar or dissimilar to the foregoing) in, to and with respect to, the Common Areas as in Landlord’s place the use of good business judgment LANDLORD shall determine to be appropriate for the POMPANO/LINCOLN INDUSTRIAL, LTD. TENANT agrees to cause its officers, employees, agents, licensees and steadany concessionaires to park their respective automobiles, trucks and other vehicles only in such parking places in the Common Areas designated by the LANDLORD from time to time as the employee parking area. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning TENANT shall not at any time interfere with the safety rights of LANDLORD and other TENANTS, their officers, employees, agents, licensees, customers, invitees and concessionaires, to use any part of the parking areas and other Common Areas.
C. In consideration of LANDLORD'S agreement to operate and maintain the Common Areas, TENANT covenants and agrees to pay TENANT'S Pro Rata Share of the Common Area or Costs (as such terms are defined below) for each Lease Fiscal Year. LANDLORD shall notify TENANT from time to time of the adequacy amount which LANDLORD estimates will be the amount of any security system which the Common Area Costs for such Lease Fiscal Year and TENANT shall pay to LANDLORD the sum of $37,337.60 Dollars per annum payable in monthly installments of $3,111.47 on the first day of each calendar month as its estimated payment of Common Area Costs until the POMPANO/LINCOLN INDUSTRIAL, LTD is or may be instituted assessed as substantially completed. For each year thereafter TENANT shall pay LANDLORD monthly one-twelfth (1/12) of the amount of the TENANT'S proportionate Common Area Costs based on the actual Common Area Costs for the Common Areapreceding calendar year. In no event LANDLORD shall Tenant have the right submit to sell or solicit in any manner in TENANT annually a statement showing the Common AreaArea Costs to be paid by TENANT with respect to such year, the amount heretofore paid by TENANT during such Lease Fiscal and the amount of the resulting balance due thereon, or overpayment thereof, as the case may be. As long Appropriate adjustment shall thereupon be made between the parties, on demand, on the basis of such statement. Each statement shall be binding upon TENANT, its successors and assigns, as Tenant to the matters set forth therein, if no objection is not in default under this Lease, Tenant raised with respect thereto within thirty (30) days after submission of each statement to TENANT. TENANT shall have the non-exclusive right right, at TENANT'S expense, to use examine LANDLORD'S books and records at the offices of LANDLORD during ordinary business hours not more than once in common with other Tenants each Lease Fiscal Year for the purpose of verifying the Building the common areas and facilities included matters set forth in the Building together with such easements statement for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesimmediately preceding Lease Fiscal Year.
Appears in 1 contract
Common Areas. Subject The term "Common Areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Project that are provided and designated by Landlord from time to Article 6 time for the general non-exclusive use of Landlord, Tenant and of other occupants of the Project and their respective employees, suppliers, shippers, customers and invitees, which may include, without limitation, parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, customers and invitees, during the Term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers and privileges reserved by Landlord shall make available at all times during under the term terms of this Lease, such automobile parking Lease or under the terms of any reasonable and other common areas within non-discriminatorily enforced rules or regulations or restrictions governing the exterior boundaries use of the land and Building of which Project. Under no circumstances shall the Premises are a part. The term “right herein granted to use the 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 Areas be deemed to limit include the definition of “Common Area”): the land and facilities utilized as parking areas; access and perimeter roads; truck passageways (which may be right to store any property, temporarily or permanently, 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 Areas. Landlord or such other person(s) as Landlord may appoint, shall be so included when so designated and improved for common use. All of the Common Area shall be subject to have the exclusive control and management of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable and non-discriminatorily enforced rules and regulations with respect to the Common Areas, in accordance with the provisions of Paragraph 40 below. Tenant agrees to abide by and conform to all such rules and regulations, and to cause its employees, agents and contractors to so abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with such rules or such regulations by other tenants and users of the Project. Landlord shall have the right, in its sole and absolute discretion, from time to time (a) to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways, so long as reasonable access to the Premises remains available; (b) to close temporarily any of the Common Areas for maintenance and/or repair purposes or to prevent the acquisition of rights in the Common Areas by other persons or nominees entities, so long as Landlord may have delegated or assigned reasonable access 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 Premises remains available; (c) to designate other land outside the boundaries of the Project to be a part of the Common Area or the adequacy of any security system which is or may be instituted for Areas; (d) to add additional buildings and improvements to the Common Area. In no event shall Tenant have Areas; (e) to use the right Common Areas while engaged in making additional improvements, repairs or alterations to sell the Project, or solicit in any manner portion thereof; and (f) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and/or Project as Landlord may, in the Common Areaexercise of commercially reasonable business judgment, deem to be appropriate. As long as Tenant is not Without limiting the generality of the foregoing, the parties hereby acknowledge that portions of the Project site remain to be developed subsequent to the development of the Building. However, notwithstanding anything to the contrary contained in default under this Lease, Tenant shall have in the non-exclusive right to use in common with course of performance of any subsequent development, redevelopment, construction or other Tenants work upon the Project or exercise of any of the Building rights reserved by Landlord in this Paragraph 2.5, Landlord shall not materially adversely affect (i) the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and or occupancy of the Premises, (ii) means of access to and from the Premises, (iii) parking serving the Premises, or (iv) visibility of Premises signage from adjacent rights of way.
Appears in 1 contract
Sources: Lease (Sport Chalet Inc)
Common Areas. Subject All parking areas, access roads and facilities furnished, made available or maintained by Landlord in or near the Center, including employee parking areas, truck ways, driveways, loading docks and areas, delivery areas, multistory parking facilities, package pickup stations, elevators, escalators, pedestrian sidewalks, malls, including the enclosed mall (as indicated for identification purposes on Exhibit "B"), courts and ramps, landscaped areas, retaining walls, stairways, bus stops, first-aid and comfort stations, lighting facilities, sanitary systems, utility lines, water filtration and treatment facilities, those areas within and adjacent to Article 6 the Center for ingress and egress to and from the Center including, without limitation, the Temple, and the tunnel/roadway system under the Center, which from time to time may be provided by Landlord or others for the convenience, use or benefit of this Leasethe tenants of the Center, Landlord, Ground Lessor. the owners and occupants of the Hotel and their respective concessionaires, agents, employees, customers, invitees and licensees, those areas, if any, upon which temporary or permanent off-site utility systems or parking facilities serving the Center may from time to time be located and other areas and improvements provided by Landlord for the general use in common of tenants and their customers and department stores (if any) in the Center (all herein called "Common Areas") 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 the Owner of the Hotel Parcel (as defined in the REA), and Landlord or such other persons or nominees as Landlord may Owner shall have delegated or assigned the right, from time to exercise such management or controltime, to establish, modify and enforce reasonable rules, regulations and requirements with respect to all Common Areas which rules and regulations shall be uniformly applied in whole or a reasonable and non- discriminatory manner. Tenant agrees to comply with, and to cause its employees and contractors to comply with, all rules, regulations and requirements set forth in partExhibit "D" attached hereto and all reasonable amendments thereto and any and all rules, in Landlord’s place regulations, requirements and steadamendments thereto adopted pursuant to the REA. Tenant acknowledges that the Shopping Complex shall only have exterior pedestrian access through the Hotel and the Temple and, further, that the Temple may provide only ingress to, but not egress from the Center. Landlord makes no representation and the Owner of the Hotel Parcel shall have the right from time to time to: change or warranty whatsoever modify and add to or subtract from the sizes, locations, shapes and arrangements of parking areas entrances, exits, parking aisle alignments and other Common Areas; designate parking areas for Ground Lessor, Landlord, the owner of the Hotel Parcel and/or their employees and tenants and/or tenants of Landlord, and/or limit the total number of such employee spaces; restrict parking by Tenant's employees to designated areas (which may be at the far rear of the Adjacent Land); construct surface, sub-surface or elevated parking areas and facilities; establish and from time to time change the level or grade of parking surfaces; add to or subtract from the buildings in the Center; eliminate such access as may from time to time be available between the Center and the Hotel or any retail or commercial business in an adjoining or neighboring building; and do and perform such other acts in and to said Common Areas as Landlord in its sole discretion, reasonably applied, deems advisable for the use thereof by tenants and their customers or as such Owner is permitted to do pursuant to the REA. Tenant acknowledges that owners of other areas in and adjoining the Shopping Complex may similarly alter, enlarge, reduce or relocate the improvements from time to time located thereon. Tenant further acknowledges that this Section 5.1 shall be for the benefit of and directly enforceable by Landlord and the Owner of the Hotel Parcel. In the event that Landlord determines, in its sole discretion, to provide parking or transportation facilities for the Center, Landlord may charge a fee to users thereof and may impose and enforce such rules and regulations concerning the safety use thereof (including a prohibition of use by Tenant's employees) as Landlord may in its discretion deem desirable, provided that any fee will be waived for users receiving a validation from the casino on the Hotel Parcel. Landlord shall have the right at any and all times to utilize portions of Common Area Areas for promotions, exhibits, entertainments, product and other shows, displays, the leasing of kiosks or food facilities, or such other uses as may in Landlord's judgment tend to attract the adequacy of any security system which is public or may be instituted for benefit the Common Area. In Center but in no event shall Tenant have such kiosks or food facilities be located within ten feet (10') of the right to sell or solicit front lease line of the Premises. Except as specifically otherwise provided in any manner in Operating Agreement 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 Owner of the Building Hotel Parcel may do such other acts in and to the common areas Hotel and facilities included those Common Areas located on the Adjacent Land as in its reasonable judgment may be desirable, including, but not limited to, the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy conversion of portions thereof to other uses. In exercising its rights pursuant to this Section, Landlord shall not materially adversely affect access to or visibility of the Premises.
Appears in 1 contract
Sources: Lease (St John Knits Inc)
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)Areas” shall mean all the portions of driveways, parking areas, walkways, sidewalk areas, landscaping, service areas, the areas on individual floors in the Building which are not specifically leased or specifically available for lease devoted to tenants corridors, fire vestibules, elevators, lobbies, electric and which have at the time in question been designated telephone closets, restrooms, loading dock and improved for common use by or other similar facilities for the benefit of more than one tenant or concessionaire tenants and invitees and shall also mean those areas of the Building devoted to mechanical and service rooms servicing the Building. Landlord shall have the right from time to time to designate, including any relocate and limit the use of particular areas or portions of the following Common Areas provided that Landlord shall not materially adversely affect visibility of the exterior sign on the Building identifying Tenant, access to or availability of parking for the Premises, or otherwise materially and adversely interferes with Tenant’s business operations in the Premises. Provided Landlord uses reasonable efforts (the specific recitation of which shall not be deemed include any obligation to limit employ labor at overtime rates) to minimize disruption of Tenant’s business during the definition making of “Common Area”): the land and facilities utilized as parking areas; access and perimeter roads; truck passageways (which may be in whole any such changes 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 alterations, Landlord for a noncommon use, provided any portion of the Building which was shall 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 any liability nor shall Tenant be entitled to any compensation or abatement 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 rent arising out of the Common Area making of such changes or the adequacy of any security system which is or may be instituted for the Common Areaalterations. In no event Landlord shall Tenant also have the right to sell limit 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 control access to use in common with other Tenants of the Building by third parties other than Tenant, its employees, customers and patrons. Landlord shall provide Tenant with electric and telephone closets within the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary Premises for Tenant’s exclusive use. Landlord shall not be permitted to enter such electric and telephone closets unless accompanied by Tenant’s representative. Tenant shall, subject to the approval of Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), have the right to an easement on and under the portion of the Common Areas shown on Exhibit H for the installation, repair, maintenance, use and occupancy replacement of a fiber optics telecommunications cable to the Premises. Landlord shall not charge Tenant any fees for such installation in excess of any fees that may be charged to Landlord for such installation.
Appears in 1 contract
Sources: Lease Agreement (Wilshire Financial Services Group Inc)
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 In addition 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 LeasePremises, Tenant shall have the non-use of those certain common areas to be designated by Landlord from time to time on the Property; such areas shall include, but not be limited to, parking areas, access roads and facilities, interior corridors, sidewalks, driveways and landscaped and open areas (collectively, “Common Areas”). The use of the Common Areas shall be for the non exclusive right to use of Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and all other Tenants tenants of the Building Property and all such other persons to whom Landlord has previously granted, or may hereinafter grant, rights of usage; provided that such nonexclusive use shall be expressly subject to such reasonable rules and regulations which may be adopted by Landlord from time to time. Tenant shall not be entitled to use the common areas for storage of goods, vehicles, refuse or any other items. Landlord reserves the right to alter, modify, enlarge, diminish, reduce or eliminate the Common Areas from time to time in its sole discretion; provided, however, it does not unreasonably and facilities included in the Building together materially interfere with such easements for ingress and egress as are necessary for Tenant’s access or use and occupancy of the Premises. Landlord shall have the right to modify common areas, and if necessary, parts of the Premises, in order to implement new, necessary security measures and Landlord shall endeavor to minimize any adverse affect on Tenant’s use of the Premises. If Tenant shall use any of the Common Areas for storage of any items, Tenant shall pay all fines imposed upon either Landlord or Tenant by any fire, building or other regulatory body, and Tenant shall pay all costs incurred by Landlord to clear and clean the Common Areas and dispose of such items, including but not limited to, a disposal fee of twenty-five dollars ($25.00) for each pallet or other container and fifty dollars ($50.00) for each drum, together with any additional costs for testing and special disposal, if required.
Appears in 1 contract
Sources: Lease Agreement (Elio Motors, Inc.)
Common Areas. Subject The "Common Areas" consist of certain entryway, restroom or other areas in Landlord's Building, and certain driveways and parking areas on Landlord's Conference Center Complex, as are designated in yellow on Exhibits A and B. If Landlord elects in its sole discretion to Article 6 designate in writing additional areas within Landlord's Conference Center Complex (whether inside or outside of buildings) as Common Areas, then such additional areas so designated will be governed by the terms of this Lease, Landlord shall make available at all times during Lease governing Common Areas the term same as the originally designated Common Areas. The designation of this Lease, such automobile parking and other common any area or areas within the exterior boundaries as part 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 Areas shall not be deemed to limit be a permanent designation, and, except for designated rest rooms and entry/exit ways in Landlord's Building, Landlord shall have the definition right to reclassify any area previously designated as part of “the Common Area”): Areas (whether same are areas originally designated herein as Common Areas per Exhibits A and B hereto or otherwise); provided, that access driveways and parking areas reasonably equivalent to those now designated on Exhibit B hereto will in any case remain as Common Areas hereunder during the land and facilities utilized Term. Tenant shall have a nonexclusive right during the Term of this Lease to use the Common Areas as parking areas; access and perimeter roads; truck passageways (which may constituted from time to time. Such use shall be in whole or in part subsurface); arcades; landscaped areas; exterior walks; stairways; stairs; directory equipment; ramps; drinking fountains; toilets common with Landlord, with other tenants of Landlord if any, and with all other public facilities; and bus stations and taxi stands; but excluding any portion thereof when persons designated by Landlord for a noncommon useas entitled to use the same, provided any portion of the Building which was not included within the Common Area and shall be so included when so designated subject at all times to such reasonable rules and improved for common useregulations governing use as Landlord may from time to time prescribe. All of the The Common Area Areas, as constituted from time to time, shall be subject to the exclusive Landlord's sole management and control and management shall be operated and maintained in such manner as Landlord in its discretion determines. Tenant shall not take any action that would interfere with the rights or privileges of Landlord or such other persons or nominees as Landlord may have delegated or assigned to exercise such management or controluse the common Areas. Without limiting the generality of the foregoing, Tenant, its agents, contractors, subcontractors, employees and invitees, shall park vehicles only in whole or in part, in Landlord’s place and stead. Tenant acknowledges properly marked parking spaces that Landlord makes no representation or warranty whatsoever concerning the safety are part of the Common Area or Areas and shall at no time block any driveways that are part of the adequacy Common Areas. Landlord may temporarily close any part of any security system which is or the Common Areas for such periods of time as may be instituted necessary to make repairs or alterations, to prevent the public from obtaining prescriptive rights, or for the Common Areaother reasonable purposes. 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 LeaseNotwithstanding anything herein, Tenant shall have access to the non-exclusive right to use in common with other Tenants of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the PremisesDemised Premises on a twenty four (24) hour per day, seven (7) day per week basis.
Appears in 1 contract
Common Areas. Subject to Article 6 of (a) As used in this Lease, the term “Common Areas” shall mean all areas and facilities within the Project that are not designated by Landlord for the exclusive use of Tenant, Landlord, or any other tenant of the Project, including but not limited to parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, landscaped areas, recreation areas, and green belts, and does not include [exclusions to definition of common areas].
(b) Landlord shall make available at all times have exclusive control over the Common Areas, provided that Tenant and Tenant’s employees, agents, suppliers, shippers, customers, and invitees shall have the nonexclusive right to use the Common Areas during the term of this Lease, such automobile subject to the rights reserved by Landlord under this Lease and further subject to all rules and regulations governing the use of the Common Areas from time to time issued by Landlord.
(c) Landlord shall have the right, without it constituting an actual or constructive eviction of Tenant, without any abatement of rent under this Lease and without notice to or the consent of Tenant, to
(i) close any part of the Common Areas to the extent necessary in Landlord’s opinion to prevent the accrual of any prescriptive rights;
(ii) temporarily close any part of the Common Areas to repair and maintain them or for any other reasonable purpose;
(iii) change the nature of the Common Areas, including without limitation changes in the location, size, shape, and number of driveways, entrances, parking spaces, parking areas, loading and other common areas within unloading areas, ingress, egress, direction of traffic, landscaped areas, and walkways;
(iv) eliminate from or Add to Project any land or improvement;
(v) designate additional property outside the exterior boundaries of the land and Building Project to be a part of which the Premises are a part. The term “Common Area(s)” shall mean all Areas;
(vi) remove unauthorized persons from the portions Project;
(vii) change the name or address 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 Project;
(viii) use by or for allow 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 use of the Common Area shall be subject Areas while engaged in maintenance, repairs, construction, or other alterations to the exclusive control Project; and
(ix) perform any other acts and management of Landlord make other changes or such other persons or nominees alterations in the Common Areas and the Project 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 of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesdeem reasonably appropriate.
Appears in 1 contract
Sources: Industrial Lease
Common Areas. Subject 10.1. Landlord hereby grants to Article 6 of this LeaseTenant, Landlord shall make available at all times its employees, invitees and permitted sublessees and assigns, during the term of this LeaseTerm, such automobile parking the nonexclusive right to use, in common with all others so entitled, the Common Areas for pedestrian and other common areas within the exterior boundaries of the land and Building of which the Premises are a partvehicular traffic. 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 Areas shall be subject to the exclusive control and management of Landlord or and to such other persons or nominees reasonable rules and regulations as Landlord may have delegated may, from time to time, 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 of the parking areas and other Common Areas; to close any 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 all portions of the Common Area Areas to such extent and for such time as may, in the sole discretion of Landlord's counsel, be legally necessary to prevent a dedication thereof or the adequacy accrual of any security system which is rights to any person or may be instituted for to the public therein; to close temporarily, if necessary, any part of the Common Area. In Areas in order to discourage noncustomer parking; and to make changes, additions, deletions, alterations or improvements in and to such Common Areas, including methods of ingress to and egress from such Common Areas, provided that there shall be no event material obstruction of Tenant's right of ingress to or egress from the Premises, nor shall Tenant have the right to sell or solicit in there be any manner change in the location of the primary entrances to the Building, or in the configuration of the interior Common AreaAreas 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. As long as Tenant is not Landlord shall enforce any rules and regulations adopted in default under a nondiscriminatory manner.
10.2. Subject to the express provisions and limitations of this Lease, Landlord shall operate, maintain and repair all Common Areas and all major Building components, including structural, mechanical, electrical and heating, ventilating and air conditioning systems, in a manner consistent with the standards of operation, maintenance and repair employed by Tenant during its occupancy under that certain lease agreement captioned "Lease" between Landlord and Tenant, dated June 1, 1995, as amended
10.3. Tenant shall cause it and its employees to park only in the areas of the parking lot as provided and designated from time to time by Landlord for employee parking. Tenant shall have the non-exclusive right to use those spaces in common with other Tenants the southeast parking lot numbered 1, 2, 3, 4, 5, 8, 9, 23, 24, 25, 26, 27, 28, 29, 40, 41, 42 and 43 and the handicapped space marked "Stone" (provided it is used only by a disabled employee) on Exhibit "B-3" for parking of its vehicles and those of its employees. Within ten (10) days after a request by Landlord, Tenant shall deliver to Landlord a list of Tenant's and its employees' automobiles, which such list shall set forth the description of and the license numbers assigned to such automobiles and their state of issue. Thereafter, Tenant shall promptly advise Landlord of any changes, additions or deletions in such list. If any automobile appearing on said list is parked in any area of the Building Landlord's Parcel other than the common areas and facilities included area designated by Landlord at any time after Landlord has given notice to Tenant that the same automobile has previously been parked in violation of this provision, then Tenant shall pay to Landlord the Building together with sum of Ten Dollars ($10) per day for each such easements automobile for ingress and egress as are necessary for each day (or part thereof) it is parked in violation of this provision. Tenant shall pay such sum to Landlord within ten (10) days after receipt of notice from Landlord. In addition to the foregoing, Tenant hereby authorizes Landlord in such event to attach violation stickers or notices to any of Tenant’s use and occupancy 's automobiles, or automobiles belonging to Tenant's employees parked in violation of the Premisesforegoing covenant and to remove from the Landlord's Parcel at Tenant's cost and expense any such automobiles that are parked in parking spaces designated by Landlord as "Visitor" spaces or for the exclusive use of other tenants of the Building. Tenant hereby waives and releases Landlord and hereby indemnifies and holds Landlord harmless from all claims, liabilities, costs and expenses which may arise therefrom.
Appears in 1 contract
Common Areas. Subject Tenant, its employees and invitees may, except as ------------ otherwise specifically provided in this Lease, use the common areas of the Building as such common areas may be designated from time to Article 6 time by Landlord (the "Common Areas"), in common with other persons for ingress and egress and open-space purposes and for other purposes specifically designated by Landlord during the term of this Lease, which use shall be subject to the restrictions set forth in this Lease (including, without limitation, the Rules and Regulations) and any further reasonable restrictions promulgated by Landlord from time to time. Landlord shall make available at all times have the right and privilege of determining the nature and extent of the Common Areas and of making such changes therein and thereto from time to time which, in its reasonable opinion, are deemed to be desirable and for the best interests of all persons using the Common Areas and of Landlord, including, without limitation, the withdrawal of any portion thereof and the relocation of driveways, entrances, exits, corridors, automobile parking spaces (if any), the direction and flow of traffic, installation of prohibited areas, landscaped areas, and all other facilities thereof. Nothing contained herein shall be deemed to create any liability upon Landlord for any injury to or death of persons or for damage to or destruction of property, including, without limitation, for any damage to motor vehicles of Tenant, its customers or employees, or for loss of property from within such motor vehicles, unless caused by the negligence of Landlord, its agents, contractors, servants or employees. Landlord shall at all times during the term of this Lease, such automobile parking Lease have the sole 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 exclusive control of the Common Area Areas and may at any time and from time to time during the term hereof exclude and restrain any person from use or occupancy thereof excepting, however, bona fide invitees of Tenant and other tenants of Landlord who make use of said Common Areas in accordance with the Rules and Regulations pertaining thereto. The rights of Tenant hereunder in and to the Common Areas shall at all times be subject to the exclusive control and management rights of Landlord and other tenants of Landlord who use the same in common with Tenant, and it shall be the duty of Tenant to keep all the Common Areas free and clear of any obstructions created or such other persons permitted by Tenant or nominees as Landlord may have delegated or assigned resulting from Tenant's operation, and 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 permit the safety use of any 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 of the Building the common areas and facilities included in the Building together with such easements Areas only for ingress and egress as by the invitees of Tenant to and from the Building. If, in the opinion of Landlord, unauthorized persons are necessary for Tenant’s use and occupancy using the Common Areas by reason of the presence of Tenant in the Leased Premises, Tenant, upon demand of Landlord, shall correct such situation by appropriate action or proceedings against all such unauthorized persons. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized persons from said areas or to prevent the use of any of said areas by unauthorized persons.
Appears in 1 contract
Sources: Lease (Genesys Telecommunications Laboratories Inc)
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 the Common Areas with other Tenants tenants in the Building, subject to the Rules and Regulations. As used herein, the term “Common Areas” shall include, but not be limited to, the common entrances, lobbies, automobile parking spaces, restrooms, elevators, stairways and access ways, loading docks, ramps, drives and platforms, passage ways and service ways, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas appurtenant to the Building. Landlord hereby reserves the right from time to time to make any changes to the Building and Common Areas as Landlord, in its sole and absolute discretion may deem appropriate, including, without limitation, the withdrawal and direct lease of any portion of the Building Common Areas and the common areas relocation of driveways, entrances, exits, corridors and/or automobile parking spaces, the direction and flow of traffic, installation of prohibited areas, landscaped areas, and all other facilities included in thereof. Nothing contained herein shall be deemed to create any liability upon Landlord for any injury to or death of persons or for damage to or destruction of property, including without limitation, for any damage to motor vehicles of Tenant, its customers or employees, or for loss of property from within such motor vehicles unless caused by the Building together with such easements for ingress sole active negligence of Landlord, its agents, servants, or employees; it being understood that any person’s use of the parking facilities or Common Areas shall be at their sole risk. Landlord shall at all times during the Lease Term have sole and egress as are necessary for exclusive control of the Common Areas and may at any time and from time to time exclude and restrain any person from use or occupancy thereof. Tenant shall keep the Common Areas free and clear from any obstructions created or permitted by Tenant or resulting from Tenant’s use and occupancy of the Premises. If, in the opinion of Landlord, unauthorized persons are using the Common Areas by reason of the presence of Tenant in the Premises, Tenant shall at Tenant’s sole cost, risk and expense, promptly upon demand by Landlord, correct such situation by action or proceeding against all such unauthorized persons.
Appears in 1 contract
Sources: Lease Agreement (Rentech Inc /Co/)
Common Areas. Subject to Article 6 In accordance with the terms of this Lease, Landlord shall make available at all times grants to Tenant and its agents, servants, employees, guests, invitees and patrons a non-exclusive license during the term Term of this Lease to use the Common Areas in common with others for their intended purposes (e.g. access, ingress and egress), subject to the reasonable control and management thereof by Landlord. Subject to the other terms of this Lease, such automobile parking Tenant's rights to use the Common Areas shall remain in full force and effect during the Term of this Lease and shall only be terminated upon the expiration or earlier termination of this Lease. Landlord shall, at Landlord's sole cost and expense, operate and maintain or shall cause to be operated and maintained the Hotel in accordance with the terms and conditions of the License Agreement, specifically including, but not limited to, the requirements set forth in Section 5 thereof. Landlord has the right at any time, and from time to time, to (i) establish, modify and enforce reasonable rules and regulations with respect to the Common Areas; (ii) enter into, modify and terminate easements and other common areas within agreements pertaining to the exterior boundaries use and maintenance of the land and Building of which the Premises are a part. The term “Common Area(s)” shall mean Areas; (iii) close temporarily any or all the portions of the Building which are not specifically leased Common Areas; (iv) discourage non-customer use; and (v) do and perform such other acts in and to said Common Areas, as, in the exercise of good business judgment, Landlord shall determine to be advisable; PROVIDED, HOWEVER, no such rule, regulation or specifically available for lease action of Landlord shall materially and adversely interfere with Tenant's, its agents, servants, employees, guests, invitees and patrons access to tenants and which have the Premises, including the license to utilize the Common Areas, or Tenant's ongoing business operations 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 Premises. Landlord shall not be deemed to limit allow buildings, structures, landscaping, kiosks, stands or other vending or obstructions in 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 located within fifty (50) feet 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 all exterior walls of the Common Area Premises (regardless of whether such walls are on the exterior 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 interior of the Building Hotel and/or Casino) (the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premises"View Easement Area").
Appears in 1 contract
Common Areas. Subject (a) The Landlord agrees to Article 6 of this Leasemaintain parking areas, Landlord shall make available at all times during the term of this Leasesidewalks, such automobile parking roadways, exits and other common areas within the exterior boundaries entrances of the land and Building of which the Premises are a partshopping center. 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 right, as an appurtenance to the Premises, to use the parking areas, roadways, sidewalks, entrances and exits and other common facilities within the shopping center in common with other Tenants others entitled to the use thereof, in accordance with and subject to the provisions of this lease and such reasonable regulations with respect to the use thereof as the Landlord shall from time to time establish. The Landlord may make from time to time reasonable changes in any of the Building the common areas and facilities included in the Building together shopping center, which in the sole judgment of the Landlord, will not detract from the usefulness or attractiveness of such common facilities, except Landlord will not construct any new buildings in the area designated the "No Build Area" on Exhibit "A". The Tenant agrees not to cause or permit any obstruction or other interference with such easements for ingress any roadway, sidewalk, or other common facility appurtenant to the Premises. No trucks or other delivery vehicles shall park or be permitted to park in the parking areas within the shopping center, and egress as are necessary for Tenant’s use all loading or unloading of merchandise, supplies, fixtures, equipment and occupancy furniture shall be done at and through the proper service entrance or entrances in the rear or the side of the Premises.
(b) The Landlord agrees during the term hereof to operate, manage and maintain all such parking areas, roads, and other common facilities within the Shopping Center, exclusive of the parking areas and landscaping in the Premises, if any, and to maintain the landscaping, drainage and lighting facilities therefor, all in such manner and at such cost as the Landlord in its sole judgment may determine, it being understood and agreed that the Landlord shall not be liable for any inconvenience or interruption of business or other consequence resulting from the making of repairs, replacements, improvements, alterations or additions or by doing of any other work with respect to such common facilities, where such delay or failure is attributable to strikes or other labor conditions, inability to obtain labor or materials or services, or to any other cause beyond the Landlord's reasonable control.
(c) The Tenant agrees to require its employees to park their cars only in such areas as the Landlord may from time to time designate as employees' parking areas.
(d) Common area shall mean all service areas, parking areas, accessways, sidewalks, common area lighting systems, landscape areas, common area utility systems, directional and pylon signs and like items. Tenant, as additional rent, agrees to pay to Landlord, without offset or deduction, in equal monthly installments on the first day of each and every calendar month during the primary term hereof and any extension periods, (pro-rata for that portion of the calendar month in which the term hereof shall commence, if such portion is shorter than a full month) as its share of the cost to Landlord of keeping and maintaining the parking areas and other common facilities, the annual amount equal to Tenant's pro-rata share as defined hereinafter of all costs and expenses of every kind and nature as may be paid, incurred or amortized by Landlord in operating, managing, equipping, lighting, repairing, replacing and maintaining the common areas including but not limited to, parking areas, common facilities and related services, properly identification and traffic signs, and in policing the Shopping Center and affording protection thereof against fire (if and to the extent that such policing and/or fire protection is provided) as determined in accordance with generally accepted accounting principles and allocated to any particular fiscal year on the accrual method of accounting. Such costs and expenses shall include, but shall not be limited to: maintaining, cleaning, snow plowing, sanding, salting, and lighting the parking area and other common areas; costs and expenses of planting, replanting and replacing flowers and landscaping; water and sewerage charges; premiums for liability, property damage, fire and workmen's compensation insurance including an allocation by Landlord's insurance advisor for claims paid or to be paid by Landlord under Landlord's retention (beneath Landlord's insurance deductible); wages, unemployment taxes; social security taxes; personal property taxes; fee for required licenses and permits; supplies, operation of loud speakers and any other equipment used in the operation, repair and maintenance of the common areas, common facilities and related services; and administrative costs equal to fifteen percent (15%) of the total costs paid or incurred by Landlord under this Paragraph, but there shall be excluded depreciation of the original costs of constructing, erecting and installing the common areas, common facilities and related services. Tenant's pro-rata share of the costs and expenses referred to herein shall be that same percentage as set forth hereinbefore relating to Tenant's share of Real Estate Taxes. During the first lease year, the Tenant shall pay Landlord the annual sum of $36,480.00, payable monthly in advance, together with the payments of rent due hereunder, in the sum of $3,040.00 per month. These amounts are based on the Premises consisting of 32,000 square feet and shall be proportionately reduced if the Premises are reduced in size. If Landlord shall determine that any sums are owed it after the end of Landlord's fiscal year, Landlord shall furnish to Tenant a statement in reasonable detail of the actual common area costs and expenses paid or incurred by Landlord during such period prepared in accordance with generally accepted accounting principles by Landlord, and thereupon there shall be an adjustment between Landlord and Tenant in the event that such pro-rata share shall be greater or less than the amount paid by Tenant as the case may require to the end that Landlord shall receive the entire amount of Tenant's pro-rata share of such costs and expenses. At the end of each fiscal year during the term hereof, Landlord may adjust Tenant's monthly common area maintenance payment so that the amount shall equal one-twelfth of Tenant's annual pro-rata share as set forth in Landlord's most recent statement. Such statement shall be conclusive between the parties. Landlord reserves the right to change its fiscal year.
Appears in 1 contract
Common Areas. Subject All parking areas, access roads and facilities furnished, made available or maintained by Landlord in or near the Hotel Complex, including employee parking areas, truck ways, driveways, loading docks and areas, delivery areas, multi-story parking facilities, package pickup stations, elevators, escalators, pedestrian sidewalks, courts and ramps, landscaped areas, retaining walls, stairways, lighting facilities, sanitary systems, utility lines, water filtration and treatment facilities, those areas within and adjacent to Article 6 the Hotel Complex for ingress and egress to and from the Hotel Complex, which from time to time may be provided by Landlord or others for the convenience, use or benefit of this Leasethe tenants of the Hotel Complex, Landlord, the occupants and visitors of the Hotel Complex and their respective concessionaires, agents, employees, customers, invitees and licensees, those areas, if any, upon which temporary or permanent off-site utility systems or parking facilities serving the Hotel Complex, may from time to time be located and other areas and improvements provided by Landlord for the general use in common of tenants and their customers in the Hotel Complex (all herein called “Common Areas”) 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, and Landlord shall have the right, from time to time, to establish, modify and enforce reasonable rules, regulations and requirements with respect to all Common Areas. Tenant agrees to comply with, and to cause Tenant’s employees and contractors to comply with, all rules, regulations and requirements set forth by Landlord, and all amendments thereto, relating to the Common Areas, Premises or Hotel Complex. So long as the same does not materially and adversely affect Tenant’s access, ingress and egress to the Premises, Landlord shall have the right from time to time to: change or modify and add to or subtract from the sizes, locations, shapes and arrangements of parking areas, entrances, exits, parking aisle alignments and other Common Areas; designate parking areas for Landlord, Landlord’s employees and tenants, and/or limit the total number of such employee spaces; restrict parking by Tenant and Tenant’s employees to designated areas; construct surface, sub-surface or elevated parking areas and facilities; establish and from time to time change the level or grade of parking surfaces; add to or subtract from the buildings in the Hotel Complex; eliminate such access as may, from time to time, be available to the Hotel Complex; and do and perform such other persons or nominees acts in and to said Common Areas as Landlord may have delegated or assigned to exercise such management or control, in whole or in partLandlord, in Landlord’s place sole and steadabsolute discretion deems advisable for the use thereof by tenants and their customers. Tenant further acknowledges that this Section 5.1 shall be for the benefit of, and directly enforceable by, Landlord. Landlord makes shall provide Tenant, throughout the Lease Term and at no representation charge, with ten (10) reserved parking spaces, or warranty whatsoever ten (10) spaces within a separate, secured parking area on Hotel grounds. In the event that Landlord determines, in Landlord’s sole and absolute discretion, to provide parking or transportation facilities for the Hotel Complex, Landlord may charge a fee to users thereof and may impose and enforce such uniform rules and regulations concerning the safety use thereof (including a prohibition of the Common Area or the adequacy of any security system which is or may be instituted for the Common Areause by tenant’s employees) as Landlord may, in Landlord’s sole and absolute discretion, deem desirable. In no event Landlord shall Tenant have the right at any and all times to sell utilize portions of Common Areas for promotions, exhibits, entertainments, product and other shows, displays, the leasing of kiosks or solicit food and/or beverage facilities, or such other uses as may in any manner Landlord’s judgment tend to attract the public to benefit the Hotel Complex. Except as specifically otherwise provided in the Common Area. As long as Tenant is not in default under this Lease, Tenant shall have Landlord may do such other acts in and to the non-exclusive right Hotel Complex and those Common Areas located on the Hotel Complex as in Landlord’s sole and absolute discretion may be desirable, including, but not limited to, the conversion of portions thereof to use in common with other Tenants of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesuses.
Appears in 1 contract
Sources: Lease (Premier Exhibitions, Inc.)
Common Areas. Subject to Article 6 of this Lease(a) All areas, Landlord shall make available at all times during space, equipment and services provided by Lessor, if any, for 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 and benefit of more than one tenant or concessionaire Lessor and the occupants of the Building, their respective employees, agents, customers and invites, including any without limiting the generality of the following foregoing, exterior Building surfaces, support and all structural elements, roof, parking areas, driveways, passages, loading docks, sidewalks, ramps, open and enclosed courts and halls, landscaped areas, signs (except for Lessee's sign, if any, as described in Paragraph 37 herein below), exterior stairways, retaining walls, rest-rooms not located within the specific recitation leased premises of which any tenant and other areas and improvements provided by Lessor for the common use of Lessor and tenants 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 Lessor. Lessor shall have the right to police the Common Areas; to change the area level, location and arrangement of parking areas, and other facilities; to reasonably restrict parking by Lessee; to close all or any portions of said Common Areas or facilities to such extent as may be legally sufficient to prevent a dedication thereof or the accrual of any right to any person or the public therein; and to temporarily close all or any portion of the parking areas or facilities to discourage non-customer parking. Lessor shall also have the right to make changes, additions, deletions, alterations and improvements in and to the Common Areas, or any portion thereof, and there shall be no reduction in the rent or other persons sums due under this Lease as a result of any of the same except any decrease or nominees change in parking spaces requires Lessee's written consent. Lessor shall operate and maintain the Common Areas in such manner as Landlord Lessor in its discretion shall determine, and Lessor shall have full right and authority to employ and discharge all personnel with respect to the operation and maintenance of the Common Areas. Lessee agrees to comply with all rules and regulations which may have delegated or assigned from time to exercise such management or control, in whole or in part, in Landlord’s place time be promulgated by Lessor with respect to the operation and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety use of the Common Area services being furnished the Building unless due to the negligence of Lessor, provided no such failure or interruption shall entitle Lessee to terminate this Lease or entitle Lessee to any right of setoff against the adequacy payment of rent or 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 other sums due from Lessee under this Lease.
(b) Lessor shall not be liable for any damage of any nature whatsoever to, Tenant or any theft of, automobiles or other vehicles or the contents thereof, while in or about the parking areas located within the Common Areas or the property, unless caused by negligence of Lessor.
(c) Notwithstanding anything herein to the contrary, Lessor shall have not be obligated to provide any type of security in or about the non-exclusive right to use in common with other Tenants of Premises, the Common Areas, the Building or the common areas Property for Lessee, its customers, guests, contractors, concessionaires, agents, lessees or invitees, or guarantee the safety or security of Lessee, its customers, guests, contractors, concessionaires, agents, lessees or invitees. If Lessor is made a party to any litigation commenced as a result of Lessor's alleged failure to provide security personnel for Lessee, its customers, guests, contractors, concessionaires, agents, lessees or invitees, then Lessee shall protect, defend and facilities included hold Lessor harmless and shall pay all costs, expenses and attorney's fees incurred or paid by Lessor in the Building together connection with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premiseslitigation, including all appeals therefrom.
Appears in 1 contract
Sources: Lease Agreement (Divine Skin Inc.)
Common Areas. Subject to Article 6 The use and occupation by Tenant of the Premises in accordance with the terms of this Leaselease shall include a right to use the Common Areas in common with other tenants of the Project; subject, however, to the terms and conditions of this Lease and to the Rules and Regulations for the use of the Premises and the Common Areas which are attached hereto as Exhibit "C" and made a part hereof as the same may be reasonably amended by Landlord from time to time, with which Tenant covenants and agrees to comply. All Common Areas shall make available be subject, at all times during the term of this Leasetimes, 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 by Landlord, and Landlord or such other persons or nominees as shall have the right from time to time to change the dimensions and location and to establish, modify and enforce reasonable rules and regulations with respect to all Common Areas. 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 construct additional buildings or solicit in any manner in improvements, construct additional stories on existing buildings and to maintain, and operate lighting facilities on all said areas and improvements; to change the area, level, location and arrangement of parking areas and other facilities and to restrict parking by Tenant or tenants and their officers, agents, employees and contractors to designated parking area. Landlord also reserves the right to dedicate portions of the Common AreaAreas for streets, parks, utilities or other public areas, PROVIDED, HOWEVER, IN NO EVENT SHALL THE PARKING RATIO FOR TENANT BE REDUCED BELOW A RATIO OF ONE SPACE PER 300 SQUARE FEET LEASED. As long as Tenant is not in default under this Lease, Tenant shall have If the non-exclusive right to use in common with other Tenants amount of the Building the common areas and facilities included in the Building together with Common Areas is diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or abatement of Basic Rental or Additional Rent, nor shall such easements for ingress and egress as are necessary for Tenant’s use and occupancy diminution of the PremisesCommon Areas be deemed an actual or constructive eviction.
Appears in 1 contract
Common Areas. Subject Except as otherwise set forth in Section 6.02(b) above with respect to Article 6 issues arising out of the American with Disabilities Act (which section shall specifically govern such issues) or as set forth in Section 6.02(a) above with respect to issues relating to Hazardous Materials (which section shall specifically govern such issues), notwithstanding any provision in Section 5 of the Lease to the contrary (a) Landlord, at its sole cost and expense (except as set forth herein below), shall be responsible for correcting any violations of applicable Laws with respect to the Common Areas (including, without limitation those portions of the Base Building therein) to the extent (i) such violations exist in the Common Areas prior to the Expansion Effective Date, (ii) the correction of such violations is required as a result of the Tenant Improvement Work (defined in Exhibit B hereto), or (iii) the correction of such violations is required on a Building-wide basis by applicable Law and not required as a result of (1) the specific nature of the Tenant’s use of the Expansion Space (other than the Permitted Use) or (2) an Alteration or improvement in the Expansion Space which is performed by or on behalf of Tenant (other than the Tenant Improvement Work defined in Exhibit B hereto); provided, however, that (b) with respect to the Common Areas (including, without limitation those portions of the Base Building therein), Tenant shall cause (or, at Landlord’s option, Tenant shall reimburse Landlord for the reasonable cost of causing): (i) compliance which is required as a result of the specific nature of Tenant’s use of or business in the Expansion Space (other than the Permitted Use); (ii) compliance which is required as a result of the acts or omissions of Tenant, its agents, employees or contractors whether pursuant to the terms hereof or the Lease (other than the mere act of making repairs, alterations, additions or improvements and applying for permits for the same, which actions shall be governed by subsection (iv) below); (iii) compliance which is required as a result of the Tenant’s arrangement of any furniture, equipment or other property in the Expansion Space; or (iv) compliance which is required as a result of an Alteration or improvement in the Expansion Space performed by or on behalf of Tenant (other than the Tenant Improvement Work defined in Exhibit B hereto). Any costs incurred by Landlord pursuant to (and not directly reimbursed by Tenant to the extent required by) this Section 6.02(c)(2)) shall be included in the definition of Expenses only to the extent expressly permitted pursuant to Section 2 of Exhibit B to the Lease; provided, however, that, solely for purposes of calculating Tenant’s Pro Rata Share of Expenses for the Expansion Space, any references in Sections 2.01(i), 2.02(h) and 2.02(r) thereof to “the date 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 be interpreted to 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 AreaExpansion Effective Date”): 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 of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premises.
Appears in 1 contract
Sources: Lease Agreement (Netsuite Inc)
Common Areas. Subject Landlord hereby grants to Article 6 Tenant for the common use of this Lease------------ Tenant, Landlord shall make available at all times during its customers, employees, agents and invitees together with other tenants of the term of this LeaseBuilding, such automobile parking their customers, employees, agents and other invitees throughout the Lease Term, the right to use the common areas within the exterior boundaries of the land and Building of which the Premises are a partBuilding. The term “"Common Area(sArea," as used herein, shall refer to all portions of ----------- the Building (except for the areas specifically leased to Tenants)” shall mean , including, but not limited to, all aisles, corridors, stairways, entrances, sidewalks, roofs, atriums, elevators, and all utility, mechanical, services, systems, fixtures and facilities used in common by the portions tenants of the Building which are not specifically leased and situated within 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 servicing the Building, including any of the following (the specific recitation of which shall not be deemed to limit the definition of “. The 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 Areas shall be subject to the exclusive control and management of Landlord and Landlord shall have the right to establish reasonable rules and regulations with respect to the Common Areas, to modify, change and rescind the same, from time to time, provided such rules and regulations shall not be established or such other persons or nominees as Landlord may have delegated or assigned enforced in a manner that unreasonably diminishes Tenant's rights 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 materially adversely affects Tenant's access to the adequacy Premises or to the parking facilities, and to enforce-the same under the terms of any security system which is or may be instituted for the Common Areathis Lease, and Tenant covenants and agrees to abide by and conform with, and Tenant shall use reasonable efforts to cause its employees, agents, tenants, sublessees, assignees, representatives, guests, licensees and invitees to abide by and conform with, such rules and regulations subject to Section 17.14. In no event Landlord shall Tenant have the right to sell or solicit in any manner in use the Common Area. As long as Areas for charitable or commercial events at reasonable times without obligation or compensation to Tenant is provided such uses do not in default under this Lease, Tenant shall have the non-exclusive right materially interfere with Tenant's access to or use in common with other Tenants of the Building Premises or its quiet enjoyment thereof. Landlord shall not alter the common areas and Common Area in such a manner as to materially interfere with the conduct of Tenant's business on the Premises or Tenant's access to the Premises or to the parking facilities included without Tenant's consent which Tenant may withhold in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesits sole discretion.
Appears in 1 contract
Common Areas. (a) Subject to Article 6 the provisions of this LeaseSections 6.8 and 6.9, Landlord Lessee shall make available at have the nonexclusive, shared right to the reasonable use of 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 Areas as described on Exhibit 2.1(a) attached for the benefit of more than one tenant or concessionaire of the Buildingpurposes intended, including any of the following (the specific recitation of which use 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 compliance with all Applicable Laws and other public facilities; Other Requirements 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 terms of this Land Lease and to the Rules and Regulations. Lessee shall not interfere with the rights of any or all of Lessor, Lessor’s Agents, other lessees or licensees, or any other person entitled to use the Common Areas, including any excessive use thereof by Lessee or Lessee’s Agents.
(b) Lessor shall at all times have 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 AreaAreas. 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 Lessor shall have the non-exclusive right, exercisable in its sole and absolute discretion and without the same constituting an actual or constructive eviction and without entitling Lessee to any abatement of Rent or other right to use in common with other Tenants or remedy, so long as none of the Building following prevents or unreasonably restricts Lessee from operating the common areas and facilities included Lessee Business on the Leased Premises, to: (i) close any part of the Common Areas to whatever extent required in the Building together opinion of Lessor to prevent a dedication thereof or the accrual of any prescriptive rights therein or to permit the holding of events or permit the temporary use thereof for charitable or commercial purposes; (ii) temporarily close the Common Areas to perform repairs or maintenance or for any other reason deemed sufficient by Lessor; (iii) change the shape, size, location and extent or hours of operation of the Common Areas; (iv) eliminate from or add to the Property any land or improvement; (v) make changes to the Common Areas (except for the location of Access Roads which is governed by Section 6.9), including, without limitation, changes in the location of Site Amenities, entrances, passageways, doors and doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, sidewalks or the direction of the flow of traffic and the site of the Common Areas; (vi) remove unauthorized persons from the Common Areas, the Leased Premises and the Property; and/or (vii) change the name or address of the Property. Lessee shall keep the Common Areas clear of all obstructions, debris or rubbish created or permitted by Lessee. If, in the reasonable opinion of Lessor, unauthorized persons are using any of the Common Areas by reason of the presence of Lessee at the Property, Lessee, upon demand of Lessor, shall restrain such unauthorized use by appropriate proceedings. In exercising any such rights regarding the Common Areas, Lessor shall make a reasonable effort to minimize any disruption to the Lessee Business.
(c) The easements, licenses and rights of use granted to Lessee pursuant to Sections 6.7, 6.8, 6.9 and this Section 6.10 and otherwise pursuant to this Land Lease (collectively, “Licenses”) shall expire and completely and automatically terminate (without any further action or instrument) upon the expiration or sooner termination of the Term. In Lessee’s use of the Licenses, Lessee shall cooperate with such easements for ingress Lessor to create as little interference as practicable with Lessor’s operations on, and egress as are necessary for TenantLessor’s use and occupancy enjoyment of, the Property. Lessee shall not cause or permit any damage or injury to occur to the portion of the PremisesProperty that is subject to the Licenses, or any part thereof or person or property located thereon. Lessee shall be solely responsible for any damage caused by Lessee (or any officer, director or employee, agent, licensee or invitee thereof) to any of the Common Areas and, upon Lessor’s request, shall promptly repair any such damage or promptly pay the cost of such repair to Lessor, as elected by Lessor.
Appears in 1 contract
Sources: Lease Agreement (Arconic Inc.)
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 In connection with its lease 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 LeasePremises, Tenant shall have the non-exclusive right, together with other tenants and occupants and invitees, to use of the portions of the Land that are for the non-exclusive use of the tenants, occupants and invitees of the Building, including but not limited to elevators, stairwells, common hallways, lobbies, sidewalks, driveways, and parking lots (collectively the “Common Areas”) for reasonable ingress to and egress from the Premises or the normal use thereof, subject to the other provisions of this Lease including, without limitation, the Rules and Regulations attached as Exhibit C, as the same may be revised from time to time. The Common Areas are not for the use of the general public and Landlord shall in all cases retain the right to control and prevent access thereto by all persons whose presence, in the judgment of Landlord shall be prejudicial to the safety, character, reputation and interests of the Building and Land and the tenants. In addition, Landlord reserves the right to restrict anyone, including Tenant, its employees, agents and invitees from and Tenant, its employees, agents and invitees are hereby restricted from certain areas of the Building designated by Landlord (including but not limited to the roof, mechanical, electrical, and utility rooms and risers) even though the same may be used by Landlord for the benefit of the tenants of the Building. Landlord reserves the right to use in common with other Tenants any portion of the Building Common Areas from time to time and/or to deny access to the common areas same temporarily in order to repair, maintain or restore such facilities or to construct improvements under, over, along, across and facilities included in upon the Building together with same and to relocate such easements Common Areas, for ingress and egress as are necessary for Tenant’s use and occupancy the benefit of the PremisesBuilding, the Land, and other tenants, so long as reasonable access to the Premises and reasonable alternative parking is provided. Landlord shall have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or locations of the Common Areas, including entrances, driveways, and parking areas so long as reasonable access to the Premises and reasonable alternative parking is provided.
Appears in 1 contract
Sources: Lease Agreement (Spacedev, Inc.)
Common Areas. Subject to Article 6 All private sidewalks, lighting facilities, hallways, stairways, lobbies, elevators, restrooms and other areas and improvements provided by Landlord for the general use in common of this Lease, Landlord lessees and their customers in the Building (all herein collectively called the “Common Areas”) 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 controlLandlord; provided, in whole or in parthowever, in that Landlord’s place exclusive control and stead. Tenant acknowledges that management of the Common Areas shall not be deemed an undertaking by Landlord makes no representation to ensure or warranty whatsoever concerning be a guaranty of the safety of the Common Area Tenant or any of its agents, employees, contractors, customers or invitees, or the adequacy property of any security system which is or may be instituted for the Common Areasuch parties. 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 the Common Areas, in common with other Tenants lessees in the Building, subject to the Rules and Regulations (as hereinafter defined). If the size or configuration of the Building Common Areas is diminished or altered, Landlord shall not be liable to Tenant on account thereof nor shall Tenant be entitled to any compensation or reduction or abatement of the common areas Rent, and facilities included any such diminution or alteration shall not be considered a constructive or actual eviction. Tenant also agrees that Landlord shall have the right to do and perform such acts in and to the Common Areas as Landlord, in the Building together with such easements for ingress exercise of its good faith business judgment, shall determine from time to time to be advisable. Landlord shall use commercially reasonable efforts to ensure that Landlord’s control of and egress as are necessary for acts within the Common Areas do not materially hinder access to, nor materially diminish Tenant’s quiet enjoyment or use and occupancy of, the Premises. To the extent permitted by law, Tenant may use the Building’s fire stairs connecting the floors of the Premises as convenience stairs for inter-floor access within the Premises. To the extent permitted by law and provided Landlord’s keycards continue to provide access, Tenant may install an internal key card system as part of this right at Tenant’s expense. Landlord may require that any system so installed by Tenant be compliant, compatible, and installed in a coordinated manner with Landlord’s fire and security systems, including giving the main Building system the ability to lock or unlock the doors in the event of an emergency or test. Tenant’s indemnity obligations under Section 18(a) of the Lease are hereby expanded to include accidents or occurrences in or about the stairwell, in addition to in or about the Premises. At Landlord’s request, Tenant shall be required to remove Tenant’s card key access system and restore any damage caused thereby upon the expiration or earlier termination of the Lease. Any alterations that Tenant desires to perform in the Building’s stairwells must be compliant with code and may only be made with Landlord’s prior written consent.
Appears in 1 contract
Sources: Office Building Lease (GrubHub Inc.)
Common Areas. Subject Landlord hereby grants to Article 6 Tenant, for the benefit of this LeaseTenant and its employees, Landlord shall make available at all times suppliers, shippers, customers and invitees, 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 use, in common with other Tenants others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Building or the common areas Complex and facilities included subject to the requirements and limitations on the use of parking areas. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areas. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord’s designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur then Landlord shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord. During the Lease Term, Tenant may use, in common with Landlord’s employees, contractors, agents, invitees, and other tenants, those portions of the Building together with such easements that are designated by Landlord from time to time as be available for ingress common use (the “Common Facilities”). The Common Facilities include certain conference and egress as are necessary for training rooms designated by Landlord from time to time. Notwithstanding the foregoing, Tenant’s use of any Common Facilities shall be subject to such rules regarding scheduling and priority as may be promulgated by Landlord from time to time. Tenant shall cause its employees, invitees, guests and contractors to use the Common Facilities (i) in a clean, safe and sanitary manner, (ii) in such a way as to minimize interference with any other party’s use of any Common Facilities or its occupancy in the Building, and (iii) comply with such rules and regulations now or hereafter in existence or established by Landlord form time to time for the common and shared use of the PremisesCommon Facilities. The cost of the Common Facilities shall be included in Operating Expenses except for expenses directly incurred by Tenant in connection with its use, which shall be paid by Tenant. Landlord reserves the right in its sole and absolute discretion to close, reduce or expand the Common Facilities at any time and from time to time.
Appears in 1 contract
Common Areas. (a) Subject to Article 6 subparagraph (b) below and the remaining provisions 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 right, in common with others, to the use of such entrances, lobbies, fire vestibules, restrooms (excluding restrooms on any full floors leased by a tenant), mechanical areas, ground floor corridors, elevators and elevator foyers, electrical and janitorial closets, telephone and equipment rooms, loading and unloading areas, the Property’s plaza areas, if any, ramps, drives, stairs, and similar access ways and service ways and other Tenants of the Building the common areas and facilities included in and adjacent to the Building together with and the Property as are designated from time to time by Landlord for the general nonexclusive use of Landlord, Tenant and the other tenants of the Property and their respective employees, agents, representatives, licensees and invitees (“Common Areas”). The use of such easements Common Areas shall be subject to the rules and regulations contained herein and the provisions of any covenants, conditions and restrictions affecting the Building or the Property. Tenant shall keep all of the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant’s operations, and shall use the Common Areas only for normal activities, parking and ingress and egress by Tenant and its employees, agents, representatives, licensees and invitees to and from the Premises, the Building or the Property. If, in the reasonable opinion of Landlord, unauthorized persons are using the Common Areas by reason of the presence of Tenant in the Premises, Tenant, upon demand of Landlord, shall correct such situation by appropriate action or proceedings against all such unauthorized persons. Nothing herein shall affect the rights of Landlord at any time to remove any such unauthorized persons from said areas or to prevent the use of any of said areas by unauthorized persons. Landlord reserves the right to make such changes, alterations, additions, deletions, improvements, repairs or replacements in or to the Building, the Property (including the Premises), the Centre and the Common Areas as are Landlord may reasonably deem necessary for or desirable, including, without limitation, constructing new buildings and making changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading areas, landscaped areas and walkways; provided, however, that (i) there shall be no unreasonable permanent obstruction of access to or use of the Premises resulting therefrom and the same shall not materially increase Tenant’s obligations or materially impair its rights hereunder, and (ii) Landlord shall use commercially reasonable efforts to minimize any interruption with Tenant’s use and occupancy of the Premises. Notwithstanding any provision of this Lease to the contrary, the Common Areas shall not in any event be deemed to be a portion of or included within the Premises leased to Tenant and the Premises shall not be deemed to be a portion of the Common Areas. This Lease is granted subject to the terms hereof, the rights and interests of third parties under existing liens, ground leases, easements and encumbrances affecting such property, all zoning regulations, rules, ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction over the Property or any part thereof.
(b) Notwithstanding any provision of this Lease to the contrary, Landlord specifically reserves the right to redefine the terms “Centre” and “Property” for purposes of allocating and calculating Operating Expenses so as to include or exclude areas as Landlord shall from time to time determine or specify (and any such determination or specification shall be without prejudice to Landlord’s right to revise thereafter such determination or specification). In addition, Landlord shall have the right to contract or otherwise arrange for amenities, services or utilities (the cost of which is included within Operating Expenses) to be on a common or shared basis to both the Property (i.e., the area with respect to which Operating Expenses are determined) and other portions of the Centre, so long as the basis on which the cost of such amenities, services or utilities is allocated to the Property is determined on an arms-length basis or some other basis reasonably determined by Landlord and provided, however, that there shall not be a material increase in Tenant’s costs or obligations hereunder as a result thereof. In the case where the definition of the Property or the Centre is revised for purposes of the allocation or determination of Operating Expenses, Tenant’s Proportionate Share shall be appropriately revised. The Rentable Area of the Property and the Centre is subject to adjustment by Landlord from time to time to reflect any remeasurement thereof by Landlord’s architect, at Landlord’s request, and/or as a result of any additions or deletions to any of the buildings in the Centre as designated by Landlord. Landlord shall have the sole right to determine which portions of the Centre and other areas, if any, shall be served by common management, operation, maintenance and repair. Landlord shall have the exclusive rights to the airspace above and around, and the subsurface below, the Premises and other portions of the Building and the Centre.
Appears in 1 contract
Common Areas. Subject Landlord hereby grants to Article 6 of this LeaseTenant, Landlord shall make available at all times during the term of this LeaseLease Term, such automobile parking and other the nonexclusive right to use, in common areas within with all others so entitled, the exterior boundaries Common Areas of the land and Building of which Building. As used herein, the Premises are a part. The term “Common Area(s)Areas” shall mean and include all areas, facilities and improvements provided from time to time for the portions of general, common or joint use on a non-exclusive basis by Landlord, 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 other users 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 including, without limitation, designated parking spaces and facilities utilized parking garages, [ADD IF APPLICABLE common bicycle parking, shower facilities,] pedestrian sidewalks, driveways, curbing, retaining walls, truck-ways, access roads, ramps, loading docks, delivery areas, lobbies and lobby elevator areas, elevators, storm and sanitary sewer systems, signs, landscaped and vacant areas and lighting facilities, except 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 otherwise designated by Landlord for a noncommon use, provided the exclusive use of any portion of the Building which was not included within the tenant or other user. The Common Area shall be so included when so designated and improved for common use. All of the Common Area Areas shall be subject to the exclusive control and management of Landlord or and to such other persons or nominees rules and regulations as Landlord may have delegated or assigned may, from time to exercise such management or controltime, in whole or in part, in adopt. Tenant shall refrain from doing any act which interferes with Landlord’s place exclusive control and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety management of the Common Area Areas or with the adequacy use of any security system which is or may be instituted for the Common AreaAreas by others. In no event shall Tenant have Landlord hereby reserves the right at any time or from time to sell or solicit in any manner in the Common Area. As long as Tenant is time, but using commercially reasonable efforts not in default under this Lease, Tenant shall have the non-exclusive right to use in common unreasonably interfere with other Tenants of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premises., to: (a) change the areas, locations and arrangement of all elements of the Real Property and the Building, including parking areas and other Common Areas, but excluding the space within the Premises; (b) enter into, modify and terminate easements and other agreements pertaining to the maintenance and use of the parking garage and parking areas and other Common Areas; (c) close any or all portions of the Common Areas to such extent and from such time as may, in the sole discretion of Landlord’s counsel, be legally necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; (d) close temporarily, if necessary, any part of the Common Areas in order to discourage non-visitor parking; (e) make changes, additions, deletions, alterations or improvements in and to such Common Areas, provided that there shall be no unreasonable obstruction of Tenant’s right of ingress to or egress from the Premises; and (f) adopt rules and regulations by which Tenant shall abide relating to the use of the Common Areas. [IF APPLICABLE Landlord may demolish buildings and improvements, build additional buildings, add additional floors, change the layout and otherwise change or reduce, if applicable, any building in the complex where the Building is located, the parking areas or Common Areas at any time, as Landlord deems necessary or desirable. ]
Appears in 1 contract
Sources: Lease Agreement
Common Areas. Subject As used in this Lease, the term "common areas" shall mean (i) the following areas within the regional development: the parking areas and facilities, roadways, pedestrian sidewalks, truckways, loading docks, delivery areas, landscaped areas, the enclosed mall, elevators and escalators and stairs and ramps not contained in the lease areas, public bathrooms and comfort stations, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, service and fire exit corridors, retention ponds ( if applicable) and other areas, amenities, facilities and improvements which may be provided by Landlord, (ii) those areas within the regional development and areas adjacent to Article 6 the regional development which from time to time may be provided by the owners of such areas for the convenience and use of Landlord, the tenant of the Shopping Center, the owners and occupants of Major Tenant premises, and their respective concessionaires, agents, employees, customers, invitees and all other licensees and others entitled to use thereof, and (iii) any other facilities or areas, whether within or outside the regional development, as may be designated by Landlord from time to time. This use and occupancy by the Tenant of the lease premises shall include the use of the common areas in common with the Landlord and with all others for whose convenience and use the common areas have been or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, however, to rules and regulations for the use thereof as prescribed from time to time by the Landlord, including Landlord's right to impose parking charges whether by meter or otherwise. In no event, however, shall Tenant, its agents or employees, use the common areas for the display or sale of merchandise. Tenant and its employees shall park their cars only in areas specifically designate d from time to time by Landlord for that purpose. Landlord will designate and area for Tenant's employees' parking and Tenant covenants that it will enforce the parking by its employees in such designated area. Automobile license numbers of employees' cars shall be furnished to Landlord upon Landlord's request. Tenant authorized Landlord to attach violation stickers or notices to and to tow away from the regional development all such cars of Tenant's employees as are improperly parking and agrees to reimburse Landlord for the cost thereof, and to pay the Landlord the sum of Fifty Dollars ($50.00) per day per car for each such car improperly parked. Landlord may at any time close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights in such area or to discourage non-customer parking; and may do such other acts in and to the common areas as in its judgment may be desirable to improve the convenience thereof. All common areas and facilities, other than the leased premises, which Tenant may be permitted to use and occupy pursuant to this Lease are to be used and occupied under a revocable license, and if the amount of such areas be diminished pursuant to 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 liability nor shall Tenant have the right be entitle to sell any compensation or solicit in any manner in the Common Area. As long as Tenant is not in default under this Leasediminution or abatement of rent, Tenant nor shall have the non-exclusive right to use in common with other Tenants diminution of the Building the common such areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesbe deemed constructive or actual eviction.
Appears in 1 contract
Sources: Lease Agreement (Cinema Ride Inc)
Common Areas. Subject to Article 6 of this Lease, Landlord shall make available at all times during (or use commercially reasonable efforts to cause to be made available) throughout the term of this LeaseLease Term such “Common Areas” (including, such automobile but not limited to, parking areas, driveways, truck ways, service drives, service areas, delivery passages, truck-loading areas, access and other common egress roads, walkways, footbridges, landscaped and planted areas within and public rest rooms) as may be shown on the exterior boundaries Site Plan or which are otherwise available for the non-exclusive use of the land and Building of which the Premises are a part. The term “Common Area(s)” shall mean all the portions occupants of the Building which are not specifically leased Real Property. Landlord shall (or specifically available for lease shall use commercially reasonable efforts to tenants cause the same to be done) operate, manage, equip, light, repair, replace 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 maintain the Common Area shall be so included when so designated and improved Areas 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, their intended purposes 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 Areacompliance with all laws. In no event shall use of the Common Areas be conditioned upon payment of parking charges. Tenant and its officers, employees, agents, customers and invitees shall have and Landlord hereby grants a non-exclusive easement (in common with subtenants, licensees, the other occupants of the Real Property and their employees, agents, customers and invitees) to use the Common Areas for the intended purposes (e.g., parking, access, ingress and egress). Tenant shall also have the right to sell or solicit use Landlord’s trash receptacle inside Landlord’s Retail Facility and Landlord shall provide Tenant with reasonable access to same during Landlord’s regular business hours. Tenant shall pay Landlord, within thirty (30) days after receiving written notice, annually each year (and commencing within one year after the Commencement Date), $1200.00 representing reimbursement to Landlord for the reasonable costs and expenses incurred by Landlord during each year of the Lease Term in any manner in operating, repairing, maintaining and insuring 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 Areas of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the PremisesReal Property.
Appears in 1 contract
Common Areas. Subject As used in this Lease, the term “common areas” means, without limitation, the hallways, entryways, parking areas, driveways, walkways, terraces, loading areas, trash facilities and all other areas and facilities in the Project which are provided and designated from time to Article 6 time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and other tenants of the Project and their respective employees, invitees, licensees or other visitors. Landlord grants Tenant, its employees, invitees, licensees and other visitors a nonexclusive license for the Term to use the common areas in common with others entitled to use the common areas, subject to the terms and conditions of this Lease. Without advance notice to Tenant (except with respect to matters covered by Subsection (a) below) and without any liability to Tenant in any respect, Landlord shall make available at all times during will have the term of this Leaseright to:
(a) establish and enforce reasonable rules and regulations concerning the maintenance, such automobile parking management, use and other common areas within the exterior boundaries operation 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 areas;
(b) close off any of the following common areas to whatever extent required in the opinion of Landlord and its counsel to prevent a dedication of any of the common areas or the accrual of any rights by any person or the public to the common areas, provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Premises;
(c) temporarily close any of the specific recitation common areas for maintenance, alteration or improvement purposes;
(d) select, appoint or contract with any person for the purpose of which shall not be deemed to limit operating and maintaining the definition of “Common Area”): common areas, on such terms and conditions as Landlord deems reasonable;
(e) change 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 size, use, shape or nature of any such common areas, provided any portion such change does not deprive Tenant of the Building which was not included within the Common Area shall be so included when so designated substantial benefit and improved for common use. All enjoyment 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 steadPremises. 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 So long as Tenant is not thus deprived of the substantial use and benefit of the Premises, Landlord will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of any concourse, parking spaces, toilets or other public conveniences in default under the Project, without incurring any liability to Tenant or entitling Tenant to any abatement of rent and such action will not constitute an actual or constructive eviction of Tenant; and
(f) erect one or more additional building on the common areas, expand the existing Building or other buildings to cover a portion of the common areas, convert common areas to a portion of the Building (excluding the Premises) or other buildings to common areas. Upon erection of any additional buildings or change in common areas, the portion of the Project upon which buildings or structures have been erected will no longer be deemed to be a part of the common areas. In the event of any such changes in the size or use of the Building or common areas of the Building or Project, Landlord may make an appropriate adjustment in the Rentable Area of the Building or the Building’s pro rata share of exterior common areas of the Project, as appropriate, and a corresponding adjustment to Tenant’s Share of the Operating Expenses payable pursuant to Article 5 of this Lease, Tenant shall have the non-exclusive right to use in common with other Tenants of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesabove.
Appears in 1 contract
Sources: Office Lease (Go Daddy Group, Inc.)
Common Areas. (a) Subject to Article 6 subparagraph (b) below and the remaining provisions 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 right, in common with others, to the use of such entrances, lobbies, fire vestibules, restrooms (excluding restrooms on any full floors leased by a tenant), mechanical areas, ground floor corridors, elevators and elevator foyers, electrical and janitorial closets, telephone and equipment rooms, loading and unloading areas, the Property’s plaza areas, if any, ramps, drives, stairs, and similar access ways and service ways and other Tenants of the Building the common areas and facilities included in and adjacent to the Building together with and the Property as are designated from time to time by Landlord for the general nonexclusive use of Landlord, Tenant and the other tenants of the Property and their respective employees, agents, representatives, licensees and invitees (“Common Areas”). The use of such easements Common Areas shall be subject to the rules and regulations contained herein and the provisions of any covenants, conditions and restrictions affecting the Building or the Property. Tenant shall keep all of the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant’s operations, and shall use the Common Areas only for normal activities, parking and ingress and egress by Tenant and its employees, agents, representatives, licensees and invitees to and from the Premises, the Building or the Property. If, in the reasonable opinion of Landlord, unauthorized persons are using the Common Areas by reason of the presence of Tenant in the Premises, Tenant, upon demand of Landlord, shall correct such situation by appropriate action or proceedings against all such unauthorized persons. Nothing herein shall affect the rights of Landlord at any time to remove any such unauthorized persons from said areas or to prevent the use of any of said areas by unauthorized persons. Landlord reserves the right to make such changes, alterations, additions, deletions, improvements, repairs or replacements in or to the Building, the Property (including the Premises), the Centre and the Common Areas as are Landlord may reasonably deem necessary for or desirable, including, without limitation, constructing new buildings and making changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading areas, landscaped areas and walkways; provided, that such acts do not unreasonably interfere with Tenant’s use and or occupancy of the PremisesPremises or access thereto. Notwithstanding any provision of this Lease to the contrary, the Common Areas shall not in any event be deemed to be a portion of or included within the Premises leased to Tenant and the Premises shall not be deemed to be a portion of the Common Areas. This Lease is granted subject to the terms hereof, the rights and interests of third parties under 40 TEXAS WITH BASE YEAR existing liens, ground leases, easements and encumbrances affecting such property, all zoning regulations, rules, ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction over the Property or any part thereof.
(b) Notwithstanding any provision of this Lease to the contrary, Landlord specifically reserves the right to redefine the terms “Centre” and “Property” for purposes of allocating and calculating Operating Expenses so as to include or exclude areas as Landlord shall from time to time determine or specify (and any such determination or specification shall be without prejudice to Landlord’s right to revise thereafter such determination or specification). In addition, Landlord shall have the right to contract or otherwise arrange for amenities, services or utilities (the cost of which is included within Operating Expenses) to be on a common or shared basis to both the Property (i.e., the area with respect to which Operating Expenses are determined) and other portions of the Centre, so long as the basis on which the cost of such amenities, services or utilities is allocated to the Property is determined on an arms-length basis or some other basis reasonably determined by Landlord. In the case where the definition of the Property or the Centre is revised for purposes of the allocation or determination of Operating Expenses, Tenant’s Proportionate Share shall be appropriately revised. The Rentable Area of the Property and the Centre is subject to adjustment by Landlord from time to time, but only as a result of any additions or deletions to any of the buildings in the Centre, provided, however, in no event will Tenant’s Proportionate Share increase during the initial Term. Landlord shall have the sole right to determine which portions of the Centre and other areas, if any, shall be served by common management, operation, maintenance and repair. Landlord shall have the exclusive rights to the airspace above and around, and the subsurface below, the Premises and other portions of the Building and the Centre.
Appears in 1 contract
Sources: Office Lease (Markit Ltd.)
Common Areas. Subject During the Term hereof, Tenant shall have a non- ------------- exclusive easement to Article 6 use the common areas in the Building including the entrances and exits, public hallways, reception area, stairways, elevator, eating areas, public rest rooms and work out facilities, excluding, however, areas intended for the exclusive use of this Lease, the 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 tenants or specifically available for lease to tenants and which have at the time occupants 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 all as outlined on EXHIBIT C, attached hereto and incorporated herein by this reference (the "Interior Common Areas"). During the Term hereof, Tenant shall have a non- exclusive easement to use the common areas of the following (Property including the specific recitation of which curb cuts, driveways, parking areas, walkways, service drives and loading docks on the Property, all as outlined on EXHIBIT D, attached hereto and incorporated herein by this reference ( the "Exterior Common Areas"). The Interior Common Areas and the Exterior Common Areas may hereafter be collectively referred to as the "Common Areas". Common Areas shall not be deemed to limit the definition of “Common Area”): the land include those areas 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 from time-to-time by Landlord for a noncommon use, provided any portion of and the Building which was not included within the Common Area shall be so included when so designated and improved for common use. All use of the Common Area Areas by Tenant shall be subject to the use thereof by Landlord, and Landlord's tenants and its and their officers, directors, employees, shareholders, customers, invitees, agents and contractors, the exclusive control and management of Landlord, and the rules and regulations promulgated from time to time by Landlord in its discretion. Landlord shall operate, repair, replace and maintain the Common Areas in a first class manner. Landlord reserves the right to make changes to the Common Areas, construct and install temporary or permanent improvements and make 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 use of the Common Area or Areas from time to time in Landlord's sole discretion. In the adequacy of any security system which is or may be instituted for event that Landlord fails to so operate, repair, replace and maintain the Common Area. In no event shall Areas in a first-class manner, after receipt of written notice by Tenant have and an opportunity to cure the right same within a reasonable amount of time, not to sell or solicit in any manner in the Common Area. As long as Tenant is not in default under this Leaseexceed fourteen (14) days, Tenant shall have the non-exclusive right right, but not the obligation, to use in common with other Tenants perform or arrange for the performance of such operation, repair, replacement and maintenance of the Building Common Areas to maintain said Common Areas in a first-class manner. Notwithstanding the common areas foregoing, if Landlord has commenced to cure the default within the fourteen (14) day period set forth above, such default is not capable of being cured within such time frame, and facilities included in Landlord is diligently prosecuting the Building together with cure, then Landlord shall have an additional reasonable period of time to effect such easements cure. If Tenant so elects to perform or arrange for ingress the performance of such operation, repair, replacement and egress as are necessary for Tenant’s use and occupancy maintenance of the PremisesCommon Areas, Tenant shall be entitled to an offset or abatement of Rent in an amount equal to the reasonable cost of such services.
Appears in 1 contract
Common Areas. Subject Common Area" is defined to Article 6 of this Lease, Landlord shall make available at mean all times during areas and facilities outside the term of this Lease, such automobile parking Premises and other common areas within the exterior boundaries boundary line of the land Property that are provided 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 usethe non-exclusive use or benefit of Landlord, provided any portion Tenant and other tenants of the Building which was not included within the Property and their respective employees, agents, customers and invitees. Common Area shall be so included when so designated may include, without limitation, parking areas, common loading and improved for unloading areas, common use. All trash areas, roadways, sidewalks, walkways, parkways, driveways, corridors, landscaped areas and any restrooms used in common by two or more tenants of the Common Area shall be subject to the exclusive control Property. Tenant, its employees, agents, customers 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 invitees shall have the non-exclusive right to use (in common with other Tenants tenants, Landlord, and any other person granted use by Landlord) to use of the Building Common Area. Tenant agrees to abide by and conform to, and to cause its employees, agents, customers and invitees to abide by and conform to, an rules and regulations established by Landlord, subject to provisions of Article 21. Landlord has the common areas and facilities included right, in its sole discretion, from time to time, to (1) make changes to the Common Area, including without limitation changes in the Building together with such easements for ingress location, size, shape and egress as are necessary for Tenant’s use number of driveways, entrances, parking spaces, parking areas, ingress, egress, walkways and occupancy sidewalks,(2) close temporarily any of the PremisesCommon Area for maintenance or other purposes so long as reasonable access to the Premises is not materially impaired; (3) add additional improvements to the Common Area and the Property; (4) use the Common Area while engaged in making additional improvements, repairs or alterations to the Property or any portion thereof; (5) so long as Tenant's access to the Premises is not materially impaired, do and perform any other acts or make any other changes in, to or with respect to the Common Area and Property as Landlord may, in the exercise of sound business judgment, deem to be appropriate. Landlord shall have the sole right and authority to operate, maintain and repair or cause to be operated, maintained and repaired, the Common Areas, subject to reimbursement pursuant to Article 8.
Appears in 1 contract
Sources: Office Lease (Juina Mining Corp Inc)
Common Areas. Subject to Article 6 of As used in this Lease, Landlord shall make available at all times during the term "Common Areas" means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of this LeaseTenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12
(a) in such automobile parking a manner as to materially impair or adversely affect Tenant's substantial benefit and other common areas within the exterior boundaries enjoyment of the land and Premises, Landlord will have the right to:
(a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas;
(b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and
(c) Subject to the provisions of Article 27, change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of which the Premises are Common Areas, converting Common Areas to a part. The term “Common Area(s)” shall mean all the portions portion of the Building which are not specifically leased or specifically available for lease other Buildings, altering the Common Areas in order to tenants and which have at comply with the time in question been designated and improved for common use by ADA, 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 converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which was not included within the Common Area Buildings or structures have been erected shall no longer be so included when so designated and improved for common use. All deemed to be a part 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 of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the PremisesAreas.
Appears in 1 contract
Sources: Office Lease (Quest Software Inc)
Common Areas. Subject to Article 6 of this Lease, Landlord shall make available at The term "Common Areas" is defined as all times during areas and facilities outside the term of this Lease, such automobile parking Premises 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 boundary line of the Building which Complex and interior utility raceways within the Premises that are not specifically leased or specifically available provided and designated by the Landlord from time to time for lease the general non-exclusive use of Landlord, Tenant and other tenants of the Building Complex and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, utility rooms, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Landlord hereby grants to tenants and which have at the time in question been designated and improved for common use by or Tenant, for the benefit of more than one tenant Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Term of this Lease the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or concessionaire under the terms of any rules and regulations or restrictions governing the use of the Building, including any of Building Complex. Under no circumstances shall the following (right therein granted to use the specific recitation of which shall not Common Areas be deemed to limit include the definition right to store any property, temporarily or permanently, in the Common Areas. Any such storage shall be permitted only by the prior written consent of “Common Area”): the land and facilities utilized as parking areas; access and perimeter roads; truck passageways (Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, then Landlord shall have the right, without notice, in whole or in part subsurface); arcades; landscaped areas; exterior walks; stairways; stairs; directory equipment; ramps; drinking fountains; toilets addition to such other rights and other public facilities; remedies that it may have, to remove the property and bus stations and taxi stands; but excluding any portion thereof when designated by Landlord for a noncommon usecharge the cost to Tenant, provided any portion of the Building which was not included within the Common Area cost shall be so included when so designated and improved for common useimmediately payable upon demand by Landlord. All of the Common Area Landlord or such other person(s) as Landlord may appoint shall be subject to have the exclusive control and management of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Landlord or such other persons or nominees as Landlord may shall have delegated or assigned to exercise such management or control, in whole or in partthe right, in Landlord’s place 's sole discretion, from time to time: (i) to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways and utility raceways; (ii) to close temporarily any of the Common Area or the adequacy of any security system which is or may be instituted Areas for the Common Area. In no event shall Tenant have the right to sell or solicit in any manner in the Common Area. As maintenance purposes so long as Tenant is not in default under this Lease, Tenant shall have reasonable access to the non-exclusive right Premises remains available; (iii) to use in common with designate other Tenants land outside the boundaries of the Building Complex to be a part of the common areas Common Areas; (iv) to add additional building and facilities included improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building Complex, or any portion thereof; and (vi) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Building Complex as Landlord may, in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy exercise of the Premisessound business judgment deem to be appropriate.
Appears in 1 contract
Common Areas. Subject Tenant, its customers, employees and invitees shall have the right to Article 6 use and enjoy free of charge, in common with Landlord, other tenants and their customers, employees and invitees, the parking areas, approaches, sidewalks, entrances, exits and roadways (hereinafter collectively called the “Common Areas”) which Landlord agrees to provide for the reasonable operation of the Shopping Center. It is expressly understood that the Common Areas are intended primarily for the use by customers of the stores in the Shopping Center, and Tenant accordingly agrees that its employees will not use the Common Areas for the parking or storage of any automobile, truck or any other vehicle owned or used by any of its employees, except as may be approved in writing by Landlord. Tenant further agrees that Landlord reserves the right, in its sole discretion, to designate specific parking area(s) for the use by the employees and/or customers of Tenant and if so designated, Tenant shall instruct its employees and/or customers, as the case may be, to park in any such designated areas. In order to assist Landlord in the enforcement of the provisions of this Leaseparagraph, Tenant agrees that within ten (10) days after being requested so to do, Tenant will furnish Landlord a written statement containing the license plate numbers of all employees, agents, and representatives employed by Tenant in or about the Demised Premises. Tenant shall make available not park, or permit to be parked, any delivery vehicles in the Common Areas intended for the use by customers of the stores in the Shopping Center, nor permit merchandise delivery from such Common Areas if delivery access and loading and unloading zones are provided by Landlord. Landlord covenants that, at all times during the term of this Leasehereof, 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 it will maintain the Common Area shall Areas in a good condition of repair and adequately lighted and paved, and that, except as otherwise provided in paragraph 33 below, there will be so included when so designated at least the minimum number of parking spaces sufficient to satisfy governmental requirements 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 number of parking spaces at the Shopping Center existing as of the date of this lease be reduced by more than twenty (20) spaces during the term or any extension thereof. Anything in this paragraph to sell the contrary notwithstanding, Landlord expressly reserves the right, from time to time, (i) to construct other buildings and/or enlarge existing buildings on or solicit in any manner in over the Common Area. As Areas so long as Tenant the number of parking spaces is not in default under this Leasereduced by more than twenty (20) spaces, Tenant shall have and (ii) increase, reduce, modify or alter the non-exclusive right to use in common dimensions and locations of roadways, parking lots, sidewalks and buildings provided such changes, additions or reductions do not unreasonably interfere with other Tenants of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premises.Demised Premises or reduce the number of parking spaces at the Shopping Center by more than twenty (20)
Appears in 1 contract
Common Areas. Subject Landlord hereby grants to Article 6 Tenant, for the benefit of this LeaseTenant and its employees, Landlord shall make available at all times suppliers, shippers, customers and invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such automobile parking use, the Common Areas as they exist from time to time, subject to any rights, powers, and other common areas within privileges reserved by Landlord under the exterior boundaries terms hereof or under the terms of any rules and regulations or restrictions governing the use of the land and Building of which Project. Except as otherwise provided herein, under no circumstances shall the Premises are a part. The term “right herein granted to use the 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 Area be deemed to limit include the definition of “Common Area”): the land and facilities utilized as parking areas; access and perimeter roads; truck passageways (which may be right to store any property, temporarily or permanently, 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 or to construct or install any improvements in the Common Area. Any such storage shall be so included when so permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, the Landlord shall have the right, without notice, in addition to such other rights and improved for common use. All of remedies that it may have, to remove the Common Area property and charge the cost to Tenant, which cost shall be subject immediately payable by Tenant to Landlord upon demand by Landlord. Landlord or such other person(s) as Landlord may appoint, shall have the exclusive control and management of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Tenant agrees to abide by and conform to all such rules and regulations, as well as any private conditions, covenants, and restrictions of public record now or hereafter affecting the Premises and any amendment thereof, and to cause its employees, suppliers, shippers, customers and invitees to abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with said rules and regulations by other tenants or such other persons authorized users of the Project. Any failure by Tenant or nominees as its agents, employees or representatives to observe and comply with the rules and regulations established by Landlord may with respect to the Common Areas shall be a default by Tenant hereunder. Landlord shall have delegated or assigned to exercise such management or control, in whole or in part, the right in Landlord’s place 's sole discretion, from time to time: (i) to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety number of driveways entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) to close temporarily any of the Common Area Areas for maintenance purposes, so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Project to be a part of the Common Areas; (iv) to add additional buildings and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Project, or any portion thereof; (vi) to close, at reasonable times, all or any portion of the parking areas for any reasonable purpose, including without limitation, the prevention of a dedication thereof, or the adequacy accrual of the rights of any security system which is person or may be instituted for public therein; and, (vii) to do and perform such other acts and make such other changes in, to or with respect to the Common Area. In no event shall Tenant have Areas and the right to sell or solicit in any manner Project as Landlord may, in the Common Areaexercise of sound business judgment, deem to be appropriate. As long Notwithstanding the foregoing, Landlord shall not be entitled to take any action pursuant to this Paragraph, if such action will materially interfere with Tenant's use and enjoyment of the Premises pursuant hereto. Building means the building in which the Premises are located, identified as Tenant is not in default under this Lease▇▇▇ ▇▇▇▇▇ ▇▇▇▇, Tenant shall have the non-exclusive right to use in common with other Tenants Sunnyvale, California. The total Rentable Area of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesis 105,285 square feet.
Appears in 1 contract
Sources: Lease (Intuitive Surgical Inc)
Common Areas. Subject to Article 6 of this Leaseall covenants, Landlord shall make available at all times during the term of this Leaseconditions, such automobile parking restrictions, reservations, encumbrances, rights-of-way, public dedications, easements and other common areas within matters of record in the exterior boundaries Land Records of West Dover, Vermont or the applicable District Environmental Conservation office, Ground Lessor hereby grants to the Ground Lessee, its permitted successors and assigns, and its employees, agents, representatives, vendors, customers and invitees (collectively, “Ground Lessee’s Permitted Users”), the nonexclusive right of use, free of charge (except parking or other similar charges for use of Common Areas imposed on all tenants, occupants and invitees), of the land Common Areas (as defined below) in common with Ground Lessor, and Building of which the Premises are a partits employees, agents, representatives, vendors, customers and other invitees and tenants. The term “Common Area(s)Areas” shall mean all parking areas, streets, driveways, curb cuts, and sidewalks serving the portions Resort which Ground Lessor makes available from time to time for the common use and benefit of any tenants and occupants of the Building Resort and which are not specifically leased or specifically exclusively 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 Buildinga single tenant, including any of the following occupant, and invitees including, without limitation, (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 of the Building the common areas and facilities included in the Building together with such easements for i) ingress and egress as are necessary for Tenant’s use ways to and occupancy of from the Premises and the Town Highway and from the interior roadways within the Resort, (ii) utilities and connections thereto serving the Premises, (iii) general parking areas, garages and lots, and also including areas designed for “commercial” vehicles as may be available and in accordance with applicable law, (iv) other roads and access ways, exit ways and loading docks, (v) walkways, sidewalks, landscaped and planted areas located on, for the benefit, or serving the Premises, and (vi) all sidewalks, terraces, walkways, and any other connecting passageways for access to the Premises. Ground Lessee shall promptly repair, at its sole cost and expense, any damage caused by Ground Lessee, or any of its Permitted Users, to the Common Areas, or any part thereof.
Appears in 1 contract
Sources: Modification and Consent Agreement (Peak Resorts Inc)
Common Areas. Subject Tenant and its employees, customers and invitees shall have the reasonable nonexclusive right to Article 6 use, in common with Landlord and the other tenants and occupants of this Leasethe Building and their respective employees, customers and invitees and all others to whom Landlord has or may hereafter grant rights to use the same, the public portion of the Common Areas as may from time to time exist. Landlord shall make available have the right to temporarily close any or all portions of the Common Areas to such extent as may, in Landlord's opinion, be necessary to prevent a dedication thereof or the accrual of any rights to any person or the public therein provided that Landlord shall use reasonable efforts to minimize interference with Tenant's use of the Common Areas and shall provide Tenant access to the Premises at all times. Landlord shall at all times during the term of this Leasehave full control, such automobile parking management and other common areas within the exterior boundaries direction of the land and Building Common Areas. Tenant shall not cause or allow any storage of which materials or equipment outside of the Premises are a parton any of the Common Areas. The term “Landlord reserves the right at any time and from time to time to reduce, increase, enclose or otherwise change the size, number, location, layout and nature of the Common Area(s)” shall mean all the Areas, to construct additional buildings and stories, to create additional rentable areas through use and/or enclosure of Common Areas, to close portions of the Common Areas for maintenance, repair or replacement, to place signs in the Common Areas and on the Building which are not specifically leased or specifically available for lease to tenants and which have at change the time in question been designated and improved for common use by or for the benefit of more than one tenant or concessionaire name of the Building, including any Building and to change the nature of the following (the specific recitation use 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 provided, however, any such action shall not included within the Common Area shall be so included when so designated materially and improved for common use. All of the Common Area shall be subject adversely affect Tenant's rights hereunder or Tenant's access to the exclusive control and management of Landlord Premises or such parking available to Tenant (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 than on a temporary basis) or the adequacy conduct 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 Tenant's business 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 ordinary course consistent with other Tenants of the Building the common areas and facilities included Tenant's current operations in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the PremisesBuilding.
Appears in 1 contract
Common Areas. Subject Landlord hereby grants to Article 6 of this LeaseTenant, Landlord shall make available at all times during the term of this LeaseLease Term, such automobile parking and other the nonexclusive right to use, in common areas within with all others so entitled, the exterior boundaries Common Areas of the land and Building of which Building. As used herein, the Premises are a part. The term “Common Area(s)Areas” shall mean and include all areas, facilities and improvements provided from time to time for the portions of general, common or joint use on a non-exclusive basis by Landlord, 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 other users 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 including, without limitation, designated parking spaces and facilities utilized parking garages, [ADD IF APPLICABLE common bicycle parking, shower facilities,] pedestrian sidewalks, driveways, curbing, retaining walls, truck-ways, access roads, ramps, loading docks, delivery areas, lobbies and lobby elevator areas, elevators, storm and sanitary sewer systems, signs, landscaped and vacant areas and lighting facilities, except 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 otherwise designated by Landlord for a noncommon use, provided the exclusive use of any portion of the Building which was not included within the tenant or other user. The Common Area shall be so included when so designated and improved for common use. All of the Common Area Areas shall be subject to the exclusive control and management of Landlord or and to such other persons or nominees rules and regulations as Landlord may have delegated or assigned may, from time to exercise such management or controltime, in whole or in part, in adopt. Tenant shall refrain from doing any act which interferes with Landlord’s place exclusive control and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety management of the Common Area Areas or with the adequacy use of any security system which is or may be instituted for the Common AreaAreas by others. In no event shall Tenant have Landlord hereby reserves the right at any time or from time to sell or solicit in any manner in the Common Area. As long as Tenant is time, but using commercially reasonable efforts not in default under this Lease, Tenant shall have the non-exclusive right to use in common unreasonably interfere with other Tenants of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premises., to: (a) change the areas, locations and arrangement of all elements of the Real Property and the Building, including parking areas and other Common Areas, but excluding the space within the Premises; (b) enter into, modify and terminate easements and other agreements pertaining to the maintenance and use of the parking garage and parking areas and other Common Areas; (c) close any or all portions of the Common Areas to such extent and from such time as may, in the sole discretion of Landlord’s counsel, be legally necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; (d) close temporarily, if necessary, any part of the Common Areas in order to discourage non-customer parking; (e) make changes, additions, deletions, alterations or improvements in and to such Common Areas, provided that there shall be no unreasonable obstruction of Tenant’s right of ingress to or egress from the Premises; and (f) adopt rules and regulations by which Tenant shall abide relating to the use of the Common Areas. [IF APPLICABLE: Nothing contained herein shall be deemed to be a warranty, representation or agreement by Landlord that the Building will be, or will continue to be, as indicated on Exhibit A without change. Landlord may demolish buildings and improvements, build additional buildings, add additional floors, change the layout and otherwise change or reduce, if applicable, any building in the complex where the Building is located, the parking areas or Common Areas at any time, as Landlord deems necessary or desirable. ]
Appears in 1 contract
Sources: Retail Lease
Common Areas. Subject As used in this Lease, the term “common areas” means, without limitation, the hallways, entryways, parking areas, driveways, walkways, terraces, loading areas, trash facilities and all other areas and facilities in the Project which are provided and designated from time to Article 6 time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and other tenants of the Project and their respective employees, invitees, licensees or other visitors. Landlord grants Tenant, its employees, invitees, licensees and other visitors a nonexclusive license for the Term to use the common areas in common with others entitled to use the common areas, subject to the terms and conditions of this Lease. Without advance notice to Tenant (except with respect to matters covered by Subsection (a) below) and without any liability to Tenant in any respect, Landlord shall make available at all times during will have the term of this Leaseright to:
(a) establish and enforce reasonable rules and regulations concerning the maintenance, such automobile parking management, use and other common areas within the exterior boundaries operation 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 areas;
(b) close off any of the following common areas to whatever extent required in the opinion of Landlord and its counsel to prevent a dedication of any of the common areas or the accrual of any rights by any person or the public to the common areas, provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Premises;
(c) Temporarily close any of the specific recitation common areas for maintenance, alteration or improvement purposes;
(d) Select, appoint or contract with any person for the purpose of which shall not be deemed to limit operating and maintaining the definition of “Common Area”): common areas, on such terms and conditions as Landlord deems reasonable;
(e) change 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 size, use, shape or nature of any such common areas, provided any portion such change does not deprive Tenant of the Building which was not included within the Common Area shall be so included when so designated substantial benefit and improved for common use. All enjoyment 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 steadPremises. 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 So long as Tenant is not thus deprived of the substantial use and benefit of the Premises, Landlord will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of any concourse, parking spaces, toilets or other public conveniences in default under the Project, without Landlord’s Initials Tenant’s Initials incurring any liability to Tenant or entitling Tenant to any abatement of rent and such action will not constitute an actual or constructive eviction of Tenant; and
(f) erect one or more additional building on the common areas, expand the existing Building or other buildings to cover a portion of the common areas, convert common areas to a portion of the Building (excluding the Premises) or other buildings to common areas. Upon erection of any additional buildings or change in common areas, the portion of the Project upon which buildings or structures have been erected will no longer be deemed to be a part of the common areas. In the event of any such changes in the size or use of the Building or common areas of the Building or Project, Landlord may make an appropriate adjustment in the Rentable Area of the Building or the Building’s pro rata share of exterior common areas of the Project, as appropriate, and a corresponding adjustment to Tenant’s Share of the Operating Expenses payable pursuant to Articles 5 of this Lease, Tenant shall have the non-exclusive right to use in common with other Tenants of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesabove.
Appears in 1 contract
Sources: Office Lease (Go Daddy Group, Inc.)
Common Areas. Subject to Article 6 For the purposes of this LeaseAgreement, Landlord the terms "Common Area" or "Common Areas" shall make available at refer to all times during the term of this Lease, such automobile parking and other common areas within the exterior boundaries of the land and Building fixtures and spaces (other than Our business and management offices) outside the Home that are owned and maintained by Us and comprise the single piece of real property (or the contiguous pieces of real property) that form the single community in which the Premises are a partHome is located. The term “Common Area(s)” shall mean all You understand and agree that 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 Areas (including any amenity, swimming pool, exercise room, basketball court, parking areas, laundry facilities, roadways, and so forth) is subject to any Rules and Regulations set by Us and that such Rules and Regulations may be changed at any time without notice. You understand and agree that Your payment of rent to Us only entitles You to the exclusive control rental and management use of Landlord or such other persons or nominees the Home and Your ingress and egress to and from the Home while You remain in legal possession of the Home; You also understand and agree that Your use of any Common Area facility (also known interchangeably as Landlord "amenity") is not included as part of the rent but instead is a privilege (not a right) granted to You by Us. We may have delegated or assigned revoke Your privilege to exercise such management or controluse a Common Area facility anytime if, in whole Our sole discretion, You or an Authorized Occupant or Your guest (a) misused the facility in part, any way or (b) disturbed the rights or comfort of other people in Landlord’s place and steadthe facility. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning In the safety of the event We revoke Your privilege to use a Common Area or the adequacy of any security system which is or may be instituted for the Common Area. In no event shall Tenant facility, You agree that We have the right to sell or solicit in any manner in trespass You and Your Authorized Occupant(s) criminally from the Common AreaArea facility. As long as Tenant is Accordingly, You further agree that (i) We may close or eliminate any Common Area facility at any time, or (ii) We may forbid You or any Authorized Occupant or guest from entering or using any Common Area facility or amenity based on Your (or their) misuse of same, and in either event, You would not in default under this Lease, Tenant shall have the non-exclusive right be entitled to use in common with other Tenants any rent reduction or abatement or rescission of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premisesany kind whatsoever.
Appears in 1 contract
Sources: Residential Lease Agreement