Common Areas. The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term 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 under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein 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. 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. Landlord shall have the right, in Landlord’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 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 Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and 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 exercise of sound business judgment deem to be appropriate.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Applied Films Corp), Single Tenant Lease (Applied Films Corp)
Common Areas. The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for 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 5.1 Tenant, for the benefit of Tenant and its employeesit licensees, suppliersconcessionaires, shippers, contractors, employees and customers and invitees, during the Primary Lease Term shall have the non-exclusive right to useuse the Common Areas as constituted from time to time, such use to be in common with others Landlord, other Tenants of Shopping Center and other Tenants of Shopping Center and other persons entitled to use the Common Area, subject to such usereasonable rules and regulations as Landlord may from time to time prescribe, provided that Landlord shall provide Tenant with at least sixty (60) days prior written notice of any such rule or regulation. Landlord may require that automobiles owned by Tenant, its licensees, concessionaires and employees be parked in specific portions of the Common Areas. Upon reasonable written request by Landlord, Tenant shall have thirty (30) days to furnish to Landlord a complete list of the license numbers of all automobiles operated by Tenant, its licensees, concessionaires and employees. If Tenant, its licensees, concessionaires and employees fail to park their cars in the designated Common Areas, Landlord shall have the right in its sole discretion to (i) charge Tenant ten Dollars ($10.00) per day per car parked in any Common Areas other than those designated, and/or (ii) have such car(s) physically removed from the Shopping Center at Tenant’s expense without any liability whatsoever to Landlord. Tenant shall not interfere with the rights of other persons to use the Common Areas. Landlord may temporarily close any part of the parking facilities or other portions of the Common Areas for such minimal periods of time as may be reasonably necessary for (i) temporary use as a work area in connection with the construction of buildings or other improvements within the Shopping Center or contiguous property, (ii) repairs or alterations in or to the Common Areas or to any sewers, utility facilities or distribution lines located within the Common Areas, (iii) preventing the public from obtaining prescriptive rights in or to the Common Areas, (iv) security reasons, or (v) doing and performing such other acts (whether similar or dissimilar to the foregoing) in, to and with respect to, 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 in the use of good business judgment the Building ComplexLandlord shall reasonably determine to be appropriate for the Shopping Center, provided however, that Landlord shall use reasonable efforts not to unduly interfere with or disrupt Tenant’s business. Under no circumstances Notwithstanding anything to the contrary contained in this lease, Landlord shall the right therein 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 not be permitted only by the prior written consent of Landlord or Landlord’s designated agent, which consent may be revoked at to take 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. 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. Landlord shall have the right, in Landlord’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 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 Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and 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 action with respect to the Common Areas and/or parking areas or make any changes, repairs, temporary closings or modifications to the Common Areas and/or parking areas, if the same will (1) cause a change in the size, location, orientation or visibility of the Premises or the Shopping Center, (2) reduce or impede access to the Premises or the Shopping Center, or (3) reduce the proximity of the Premises to the parking areas or the impact the convenience of the parking facilities to the Premises or block Tenants drive through facility. The parking ratio for the Shopping Center at the Rental Commencement Date will be 5.41 parking spaces for each 1,000 rentable square foot of space in the Shopping Center. Notwithstanding anything to the contrary contained in this lease, if any event or action or omission by Landlord renders the parking facilities for the Shopping Center for whatever reason inaccessible, unusable, unsafe, or which causes the number of parking spaces for the Shopping Center to be reduced below applicable local code requirements (which reasons may include but are not limited to repairs, maintenance, casualty, condemnation, or displacement or dislocation caused by future construction), Landlord shall immediately provide substitute parking facilities for Tenant’s use and Building Complex its invitees which facilities shall (i) cause no net reduction in Tenant’s parking space allocation, (ii) be similarly convenient in terms of location, quality and safety, and (iii) except in the case of an emergency, be designated by prior written notice to Tenant. Please initial: Landlord: Tenant:
5.2 Tenant agrees to pay as additional rent, as herein provided, its share of expense commercially reasonable and necessarily incurred by Landlord mayfor the operation and maintenance of the Common Areas (“CAM Expenses”), including without limiting the generality of the foregoing, costs incurred for lighting, painting, cleaning, central trash disposal (if Landlord elects to provide), traffic control, policing, security, landscaping and repairing the Common Areas, hazard and public liability insurance and property damage insurance, all water consumed in Shopping Center which is not separately metered to Tenants (single or multiple) thereof together with an allowance of 10% of CAM Expenses, other than taxes and insurance, for Landlord’s direct overhead but excluding depreciation of Landlord’s original investment in Shopping Center. Notwithstanding anything to the contrary contained in this lease, additional rent shall not include the following: (1) capital expenditures required by Landlord’s failure to comply with any law, statute, regulation, or other governmental or quasi-governmental requirement; (2) costs incurred for capital improvements to reduce CAM Expenses above the amount actually saved as the result of such capital improvements; (3) rent for a management office and rent and expenses for a marketing office; (4) any amounts paid to any person, firm or corporation related to or otherwise affiliated with Landlord or any general partner, officer, director or shareholder of Landlord or any of the foregoing, to the extent the same exceeds arm’s length competitive prices paid in Clearwater, Florida for similar services or goods; (5) costs incurred to remove any hazardous materials or other toxic material or substances from either the Shopping Center; (6) costs relating to maintaining Landlord’s existence, either as a corporation, partnership, trust or other entity, such as trustee’s fees, annual fees, partnership expenses, and legal and accounting fees (other than with respect to Shopping Center operations); (7) Landlord’s general overhead expenses above the ten percent (10%) cap described above; (8) costs and expenses resulting from the negligence or willful misconduct of Landlord or its employees, contractors or agents; and (9) attorney’s fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants, other occupants of the Shopping Center, or other third parties and roof repair or replacement as set forth in Section 8.1 below. CAM Expenses shall be reduced by all cash discounts, trade discounts or quantity discounts received by Landlord or Landlord’s managing agent in the purchase of any goods, utilities or services in connection with the prudent operation of the Shopping Center. In the calculation of any CAM Expenses hereunder, it is understood that no expense shall be charged more than once. Landlord shall use its best efforts in good faith to effect an equitable proration of bills for services rendered to the Shopping Center and to any other property owned by Landlord or an affiliate of Landlord. In the event there exists a conflict as to an expense which is specified to be included in CAM Expenses and is also specified to be excluded from CAM Expenses within the above list, the exclusions listed above shall prevail and the expenses shall be deemed excluded. Landlord shall not recover more than 100% of the CAM Expenses actually incurred by Landlord. Capital expenditures required due to changes in applicable governmental or other regulations that were not required when the building was built shall be considered CAM Expenses. The share to be paid by Tenant shall be that percentage of CAM Expenses which the Gross Leased Area of the Premises bears to the Gross Leased Area of the Shopping Center. Landlord and Tenant agree that the Gross Leased Area of the Premises shall be determined based on the “as built” site plan approved by the appropriate governmental authority. Upon such approval Landlord shall submit to Tenant a copy of the approved site plan along with a calculation of the Gross Leased Area for the Premises. Landlord shall, within ninety (90) days after the commencement of each Lease Year, notify Tenant in writing of the monthly charges due from Tenant based upon the Landlord’s good faith estimate of annual CAM Expenses. Within ninety (90) days after the close of each calendar year, Landlord will furnish to Tenant a detailed statement of the expenses relating to the Common Areas for such year, such statement to be prepared in accordance with generally accepted accounting practices and to include Tenant’s proportionate share of the expenses relating to the Common Areas computed as herein provided. Any necessary adjustments (in the form of an additional payment or a refund from Landlord to Tenant) shall be made sixty (60) days after delivery of such statement. Landlord agrees to retain the books and records substantiating the CAM Expenses incurred in each calendar year for a period of at least three (3) years from the date Landlord submits an annual statement to Tenant. Tenant or its designee shall have the right, during business hours and upon reasonable prior notice, from time to time to inspect Landlord’s books and records relating to CAM Expenses, and/or to have such books and records audited at Tenant’s expense by a certified public accountant designated by Tenant. Any audit that discloses a discrepancy of more than five percent (5%) in the annual CAM Expenses shall be at Landlord’s expense and Landlord shall reimburse Tenant for such cost (including reasonable attorneys’ fees) within thirty (30) days of the result of the audit. Any discrepancy shall be promptly corrected by a payment of any shortfall to Landlord by Tenant within thirty (30) days after the applicable audit, or by a credit against the next payment(s) of rent hereunder or (at Tenant’s election) a refund from Landlord of the overpaid amount within thirty (30) days, as may be applicable. In the event Tenant does not contest a statement of CAM Expenses within three (3) years after it is rendered, such statement shall become binding and conclusive on both Landlord and Tenant, except that any such statement which may contain material misrepresentations shall not be binding and conclusive on Tenant. In the event Landlord shall fail to invoice Tenant for any CAM Expenses pursuant to this article within one (1) year, then Landlord shall be deemed to have waived its right to collect such CAM Expenses. In addition, in the exercise event that Landlord shall fail to invoice Tenant for any CAM Expenses pursuant to this article within six (6) months following the expiration or termination of sound business judgment deem the term of this lease, then Landlord shall be deemed to have waived its right to collect such CAM Expenses.
5.3 In the event Tenant is not billed directly by the appropriate authority for water consumed on the Premises and/or for sewer rents or charges, the ▇▇▇▇ rendered by Landlord for the above shall be based upon Tenant’s prorated share of such service as reasonably determined by Landlord and shall be payable by Tenant within thirty (30) days of receipt of Landlord’s ▇▇▇▇, and such costs or expenses incurred or payments which are made by the Landlord for water or sewer service used on the Premises shall be deemed to be appropriateCAM Expenses payable by Tenant and collectible by Landlord as such.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (First State Financial Corp/Fl)
Common Areas. The term “Common Areas” is defined as all areas Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and facilities outside subject to the Premises and within the exterior boundary line provisions contained herein, those portions of the Building Complex that Project which are provided and designated by the Landlord provided, from time to time time, for the general non-exclusive use of in common by Landlord, Tenant and any other tenants of the Building Complex and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking Project (such areas, utility roomstogether with such other portions of the Project so designated by Landlord, loading in its sole discretion, are collectively referred to herein as the "common areas"). The common areas may include a park or other facilities open to the general public and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped landscape areas located within and appurtenant to the Project. However, Landlord makes no representation that any such common areas, whether or not such common areas are available as of the date of this Lease, shall be available throughout the Term. The manner in which the common areas are maintained and operated, and all services in connection therewith, shall be at the sole discretion of Landlord. Landlord hereby grants to Tenant, for reserves the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term 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 time without notice to Tenant (i) to close temporarily 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 Complex. Under no circumstances shall the right therein 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. 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. Landlord shall have the right, in Landlord’s sole discretion, from time to time: common areas; (iii) to make changes to the Common Areascommon areas, including, including without limitation, changes in the location, size, shape and number of street entrances, driveways, entrancespassageways, parking spacesstairways, parking direction of traffic, landscaped areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside add additional buildings and improvements to the boundaries of the Building Complex to be a part of the Common Areascommon areas; (iv) to reasonably designate land outside the Project to be part of the Project, and in connection with the improvement of such land to add additional building buildings and improvements common areas to the Common AreasProject; (v) to delete from the Project any of the land and/or improvements currently located therein; (vi) to use the Common Areas common areas while engaged in making additional improvements, repairs or alterations to the Building Complex, or any portion thereofProject; and (vivii) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Building Complex Project and/or common areas as Landlord may, in the exercise of sound business judgment may deem to be appropriate. Furthermore, the inclusion of any item under Paragraph 6.1 as a possible cost as a Common Area Operating Expense shall not create an obligation of Landlord to conduct any maintenance, repair, or replacement in connection with such cost, unless Landlord expressly has such obligation otherwise under this Lease.
Appears in 2 contracts
Sources: Lease (Optimer Pharmaceuticals Inc), Lease (Optimer Pharmaceuticals Inc)
Common Areas. The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for 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 Tenant, Tenant a non-exclusive license to use (i) the parking areas provided by Landlord in the Shopping Center for the benefit accommodation and parking of vehicles of Tenant and its employeesofficers, suppliersagents and employees and customers while such customers are shopping in the Premises or in any other portion of the Shopping Center, shippers(ii) the public conveniences of the Shopping Center, contractorsincluding any connecting passageways and lobbies used in conjunction with hotels and/or office buildings, customers and invitees(iii) all other areas in the Shopping Center, during including the Primary Lease Term enclosed mall, to be used in common by tenants of the Shopping Center, such parking areas, public conveniences and other common areas being hereafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord retains and reserves 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 under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances Common Areas.
A. Exhibit A sets forth the general layout of the Shopping Center, but shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Shopping Center will be or will continue to be exactly as indicated on said diagram, and Landlord reserves the right therein granted to (i) increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of any of the Common Areas be deemed or the buildings comprising the Shopping Center, (ii) make changes, additions, subtractions, alterations or improvements in or to include such Common Areas, including, but not limited to, the right construction of decked or subsurface parking, (iii) withdraw portions of the Shopping Center from Common Area or add Common Area to store any propertythe Shopping Center, temporarily or permanentlyincluding non-contiguous parcels for parking and other related Shopping Center purposes and (iv) construct buildings, additional Department Stores, kiosks and other improvements in the Common Areas. Any such storage Tenant shall have no rights with respect to the land or improvements below floor slab level or above the interior surface of the ceiling of the Premises or air rights above the Premises.
B. Landlord shall not, pursuant to Subsection 4.1A, create any permanent, substantial, adverse interference with access to or visibility of the Premises from the covered mall upon which the front of the Premises abuts. However, this provision shall not preclude Landlord from installing carts or erecting kiosks or similar improvements anywhere in the covered mall, so long as any kiosks or similar improvements which are located in front of the Premises are approximately centered in the mall. Tenant's sole remedy in the event of Landlord's failure to comply with this Subsection 4.1B shall be permitted only by the prior written consent of Landlord or Landlord’s designated agent, which consent may be revoked at any timeto terminate this Lease. In the event that any unauthorized storage Tenant, as the result of Landlord's failure to so comply, shall occurexercise its right to terminate this Lease, then Landlord shall have pay, within [***] days following the rightdate Tenant vacates and surrenders the Premises, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the then unamortized cost to Tenant, which cost shall be immediately payable 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 permanent leasehold improvements (excluding, inter alia, trade fixtures and shall have the rightequipment, from time furnishings, decorations, inventory and other items of personal property) initially made by Tenant pursuant to timeArticle 2 of this Lease, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Landlord shall have the right, in Landlord’s sole discretion, from time to time: (i) to make changes assuming a useful life equal 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; (ii) to close temporarily any length of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries original Term of the Building Complex to be this Lease and amortization on a part of the Common Areas; (iv) to add additional building and 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 exercise of sound business judgment deem to be appropriate.straight line ---------- *** confidential treatment requested
Appears in 2 contracts
Sources: Lease Agreement (Silicon Entertainment Inc /Ca/), Lease Agreement (Silicon Entertainment Inc /Ca/)
Common Areas. The term “Common Areas” is defined as all areas 4.12.1. Tenant shall have and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for 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 Tenant, for the benefit of Tenant and its employees, customers, patrons, suppliers, shippers, contractors, customers licensees and invitees, during the Primary Lease Term the of this Lease, a non-exclusive right revocable license to use, use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with others entitled 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 such usethe 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 Areas" shall mean, as they exist may from time to timetime exist, subject to any rightsthose 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, powerswithout limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and privileges reserved all other areas or improvements which may be provided by Landlord under for the terms hereof or under the terms of any rules and regulations or restrictions governing the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the Building Complex. Under no circumstances shall the right therein granted to use the Common Areas be deemed to include the right to store any propertyoperation, temporarily or permanentlymanagement, in and maintenance of the Common Areas. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord’s designated agent, The manner in 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas shall be maintained and expenditures in connection therewith shall have be at the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect theretosole discretion of Landlord. Landlord shall have the right, in Landlord’s sole discretion, from time to time: (i) to make changes to the Common AreasTenant may not place anything, including, without limitation, changes 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 location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) right to close temporarily any of utilize the Common Areas for maintenance purposes so long as reasonable access 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, subject to the Premises remains available; (iii) to designate other land outside provisions hereof, have the boundaries sole and exclusive management and control of the Building Complex to be a part of the Common Areas; (iv) to add additional building and 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 all Common Areas and Building Complex as may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord maydeems 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 exercise presence of sound business judgment deem 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 be appropriateremove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commission.
Appears in 2 contracts
Sources: Lease Agreement (Build a Bear Workshop Inc), Lease Agreement (Build a Bear Workshop Inc)
Common Areas. The term “Common Areas” is defined as all In addition to the Premises, Tenant shall have the use of those certain common areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and 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 general non-exclusive use of Landlord, Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and all other tenants of the Building Complex Property and their respective employeesall such other persons to whom Landlord has previously granted, suppliersor may hereinafter grant, 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 Tenant, for the benefit rights of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled usage; provided that such nonexclusive use shall be expressly subject to such use, reasonable rules and regulations which may be adopted by the Common Areas as they exist Landlord from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under the terms of any so long as such rules and regulations or restrictions governing the do not adversely affect Tenant’s use of the Building ComplexPremises and are uniformly enforced. Under no circumstances Tenant shall the right therein granted not be entitled to use the Common Areas be deemed to include for storage of goods, vehicles, refuse or any other items. Landlord reserves the right to store any propertyalter, temporarily modify, enlarge, diminish, reduce 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of eliminate the Common Areas and shall have the right, from time to timetime in its sole discretion; provided, however, it does not unreasonably and materially interfere with Tenant’s use and occupancy of the Premises or access to establish, modify, amend and enforce reasonable rules and regulations with respect theretofrom the Premises. Landlord shall have the right, in Landlord’s sole discretion, from time right to time: (i) to make changes to the modify Common Areas, includingin order to implement new, without limitationnecessary security measures; provided, changes in however, it does not unreasonably and materially interfere with Tenant’s use and occupancy of the location, size, shape Premises or access to and 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 from the Premises. If Tenant shall use any of the Common Areas for maintenance purposes so long as reasonable access 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 the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building clear and 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 clean the Common Areas and Building Complex as Landlord maydispose of such items, in the exercise including but not limited to, a disposal fee of sound business judgment deem to be appropriatetwenty-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. The (a) As used in this Lease, the term “Common Areas” is defined as Areas shall mean all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex Project that are provided and not designated by the Landlord from time to time for the general non-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 have exclusive control over the Common Areas, provided that Tenant and other tenants of the Building Complex and their respective Tenant’s employees, agents, 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 Tenant, for invitees shall have the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive nonexclusive right to use, in common with others entitled to such use, use the Common Areas as they exist from time to timeduring the term of this Lease, subject to any rights, powers, and privileges the rights reserved by Landlord under the terms hereof or under the terms of any this Lease and further subject to all rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein granted to use the Common Areas be deemed from time to include the right to store any property, temporarily or permanently, in the Common Areas. Any such storage shall be permitted only time issued 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 .
(c) Landlord shall have the right, without noticeit constituting an actual or constructive eviction of Tenant, in addition without any abatement of rent under this Lease and without notice (unless so stated below) to such other rights and remedies that it may haveor the consent of Tenant, to remove the property and charge the cost to
(i) upon five (5) days notice to Tenant, which cost shall be immediately payable upon demand by Landlord. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management close any part of the Common Areas and shall have to the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Landlord shall have the right, extent necessary in Landlord’s sole discretionopinion to prevent the accrual of any prescriptive rights, from time provided, however, that access by Tenant shall not be unreasonably disrupted, and Landlord shall, to time: the maximum extent possible, avoid any disruption to Tenant’s access that exceeds four (i4) hours;
(ii) upon five (5) days notice to make changes 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, including without limitation, limitation changes in the location, size, shape shape, and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas areas, and walkways; (ii) , provided, however, that Landlord shall use its best efforts to close temporarily avoid any impact upon Tenant’s use of the Common Areas for maintenance purposes so long as reasonable access Project;
(iv) upon five (5) days notice to Tenant, eliminate from or add to the Premises remains available; 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;
(iiiv) upon five (5) days notice to Tenant, designate other land additional property outside the boundaries of the Building Complex Project to be a part of the Common Areas; ;
(ivvi) remove unauthorized persons from the Project;
(vii) upon five (5) days notice to add additional building and improvements Tenant, change the name or address of the Building or the Project;
(viii) upon five (5) days notice to Tenant, use or allow the Common Areas; (v) to use of the Common Areas while engaged in making additional improvementsmaintenance, repairs repairs, construction, or other alterations to the Building Complex, or Project; and
(ix) perform any portion thereof; and (vi) to do and perform such other acts and make such other changes in, to or with respect to alterations in the Common Areas and Building Complex the Project as Landlord maymay deem reasonably appropriate, in the exercise of sound business judgment deem upon notice to be appropriateTenant within a reasonable time prior to taking such action or making such changes.
Appears in 2 contracts
Common Areas. The As used in this Lease, the term “Common Areas” is defined as all areas and facilities outside means, the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for 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 roomswalkways, loading and unloading areas, trash landscaped areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Landlord hereby grants to Tenant, for the benefit of Tenant all other areas and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term 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 facilities now or under the terms of any rules and regulations or restrictions governing the use of hereafter at the Building Complexand intended for common use. Under no circumstances shall 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 therein 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. Landlord or such other person(sto:
(a) 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 establish and enforce reasonable rules and regulations with respect thereto. concerning the maintenance, management, use and operation of the Common Areas;
(b) close off any of the Common Areas to whatever extent required in the opinion of Landlord shall have and its counsel to prevent a dedication of any of the right, in Landlord’s sole discretion, from time to time: (i) to make changes Common Areas or the accrual of any rights by any person or the public to the Common Areas, including, without limitation, changes in provided such closure does not deprive Tenant of the location, size, shape substantial benefit and number enjoyment of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; the Demised Premises.
(iic) to temporarily close temporarily any of the Common Areas for maintenance purposes so maintenance, alteration or 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 the purpose of operating and maintaining the Common Areas, subject to such terms and 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 reasonable access 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 Premises remains availablearrangement or location of, or both, or to regulate or eliminate the use of parking spaces or other public conveniences at the Building, 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
(iiif) erect one or more additional buildings on the Common Areas, expand the existing Building to designate other land outside cover a portion of the boundaries Common Areas, convert Common Areas to a portion of the Building, convert any portion of the Building Complex (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 buildings or structures have been erected will no longer be deemed to be a part of the Common Areas; (iv) to add additional . Provided, however, that Landlord receives the requisite municipal and/or other governmental approval for the erection of said building and improvements to the Common Areas; (v) to use providing of the Common Areas while engaged corresponding parking 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 exercise of sound business judgment deem to be appropriaterelation thereto.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)
Common Areas. The term “(a) During the Term, until the occurrence of the Multi‑Tenant Occupancy Date, Tenant shall have the 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 Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use 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” is defined as all areas , at any time and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for time), and the general non-exclusive use of Landlordreasonable, Tenant nondiscriminatory rules 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. regulations promulgated by Landlord hereby grants to Tenant, for the benefit of Tenant and in its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist discretion from time to time, subject 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 rightsmaterial respect. Furthermore, powersTenant covenants not to do or permit to be done any act in, and privileges reserved by Landlord under the terms hereof on or under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein granted to use about the Common Areas be deemed 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 include 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 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 (A) 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and shall have 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 rightlighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, from time the “Promotional Rights”), subject to time, to establish, modify, amend and enforce Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect theretoto 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 rightright to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in Landlord’s sole discretiona manner that would reasonably be expected to have a material adverse impact on Tenant, from time to time: (i) 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; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building Complex, Landlord or any portion thereof; other Third Party Tenant. Tenant, Landlord and (vi) third‑party Tenants shall work cooperatively and in good faith 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 coordinate the exercise of sound business judgment deem to be appropriatethe Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Common Areas. The term “Common Areas” is defined as all areas 7.01 Subject to the provisions of Section 5.03, Landlord will enforce the Reciprocal Construction Operation and facilities outside Easement Agreement, between Ground Lessor and the Premises and within the exterior boundary line Township of the Building Complex that are provided and designated by the Landlord from time to time for the general non-exclusive use of Landlord, Weehawken.
7.02 Tenant and other tenants of the Building Complex its subtenants and their respective officers, 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractorsagents, customers and invitees, during the Primary Lease Term shall have the non-exclusive right to useright, in common with Landlord and all others entitled to whom such useright may have been or may hereafter be granted, the Common Areas as they exist from time to time, but subject to any rightsthe Rules and Regulations, powersif any, 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 Complex. Under no circumstances shall the right therein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areascommon 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 reserves the right, without notice, in addition to such other rights at any time 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. 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 establishclose temporarily all or any portions of the common areas of the Lincoln Harbor Project (provided that such closure does not unreasonably interfere with Tenant's business at the Demised Premises, modifyexcept in cases of emergency) when in Landlord's reasonable judgment any such closing is necessary or to (a) permit Hart▇ ▇▇ its successors or assigns or designees to make repairs or changes or to effect construction within the Lincoln Harbor project; (b) prevent the acquisition of public rights in such areas; or (c) to protect or preserve natural persons or property. Landlord may do such other acts in and to the 14 18 common areas of the Lincoln Harbor Project as in its reasonable judgment may be desirable to improve or maintain same, amend provided, however that Landlord shall not change the standard of maintenance of the common areas of the Lincoln Harbor Project without Tenant's approval, which approval shall not be unreasonably withheld or delayed. In all such events, Landlord's Work shall be commenced and enforce reasonable rules prosecuted diligently and regulations with respect theretoas little interference as possible with Tenant's use of the Demised Premises.
7.03 Tenant agrees that it, any subtenant or licensee and their respective officers, employees, contractors and agents will park their automobiles and other vehicles only where and as permitted by Landlord. Tenant will, if and when so requested by Landlord, furnish Landlord with the license numbers of any vehicles of Tenant, any subtenant or licensee and their respective officers, employees and agents. Tenant shall be furnished with the use of 1 unreserved parking space for every 690 square feet of Floor Space in the Building, of which spaces, at Tenant's request, five percent (5%) shall be reserved for exclusive executive parking. Tenant shall have access to all such spaces twenty-four (24) hours a day, throughout the Term. Landlord shall have the right, in Landlord’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 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 Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex maintain or cause to be maintained all such parking in a part of the Common Areas; (iv) manner reasonably satisfactory to add additional building and 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 exercise of sound business judgment deem to be appropriateTenant.
Appears in 1 contract
Common Areas. The term “Common Areas” is defined as areas" shall consist of all parts of the Center not under lease exclusively to Tenant hereunder or to other tenants, including, but not limited to, parking areas, access roads and facilities, driveways, sidewalks and other walkways, stairways, loading areas, malls (if any), landscaped areas, and such other areas and facilities outside the Premises improvements provided for common use and within the exterior boundary line of the Building Complex that are provided benefit. Lessor and designated by the Landlord from time to time for the general Tenant, and their customers, invitees, officers, employees, agents, sublessees, licensees, concessionaires and contractors, shall have common and non-exclusive rights to the use of Landlord, Tenant and other tenants of the Building Complex and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking said common areas, utility roomssubject, loading and unloading areashowever, 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, contractors, customers and invitees, during the Primary Lease Term the non-Lessor's 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 under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein 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. 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 modify and enforce reasonable rules and regulations with respect thereto. Landlord shall have to all common areas and facilities; to construct, maintain and operate lighting facilities on all said areas and improvements; to police the right, in Landlord’s sole discretion, common areas; from time to time: (i) time to make changes change the area, level, location and arrangement of parking areas and other facilities; to the Common Areasrestrict parking by tenants, includingtheir officers, without limitationemployees, changes agents, sublessees, licensees, concessionaires and contractors to employee parking areas; to enforce parking charges, by operation of meters or otherwise, with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of said areas or facilities to such extent as may, in the locationopinion of Lessor's counsel, size, shape and number be legally sufficient to prevent a dedication thereof or the accrual of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkwaysany rights to any person or the public therein; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building Complex, all or any portion thereofof the parking areas or facilities; to discourage non-customer parking; and (vi) to do and perform such other acts in and make such other changes in, to or with respect to the Common Areas said areas and Building Complex as Landlord mayimprovements as, in the exercise use of sound good business judgment deem judgment, Lessor shall determine to be appropriateadvisable with a view to the improvement of the convenience and use thereof. Lessor shall operate and maintain the common areas and facilities in such manner as Lessor, in its sole discretion, shall determine from time to time. Without limiting the scope of such discretion, Lessor shall have the full right and authority to employ all personnel and to make all rules and regulations pertaining to and necessary for the proper operation and maintenance of the common areas and facilities. Lessor shall be responsible for repairs and maintenance of the common areas, and lighting therefor, with payment of the expenses incident thereto as hereinafter provided for.
Appears in 1 contract
Common Areas. The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the a non-exclusive right license to use, in common with all others entitled to whom Landlord has or may hereafter grant such uselicense, 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 Complexhereinafter defined) located on Landlord’s Property. Under no circumstances shall the right therein 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 ” means the prior written consent of Landlord parking areas, roadways, pedestrian sidewalks, delivery areas, landscaped areas and all other areas or Landlord’s improvements 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. 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. Landlord shall have for the right, in common use of the tenants or occupants of Landlord’s sole discretion, from time to time: (i) to make changes to Property. Tenant shall keep the Common AreasAreas free and clear of litter, including, without limitation, changes trash and debris resulting from or attributable to Tenant’s operation from the Premises and shall cause its employees to park only 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; (ii) to close temporarily any portion of the Common Areas specifically designated by Landlord for maintenance purposes so long as reasonable access parking. 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, interfere with or impede the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part use of the Common Areas; (iv) to add additional building and improvements to . Landlord reserves the Common Areas; (v) to use the Common Areas while engaged in making additional improvementsright, 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 Landlord’s Property, to (a) establish rules and regulations for the use thereof; (b) temporarily close all or any portion thereof as Landlord maydeems necessary to prevent the dedication thereof or the accrual of 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 objects or structures of any kind as Landlord may desire; and (e) increase, decrease, reconfigure and/or add to Landlord’s Property. Landlord shall maintain the Common Areas in the exercise good condition and repair and reasonably clear of sound business judgment deem to be appropriatesnow and debris.
Appears in 1 contract
Sources: Lease (U-Store-It Trust)
Common Areas. The term “Common Areas” is defined as all areas and (a) All facilities outside furnished in the Premises and within the exterior boundary line of the Building Complex that are provided Shopping Center and designated by the Landlord from time to time for the general non-exclusive use use, in common, of Landlord, Tenant and other tenants occupants of the Building Complex Shopping Center, including Tenant, its officers, agents, assigns, employees and their respective employees, suppliers, shippers, customers, contractors and invitees, including but not limited to parking areas, utility roomsstreets, loading and unloading areassidewalks, trash areastunnels, bridges, canopies, roadways, sidewalksloading platforms, walkwayswashrooms, parkwaysshelters, driveways ramps, landscaped areas and landscaped areas. Landlord hereby grants to Tenantother similar facilities ("Common Areas"), for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, shall at all times be 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 Complex. Under no circumstances shall the right therein 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas Landlord; and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Landlord shall have the right, in Landlord’s sole discretion, right from time to time: (i) time to make changes to change, enlarge, diminish or rearrange the area, level, location and arrangement of the Common Areas, including, without limitation, changes in the location, size, shape to restrict parking by tenants and number of driveways, entrances, parking spaces, their employees to employee parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas to make all rules and walkways; (ii) regulations and do such things from time to close temporarily any of the Common Areas for maintenance purposes so long time as in Landlord's reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to discretion may be a part of necessary regarding the Common Areas; (iv) to add additional building and improvements to . Notwithstanding the Common Areas; (v) to use foregoing, during the Common Areas while engaged in making additional improvementsLease Term, 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 mayLandlord, in the exercise of sound business judgment deem its rights hereunder, shall not materially interfere with Tenant's use and occupancy of the Demised Premises and shall not, without Tenant's prior written consent: (i) erect any building, fence, wall, sign or other obstruction in the "no build area" shown cross hatched on Exhibit G, (ii) build any expansion or addition to the Shopping Center located over or under the Demised Premises, (iii) reduce the parking ratio below a ratio of 5.5 parking spaces for each 1,000 square feet of Gross Leasable Area of the Shopping Center, (iv) turn off the lights in the parking area of the Shopping Center before 11:00 p.m., or (v) allow any pay or commuter parking in the parking areas of the Shopping Center. Landlord agrees to maintain that portion of the Shopping Center that is adjacent to the right-of-way of I-77 so that the underbrush on that portion of the Shopping Center does not reduce the visibility of the Demised Premises.
(b) Commencing on the Rent Commencement Date, Tenant will pay to Landlord, as additional rent, without deduction or set-off, its share of Landlord's costs for operating, maintaining and securing the Common Areas. During each Lease Year of the initial Term of this Lease (the 1st through 11th Lease Years), Tenant's share of such costs shall be appropriateequal to Fifty Cents ($.50) per square foot of Floor Area of the Demised Premises, and during each Lease Year of the Renewal Period (the 12th through 21st Lease Years), Tenant's share of such costs shall be equal to Sixty Cents ($.60) per square foot of Floor Area of the Demised Premises. This annual charge shall be paid to Landlord in twelve (12) equal monthly installments in advance on the first day of each calendar month. Landlord agrees that it shall require each tenant in the Shopping Center to contribute to the cost of Common Area maintenance which contribution shall either be: (i) taken into account by Landlord in determining the amount of the tenant's rent, or (ii) set out as an additional charge.
(c) Notwithstanding any provisions of this Lease, if any governmental law, statute, ordinance, regulation, executive order or proclamation or other governmental requirement or any governmental regulation approved by Landlord requires or recommends that Landlord not perform any obligation as contained herein in connection with any energy generation and any energy conservation or use program, Landlord may comply therewith without being deemed in violation of this Lease.
Appears in 1 contract
Sources: Lease Agreement (800 Jr Cigar Inc)
Common Areas. The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term 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 under the terms of any rules and regulations or restrictions governing the use of the Building ComplexProject. Under Except as otherwise provided herein, under no circumstances shall the right therein herein granted to use the Common Areas Area be deemed to include the right to store any property, temporarily or permanently, in the Common AreasArea or to construct or install any improvements in the Common Area. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord’s 's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, then the 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 by Tenant to Landlord upon demand by Landlord. Landlord or such other person(s) as Landlord may appoint 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 authorized users of the Project. Any failure by Tenant or its agents, employees or representatives to observe and comply with the rules and regulations established by Landlord with respect to the Common Areas shall be a default by Tenant hereunder. Landlord shall have the right, right in Landlord’s '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 number of driveways, 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 Areas for maintenance purposes purposes, so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex Project to be a part of the Common Areas; (iv) to add additional building buildings and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building ComplexProject, or any portion thereof; and (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 accrual of the rights of any person or public therein; and, (vii) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Building Complex the Project as Landlord may, in the exercise of sound business judgment judgment, deem to be appropriate. 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 ▇▇▇ ▇▇▇▇▇ ▇▇▇▇, Sunnyvale, California. The total Rentable Area of the Building is 105,285 square feet.
Appears in 1 contract
Sources: Lease (Intuitive Surgical Inc)
Common Areas. The term “Common Areas” is defined as all areas (a) Subject to the provisions of Sections 6.8 and facilities outside 6.9, Lessee shall have the Premises and within nonexclusive, shared right to the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for the general non-exclusive reasonable 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled to such use, the all Common Areas as they exist from time to timedescribed on Exhibit 6.10 attached for the purposes intended, which use shall be in compliance with all Applicable Laws and Other Requirements and shall be subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under the terms of this Land Lease and to the Rules and Regulations. Lessee shall not interfere with the rights of any rules and regulations or restrictions governing the use all of the Building Complex. Under no circumstances shall the right therein granted Lessor, Lessor’s Agents, other lessees or licensees, or any other person entitled to use the Common Areas be deemed to include the right to store Areas, including any property, temporarily excessive use thereof by Lessee or permanently, in Lessee’s Agents.
(b) Lessor shall at all times have exclusive control of 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 Lessor shall have the right, exercisable in its sole and absolute discretion and without noticethe same constituting an actual or constructive eviction and without entitling Lessee to any abatement of Rent or other right or remedy, in addition to such other rights and remedies that it may haveso long as none of the following prevents or unreasonably restricts Lessee from operating the Lessee Business on the Leased Premises, to remove the property and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord. Landlord or such other person(sto: (i) as Landlord may appoint shall have the exclusive control and management close any part of the Common Areas to whatever extent required in the 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 shall have extent or hours of operation of the right, Common Areas; (iv) eliminate from time or add to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Landlord shall have the right, in Landlord’s sole discretion, from time to time: Property any land or improvement; (iv) to make changes to the Common AreasAreas (except for the location of Access Roads which is governed by Section 6.9), including, without limitation, changes in the location, size, shape and number location of drivewaysSite Amenities, entrances, passageways, doors and doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, loading and unloading areas, ingress, egress, sidewalks or the direction of traffic, landscaped areas the flow of traffic and walkways; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part site of the Common Areas; (ivvi) to add additional building and improvements to remove unauthorized persons from the Common Areas, the Leased Premises and the Property; and/or (vvii) to use change the name or address of the Property. Lessee shall keep the Common Areas while engaged clear of all obstructions, debris or rubbish created or permitted by Lessee. If, in making additional improvementsthe reasonable opinion of Lessor, repairs or alterations 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 Building ComplexLessee 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 Lessor to create as little interference as practicable with Lessor’s operations on, and Lessor’s use and enjoyment of, the Property. Lessee shall not cause or permit any damage or injury to occur to the portion of the Property that is subject to the Licenses, or any portion 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; and (vi) to do and perform such other acts and make such other changes in, to or with respect to any of the Common Areas and Building Complex and, upon Lessor’s request, shall promptly repair any such damage or promptly pay the cost of such repair to Lessor, as Landlord may, in the exercise of sound business judgment deem to be appropriateelected by Lessor.
Appears in 1 contract
Common Areas. The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term shall have the non-exclusive right to use, use in common with others entitled to such useLandlord and other tenants in the Project, the Common Areas as they exist from time to time, and subject to any rightsthe Rules and Regulations (as defined in Section 5.6, powersbelow), and privileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use those portions of the Building Complex. Under no circumstances shall and the right therein 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, Project 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. 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 rightare provided, from time to time, for non-exclusive use in common by Landlord, Tenant and any other tenants of the Project (such areas, including without limitation parking areas, access roads and sidewalks on the Project, whether or not shown on the Project Site Plan, and common facilities within the Buildings, such as lobbies, corridors, stairwells, elevators and restrooms, the Conference Facilities (as defined in Section 1.3.1, below), Cafeteria (as defined in Section 1.3.2, below) and Fitness Center (as defined in Section 1.3.2, below), together with such other portions of the Project designated to establishTenant in writing by Landlord to be shared by Landlord and certain tenants, modify, amend and enforce reasonable rules and regulations with respect theretoare collectively referred to herein as the “Common Areas”). Landlord shall have maintain and operate the rightCommon Areas in a manner consistent with Comparable Buildings (as defined in Section 6.1). Landlord reserves the right to close temporarily or permanently, in Landlord’s sole discretionmake alterations or additions to, from time to time: (i) to make changes to or change the location of elements of the Project and the Common Areas, including, without limitation, the right to (a) make 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; (iib) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (ivc) to add additional building and improvements to the Common Areas; (vd) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building ComplexProject, or any portion thereof; and (vie) to do and perform such other acts and make such other changes in, to or with respect to the Project, Building and Common Areas and Building Complex as Landlord may, in the exercise of sound business judgment may deem to be appropriate; and (f) to remove areas from use as Common Areas; provided, however, that Landlord’s exercise of the foregoing rights shall not materially, adversely interfere with Tenant’s use and occupancy of the Premises or the Common Areas, other than and excluding the Common Areas of Building 4, any or all of which may, in Landlord’s sole discretion, be closed temporarily or permanently, or be withdrawn from Common Areas, subject only to the last two sentences of Section 1.3.2. Notwithstanding anything to the contrary in this Section 1.3, during the Lease Term no expansion of the rentable square feet of space included within the Common Areas (whether or not in connection with future development of the Project) or removal from service of rentable square feet which was not part of the Common Areas as of the Lease Commencement Date shall result in an increase in the load factor included within the calculation of the size of the Premises for purposes of computing Tenant’s Share.
Appears in 1 contract
Sources: Office Lease (3com Corp)
Common Areas. The term “1. Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the . Landlord from time grants to time for 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, 's customers and invitees, during invitees the Primary Lease Term the non-exclusive right to use, in common with all others entitled to such usewhom Landlord has or may hereafter grant rights to use same, the Common Areas located within the Shopping Center. The term "Common Areas", as they exist from time to timeused in this Lease, subject to any rightsshad mean the parking areas, powersroadways, pedestrian sidewalks, loading docks, delivery areas, landscaped areas, service courts, open and enclosed courts and malls, fire corridors, meeting areas and public restrooms, and privileges reserved all other areas or improvements which may be provided by Landlord under for the terms hereof or under the terms of any rules and regulations or restrictions governing the common use of the Building Complex. Under no circumstances shall tenants of the right therein 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 LandlordShopping Center. Landlord or such other person(s) as Landlord may appoint shall have hereby reserves 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 shall have the right, in Landlord’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 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 Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and 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 following rights with respect to the Common Areas:
(a) To establish reasonable rules and regulations for the use thereof;
(b) To use or permit the use by others to whom Landlord may have granted such rights for promotional activities!;
(c) To close all or any portion thereof as may deemed necessary by Landlord's counsel to prevent a dedication thereof or the accrual of any rights to any person or the public therein;
(d) To change the layout of such Common Areas, including the right to reasonably add to or subtract from their shape and size, whether by the addition of building improvements or otherwise, and may make installations^ and/or construct or erect buildings, structures, booths therein or thereon and move or remove the same and shall have the right to retain revenue, '' . from income producing events whether or not conducted for promotional purposes or by or through the Merchant's Association, if any; and
(e) Landlord shall operate, manage, equip, light, repair and maintain said Common Areas for their intended purposes in an efficient and economical manner and may from time to time change the size, location, elevation, nature and/or use of any Common Areas.
2. Common Area Charge, Tenant shall pay to Landlord as a "Common Area Charge" a proportionate share of all costs and expenses of every kind and nature paid or incurred by Landlord in operating, maintaining, and repairing the Common Areas. Such costs and expenses shall include but not be limited to cleaning, lighting, repairing, maintaining, and replacing all common area improvements (provided, however, that any replacement of a common area improvement which is deemed a capital improvement by generally accepted accounting principles shall be amortized over its useful life); including without limitation, paving, roadways, sprinkler equipment (including standby charges), driveways, sidewalks, curbs, culverts and drainage facilities, barriers, retaining walls, fences, directional and Shopping Center signage (other than signs to be maintained by individual tenants), sewer and water supply lines and related facilities; snow removal, parking lot striping, painting, and painting of exterior walls, landscaping, providing security, providing public liability, property damage, fire and extended coverage and such other insurance as Landlord deems appropriate; including, but not limited to, the cost of Landlord's insurance provided for in Section L; total compensation and benefits (including premiums for Workmen's Compensation and other insurance) paid to or on behalf of employees; personal property taxes, supplies, fire protection and fire hydrant charges, water and sewer charges, utility charges, licenses and permit fees, reasonable depreciation of equipment used in operating and maintaining the Common Areas and Building Complex as rent paid for leasing such equipment, and administrative costs equal to fifteen (15%) per cent of the total cost of all the foregoing items (excluding insurance premiums paid by Landlord may, pursuant to Section L hereof). Tenant's Common Area Charge shall be determined by multiplying the total cost incurred by Landlord by the ratio of the square feet within the Premises to the gross leasable area within all of the existing buildings in the exercise Shopping Center as of sound business judgment deem the date of the billing. Tenant's Common Area Charge shall be paid in monthly installments on the first day of each month in an amount to be appropriateestimated by Landlord. Within ninety (90) days following the end of the period used by Landlord in estimating Landlord's cost, Landlord shall furnish to Tenant a detailed statement of the actual amount of Tenant's proportionate share of such Common Area Charge for such period. Within fifteen (15) days thereafter, Tenant shall pay to Landlord or Landlord shall remit to Tenant, as the case may be, the difference between the estimated amounts paid by Tenant and the actual amount of Tenant's Common Area Charge for such period as shown by such statement, subject to Section A. 12 and A. 13. The Common Area Charges described in this Section G shall be subject to audit by a certified public accounting firm of Tenant's choice, at the address Landlord set forth in this Lease, at Tenant's expense during regular business hours for one (1) year following the end of the period used by Landlord in estimating . Landlord's cost. Landlord shall use its best efforts to operate the center economically and efficiently.
Appears in 1 contract
Sources: Lease Agreement (Dollar Tree Inc)
Common Areas. The term “Common Areas” is defined as all In addition to the Premises, Tenant shall have the use of those certain common areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and 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 general non-exclusive nonexclusive use of Landlord, Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and all other tenants of the Building Complex Property and their respective employeesall such other persons to whom Landlord has previously granted, suppliersor may hereinafter grant, 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 Tenant, for the benefit rights of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled usage; provided that such nonexclusive use shall be expressly subject to such use, reasonable rules and regulations which may be adopted by the Common Areas as they exist Landlord 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 Complex. Under no circumstances Tenant shall the right therein granted not be entitled to use the Common Areas be deemed to include for storage of goods, vehicles, refuse or any other items. Landlord reserves the right to store any propertyalter, temporarily modify, enlarge, diminish, reduce 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of eliminate the Common Areas and shall have the right, from time to timetime in its sole discretion; provided, to establishhowever, modify, amend it does not unreasonably and enforce reasonable rules materially interfere with Tenant’s use and regulations with respect theretooccupancy of the Premises. Landlord shall have the right, in Landlord’s sole discretion, from time right to time: (i) to make changes to the modify Common Areas, includingand if necessary, without limitationparts of the Premises, changes in order to implement new, necessary security measures and Landlord shall endeavor to minimize any adverse effect on Tenant’s use of 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; (ii) to close temporarily Premises. If Tenant shall use any of the Common Areas for maintenance purposes so long as reasonable access 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 the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building clear and 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 clean the Common Areas and Building Complex as Landlord maydispose of such items, in the exercise including but not limited to, a disposal fee of sound business judgment deem to be appropriatetwenty-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. The term “Common Areas” is defined as all areas (a) All areas, space, equipment and facilities outside services provided by Lessor, if any, for the Premises common use and within benefit of Lessor and the exterior boundary line occupants of the Building Complex that are provided and designated by the Landlord from time to time for the general non-exclusive use of LandlordBuilding, Tenant and other tenants of the Building Complex and their respective employees, suppliersagents, shippers, customers, contractors customers and inviteesinvites, including without limiting the generality of the foregoing, exterior Building surfaces, support and all structural elements, roof, parking areas, utility roomsdriveways, passages, loading and unloading areas, trash areas, roadwaysdocks, sidewalks, walkwaysramps, parkwaysopen and enclosed courts and halls, driveways and landscaped areas. Landlord hereby grants to Tenant, 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 leased premises of any tenant and other areas and improvements provided by Lessor for the benefit common use of Tenant Lessor and its employeestenants shall be deemed "Common Area", suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, shall be 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 Complex. Under no circumstances shall the right therein 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas and Lessor. Lessor shall have the rightright to police the Common Areas; to change the area level, from time location and arrangement of parking areas, and other facilities; to time, reasonably restrict parking by Lessee; to establish, modify, amend 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 enforce reasonable rules and regulations with respect theretoto temporarily close all or any portion of the parking areas or facilities to discourage non-customer parking. Landlord Lessor shall also have the right, in Landlord’s sole discretion, from time to time: (i) right to make changes changes, additions, deletions, alterations and improvements in and to the Common Areas, includingor any portion thereof, without limitation, changes and there shall be no reduction in the location, size, shape and number rent or other sums due under this Lease as a result 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 same except any decrease or change in parking spaces requires Lessee's written consent. Lessor shall operate and maintain the Common Areas for maintenance purposes so long in such manner as reasonable access Lessor in its discretion shall determine, and Lessor shall have full right and authority to employ and discharge all personnel with respect to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part operation and maintenance of the Common Areas; (iv) . Lessee agrees to add additional building comply with all rules and improvements regulations which may from time 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 time be promulgated by Lessor with respect to the operation and 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 payment of rent or any other sums due from Lessee under this Lease.
(b) Lessor shall not be liable for any damage of any nature whatsoever to, 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 not be obligated to provide any type of security in or about the Premises, the Common Areas, the Building or the 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 Building Complex as Landlord mayhold Lessor harmless and shall pay all costs, expenses and attorney's fees incurred or paid by Lessor in the exercise of sound business judgment deem to be appropriateconnection with such litigation, including all appeals therefrom.
Appears in 1 contract
Sources: Lease Agreement (Divine Skin Inc.)
Common Areas. The term “Common Areas” is defined as all areas use and facilities outside occupation by Tenant of the Premises and within in accordance with the exterior boundary line terms of this lease shall include a right to use the Building Complex that are provided and designated by the Landlord from time to time for the general non-exclusive use of Landlord, Tenant and Common Areas in common with other tenants of the Building Complex Project; subject, however, to the terms and their respective employees, suppliers, shippers, customers, contractors conditions of this Lease and invitees, including parking areas, utility rooms, loading to the Rules and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Landlord hereby grants to Tenant, Regulations for the benefit use of Tenant the Premises and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled to such use, the Common Areas which are attached hereto as they exist Exhibit "C" and made a part hereof as the same may be reasonably amended by Landlord from time to time, subject with which Tenant covenants and agrees 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 Complexcomply. Under no circumstances shall the right therein granted to use the All 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 agentsubject, 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 haveall times, to remove the property and charge the cost to Tenant, which cost shall be immediately payable 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 by Landlord, and Landlord shall have the right, right from time to time, time to change the dimensions and location and to establish, modify, amend modify and enforce reasonable rules and regulations with respect theretoto all Common Areas. Landlord shall have the rightright to construct additional buildings or improvements, in Landlord’s sole discretionconstruct additional stories on existing buildings and to maintain, from time to time: (i) 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 operate lighting facilities on all said areas and walkwaysimprovements; (ii) to close temporarily any 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 Areas for maintenance purposes so long as reasonable access to 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. If the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part amount of the Common Areas; (iv) Areas is diminished, Landlord shall not be subject to add additional building and improvements any liability nor shall Tenant be entitled to the Common Areas; (v) to use the any compensation or abatement of Basic Rental or Additional Rent, nor shall such diminution of Common Areas while engaged in making additional improvements, repairs be deemed an actual 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 exercise of sound business judgment deem to be appropriateconstructive eviction.
Appears in 1 contract
Common Areas. 5.1 The term “Landlord covenants and agrees to maintain and provide servicing of Common 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, at all times, have exclusive control and management of the Project, and, without limiting the generality of the foregoing, such control shall apply to signs, the use of show windows and the use made by the Tenant and the public of the parking areas of the Project. The Landlord shall have the right to use any part of the Common Areas” is defined as , from time to time, for merchandising, display, decorations, entertainment and structures designed for retail selling (including kiosks) or special features or promotional activities and the Landlord shall be entitled to receive and retain all areas revenue in respect thereof, subject to the provisions hereof.
5.3 The Landlord hereby grants to the Tenant, its employees, invitees and facilities outside 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 and within the exterior boundary line with or without vehicles over that portion of the Building Complex 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 designated 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 general non-exclusive use of Landlordthe 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 and or any other tenants of the Building Complex and their respective employees, suppliers, shippers, customers, contractors and invitees, including Project.
5.5 The Tenant shall not keep or display any merchandise on or otherwise obstruct the parking areas, utility rooms, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Landlord hereby grants to Tenant, for the benefit any other part of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled to such use, 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 they exist 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 whatsoever; provided that the Landlord shall at all times maintain in the Building 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, subject to any rights, powers, parking areas and privileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use other parts of the Building Complex. Under no circumstances shall Project (excluding the right therein granted Premises) from those existing at the Commencement Day or shown on Schedule A1;
(e) make changes and additions to use the Common Areas be deemed to include the right to store any propertypipes, temporarily conduits and ducts or permanently, other structural and non-structural installations 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 Premises where desirable 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of serve the Common Areas and shall have other premises in the rightProject or to facilitate expansion or alteration of the Project, from time to time, to establish, modify, amend (including without limitation the construction and enforce reasonable rules erection of columns and regulations with respect thereto. support facilities) but the Landlord shall have not unreasonably interfere with the rightuse and enjoyment of the Premises beyond the extent necessarily incidental to such changes, in Landlord’s sole discretionadditions and installations, from time to time: (i) to and the Landlord shall make changes good any damage to the Common Areas, including, without limitation, changes Premises arising in the location, size, shape course of such changes and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; additions;
(iif) add additional lands to the Project;
(g) temporarily obstruct or close temporarily any of off the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and 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 thereofparts thereof for the purpose of maintenance, repair or construction; and
(h) have access for itself and (vi) to do all workers, agents, contractors and perform such other acts and make such other changes in, to or with respect to licensees at all reasonable times for the Common Areas and Building Complex as Landlord may, purpose of carrying out the activities set forth in the exercise of sound business judgment deem to be appropriatethis Article 5.
Appears in 1 contract
Sources: Lease (Zymeworks Inc.)
Common Areas. The term “Common Areas” is defined as all areas Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and facilities outside subject to the Premises rules and within the exterior boundary line regulations referred to in Article 10 of this Lease, those portions of the Building Complex that Project which are provided and designated by the Landlord provided, from time to time time, for the general non-exclusive use of in common by Landlord, Tenant and any other tenants of the Building Complex Project (such areas are collectively referred to herein as the “Common Areas”). The Common Areas may include a cafeteria or other restaurant located within the Project, a health club located within the Project, park or other facilities open to the general public 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 areaslandscape areas located within and appurtenant to the Project. However Landlord hereby grants to Tenantmakes no representation that any such Common Areas, for whether or not such Common Areas are available as of the benefit date of Tenant and its employeesthis Lease, suppliers, shippers, contractors, customers and invitees, during shall be available throughout the Primary entire Lease Term the non-exclusive right to use, Term. The manner in common with others entitled to such use, which the Common Areas are maintained and operated shall be in the reasonable discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other first-class life science buildings in the vicinity of the Project, and the use thereof shall be subject to such rules, regulations and restrictions as they exist Landlord may make 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 Complex. Under no circumstances shall reserves the right therein 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. 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. Landlord shall have the right, in Landlord’s sole discretion, from time to time: (i) to close temporarily, make changes to alterations or additions to, or change the location of elements of the Project and the Common Areas, including, without limitation, changes in the location, size, shape and number of street entrances, driveways, entrancespassages ways, parking spacesstairways, parking direction of traffic, landscaped areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building buildings and improvements to the Common Areas; (viii) to use the Common Areas while engaged in making additional improvements, repairs repairs, or alterations to the Building Complex, or any portion thereofProject; and (viiv) 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 exercise of sound business judgment may deem to be appropriate; provided, however, that in no event shall any such actions by Landlord materially increase the amount of Additional Rent payable by Tenant or materially decrease Tenant’s beneficial use and enjoyment of the Premises. To the extent that the fitness center currently existing in the Building remains an amenity available to the other tenants and occupants of the Project, Tenant shall be entitled to the non-exclusive use of such fitness center during the Lease Term, provided such use shall be subject to Landlord’s reasonable rules and regulations, and subject to the payment of the then-applicable standard and non-discriminatory usage fees.
Appears in 1 contract
Sources: Lease (Ligand Pharmaceuticals Inc)
Common Areas. The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time hereby grants to time Tenant for the general non-exclusive common use of Landlord------------ Tenant, Tenant its customers, employees, agents and invitees together with other tenants of the Building Complex and Building, their respective customers, employees, suppliersagents and invitees throughout the Lease Term, shippersthe right to use the common areas within the Building. The term "Common Area," as used herein, customersshall refer to all portions of ----------- the Building (except for the areas specifically leased to Tenants), contractors and inviteesincluding, including parking areasbut not limited to, utility roomsall aisles, loading and unloading areascorridors, trash areasstairways, roadwaysentrances, sidewalks, walkwaysroofs, parkwaysatriums, driveways elevators, and landscaped areas. Landlord hereby grants to Tenantall utility, for the benefit of Tenant mechanical, services, systems, fixtures and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, facilities used in common with others entitled to such use, by 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 tenants of the Building Complexand situated within or servicing the Building. Under no circumstances shall the right therein granted to use the 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 subject 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas Landlord and Landlord shall have the rightright to establish reasonable rules and regulations with respect to the Common Areas, to modify, change and rescind the same, from time to time, to establish, modify, amend and enforce reasonable provided such rules and regulations with respect theretoshall not be established or enforced in a manner that unreasonably diminishes Tenant's rights to the Common Area or materially adversely affects Tenant's access to the Premises or to the parking facilities, and to enforce-the same under the terms of this 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. Landlord shall have the right, in Landlord’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 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 Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and improvements to the Common Areas; (v) right to use the Common Areas while engaged for charitable or commercial events at reasonable times without obligation or compensation to Tenant provided such uses do not materially interfere with Tenant's access to or use of the Premises or its quiet enjoyment thereof. Landlord shall not alter the Common Area in making additional improvements, repairs such a manner as to materially interfere with the conduct of Tenant's business on the Premises or alterations Tenant's access to the Building Complex, Premises 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, parking facilities without Tenant's consent which Tenant may withhold in the exercise of sound business judgment deem to be appropriateits sole discretion.
Appears in 1 contract
Common Areas. The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for 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. (a) Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term 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 under the terms of any rules and regulations or restrictions governing the use of the Building ComplexProject. Under no circumstances shall the right therein herein granted to use the Common Areas Area be deemed to include the right to store any property, temporarily or permanently, in the Common AreasArea or to construct or install any improvements in the Common Area. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord’s 's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, then the 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 by Tenant to Landlord upon demand by Landlord. .
(b) Landlord or such other person(s) as Landlord may appoint 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 authorized users of the Project. Any failure by Tenant or its agents, employees or representatives to observe and comply with the rules and regulations established by Landlord with respect to the Common Areas shall be a default by Tenant hereunder.
(c) Landlord shall have the right, right in Landlord’s '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 number of driveways, 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 Areas for maintenance purposes purposes, so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex Project to be a part of the Common Areas; (iv) to add additional building buildings and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building ComplexProject, or any portion thereof; and (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 accrual of the rights of any person or public therein; and, (vii) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Building Complex the Project as Landlord may, in the exercise of sound business judgment judgment, deem to be appropriate.
Appears in 1 contract
Common Areas. The term “Common Areas” is defined as all areas (a) Subject to the provisions of Sections 6.8 and facilities outside 6.9, Lessee shall have the Premises and within nonexclusive, shared right to the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for the general non-exclusive reasonable 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled to such use, the all Common Areas as they exist from time to timedescribed on Exhibit 2.1(a) attached for the purposes intended, which use shall be in compliance with all Applicable Laws and Other Requirements and shall be subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under the terms of this Land Lease and to the Rules and Regulations. Lessee shall not interfere with the rights of any rules and regulations or restrictions governing the use all of the Building Complex. Under no circumstances shall the right therein granted Lessor, Lessor’s Agents, other lessees or licensees, or any other person entitled to use the Common Areas be deemed to include the right to store Areas, including any property, temporarily excessive use thereof by Lessee or permanently, in Lessee’s Agents.
(b) Lessor shall at all times have exclusive control of 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 Lessor shall have the right, exercisable in its sole and absolute discretion and without noticethe same constituting an actual or constructive eviction and without entitling Lessee to any abatement of Rent or other right or remedy, in addition to such other rights and remedies that it may haveso long as none of the following prevents or unreasonably restricts Lessee from operating the Lessee Business on the Leased Premises, to remove the property and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord. Landlord or such other person(sto: (i) as Landlord may appoint shall have the exclusive control and management close any part of the Common Areas to whatever extent required in the 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 shall have extent or hours of operation of the right, Common Areas; (iv) eliminate from time or add to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Landlord shall have the right, in Landlord’s sole discretion, from time to time: Property any land or improvement; (iv) to make changes to the Common AreasAreas (except for the location of Access Roads which is governed by Section 6.9), including, without limitation, changes in the location, size, shape and number location of drivewaysSite Amenities, entrances, passageways, doors and doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, loading and unloading areas, ingress, egress, sidewalks or the direction of traffic, landscaped areas the flow of traffic and walkways; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part site of the Common Areas; (ivvi) to add additional building and improvements to remove unauthorized persons from the Common Areas, the Leased Premises and the Property; and/or (vvii) to use change the name or address of the Property. Lessee shall keep the Common Areas while engaged clear of all obstructions, debris or rubbish created or permitted by Lessee. If, in making additional improvementsthe reasonable opinion of Lessor, repairs or alterations 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 Building ComplexLessee 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 Lessor to create as little interference as practicable with Lessor’s operations on, and Lessor’s use and enjoyment of, the Property. Lessee shall not cause or permit any damage or injury to occur to the portion of the Property that is subject to the Licenses, or any portion 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; and (vi) to do and perform such other acts and make such other changes in, to or with respect to any of the Common Areas and Building Complex and, upon Lessor’s request, shall promptly repair any such damage or promptly pay the cost of such repair to Lessor, as Landlord may, in the exercise of sound business judgment deem to be appropriateelected by Lessor.
Appears in 1 contract
Sources: Lease Agreement (Arconic Inc.)
Common Areas. The term 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 lessees and their customers in the Building (all herein collectively called the “Common Areas” is defined as ”) shall at all areas times be subject to the exclusive control and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for the general non-exclusive use management of Landlord; provided, Tenant and other tenants of the Building Complex and their respective employeeshowever, 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term 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 under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein 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 that 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas and shall not be deemed an undertaking by Landlord to ensure or be a guaranty of the safety of Tenant or any of its agents, employees, contractors, customers or invitees, or the property of any such parties. Tenant shall have the rightnon-exclusive right to use the Common Areas, from time in common with other lessees in the Building, subject to timethe Rules and Regulations (as hereinafter defined). If the size or configuration of the Common Areas is diminished or altered, Landlord shall not be liable to establishTenant on account thereof nor shall Tenant be entitled to any compensation or reduction or abatement of the Rent, modify, amend and enforce reasonable rules and regulations with respect theretoany such diminution or alteration shall not be considered a constructive or actual eviction. Tenant also agrees that Landlord shall have the right, in Landlord’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 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 Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and 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) right to do and perform such other acts in and make such other changes in, to or with respect to the Common Areas and Building Complex as Landlord mayLandlord, in the exercise of sound its good faith business judgment deem judgment, shall determine from time to time to be appropriateadvisable. Landlord shall use commercially reasonable efforts to ensure that Landlord’s control of and acts within the Common Areas do not materially hinder access to, nor materially diminish Tenant’s quiet enjoyment or use 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. SECURITY/PARKING. The term “Common Areas” is defined as all common areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided shall be subject to Landlord's sole management and designated by control. Without limiting the Landlord from time to time for the general non-exclusive use of Landlord, Tenant and other tenants generality of the Building Complex immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and their respective employeesoperate lighting systems, suppliersfacilities, shippersimprovements, customersequipment and signs on, contractors and inviteesin or to all parts of the common areas; change the number, including parking areassize, utility roomsheight, loading and unloading areaslayout, trash areas, roadways, sidewalks, walkways, parkwaysor locations of walks, driveways and landscaped areas. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term 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 truckways or under the terms of any rules and regulations parking areas now or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein 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. 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. Landlord shall have the right, in Landlord’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 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 Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be later forming a part of the Common AreasLand or Building; (iv) to add additional building and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs make alterations or alterations additions to the Building Complex, or common area; close temporarily all or any portion thereofof the common areas to make repairs, changes or to avoid public dedication: grant easements to which the Land will be subject, replat, subdivide, or make other changes to the Land; place, relocate and operate utility lines at the Land and Building; and (vi) use or permit the use of all or any portion of the roofs of the Building. Landlord has no duty or obligation to do and perform such other acts and make such other changes provide any security services in, to on or around the Premises, Land or Building, and Tenant recognizes that security services, if any, provided by Landlord will be for the sole benefit of Landlord and the protection of Landlord's property and under no circumstances shall Landlord be responsible for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant's Agents or property in, on or about the Premises, Land or Building. During the Lease Term, as may be extended, and provided that an Event of Default has not occurred and is not then continuing, Tenant shall be entitled to eight (8) underground reserved parking spaces at the Building. Landlord shall maintain a 4.0/1,000 square foot ratio for outdoor surface parking spaces at the Building and the Land; provided that Landlord reserves the right to relocate parking areas and driveways and to build additional improvements in the common areas of the Building and the Land; provided that the parking areas shall remain in reasonably close proximity to the Common Areas and Building Complex as Landlord may, in the exercise of sound business judgment deem to be appropriateBuilding.
Appears in 1 contract
Sources: Office Lease (Eloyalty Corp)
Common Areas. The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term of this Lease, the non-exclusive nonexclusive right to use, in common with all others entitled to such useso entitled, the Common Areas of the Shopping Center. As used herein, the term “Common Areas” shall mean and include all areas, facilities and improvements provided from time to time for the general, common or joint use on a non-exclusive basis by Landlord and the tenants of the 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 outside of the Shopping Center property, except as they exist may be otherwise designated by Landlord for the exclusive use of any tenant. The Common Areas shall be subject to the exclusive control and management of Landlord and to such rules and regulations as Landlord may from time to time, subject to adopt. Tenant shall refrain from doing 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 Complex. Under no circumstances shall the right therein 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 act which interferes with 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas and shall have Area or with the right, use of Common Area by others. Landlord hereby reserves the right at any time or from time to timetime 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 establishthe 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, modifyin the sole discretion of Landlord’s counsel, amend 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 enforce to such Common Areas, provided that there shall be no unreasonable obstruction of Tenant’s right of ingress to or egress from the Demised Premises; and (f) adopt reasonable rules and regulations with respect thereto. Landlord by which Tenant shall have the right, in Landlord’s sole discretion, from time to time: (i) to make changes abide relating 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; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part use of the Common Areas; (iv) . 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 indicated on Exhibit A without change. Landlord may demolish buildings and improvements, build additional buildings, add additional building floors, change the layout and improvements to otherwise change or reduce the Common Areas; (v) to use Shopping Center buildings, the parking areas or Common Areas while engaged in making additional improvementsat any time, 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 exercise of sound business judgment deem to be appropriatedeems necessary or desirable.
Appears in 1 contract
Sources: Shopping Center Lease Agreement
Common Areas. The term “42.1 As used in this Lease, "Common Areas” is defined as " shall mean all areas and facilities outside the Premises and within the exterior boundary line Project which are available for the common use of tenants of the Building Complex that Project and which are provided not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, corridors, landscaping and designated by the planted areas. Landlord may from time to time for change the general non-exclusive size, location, nature and use of Landlord, Tenant and other tenants any of the Building Complex and their respective employees, suppliers, shippers, customers, contractors and inviteesCommon Areas, including parking converting Common Areas into leasable areas, utility roomsconstructing additional parking facilities (including parking structures) in the Common Areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways increasing or decreasing Common Area land and/or facilities. Tenant acknowledges that such activities may result in occasional inconvenience to Tenant from time to time. Such activities and landscaped areas. Landlord hereby grants to changes shall be expressly permitted if they do not materially affect Tenant, for 's use of the benefit of Property.
42.2 Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term shall have the non-exclusive right to use, (in common with other tenants and all others entitled to whom Landlord has granted or may grant 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 Complex. Under no circumstances shall the right therein 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. 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. Landlord shall have the right, in Landlord’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 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 Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and improvements to the Common Areas; (v) to use the Common Areas while engaged for the purposes intended, subject to such reasonable rules and regulations as Landlord may establish from time to time. Tenant shall abide by such rules and regulations and shall use its best efforts to cause others who use the Common Areas with Tenant's expressed or implied permission to abide by Landlord's rules and regulations. At any time, Landlord may close any Common Areas to perform any acts in making additional improvementsand to the Common Areas as, repairs in Landlord's judgment, may be desirable to improve the Project. Tenant shall not, at any time, interfere with the rights of Landlord, other tenants, or alterations any other person entitled to use the Common Areas.
42.3 Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project, in Landlord's sole discretion, as a first class commercial real property development. All costs incurred by Landlord for the operation and maintenance of the Common Areas in the Project shall be allocated by Landlord, in its discretion, among the buildings within the Project. The Common Area costs allocated to the Building Complexshall be included in the Total Operating Expenses, pursuant to Paragraph 3.9(m). Common Area costs include, but are not limited to, costs and expenses for the following: gardening and landscaping; utilities, water and sewage charges; maintenance of signs (other than Tenants' signs), premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and worker's compensation insurance; all real property taxes and assessments levied on or any portion thereof; and (vi) to do and perform such other acts and make such other changes in, to or with respect attributable to the Common Areas and Building Complex as all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line appreciation on personal property owned by Landlord may, which is consumed in the exercise operation or maintenance of sound business judgment deem the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing, repaving, maintenance, painting, lighting, cleaning, refuse removal, security and similar items; reserves for roof replacement and exterior painting and other appropriate reserves; and reasonable allowance to Landlord for Landlord's supervision of the Common Areas (not to exceed five percent (5%) of the total of all other Common Area costs for the year). Landlord may cause any or all of such services to be appropriate.provided by third parties. Common Area costs shall not include depreciation of real property which forms part of the Common Area. Landlord's Initials /s/ [Illegible] Tenant's Initials /s/ [Illegible]
Appears in 1 contract
Common Areas. The term “Common Areas” Area" is defined as to mean all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex Property that are provided and designated by the Landlord from time to time for the general non-exclusive use or benefit of Landlord, Tenant and other tenants of the Building Complex Property and their respective employees, suppliersagents, shippers, customers, contractors customers and invitees. Common Area may include, including without limitation, parking areas, utility rooms, common loading and unloading areas, common trash areas, roadways, sidewalks, walkways, parkways, driveways driveways, corridors, landscaped areas and landscaped areasany restrooms used in common by two or more tenants of the Property. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractorsagents, customers and invitees, during the Primary Lease Term invitees shall have the non-exclusive right to use, (in common with others entitled other tenants, Landlord, and any other person granted use by Landlord) to such use, use of the Common Areas as they exist from time Area. Tenant agrees to timeabide 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 any rights, powers, and privileges reserved by provisions of Article 21. Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein 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 has 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. 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 rightits sole discretion, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Landlord shall have the right, in Landlord’s sole discretion, from time to time: (i1) to make changes to the Common AreasArea, including, including without limitation, 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 walkways and walkways; (iisidewalks,(2) to close temporarily any of the Common Areas Area for maintenance or other purposes so long as reasonable access to the Premises remains availableis not materially impaired; (iii3) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and improvements to the Common AreasArea and the Property; (v4) to use the Common Areas Area while engaged in making additional improvements, repairs or alterations to the Building Complex, Property or any portion thereof; and (vi5) so long as Tenant's access to the Premises is not materially impaired, do and perform such any other acts and or make such any other changes in, to or with respect to the Common Areas Area and Building Complex Property as Landlord may, in the exercise of sound business judgment 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. The term “A. LANDLORD shall make available within or adjacent to the POMPANO/LINCOLN INDUSTRIAL, LTD such Common Areas” is defined , together with any Common Areas made available by means of cross easements and/or reciprocal construction, operating and easement agreements, as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord LANDLORD shall, from time to time time, deem to be appropriate for the general non-exclusive use of LandlordPOMPANO/LINCOLN INDUSTRIAL, Tenant LTD and other tenants of the Building Complex LANDLORD shall operate and maintain such Common Areas for 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 areasintended purpose. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term TENANT shall have the non-exclusive right during the term of this Lease to use, in common with others entitled to such use, use (for their intended purposes) the Common Areas as they exist from time for itself, its employees, agents, customers, invitees, licensees and concessionaires subject, however, to time, the provisions of this Article.
B. All Common Areas shall be 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 Complex. Under no circumstances shall the right therein 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas LANDLORD, and LANDLORD shall have the right, at any time and from time to time, to establish, modify, amend and enforce reasonable uniform rules and regulations with respect theretorespeql. Landlord 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, in Landlord’s sole discretion, from time to time: right (ia) to make changes to close, if necessary, all or any portion of the Common Areas, including, without limitation, changes Areas to such extent as may in the locationopinion of LANDLORD'S counsel be reasonably necessary to prevent a dedication or public taking thereof or the accrual of any rights of any person or of the public therein, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (iib) to close temporarily all or any portion of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; discourage non-customers' use, (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and improvements to the Common Areas; (vc) to use portions of the Common Areas while engaged in making additional improvements, improvements or repairs or alterations to the Building ComplexPOMPANO/LINCOLN INDUSTRIAL, LTD, (d) to transfer, in whole or in part, any portion thereof; 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 (vie) to do and perform such other acts and make such other changes (whether similar or dissimilar to the foregoing) in, to or and with respect to, the Common Areas as in 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 any 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 shall not at any time interfere with the 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 Costs (as such terms are defined below) for each Lease Fiscal Year. LANDLORD shall notify TENANT from time to time of the amount which LANDLORD estimates will be the amount of 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 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 preceding calendar year. LANDLORD shall submit to TENANT annually a statement showing the Common Area Costs to be paid by TENANT with respect to such year, the Common Areas amount heretofore paid by TENANT during such Lease Fiscal and Building Complex the amount of the resulting balance due thereon, or overpayment thereof, as Landlord maythe case may be. 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 to the matters set forth therein, if no objection is raised with respect thereto within thirty (30) days after submission of each statement to TENANT. TENANT shall have the right, at TENANT'S expense, to examine LANDLORD'S books and records at the offices of LANDLORD during ordinary business hours not more than once in each Lease Fiscal Year for the purpose of verifying the matters set forth in the exercise of sound business judgment deem to be appropriatestatement for the immediately preceding Lease Fiscal Year.
Appears in 1 contract
Common Areas. The term 8.1. Subject to Landlord’s rights in this Section VIII during the Term, Landlord shall make available from time to time in the Shopping Center such Common Areas as Landlord shall deem appropriate. “Common Areas” is defined as shall mean all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated improvements now or hereafter existing, made available by the Landlord from time to time for the general non-exclusive common and joint use of Landlord, Tenant and other tenants and occupants of the Building Complex Shopping Center, 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractorsagents, customers and invitees, during the Primary Lease Term the non-exclusive right which may include if provided, but shall not be limited 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 under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein 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. 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. Landlord shall have the right, in Landlord’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 number of driveways, entrances, parking spacesfootways, parking areas, loading walkways and unloading areasall other areas in the Shopping Center now or hereafter constructed to be used in common by the tenants and/or customers of the Shopping Center. All Common 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, ingress, egress, management and direction of traffic, landscaped areas and walkways; said Common Areas. Landlord further shall have the right (iibut shall not be obligated) (a) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of police the Common Areas; (ivb) to add additional building restrict parking by tenants, their officers, agents and improvements to the Common Areasemployees; (vc) to use designate employee parking areas; (d) to establish and enforce parking charges, with appropriate provisions for free-parking ticket validation by tenants; (e) to close temporarily all or any portion of the Common Areas while engaged in making additional improvements, repairs or alterations to the Building Complex, or any portion parts thereof, including the parking areas or facilities for the purpose of maintenance, repairs, and/or construction; (f) to discourage non-customer parking; and (vig) to do and perform such other acts in and make to such other changes inareas 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 with respect 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 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 Areas and Building Complex as Landlord maythe entrances to and exits from the Common Areas); (ii) construct other buildings, structures or improvements in the exercise Common Areas and elsewhere in the Shopping Center (including, without limitation, construction of sound business judgment deem 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 be appropriateconstruct and erect columns and support facilities in any building), and construct additional buildings or facilities adjoining or proximate to the Shopping Center; (iii) expand, reduce, or alter the 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 Areas and other premises in the Shopping Center or to facilitate the expansion or alteration of the Shopping Center (including, without limitation, the construction and erection of columns and support facilities); and (vi) add additional real property to the Shopping Center.
Appears in 1 contract
Common Areas. The term “Common Areas” is defined as all areas Tenant and facilities outside its employees, agents, invitees and licensees are also granted the Premises and within right, in common with others, to the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for the general non-exclusive use of Landlord, Tenant and other tenants such of the Building Complex areas as are from time to time designated by Landlord as “Common Areas” within the Shopping Center, subject to the exclusive control and their respective employeesmanagement thereof at all times by Landlord and the exclusive rights of certain tenants and/or other occupants of the Shopping Center in and to portions of such areas. The Common Areas shall include the facilities in the Shopping Center which are designated for the general use, suppliersin common, shippersof the occupants of the Shopping Center, customersand to the extent the same are provided, contractors and invitees, including the parking areas, utility rooms, loading and unloading areas, trash areassidewalks, roadways, sidewalksloading platforms, walkwaysrestrooms, parkwaysramps, driveways maintenance and mechanical areas, management offices, promotion offices, and landscaped areas. Landlord hereby grants will operate and maintain or will cause to Tenant, for the benefit of Tenant be operated and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled to such use, maintained the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved in a manner deemed by Landlord under to be reasonable and appropriate and in the terms hereof or under the terms of any rules and regulations or restrictions governing the use best interests of the Building ComplexShipping Center. Under no circumstances shall Landlord will have the right therein 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. Landlord or such other person(s(i) 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 modify and enforce reasonable rules and regulations with respect thereto. Landlord shall have the right, in Landlord’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 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 Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (ii) enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of the Common 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 accrual of any rights by an person or by the public therein; (iv) to add additional building close temporarily and improvements to or all portions of the Common Areas; (v) to use change the number and location of buildings, building dimensions, number of floors in any of the buildings, store dimensions, driveways, Common Areas while engaged in making additional improvementsAreas, repairs or alterations the identity and type of other stores and tenants, provided only that the size of the Premises (as herein defined), reasonable access to the Building ComplexPremises and the parking facilities to be provided shall not be materially impaired, or any portion thereof; and (vi) to do and perform such other acts in and make such other changes in, to or with respect to the Common Areas and Building Complex as Landlord mayimprovements therein as, in the exercise of sound good business judgment deem judgment, Landlord shall determine to be appropriateadvisable.
Appears in 1 contract
Sources: Lease Agreement (Dgse Companies Inc)
Common Areas. The term “Common Areas” is defined as areas" shall consist of all parts of the Center not under lease exclusively to Tenant hereunder or to other tenants, including, but not limited to, parking areas, access roads and facilities, driveways, sidewalks and other walkways, stairways, loading areas, malls (if any), landscaped areas, and such other areas and facilities outside the Premises improvements provided for common use and within the exterior boundary line of the Building Complex that are provided benefit. Lessor and designated by the Landlord from time to time for the general Tenant, and their customers, invitees, officers, employees, agents, sublessees, licensees, concessionaires and contractors, shall have common and non-exclusive rights to the use of Landlord, Tenant and other tenants of the Building Complex and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking said common areas, utility roomssubject, loading and unloading areashowever, 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, contractors, customers and invitees, during the Primary Lease Term the non-Lessor's 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 under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein 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. 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 modify and enforce reasonable rules and regulations with respect thereto. Landlord shall have to all common areas and facilities; to construct, maintain, and operate lighting facilities on all said areas and improvements; to police the right, in Landlord’s sole discretion, common areas; from time to time: (i) time to make changes change the area, level, location and arrangement of parking areas and other facilities; to the Common Areasrestrict parking by tenants, includingtheir officers, without limitationemployees, changes agents, sublessees, licensees, concessionaires and contractors to employee parking areas; to enforce parking charges, by operation of meters or otherwise, with appropriate provisions for free parking ticket validation by tenants; to close all or any portion of said areas or facilities to such extent as may, in the locationopinion of Lessor's counsel, size, shape and number be legally sufficient to prevent a dedication thereof or the accrual of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkwaysany rights to any person or the public therein; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building Complex, all or any portion thereofof the parking areas or facilities; to discourage noncustomer parking; and (vi) to do and perform such other acts in and make such other changes in, to or with respect to the Common Areas said areas and Building Complex as Landlord mayimprovements as, in the exercise use of sound good business judgment deem judgment, Lessor shall determine to be appropriateadvisable with a view to the improvement of the convenience and use thereof. Lessor shall operate and maintain the common areas and facilities in such manner as Lessor, in its sole discretion, shall determine from time to time. Without limiting the scope of such discretion, Lessor shall have the full right and authority to employ all personnel and to make all rules and regulations pertaining to and necessary for the proper operation and maintenance of the common areas and facilities. Landlord reserves the unrestricted right to include the service, maintenance, repair and replacement of the heating, ventilating and air conditioning (HVAC) equipment and roof into the common area of the shopping center by giving notice in writing to Tenant of the Landlord's decision to take such action. Lessor shall be responsible for repairs and maintenance of the common areas, and lighting therefor, with payment of the expenses incident thereto as hereinafter provided for.
Appears in 1 contract
Common Areas. The term “"Common Areas” " is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex Project that are provided and designated by the Landlord from time to time for the general non-exclusive use of Landlord, Tenant and of other tenants occupants of the Building Complex Project and their respective employees, suppliers, shippers, customers, contractors customers and invitees, including which may include, without limitation, parking areas, utility rooms, 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, contractors, customers and invitees, during the Primary Lease 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, powers and privileges reserved by Landlord under the terms hereof of this Lease or under the terms of any reasonable and non-discriminatorily enforced rules and or regulations or restrictions governing the use of the Building ComplexProject. Under no circumstances shall the right therein 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. Landlord or such other person(s) as Landlord may appoint 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 and non-discriminatorily enforced rules and regulations with respect theretoto 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 regulations by other tenants and users of the Project. Landlord shall have the right, in Landlord’s its sole and absolute discretion, from time to time: time (ia) 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; (ii) to close temporarily any of the Common Areas for maintenance purposes , so long as reasonable access to the Premises remains available; (iiib) 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 entities, so long as reasonable access to the Premises remains available; (c) to designate other land outside the boundaries of the Building Complex Project to be a part of the Common Areas; (ivd) to add additional building buildings and improvements to the Common Areas; (ve) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building ComplexProject, or any portion thereof; and (vif) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Building Complex and/or Project as Landlord may, in the exercise of sound commercially reasonable business judgment judgment, deem to be appropriate. 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 this Lease, in the course of performance of any subsequent development, redevelopment, construction or other work upon the Project or exercise of any of the rights reserved by Landlord in this Paragraph 2.5, Landlord shall not materially adversely affect (i) the use 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. The term “Common Areas” is defined as all areas All parking areas, access roads and facilities outside furnished, made available or maintained by Landlord in or near the Premises 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 the exterior boundary line of Center for ingress and egress to and from the Building Complex that are provided Center including, without limitation, the Temple, and designated by the Landlord 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 the 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 non-exclusive use in common 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during department stores (if any) in the Primary Lease Term the non-exclusive right to use, in common with others entitled to such use, the Center (all herein called "Common Areas as they exist from time to time, Areas") shall at all times be 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 Complex. Under no circumstances shall the right therein 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of Landlord or the Common Areas Owner of the Hotel Parcel (as defined in the REA), and Landlord or such Owner shall have the right, from time to time, to establish, modify, amend modify and enforce reasonable rules, regulations and requirements with respect to all Common Areas which rules and regulations with respect theretoshall be uniformly applied in 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 Exhibit "D" attached hereto and all reasonable amendments thereto and any and all rules, regulations, requirements and amendments 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 and the Owner of the Hotel Parcel shall have the right, in Landlord’s sole discretion, right from time to timetime to: (i) change or modify and add to make changes to or subtract from the Common Areassizes, includinglocations, without limitation, changes in the location, size, shape shapes and number arrangements of driveways, parking areas entrances, parking spacesexits, parking areas, loading aisle alignments and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the 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 (iv) 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 additional building to or subtract from the buildings in the Center; eliminate such access as may from time to time be available between the Center and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building Complex, Hotel or any portion thereofretail or commercial business in an adjoining or neighboring building; and (vi) to do and perform such other acts in and make 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 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 Areas for promotions, exhibits, entertainments, product and other shows, displays, the leasing of kiosks or food facilities, or such other changes inuses as may in Landlord's judgment tend to attract the public or benefit the Center but in no event shall such kiosks or food facilities be located within ten feet (10') of the front lease line of the Premises. Except as specifically otherwise provided in any Operating Agreement the Owner of the Hotel Parcel may do such other acts in and to the Hotel and those Common Areas located on the Adjacent Land as in its reasonable judgment may be desirable, including, but not limited to, the conversion of portions thereof to other uses. In exercising its rights pursuant to this Section, Landlord shall not materially adversely affect access to or with respect to visibility of the Common Areas and Building Complex as Landlord may, in the exercise of sound business judgment deem to be appropriatePremises.
Appears in 1 contract
Sources: Lease (St John Knits Inc)
Common Areas. The As used in this Lease, the term “Common Areas” is defined as "common areas" means, without limitation, the hallways, entryways, parking areas, driveways, walkways, terraces, loading areas, trash facilities and all other areas and facilities outside in the Premises and within the exterior boundary line of the Building Complex that Project which are provided and designated by the Landlord from time to time by Landlord for the general non-exclusive nonexclusive use and convenience of Landlord, Tenant with Landlord and other tenants of the Building Complex Project 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 areaslicensees or other visitors. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during licensees and other visitors a nonexclusive license for the Primary Lease Term to use the non-exclusive right to use, common areas in common with others entitled to such use, use the Common Areas as they exist from time to timecommon areas, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under 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 rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall liability to Tenant in any respect, Landlord will have the right therein 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. Landlord or such other person(sto:
(a) 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 establish and enforce reasonable rules and regulations concerning the maintenance, management, use and operation of the 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 deprive Tenant of the substantial benefit and enjoyment of the Premises;
(c) temporarily close any of the common areas for maintenance, alteration or improvement purposes;
(d) select, appoint or contract with respect theretoany person for the purpose of operating and maintaining the common areas, on such terms and conditions as Landlord deems reasonable;
(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 Premises. So long as Tenant is not thus deprived of the substantial use and benefit of the Premises, Landlord shall will also have the right, in Landlord’s sole discretion, from right at any time to time: (i) change the arrangement or location of, or both, or to make changes to regulate or eliminate the Common Areas, including, without limitation, changes in the location, size, shape and number use of driveways, entrancesany concourse, parking spaces, parking toilets or other public conveniences in 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, loading and unloading expand the existing Building or other buildings to cover a portion of the common areas, ingress, egress, direction of traffic, landscaped convert common areas and walkways; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries a portion of the Building Complex (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; (iv) to add additional building and improvements to common areas. In the Common Areas; (v) to event of any such changes in the size or use the Common Areas while engaged in making additional improvements, repairs or alterations to of the Building Complexor common areas of the Building or Project, or any portion thereof; and (vi) to do and perform such other acts and Landlord may make such other changes in, to or with respect to the Common Areas and Building Complex as Landlord may, an appropriate adjustment in the exercise Rentable Area of sound business judgment deem the Building or the Building's pro rata share of exterior common areas of the Project, as appropriate, and a corresponding adjustment to be appropriateTenant's Share of the Operating Expenses payable pursuant to Article 5 of this Lease, above.
Appears in 1 contract
Sources: Office Lease (Ryland Group Inc)
Common Areas. 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 time for 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Term of this Lease Term 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 under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein 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 '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. 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. Landlord shall have the right, in Landlord’s '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 number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas areas, walkways and walkwaysutility raceways; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and 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 exercise of sound business judgment deem to be appropriate.
Appears in 1 contract
Common Areas. The term “Common Areas” is defined Tenant, its employees and invitees may, except as all ------------ otherwise specifically provided in this Lease, use the common areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided as such common areas may be designated from time to 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 for 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 areastime. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term 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 under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall at all times have the right therein granted to use and privilege of determining 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 nature 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management extent of the Common Areas and shall have the right, of making such changes therein and thereto from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Landlord shall have the righttime which, in Landlord’s sole discretionits reasonable opinion, from time are deemed to time: (i) to make changes to be desirable and for the best interests of all persons using the Common AreasAreas and of Landlord, including, without limitation, changes in the location, size, shape withdrawal of any portion thereof and number the relocation of driveways, entrances, exits, corridors, automobile parking spacesspaces (if any), parking areas, loading the direction and unloading areas, ingress, egress, direction flow of traffic, installation of prohibited areas, landscaped areas areas, and walkways; (ii) all other facilities thereof. Nothing contained herein shall be deemed to close temporarily 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 have the sole and exclusive control of the Common 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 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 permitted by Tenant or resulting from Tenant's operation, and to permit the use of any of the Common Areas only for maintenance purposes so long as reasonable access ingress and egress by the invitees of Tenant to and from the Premises remains available; (iii) to designate other land outside Building. If, in the boundaries opinion of the Building Complex to be a part of the Common Areas; (iv) to add additional building and improvements to the Common Areas; (v) to use Landlord, unauthorized persons are using the Common Areas while engaged in making additional improvements, repairs or alterations to by reason of 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, presence of Tenant in the exercise Leased Premises, Tenant, upon demand of sound business judgment deem 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 be appropriateremove 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. The term “Common Areas” is defined as all areas 4.01 Landlord, at Landlord's expense, shall provide and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord shall make available from time to time for within the general non-exclusive use boundaries of Landlordthe building project such parking facilities, Tenant driveways, entrances and exits thereto, landscape and planted areas, and other tenants of improvements and facilities, whether similar or dissimilar, as Landlord shall at any time and from time to time deem appropriate (all 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 areasforegoing being collectively referred to in this Lease as "Common Areas"). Landlord hereby grants to Tenant, for the benefit of Tenant and its officers, employees, suppliers, shippers, contractorsagents, customers and invitees, during the Primary Lease Term the non-exclusive right to useinvitees shall have a nonexclusive right, in common with Landlord and all others entitled to such use, the Common Areas as they exist from time to time, subject to any whom Landlord has granted or may hereafter grant 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 Complex. Under no circumstances shall the right therein 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 The Common Areas shall at all times 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 subject 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas Landlord, and Landlord shall have the right, right from time to time, time to establish, modify, amend 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 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 shall have the rightshall, in Landlord’s 's sole discretion, from time to time: time determine. Landlord's rights respecting the Common Areas shall include (ibut shall not be limited to) the following:
a. to maintain and 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 changes installations therein and to move or remove such installations, and to change the location of, or permanently diminish or discontinue the use of any portion of the Common 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 accrual of any rights to any person or the public therein;
f. to temporarily suspend the use of all, or any portion of, the Common Areas; and
g. to take any other action with respect to the Common Areas, includingas Landlord, without limitationin its sole discretion, 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; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex shall determine to be a part of the Common Areas; (iv) to add additional building and improvements to the Common Areas; (v) advisable.
4.02 Tenant's right to use the Common Areas while engaged in making additional improvementsor any specified portion thereof shall be deemed to be a revocable license, repairs and Landlord shall not be subject to any liability, nor shall Tenant be entitled to any compensation or alterations 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 the Building Complexdemised premises or unreasonable interference with Tenant's use and enjoyment of the 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 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 right at all times to redesignate such parking zones. Tenant, its personnel and visitors shall not at any time park any trucks or delivery vehicles in any of the 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 negligence or willful misconduct of Landlord, its agents or employees.
(iii) There shall be no overnight parking (unless approved in advance by Landlord), and 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 parking area overnight and the same interferes with 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 portion thereof; and (vi) damages resulting to do and perform said vehicle or to Landlord's equipment or equipment owned by others, by reason of the presence of or removal of said vehicle during such other acts and make such other changes incleaning or maintenance shall be paid by Tenant to Landlord, to or with respect to as additional rent on the Common Areas and Building Complex as Landlord may, in rent payment date next following the exercise rendition of sound business judgment deem to be appropriatea ▇▇▇▇ therefor.
Appears in 1 contract
Sources: Lease Agreement (Gantos Inc)
Common Areas. The As used in this Lease, the term “Common Areascommon areas” is defined as means, without limitation, the hallways, entryways, parking areas, driveways, walkways, terraces, loading areas, trash facilities and all other areas and facilities outside in the Premises and within the exterior boundary line of the Building Complex that Project which are provided and designated by the Landlord from time to time by Landlord for the general non-exclusive nonexclusive use and convenience of Landlord, Tenant with Landlord and other tenants of the Building Complex Project 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 areaslicensees or other visitors. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during licensees and other visitors a nonexclusive license for the Primary Lease Term to use the non-exclusive right to use, common areas in common with others entitled to such use, use the Common Areas as they exist from time to timecommon areas, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under 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 rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall liability to Tenant in any respect, Landlord will have the right therein 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. Landlord or such other person(sto:
(a) 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 establish and enforce reasonable rules and regulations concerning the maintenance, management, use and operation of the 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 deprive Tenant of the substantial benefit and enjoyment of the Premises;
(c) Temporarily close any of the common areas for maintenance, alteration or improvement purposes;
(d) Select, appoint or contract with respect theretoany person for the purpose of operating and maintaining the common areas, on such terms and conditions as Landlord deems reasonable;
(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 Premises. So long as Tenant is not thus deprived of the substantial use and benefit of the Premises, Landlord shall will also have the right, in Landlord’s sole discretion, from right at any time to time: (i) change the arrangement or location of, or both, or to make changes to regulate or eliminate the Common Areas, including, without limitation, changes in the location, size, shape and number use of driveways, entrancesany concourse, parking spaces, parking toilets or other public conveniences in 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, loading and unloading expand the existing Building or other buildings to cover a portion of the common areas, ingress, egress, direction of traffic, landscaped convert common areas and walkways; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries a portion of the Building Complex (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; (iv) to add additional building and improvements to common areas. In the Common Areas; (v) to event of any such changes in the size or use the Common Areas while engaged in making additional improvements, repairs or alterations to of the Building Complexor common areas of the Building or Project, or any portion thereof; and (vi) to do and perform such other acts and Landlord may make such other changes in, to or with respect to the Common Areas and Building Complex as Landlord may, an appropriate adjustment in the exercise Rentable Area of sound business judgment deem the Building or the Building’s pro rata share of exterior common areas of the Project, as appropriate, and a corresponding adjustment to be appropriateTenant’s Share of the Operating Expenses payable pursuant to Articles 5 of this Lease, above.
Appears in 1 contract
Sources: Office Lease (Go Daddy Group, Inc.)
Common Areas. The term “Common Areas” is defined as all consist of certain not leased areas and facilities outside the Premises and within the exterior boundary line of the Building Complex Property and interior utility raceways and installations that are provided and designated by the Landlord from time Lessor to time be for the general non-exclusive nonexclusive use of LandlordLessor, Tenant and Lessee, all other tenants lessees of the Building Complex Property, and each of their respective employees, suppliers, shippers, customers, contractors contractors, and invitees, including . The Common Areas include but are not limited to parking areas, utility rooms, certain loading and unloading areas, trash garbage and debris disposal areas, roadways, sidewalks, walkways, parkwaysdriveways, driveways and landscaped areas. Landlord hereby grants to Tenant, for the benefit of Tenant Lessee and its Lessee’s employees, suppliers, shippers, contractors, customers customers, and invitees, during invitees have the Primary Lease Term the non-exclusive nonexclusive 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 Lessor under the terms hereof or under the terms of any rules the Rules and regulations Regulations or restrictions governing the use of the Building ComplexProperty. Under no circumstances shall does the right therein granted to use the Common Areas be deemed to include the right to store any property, either temporarily or permanently, in the Common Areas. Any such storage shall will be permitted only by the prior written consent of Landlord or Landlord’s designated agentLessor, which consent will be within the sole discretion of Lessor and may be revoked at any time. In the event that If any unauthorized storage shall occuroccurs, then Landlord shall Lessor will have the absolute right, without notice, notice and in addition to such the other rights and remedies that it may haveotherwise have at law or under this Lease, to remove the property to Lessee’s Premises or a storage area and to charge the cost to TenantLessee, which cost shall will be immediately payable upon demand by LandlordLessor or dispose off at Lessors discretion. Landlord The removal will not be considered any form of bailment. Lessor is not liable for any damage that may occur during any removal, moving, handling, misplacing, stealing or storing of such other person(s) as Landlord property. After 30 days of storage, the property will be deemed abandoned and Lessor may appoint dispose of it in any manner without any liability to Lessee and Lessee shall have remain liable for 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 shall have the right, in Landlord’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 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 Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and 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 exercise of sound business judgment deem to be appropriatestorage fees.
Appears in 1 contract
Sources: Industrial Lease (Jetblack Corp)
Common Areas. The term So long as Tenant is leasing all of the space in the Building, Tenant shall have the 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” is defined as ”, which shall mean all areas areas, space, facilities, equipment and facilities outside the Premises and within the exterior boundary line of signs made available by Landlord in the Building Complex that are provided and designated by or on the Landlord from time to time Property for the general non-exclusive common and joint use and benefit of Landlord, Tenant and other tenants and permittees of the Building Complex Landlord, and their respective employees, suppliersagents, shipperssubtenants, concessionaires, licensees, customers, contractors and other invitees, including and may include the sidewalks, parking areas, utility roomsdriveways, loading and unloading yard area, landscaped areas, trash areaslobbies, roadwaysrestrooms, sidewalksstairs, walkwaysramps, parkwayselevators, driveways and landscaped areas. Landlord hereby grants exits and/or service corridors, to Tenant, the extent not contained within any area exclusively appropriated for the benefit 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 and its employees, suppliers, shippers, contractors, customers and inviteesis hereby given a license (in common with all others to whom Landlord has or may hereafter grant rights) to use, during the Primary Lease Term the non-exclusive right to use, in common with others entitled to such useTerm, the Common Areas as they exist from may now or at any time to timeduring 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 thereof are changed or diminished, Landlord shall not be subject to any rightsliability therefor, powersnor shall Tenant be entitled to any compensa-tion or diminution or abatement of Rent therefor, and privileges reserved by Landlord under the terms hereof nor shall such change or under the terms diminution of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein granted to use the Common Areas such areas be deemed to include the right to store any property, temporarily a constructive 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. 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. Landlord shall have the right, in Landlord’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 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 Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and 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 exercise of sound business judgment deem to be appropriateactual eviction.
Appears in 1 contract
Sources: Office Lease (Express Scripts Inc)
Common Areas. The term “Common Areas” is defined (as initially constructed or as the same may at any time thereafter be constituted by Landlord) shall mean all areas areas, space, facilities, equipment and facilities outside the Premises and within the exterior boundary line of signs made available by Landlord in the Building Complex that are provided and designated by or on the Landlord from time to time Property for the general non-exclusive common and joint use and benefit of Landlord, Tenant and other tenants and permittees of the Building Complex Landlord, and their respective employees, suppliersagents, shipperssubtenants, concessionaires, licensees, customers, contractors and other invitees, including and may include the sidewalks, parking areas, utility roomsdriveways, loading and unloading yard area, landscaped areas, trash areaslobbies, roadwaysrestrooms, sidewalksstairs, walkwaysramps, parkwayselevators, driveways and landscaped areasexits and/or service corridors, to the extent not contained within any area exclusively appropriated for the use of any occupant. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term 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 under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas and shall have expressly reserves the right, from time to time, to establishreasonably determine the nature and extent of the Common Areas, modifyand to make such changes in the Common Areas and thereto from time to time, amend including the size and/or shape or both of the Common Areas and enforce the location and relocation of entrances, exits, landscaped areas and all other facilities constituting Common Areas. In addition, Landlord also reserves the right to impose reasonable rules and regulations with respect thereto. Landlord shall have the right, in Landlord’s sole discretion, from time relating to time: (i) to make changes to use of the Common Areas; to construct, includingmaintain and operate lighting and other facilities, without limitation, changes in equipment and signs on all of the location, size, shape Common Areas; and 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 all or any portion of the Common Areas for maintenance purposes so long as reasonable access the purpose of making repairs or changes thereto. Tenant is hereby given a license (in common with all others to the Premises remains available; (iiiwhom Landlord has or may hereafter grant rights) to designate other land outside use, during the boundaries Lease Term, as may be extended, 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 Complex to be type of facilities at any time forming a part of the such Common Areas; (iv) Areas are changed or diminished, Landlord shall not be subject to add additional building any liability therefor, nor shall Tenant be entitled to any compensation or diminution or abatement of Rent therefor, and improvements subject to the Common Areas; 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 (vi.e. comparable location, access and number of 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 the Common Areas while engaged in making additional improvementsuse, repairs or alterations to the Building Complexmaintain, and operate Tenant’s back-up power generator or any portion thereof; and (vi) antennas then installed by Tenant, provided, however, the parties shall work together to do and perform minimize any impact on Tenant if it becomes necessary to affect such other acts and make such other changes in, to equipment in connection with construction or with respect to the Common Areas and Building Complex as Landlord may, maintenance work or in the exercise of sound business judgment deem to be appropriatean emergency.
Appears in 1 contract
Sources: Full Service Lease Agreement (Time Warner Telecom Inc)
Common Areas. The (a) As used in this Lease, the term “"Common Areas” is defined as all areas " shall mean those ------------ portions of, and facilities outside within, the Premises and within Shopping Center which are intended for the exterior boundary line common non-exclusive use of the Building Complex 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 construct the Common Areas of the 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 approval shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant, as well as its agents, employees and customers (collectively, "Customers"), shall have and are provided granted complete, nonexclusive ---------- and designated undisturbed access to, and use of all Common Areas. Tenant's use of the Common Areas shall be subject to such reasonable, non-discriminatory rules and regulations as may be promulgated and thereafter amended and supplemented by the Landlord from time to time as Landlord deems necessary or advisable for proper and efficient use, operation and maintenance of the general non-exclusive Common Areas, provided that all such rules and regulations shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed and 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 Landlordthe parking facilities within the Center. If any such charge is required by applicable Law, Landlord shall establish systems of validation to enable Tenant and other tenants to provide parking without charge for its customers using such parking facilities for a reasonable period not less than three (3) hours. Landlord may from time to time establish, as a part of the Building Complex and their respective employeesrules subject to the Tenant's approval as set forth in the initial sentence of this Section, suppliers, shippers, customers, contractors and invitees, including such employee parking areas, utility rooms, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Landlord hereby grants systems (which shall be free of any charge to Tenant, for the benefit of Tenant and or its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to useunless such a charge is required by applicable Law, in common with others entitled which event such charge shall be borne by Landlord) as are not unreasonably burdensome to such use, the Common Areas as they exist from time to time, subject to any rights, powersoperation of Tenant's business, and privileges reserved 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 under to the terms hereof or under the terms of any rules north, northeast and regulations or restrictions governing the use west of the Building ComplexPremises 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). Under no circumstances shall the right therein 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 use reasonable --------- efforts 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management prevent use of the Common Areas by other than Shopping Center occupants and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect theretotheir Customers. Landlord shall have cause the rightCommon 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 changes or to such extent as may, in Landlord’s sole discretion's reasonable opinion, from time be necessary to time: prevent dedication thereof or the accrual of rights to any person or to the public therein, (iii) close temporarily any or all of the Common Areas to make changes discourage non-customer parking, and (iii) perform such other acts in and to the Common AreasAreas 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, changes 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 locationshape, size, shape and number location, number, height or extent of drivewaysthe improvements to any portion of the Shopping Center; provided, entranceshowever, 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 spacesareas serving the Premises, parking areas, loading and unloading areas, ingress, egress, direction the visibility of traffic, landscaped areas and walkways; (ii) to close temporarily any of the Premises and/or Tenant's exterior signage from the Common Areas for maintenance purposes so long as reasonable exterior to the Premises and/or public rights-of-way adjacent thereto, or pedestrian or vehicular access to the Premises remains available; (iii) to designate other land outside from the boundaries Common Areas and/or public rights-of-way adjacent thereto. Landlord shall not change the dimensions or location of the Building Complex to Premises. In no event shall any kiosks be a part of located within the Common Areas; (iv) to add additional building and 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 exercise of sound business judgment deem to be appropriate.
Appears in 1 contract
Sources: Lease (Sport Chalet Inc)
Common Areas. The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for 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 areas10.1. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers invitees and inviteespermitted sublessees and assigns, during the Primary Lease Term Term, the non-exclusive nonexclusive right to use, in common with all others entitled to such useso entitled, the Common Areas as they exist from time to time, for pedestrian and vehicular traffic. The Common Areas shall be 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 Complex. Under no circumstances shall the right therein 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas Landlord and shall have the rightto such reasonable rules and regulations as Landlord may, from time to time, adopt and Landlord reserves the right to establishchange the areas, modifylocations and arrangement of parking areas and other Common Areas; to enter into, amend modify and enforce reasonable rules terminate easements and regulations with respect thereto. Landlord shall have the right, in Landlord’s sole discretion, from time to time: (i) to make changes other agreements pertaining to the maintenance and use of the parking areas and other 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; (ii) to close temporarily any or all portions of the Common Areas to such extent and for maintenance purposes so long such time as reasonable access 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 Premises remains availablepublic therein; (iii) to designate other land outside the boundaries of the Building Complex to be a close temporarily, if necessary, any part of the Common Areas in order to discourage noncustomer parking; and to make changes, additions, deletions, alterations or improvements in and to such Common Areas; (iv) , including methods of ingress to add additional building and improvements egress from such Common Areas, provided that there shall be no material obstruction of Tenant's right of ingress to or egress from the Premises, nor shall there be any change in the location of the primary entrances to the Common Areas; (v) to use Building, or in the configuration of the interior Common Areas while engaged providing access and ingress and egress to and from the Premises, or in making additional improvements, repairs or alterations the configuration of the parking areas set aside for Tenant's use as provided in Section 10.3. Landlord shall enforce any rules and regulations adopted in a nondiscriminatory manner.
10.2. Subject to the Building Complexexpress provisions and limitations of this Lease, or any portion thereof; Landlord shall operate, maintain and (vi) to do and perform such other acts and make such other changes in, to or with respect to the repair all Common Areas and all major Building Complex as Landlord maycomponents, including structural, mechanical, electrical and heating, ventilating and air conditioning systems, in a manner consistent with the exercise standards of sound business judgment deem 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 be appropriatepark 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 exclusive right to use those spaces in 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 Landlord's Parcel other than the 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 sum of Ten Dollars ($10) per day for each such automobile 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 automobiles, or automobiles belonging to Tenant's employees parked in violation of the foregoing 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. The term “Common Areas” is defined as all 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, multi-story parking facilities (if any), package pickup stations, elevators, escalators, pedestrian sidewalks, malls, courts and ramps, landscaped areas, retaining walls, stairways, bus stops, first-aid and comfort stations, lighting facilities, sanitary systems, on-site and off-site retention ponds, utility lines, water filtration and treatment facilities and other areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are improvements provided and designated by the Landlord from time to time for the general non-exclusive use in common 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during department stores in the Primary Lease Term the non-exclusive right to use, in common with others entitled to such use, the Center (all herein called "Common Areas as they exist from time to time, Areas") shall at all times be 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 Complex. Under no circumstances shall the right therein 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas Landlord, and Landlord shall have the right, from time to time, to establish, modify, amend modify and enforce reasonable rules and regulations with respect to all Common Areas. Tenant agrees to comply with all rules and regulations set forth in Exhibit "D" attached hereto and all reasonable amendments thereto. Landlord shall have the right, in Landlord’s sole discretion, right from time to timetime to: (i) change or modify and add to make changes to or subtract from the sizes, locations, shapes and arrangements of parking areas, entrances, exits, parking aisle alignments and other Common Areas, includingprovided, without limitationhowever, changes that the size of parking areas on the Center shall not be substantially reduced; restrict parking by 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; enforce parking charges (by meters or otherwise) with appropriate provisions for ticket validating; add to or subtract from the buildings 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; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and 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 thereofCenter; and (vi) to do and perform such other acts in and make such other changes into said Common Areas as Landlord in its sole discretion, reasonably applied, deems advisable for the use thereof by tenants and their customers. In exercising its rights pursuant to this Section, Landlord shall not materially and adversely affect access to or with respect to visibility of the Common Areas and Building Complex as Landlord may, in the exercise of sound business judgment deem to be appropriatePremises.
Appears in 1 contract
Sources: Lease (Havana Republic Inc/Fl)
Common Areas. The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for the general non-exclusive use of LandlordTenant, Tenant and other tenants of the Building Complex and their respective employees, suppliers, shippers, its customers, contractors employees 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 Tenant, for invitees shall have the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to useuse and enjoy free of charge, in common with others entitled 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 such use, provide for the reasonable operation of the Shopping Center. It is expressly understood that the Common Areas as they exist from time to time, subject to any rights, powersare intended primarily for the use by customers of the stores in the Shopping Center, 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 Complex. Under no circumstances shall the right therein granted to 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 deemed approved in writing by Landlord. Tenant further agrees that Landlord reserves the right, in its sole discretion, to include designate specific parking area(s) for the right 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 store park in any propertysuch designated areas. In order to assist Landlord in the enforcement of the provisions of this paragraph, temporarily 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 permanentlyabout the Demised Premises. Tenant shall not park, or permit to be parked, any delivery vehicles in the Common Areas. Any Areas intended for the use by customers of the stores in the Shopping Center, nor permit merchandise delivery from 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 Common Areas if delivery access and remedies that it may have, to remove the property loading and charge the cost to Tenant, which cost shall be immediately payable upon demand unloading zones are provided by Landlord. Landlord or such other person(s) as Landlord may appoint shall have covenants that, at all times during the exclusive control and management of term hereof, it will maintain the Common 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 at least the minimum number of parking spaces sufficient to satisfy governmental requirements and in no event shall have the 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 the contrary notwithstanding, Landlord expressly reserves the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Landlord shall have the right, in Landlord’s sole discretion, from time to time: (i) to make changes to construct other buildings and/or enlarge existing buildings on or over the Common Areas, including, without limitation, changes in Areas so long as the location, size, shape and number of driveways, entrances, parking spaces is not reduced by more than twenty (20) spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) to close temporarily any increase, reduce, modify or alter the dimensions and locations of roadways, parking lots, sidewalks and buildings provided such changes, additions or reductions do not unreasonably interfere with Tenant’s use of the Common Areas for maintenance purposes so long as reasonable access to Demised Premises or reduce the Premises remains available; number of parking spaces at the Shopping Center by more than twenty (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and 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 exercise of sound business judgment deem to be appropriate.20)
Appears in 1 contract
Common Areas. The term “Common Areas” is defined as all In addition to the Premises, Tenant shall have the use of those certain common areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and 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, “Common Areas”). The use of the Common Areas shall be for the general non-non exclusive use of Landlord, Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and all other tenants of the Building Complex Property and their respective employeesall such other persons to whom Landlord has previously granted, suppliersor may hereinafter grant, 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 Tenant, for the benefit rights of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled usage; provided that such nonexclusive use shall be expressly subject to such use, the Common Areas as they exist reasonable rules and regulations which may be adopted by Landlord 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 Complex. Under no circumstances Tenant shall the right therein granted not be entitled to use the Common Areas be deemed to include common areas for storage of goods, vehicles, refuse or any other items. Landlord reserves the right to store any propertyalter, temporarily modify, enlarge, diminish, reduce 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of eliminate the Common Areas and shall have the right, from time to timetime in its sole discretion; provided, to establishhowever, modify, amend it does not unreasonably and enforce reasonable rules materially interfere with Tenant’s access or use and regulations with respect theretooccupancy of the Premises. Landlord shall have the rightright to modify common areas, and if necessary, parts of the Premises, in Landlordorder to implement new, necessary security measures and Landlord shall endeavor to minimize any adverse affect on Tenant’s sole discretion, from time to time: (i) to make changes to use of 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; (ii) to close temporarily Premises. If Tenant shall use any of the Common Areas for maintenance purposes so long as reasonable access 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 the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building clear and 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 clean the Common Areas and Building Complex as Landlord maydispose of such items, in the exercise including but not limited to, a disposal fee of sound business judgment deem to be appropriatetwenty-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. The term “Common Areas” is defined as all areas and facilities outside shall mean the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for the general non-exclusive use of Landlorddriveways, Tenant and other tenants of the Building Complex and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, utility roomswalkways, sidewalk areas, landscaping, service areas, the areas on individual floors in the Building devoted to corridors, fire vestibules, elevators, lobbies, electric and telephone closets, restrooms, loading dock and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Landlord hereby grants to Tenant, other similar facilities for the benefit of Tenant tenants and its employees, suppliers, shippers, contractors, customers invitees and invitees, during the Primary Lease Term 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 under the terms of any rules and regulations or restrictions governing the use shall also mean those areas of the Building Complex. Under no circumstances shall devoted to mechanical and service rooms servicing the right therein 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. 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 theretoBuilding. Landlord shall have the right, in Landlord’s sole discretion, right from time to time: (i) time to make changes to designate, relocate and limit the Common Areas, including, without limitation, changes in the location, size, shape and number use of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped particular areas and walkways; (ii) to close temporarily any or portions of the 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 maintenance purposes so long as the Premises, or otherwise materially and adversely interferes with Tenant’s business operations in the Premises. Provided Landlord uses reasonable efforts (which shall not include any obligation to employ labor at overtime rates) to minimize disruption of Tenant’s business during the making of any such changes or alterations, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or abatement of rent arising out of the making of such changes or alterations. Landlord shall also have the right to limit or control access to the Building by third parties other than Tenant, its employees, customers and patrons. Landlord shall provide Tenant with electric and telephone closets within the Premises remains available; 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 (iii) which approval shall not be unreasonably withheld, conditioned or delayed), have the right to designate other land outside an easement on and under the boundaries of the Building Complex to be a part portion of the Common Areas; (iv) to add additional building Areas shown on Exhibit H for the installation, repair, maintenance, use and improvements replacement of a fiber optics telecommunications cable to the Common Areas; (v) Premises. Landlord shall not charge Tenant any fees for such installation in excess of any fees that may be charged 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 Landlord for 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 exercise of sound business judgment deem to be appropriateinstallation.
Appears in 1 contract
Sources: Lease Agreement (Wilshire Financial Services Group Inc)
Common Areas. The term “Common Areas” is defined as all areas Tenant shall have the non-exclusive right to use in ------------ common with other tenants in the Project, and facilities outside subject to the Premises rules and within the exterior boundary line regulations referred to in Article 5 of this Lease, those portions of the Building Complex that Project which are provided and designated by the Landlord provided, from time to time time, for the general non-exclusive use of in common by Landlord, Tenant and any other tenants of the Building Complex and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking Project (such areas, utility roomstogether with such other portions of the Project so designated by Landlord, loading in its reasonable discretion, are collectively referred to herein as the "COMMON AREAS"). The Common Areas may include a park or other facilities open to the general public and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areaslandscape areas located within and appurtenant to the Project. However, Landlord hereby grants to Tenantmakes no representation that any such Common Areas, for whether or not such Common Areas are available as of the benefit date of Tenant and its employeesthis Lease, suppliers, shippers, contractors, customers and invitees, during shall be available throughout the Primary entire Lease Term the non-exclusive right to use, Term. The manner in common with others entitled to such use, which the Common Areas as they exist are maintained and operated shall be at the reasonable discretion of Landlord. Landlord reserves the right from time to time, subject time without notice to Tenant (i) to close temporarily 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 Complex. Under no circumstances shall the right therein 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. 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. Landlord shall have the right, in Landlord’s sole discretion, from time to time: ; (iii) to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of street entrances, driveways, entrancespassage ways, parking spacesstairways, parking direction of traffic, landscaped areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex add additional buildings and improvements to be a part of the Common Areas; (iv) to designate land outside the Project to be part of the Project, and in connection with the improvement of such land to add additional building buildings and improvements common areas to the Common AreasProject; (v) to delete from the Project any of the land and/or improvements currently located therein; (vi) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building Complex, or any portion thereofProject; and (vivii) to do and perform such other acts and make such other changes in, to or with respect to the Project and/or Common Areas and Building Complex as Landlord may, in the exercise of sound business judgment may deem to be appropriate. However, notwithstanding the foregoing or any other provision of this Lease, unless required by law, without Tenant's consent (which shall not be unreasonably withheld), Landlord shall not be entitled to make changes to the Common Areas that materially and adversely affect (a) Tenant's access to the Premises, (b) Tenant's use of the existing restrooms, Parking Facilities and other Common Areas, (c) Tenant's financial obligations under this Lease or (d) Tenant's ability to reasonably operate its business within the Premises.
Appears in 1 contract
Common Areas. (a) The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time agrees to time for 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 maintain parking areas, utility roomssidewalks, loading roadways, exits and unloading areasentrances of the shopping center. The Tenant shall have the right, trash as an appurtenance to the Premises, to use the parking areas, roadways, sidewalks, walkways, parkways, driveways entrances and landscaped areas. Landlord hereby grants to Tenant, for exits and other common facilities within the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, shopping center in common with others entitled to the use thereof, in accordance with and subject to the provisions of this lease and such use, reasonable regulations with respect to the Common Areas use thereof as they exist the Landlord shall 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 Complextime establish. Under no circumstances shall the right therein 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. Landlord or such other person(s) as The Landlord may appoint shall have the exclusive control and management of the Common Areas and shall have the right, make from time to timetime reasonable changes in any of the common facilities in the 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 establishcause or permit any obstruction or other interference with any roadway, modifysidewalk, amend 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 enforce reasonable rules all loading or unloading of merchandise, supplies, fixtures, equipment and regulations 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 thereto. 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 shall have the right, in Landlord’s sole discretion, may from time to time: time designate as employees' parking areas.
(id) to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spacesarea shall mean all service areas, parking areas, loading and unloading accessways, sidewalks, common area lighting systems, landscape areas, ingresscommon area utility systems, egressdirectional and pylon signs and like items. Tenant, direction as additional rent, agrees to pay to Landlord, without offset or deduction, in equal monthly installments on the first day of trafficeach and every calendar month during the primary term hereof and any extension periods, landscaped (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 walkwaysother 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 (ii) to close temporarily 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 for maintenance purposes so long as reasonable access common areas, common facilities and related services; and administrative costs equal to the Premises remains available; fifteen percent (iii15%) to designate other land outside the boundaries of the Building Complex to total costs paid or incurred by Landlord under this Paragraph, but there shall be a part excluded depreciation of the Common Areas; (iv) 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 add additional building and improvements herein shall be that same percentage as set forth hereinbefore relating to Tenant's share of Real Estate Taxes. During the Common Areas; (v) to use first lease year, the Common Areas while engaged Tenant shall pay Landlord the annual sum of $36,480.00, payable monthly in making additional improvementsadvance, repairs or alterations to together with 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 maypayments of rent due hereunder, in the exercise sum of sound business judgment deem $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 appropriatean 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. The As used in this Lease, the term “Common Areascommon areas” is defined as means, without limitation, the hallways, entryways, parking areas, driveways, walkways, terraces, loading areas, trash facilities and all other areas and facilities outside in the Premises and within the exterior boundary line of the Building Complex that Project which are provided and designated by the Landlord from time to time by Landlord for the general non-exclusive nonexclusive use and convenience of Landlord, Tenant with Landlord and other tenants of the Building Complex Project 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 areaslicensees or other visitors. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during licensees and other visitors a nonexclusive license for the Primary Lease Term to use the non-exclusive right to use, common areas in common with others entitled to such use, use the Common Areas as they exist from time to timecommon areas, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under 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 rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall liability to Tenant in any respect, Landlord will have the right therein 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. Landlord or such other person(sto:
(a) 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 establish and enforce reasonable rules and regulations concerning the maintenance, management, use and operation of the 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 deprive Tenant of the substantial benefit and enjoyment of the Premises;
(c) temporarily close any of the common areas for maintenance, alteration or improvement purposes;
(d) select, appoint or contract with respect theretoany person for the purpose of operating and maintaining the common areas, on such terms and conditions as Landlord deems reasonable;
(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 Premises. So long as Tenant is not thus deprived of the substantial use and benefit of the Premises, Landlord shall will also have the right, in Landlord’s sole discretion, from right at any time to time: (i) change the arrangement or location of, or both, or to make changes to regulate or eliminate the Common Areas, including, without limitation, changes in the location, size, shape and number use of driveways, entrancesany concourse, parking spaces, parking toilets or other public conveniences in 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, loading and unloading expand the existing Building or other buildings to cover a portion of the common areas, ingress, egress, direction of traffic, landscaped convert common areas and walkways; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries a portion of the Building Complex (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; (iv) to add additional building and improvements to common areas. In the Common Areas; (v) to event of any such changes in the size or use the Common Areas while engaged in making additional improvements, repairs or alterations to of the Building Complexor common areas of the Building or Project, or any portion thereof; and (vi) to do and perform such other acts and Landlord may make such other changes in, to or with respect to the Common Areas and Building Complex as Landlord may, an appropriate adjustment in the exercise Rentable Area of sound business judgment deem the Building or the Building’s pro rata share of exterior common areas of the Project, as appropriate, and a corresponding adjustment to be appropriateTenant’s Share of the Operating Expenses payable pursuant to Article 5 of this Lease, above.
Appears in 1 contract
Sources: Office Lease (Go Daddy Group, Inc.)
Common Areas. The term “Common Areas” is defined as all (a) All common areas and other common facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord made available from time to time for by Landlord in or about the general non-exclusive use of LandlordProperty (collectively, 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 Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled to such use, the “Common Areas as they exist from time to time, Areas”) shall be 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 Complex. Under no circumstances shall the right therein 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of Landlord. Common Areas shall include all areas, space, facilities, equipment, signs, and special services from time to time made available for the common and joint use and benefit of Landlord, Tenant, and other tenants and occupants of the Property, such as sidewalks, parking areas, access roads, driveways, landscaped areas, truck service ways, loading docks that are not exclusive to one tenant or group of tenants, and utility facilities. Exhibit “A-1” sets forth the layout of the Common Areas, buildings, and improvements of the Property (collectively the “Property Improvements”), but this diagram shall not be deemed to be a warranty on the part of Landlord that the Property Improvements will be constructed or maintained in accordance with this layout. Landlord shall have the right to expand the Property Improvements to adjoining or nearby property and to add to, remove, relocate, replace, and/or otherwise change the Common Areas or any other Property Improvements as currently existing or as may be later constructed and to make all such other changes to the size, location, and arrangement of the Common Areas or any other Property Improvements as Landlord deems advisable.
(b) Tenant shall have a non-exclusive license to use the rightCommon Areas (as they exist now or at any time during the Term may exist) in common with Landlord and other tenants, from time occupants, and other parties that Landlord allows to timeuse the Property, provided that such use by Tenant shall be for access and parking only. Landlord agrees to operate and maintain the Common Areas in a manner consistent with good commercial real estate practice. Landlord will have the right to (i) establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Landlord shall have the right, in Landlord’s sole discretion, from time to time: (i) to make changes to the Property and 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; (ii) to close temporarily all or any portion of the Common Areas to prevent the acquisition of public rights therein, for maintenance purposes so long as reasonable access to the Premises remains availableconstruction, or for other purposes; and (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs perform or alterations to the Building Complex, or any portion thereof; and (vi) to do and perform permit such other acts in and make such other changes in, to or with respect to the Common Areas and Building Complex as that Landlord may, in the exercise of sound good business judgment deem deems to be appropriateadvisable. A copy of Landlord’s current Rules and Regulations are attached hereto as Exhibit “B” and made a part hereof.
(c) Tenant acknowledges that it shall have no right of access to Columbus International Airport by virtue of this Lease. Any such access may only be pursuant to the terms of a separate agreement between Tenant and the Columbus International Airport Authority.
Appears in 1 contract
Sources: Lease Agreement (DSW Inc.)
Common Areas. The term “Common Areas” is defined as all areas and facilities outside During the Premises and within Term of this Lease, Tenant shall be entitled to the exterior boundary line nonexclusive use, free of charge, but in common with others, of the Building Complex driveways, walkways, and parking areas presently existing or to be constructed in connection with the Buildings, provided that are provided such use shall be subject to such reasonable rules and designated by the regulations as Landlord may from time to time for the general non-prescribe; and provided further that Landlord shall at all times have full and exclusive use control, management and direction 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, sidewalkssaid driveways, walkways, parkways, driveways and landscaped parking areas. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term 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 under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein granted to use the Common Areas be deemed to include further have the right to store any propertypolice them; to restrict parking by Tenants, temporarily or permanentlytheir officers, 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 agents 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. 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. Landlord shall have the right, in Landlord’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 number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkwaysemployees; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building Complex, all or any portion thereofof the parking areas or facilities as may be required for proper maintenance and/or repair; to discourage non-customer parking; and (vi) to do and perform such other acts in and make to such other changes in, to or with respect to the Common Areas and Building Complex as Landlord mayareas as, in the exercise use of sound its business judgment deem judgment, the Landlord shall determine to be appropriateadvisable in order to improve or make more convenient the use thereof by all tenants, their officers, agents, employees and customers. Tenant shall be responsible for taking all reasonable measures to ensure that its customers, guests and other invitees comply with the rules and regulations applicable to the common areas and refrain from loitering in, or damaging the, common areas. Landlord may from time to time change the location, layout and arrangement of the parking areas, driveways and walkways and reduce them by erecting thereon buildings or other structures or improvements of any kind including, but not limited to, additions to the Center; provided that the convenience off parking facilities available to Tenant shall not be substantially prejudiced thereby; and provided further that there shall at all times be provided such parking facilities as meet local governmental requirements. Landlord shall provide reasonable illumination for the aforesaid driveways, walkways and parking areas, and will keep them in reasonable repair and reasonably free of litter and snow.
Appears in 1 contract
Sources: Lease Agreement (Universal Security Instruments Inc)
Common Areas. The term “Common Areas” is defined as all areas Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and facilities outside subject to the Premises rules and within the exterior boundary line regulations referred to in Article 5 of this Lease, those portions of the Building Complex that Project which are provided and designated by the Landlord provided, from time to time time, for the general non-exclusive use of in common by Landlord, Tenant and any other tenants of the Building Complex and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking Project (such areas, utility roomstogether with such other portions of the Project so designated by Landlord, loading in its reasonable discretion, are collectively referred to herein as the “Common Areas”). The Common Areas include the common space within the Building, the portions of the Project that are provided for use in common by Landlord, Tenant and unloading areas, trash areas, roadways, the other tenants of the Project and may include a park or other facilities (including the tennis courts) open to the general public and sidewalks, walkways, parkways, driveways and landscaped areaslandscape areas that are a part of the Wateridge Owners Association, of which the Project is a part. However, Landlord hereby grants to Tenantmakes no representation that any such Common Areas, for whether or not such Common Areas are available as of the benefit date of Tenant and its employeesthis Lease, suppliers, shippers, contractors, customers and invitees, during shall be available throughout the Primary entire Lease Term the non-exclusive right to use, Term. The manner in common with others entitled to such use, which the Common Areas as they exist are maintained and operated shall be at the reasonable discretion of Landlord, but consistent with similar Class A lab projects in the Sorrento Mesa area. Landlord reserves the right from time to time, subject time without notice to Tenant (i) to close temporarily 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 Complex. Under no circumstances shall the right therein 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. 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. Landlord shall have the right, in Landlord’s sole discretion, from time to time: ; (iii) to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of street entrances, driveways, entrancespassage ways, parking spacesstairways, parking direction of traffic, landscaped areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex add additional buildings and improvements to be a part of the Common Areas; (iv) to designate land outside the Project to be part of the Project, and in connection with the improvement of such land to add additional building buildings and improvements common areas to the Common AreasProject; (v) to delete from the Project any of the land and/or improvements currently located therein; (vi) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Building Complex, or any portion thereofProject; and (vivii) to do and perform such other acts and make such other changes in, to or with respect to the Project and/or Common Areas and Building Complex as Landlord may, in the exercise of sound business judgment may deem to be appropriate. However, notwithstanding the foregoing or any other provision of this Lease, unless required by law, without Tenant’s consent (which shall not be unreasonably withheld), Landlord shall not be entitled to make changes to the Common Areas that materially and adversely affect (a) Tenant’s access to the Premises, (b) Tenant’s use of the existing restrooms, Parking Facilities and other Common Areas, (c) Tenant’s financial obligations under this Lease or (d) Tenant’s ability to reasonably operate its business within the Premises. Any changes made by Landlord in accordance with this Section 1.2 shall be made in a manner that minimizes or eliminates interference with Tenant’s use of, or access to, the Premises.
Appears in 1 contract
Sources: Lease Agreement (Genomatica Inc)
Common Areas. The term “Tenant, its employees and invitees shall have the non-exclusive right to use the Common Areas” is defined Areas as all areas and facilities outside constituted for general use of the Premises and within the exterior boundary line occupants of the Building Complex that are provided and designated by the Landlord from time to time (except for the general non-exclusive mechanical rooms and janitorial closets), such use of to be in common with Landlord, Tenant and other tenants of the Building Complex and their respective employeesother persons and subject to the Rules and Regulations set forth in Exhibit D attached hereto and by this reference made a part hereof, suppliersas 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, shippersLandlord reserves the right from time to time to undertake any or all of the activities described below, 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 provided such reservation of rights shall not: (i) materially affect Tenant's use or enjoyment of or access to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled to such usePremises, the Common Areas as they exist 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, subject to any rights, powers, the dimensions and privileges reserved by Landlord under the terms hereof or under the terms location of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein 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. 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. Landlord shall have the right, in Landlord’s sole discretion, from time to time: (i) to make changes to the Common Areas, includingit being understood that Landlord may, without limitationat its option, changes in add any areas located within 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; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and improvements Block to the Common Areas; (v) to use create any additional improvements in the Common Areas while engaged or to alter or remove any improvements in making additional improvements, repairs 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 and 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 portion thereof; and (vi) to do and perform such other acts and make such other changes in, to or with respect to improvements outside the Common Areas and Building Complex except as Landlord may, expressly provided in the exercise of sound business judgment deem to be appropriatethis Lease.
Appears in 1 contract
Sources: Lease Agreement (Exult Inc)
Common Areas. The (a) As used in this Lease, the term “"Common Areas” is defined as all areas " shall mean those ------------ portions of, and facilities outside within, the Premises and within Shopping Center which are intended for the exterior boundary line common non-exclusive use of the Building Complex 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 construct the Common Areas of the 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 approval shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant, as well as its agents, employees and customers (collectively, "Customers"), shall have and are provided granted complete, nonexclusive --------- and designated undisturbed access to, and use of all Common Areas. Tenant's use of the Common Areas shall be subject to such reasonable, non-discriminatory rules and regulations as may be promulgated and thereafter amended and supplemented by the Landlord from time to time as Landlord deems necessary or advisable for proper and efficient use, operation and maintenance of the general non-exclusive Common Areas, provided that all such rules and regulations shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed and 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 Landlordthe parking facilities within the Center. If any such charge is required by applicable Law, Landlord shall establish systems of validation to enable Tenant and other tenants to provide parking without charge for its customers using such parking facilities for a reasonable period not less than three (3) hours. Landlord may from time to time establish, as a part of the Building Complex and their respective employeesrules subject to the Tenant's approval as set forth in the initial sentence of this Section, suppliers, shippers, customers, contractors and invitees, including such employee parking areas, utility rooms, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Landlord hereby grants systems (which shall be free of any charge to Tenant, for the benefit of Tenant and or its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to useunless such a charge is required by applicable Law, in common with others entitled which event such charge shall be borne by Landlord) as are not unreasonably burdensome to such use, the Common Areas as they exist from time to time, subject to any rights, powersoperation of Tenant's business, and privileges reserved 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 under to the terms hereof or under the terms of any rules north, northeast and regulations or restrictions governing the use west of the Building ComplexPremises 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). Under no circumstances shall the right therein 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 use reasonable ---------- efforts 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. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management prevent use of the Common Areas by other than Shopping Center occupants and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect theretotheir Customers. Landlord shall have cause the rightCommon 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 changes or to such extent as may, in Landlord’s sole discretion's reasonable opinion, from time be necessary to time: prevent dedication thereof or the accrual of rights to any person or to the public therein, (iii) close temporarily any or all of the Common Areas to make changes discourage non-customer parking, and (iii) perform such other acts in and to the Common AreasAreas 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, changes Tenant. Landlord shall maintain the Common Areas well lighted during Tenant's normal business hours and until 11:00 P.M. every day.
(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 locationshape, size, shape and number location, number, height or extent of drivewaysthe improvements to any portion of the Shopping Center; provided, entranceshowever, 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 spacesareas serving the Premises, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable or pedestrian or vehicular access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and improvements to the Common Areas; (v) to use from the Common Areas while engaged in making additional improvements, repairs and/or public rights-of-way adjacent thereto. Landlord shall not change the dimensions or alterations to location of 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 exercise of sound business judgment deem to be appropriatePremises.
Appears in 1 contract
Sources: Lease (Sport Chalet Inc)
Common Areas. The term “Common Areas” is defined as all areas 16.1 Landlord shall make available within and facilities outside the Premises and within the exterior boundary line of the Building Complex that such Common Areas as are provided and designated by the Landlord from time to time for the general non-exclusive use of Landlorddescribed in Exhibit B. Common Areas means, Tenant and other tenants of the Building Complex and their respective employeesbut is not limited to, suppliers, shippers, customers, contractors and invitees, including any parking areas, utility roomsdriveways, loading service courts, access and unloading areas, trash areas, roadwaysegress roads, sidewalks, walkwaysopened and enclosed courts, parkwayslandscaped and planted areas, driveways fire corridors, meeting areas and landscaped areaspublic restrooms. Landlord hereby grants to Tenantshall operate, for the benefit of Tenant manage, equip, light, repair and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with others entitled to such use, maintain the Common Areas for their intended purposes in such manner 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 Complex. Under no circumstances shall the right therein 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. 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. Landlord shall have the right, in Landlord’s 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 thereon and move or remove the same, or to construct additional structures within the Common Areas.
16.2 Tenant, its officers, (i) if any), employees, customers and invitees shall have the non-exclusive right in common with Landlord and all others to make changes whom Landlord has or may hereafter grant rights, to use the Common Areas, includingsubject to such rules and regulations as Landlord may impose, without limitationfrom 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 location"CAM Charge") incurred by Landlord in each Lease Year for (i) the Common Areas, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) to close temporarily any the roofs of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; Building, and (iii) all other areas and facilities adjoining or used in connection with the Building 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 insurance for property damage, liability and casualty insurance, full compensation and benefits of personnel used to designate other land outside perform services. The initial monthly payment shall be adjusted effective on the boundaries first day of the Building Complex to be a part first month of the Common Areas; (iv) to add additional building second Lease Year and improvements to on the Common Areas; (v) to use first day of the Common Areas while engaged first month of each Lease Year thereafter in making additional improvements, repairs or alterations to accordance with 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 exercise of sound business judgment deem to be appropriateCPI Increase Formula.
Appears in 1 contract
Sources: Lease Agreement (Stoneridge Inc)