Common use of Common Facilities Clause in Contracts

Common Facilities. (a) The Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; to change the areas, locations and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of the Common Facilities; to construct surface or elevated parking areas and facilities; to establish and change the level of parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if any; to close all or any portion of such parking areas or other Common Facilities to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlord, in the exercise of good business judgment, shall determine to be advisable, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises. Landlord agrees that it shall not enact any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules and regulations to the tenants of the Building in a uniform manner and shall not discriminate against Tenant in applying such rules and regulations. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Appears in 2 contracts

Sources: Lease Agreement (Itxc Corp), Lease Agreement (Itxc Corp)

Common Facilities. “Common Facilities” (asometimes referred to herein as “Common Areas”) The means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Center and their employees, agents, customers and other invitees, including without limitation, if the same exist: building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the Center, and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord reserves the right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time without liability to Tenant, provided the same does not unreasonably interfere with Tenant’s access to, or use of, the Premises or materially increase Tenant’s monetary obligations hereunder. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; . Landlord shall have the right to change the areasconstruct, locations maintain and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of operate lighting facilities on the Common Facilities; to construct surface or elevated police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to establish restrict parking by tenants, their officers, agents and change the level of employees to employee parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if anyareas; to close all or any portion of such parking areas or other the Common Facilities to such extent as mayextent, in provided the opinion same does not unreasonably interfere with Tenants access to, or use of, the Premises; to close temporarily all or any portion of Landlordthe Common Facilities for any reason, be necessary to prevent including for the purpose of preventing a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlordthe Common Facilities which Landlord shall determine, in the exercise of using good business judgment, shall determine to be advisableadvisable to improve the convenience and use thereof by tenants, provided that none of their officers, agents, employees and customers. Subject to the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of foregoing, all Common Facilities not within the Premises. , which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants, and if any such license is revoked, or if the amount of such areas is diminished, Landlord agrees that it shall not enact be subject to any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules liability and regulations to the tenants of the Building in a uniform manner and Tenant shall not discriminate against Tenant in applying be entitled to any compensation or abatement of rent, nor shall such rules and regulationsrevocation or diminution be deemed constructive or actual eviction. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Appears in 2 contracts

Sources: Standard Industrial Net Lease (Mabvax Therapeutics Holdings, Inc.), Standard Industrial Net Lease (Mabvax Therapeutics Holdings, Inc.)

Common Facilities. Common Facilities" (asometimes referred to herein as "Common Areas") The means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Center and their employees, agents, customers and other invitees, including without limitation, if the same exist: building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the Center, and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord reserves the right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time without liability to Tenant. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; . Landlord shall have the right to change the areasconstruct, locations maintain and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of operate lighting facilities on the Common Facilities; to construct surface or elevated police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to establish restrict parking by tenants, their officers, agents and change the level of employees to employee parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if anyareas; to close all or any portion of such parking areas or other the Common Facilities to such extent as mayextent; to close temporarily all or any portion of the Common Facilities for any reason, in including for the opinion purpose of Landlord, be necessary to prevent preventing a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlordthe Common Facilities which Landlord shall determine, in the exercise of using good business judgment, shall determine to be advisableadvisable to improve the convenience and use thereof by tenants, provided that none of their officers, agents, employees and customers. Subject to the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of foregoing, all Common Facilities not within the Premises. , which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants, and if any such license is revoked, or if the amount of such areas is diminished, Landlord agrees that it shall not enact be subject to any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules liability and regulations to the tenants of the Building in a uniform manner and Tenant shall not discriminate against Tenant in applying be entitled to any compensation or abatement of rent, nor shall such rules and regulationsrevocation or diminution be deemed constructive or actual eviction. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Appears in 2 contracts

Sources: Standard Industrial Net Lease (Aethlon Medical Inc), Standard Industrial Net Lease (Jmar Technologies Inc)

Common Facilities. “Common Facilities” includes all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Property, and their employees, agents, customers and other invitees, including without limitation building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (a) The including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the Property, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right, without liability to Tenant, to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, and Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; . Landlord shall have the right to change the areasconstruct, locations maintain and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of operate lighting facilities on the Common Facilities; to construct surface or elevated police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to establish restrict parking by tenants, their officers, agents and change the level of employees to employee parking surfacesareas; to establishenforce parking charges (by operation of meters or otherwise), modify and enforce rules, regulations with appropriate provisions for free parking facilities provided ticket validating by Landlord, if anytenants; to close all or any portion of such parking areas or other the Common Facilities to such extent as may, in the opinion of Landlord’s counsel, be necessary legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily all or any or all portions portion of the said areas or facilitiesCommon Facilities; to discourage non-customer parking; and to do and perform such other acts in and to said areas and improvements as Landlordthe Common Facilities which Landlord shall determine, in the exercise of using good business judgment, shall determine to be advisableadvisable to improve the convenience and use thereof by tenants, provided that none of their officers, agents, employees and customers. Subject to the foregoing shall adversely affect foregoing, Tenant or Tenant's agents' access to or may use of the Premises or reduce the usable area of all Common Facilities not within the Premises, under a revocable license, on a nonexclusive basis in common with other tenants. If any such license is revoked, or if the amount of such areas is diminished, Landlord agrees that it shall not enact be subject to any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules liability and regulations to the tenants of the Building in a uniform manner and Tenant shall not discriminate against Tenant in applying be entitled to any compensation or abatement of rent, nor shall such rules and regulationsrevocation or diminution be deemed constructive or actual eviction. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Appears in 2 contracts

Sources: Lease Agreement (Sophiris Bio Inc.), Lease Agreement (Sophiris Bio Inc.)

Common Facilities. (a) The All portions of the Shopping Center neither leased nor intended to be leased at the time to Tenant or other tenants are herein referred to as Common Facilities Facilities, shall at all times be subject to the exclusive control and management (subject to any express provisions of this lease) of Landlord. , and shall include, without limitation: all parking areas, access roads, employee parking areas, the truck way or ways, driveways, delivery passages, package pickup stations, pedestrian sidewalks, ramps, landscaped and planted areas, retaining walls, stairways, bus stops, first aid station, lighting facilities, comfort stations, and other areas and improvements. (b) Landlord shall have the right right: to establish, modify and enforce reasonable reasonable, uniform and non-discriminatory rules and regulations with respect to the Common Facilities, subject to Tenant’s prior written approval which shall not be unreasonably withheld, which Tenant will follow as long as all other tenants are similarly obligated to follow them; to change the areas, locations locations, and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of the Common Facilities; to construct surface or elevated parking areas and other common facilities; to establish regulate traffic flow and change the level of parking surfacesdelivery truck flow; to establishrestrict parking by tenants, modify their officers, agents, and enforce rules, regulations for employees to employee parking facilities provided by Landlord, if anyareas; to close all or any portion of such said parking areas or other Common Facilities common facilities to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; to discourage non-customer parking; and to do and perform such other acts in and to said areas and improvements as Landlordas, in the exercise of good business judgment, Landlord shall determine to be advisable, provided that none advisable with a view to the improvement of the foregoing shall adversely affect Tenant or Tenant's convenience and use thereof by tenants, their officers, agents' access to or use of the Premises or reduce the usable area of the Premises, employees, and customers. Notwithstanding any contrary provision provided in this paragraph (b), Landlord agrees that it Landlord shall not enact not, without Tenant’s prior written consent: (i) Change the layout or availability of the Common Facilities or parking space areas without Tenant’s written consent, (ii) construct any rule new structures on the Common Facilities or regulation with respect parking areas or construct additions to existing structures, without Tenant’s written consent, (iii) modify any easement or agreement pertaining to the use of, or ingress to or egress from, the parking areas, (iv) impose any parking charges, (v) close the parking areas for more than 1 day per year to prevent dedication, (vi) temporarily or permanently close the parking areas or Common Facilities, in whole or part, during Tenant’s store hours, except during the conduct of maintenance and repairs which shall be diligently performed to minimize the closing period, (vi) reduce the number of parking spaces existing on the date hereof, and (vii) enter into written agreements to permit parking by persons other than tenants, customers, and invitees of the Shopping Center. In addition, Landlord agrees to maintain security for the Shopping Center comparable to the standards of security utilized and maintained by Tenant at its shopping center on the 1st day of April 2014, and further agrees to keep the Common Facilities, including parking areas and egress, open and adequately lighted for at least one hour after Tenant closes the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules and regulations to the tenants of the Building in a uniform manner and shall not discriminate against Tenant in applying such rules and regulationsdemised premises for business. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Appears in 1 contract

Sources: Lease Agreement

Common Facilities. “Common Facilities” means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Center and their employees, agents, customers and other invitees, including without limitation, if the same exist; building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (a) The including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the Center, and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord reserves the right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time without liability to Tenant so long as Tenant retains reasonable ingress and egress to the Premises and the parking areas. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; . Landlord shall have the right to change the areasconstruct, locations maintain and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of operate lighting facilities on the Common Facilities; to construct surface or elevated police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to establish restrict parking by tenants, their officers, agents and change the level of employees to employee parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if anyareas; to close all or any portion of such parking areas or other the Common Facilities to such extent as mayextent; to close temporarily all or any portion of the Common Facilities for any reason, in including for the opinion purpose of Landlord, be necessary to prevent preventing a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlordthe Common Facilities which Landlord shall determine, in the exercise of using good business judgment, shall determine to be advisableadvisable to improve the convenience and use thereof by tenants, provided that none of the foregoing shall adversely affect Tenant or Tenant's their officers, agents' access to or use of the Premises or reduce the usable area of the Premises. Landlord agrees that it shall not enact any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules employees and regulations to the tenants of the Building in a uniform manner and shall not discriminate against Tenant in applying such rules and regulations. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities customers so long as adequate facilities Tenant retains reasonable ingress and egress to the Premises and the parking areas. Subject to the foregoing, all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common are made available with other tenants, and if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to the Tenantany liability and Tenant shall not be entitled to any compensation or abatement of rent, provided that none of the foregoing nor shall adversely affect Tenant such revocation or Tenant's agents' access to diminution be deemed constructive or use of the Premises or reduce the usable area of the Premisesactual eviction.

Appears in 1 contract

Sources: Standard Industrial Lease (Brooks Automation Inc)

Common Facilities. Common Facilities” (asometimes referred to herein as “Common Areas”) The means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Building and their employees, agents, customers and other invitees, including without limitation: building lobbies, common corridors and hallways, restrooms, pedestrian walkways, utility yard, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the Building, and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord reserves the right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time without liability to Tenant. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; . Landlord shall have the right to change the areasconstruct, locations maintain and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of operate lighting facilities on the Common Facilities; to construct surface or elevated police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to establish restrict parking by tenants, their officers, agents and change the level of employees to employee parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if anyareas; to close all or any portion of such parking areas or other the Common Facilities to such extent as mayextent; to close temporarily all or any portion of the Common Facilities for any reason, in including for the opinion purpose of Landlord, be necessary to prevent preventing a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlordthe Common Facilities which Landlord shall determine, in the exercise of using good business judgment, shall determine to be advisableadvisable to improve the convenience and use thereof by tenants, provided that none their officers, agents, employees and customers. Subject to the foregoing, all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants, and if any such license is revoked, or if the amount of the foregoing such areas is diminished, Landlord shall adversely affect not be subject to any liability and Tenant shall not be entitled to any compensation or Tenant's agents' abatement of rent, nor shall such revocation or diminution be deemed constructive or actual eviction, so long as Tenant retains sufficient access to or the Premises and that Tenant’s use of the Premises Common Areas remains reasonably equivalent. Landlord’s right pursuant to this Section 6.5, including without limitation the rights to construct, maintain, relocate, alter, improve, or reduce adjust the usable area Common Facilities shall be subject to the condition that (i) the exercise of the Premises. Landlord agrees that it any of such rights shall not enact any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes unreasonably interfere with Tenant's permitted ’s use of the Premises. , or decrease the number of Tenant’s parking spaces, (ii) Landlord agrees that it shall apply the rules provide reasonable prior notice to Tenant before exercising any such rights which may interfere with Tenant’s business, and regulations (ii) Landlord shall use its best efforts to minimize to the tenants of the Building in a uniform manner and shall not discriminate against Tenant in applying extent possible any interference with Tenant’s business, including without limitation scheduling such rules and regulationswork after business hours or on weekends. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Appears in 1 contract

Sources: Standard Industrial Net Lease (Halozyme Therapeutics Inc)

Common Facilities. (a) The Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; to change the " shall mean all areas, locations facilities, utilities, equipment and arrangements of Common Facilities; to enter into, modify services within the Building and terminate easement and other agreements pertaining to the use and maintenance of the Common Facilities; to construct surface or elevated parking areas and facilities; to establish and change the level of parking surfaces; to establish, modify and enforce rules, regulations for parking facilities Project provided by Landlord, if any; to close all Landlord for the common use or any portion benefit of such parking areas or other Common Facilities to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlord, in the exercise of good business judgment, shall determine to be advisable, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises. Landlord agrees that it shall not enact any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules and regulations to the tenants of the Building and Project including, without limitation, pedestrian walkways, malls and courts, parks and varas, driveways and access roads, parking facilities, entrances and exits, truck service ways, loading docks, landscaped areas, stairways, elevators, lobbies, common corridors and hallways, restrooms and all offsite areas Landlord is required to maintain under the provisions of applicable governmental requirements. Tenant and its employees and business invitees shall be entitled to use the Common Facilities during the Term, in a uniform manner common with Landlord and shall not discriminate against with other persons authorized by Landlord from time to time, subject to the Rules and Regulations. Tenant in applying such rules and regulations. (b) Landlord reserves the right in expressly covenants that its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all use of the Common Facilities shall comply with the Rules and Regulations, including those established for shipping and receiving of goods. Anything in this Lease to the contrary notwithstanding, it is expressly understood and agreed that the designation or use from dine to time of portions of the Common Facilities shall not restrict Landlord's use of such areas for such purposes as Landlord shall determine in its commercially reasonable discretion. Notwithstanding anything to the contrary contained herein, Tenant hereby agrees and acknowledges that because (and so long as adequate facilities as) Tenant is leasing an entire floor in common are made available the Building and is thereby entitled to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or exclusive use of the Premises or reduce lobby located on such floor, such lobby shall not be included in the usable Common Facilities and Landlord shall have no obligation whatsoever to maintain, repair and/or otherwise service such lobby. In the event that Tenant no longer leases an entire floor in the Building, Tenant shall no longer have exclusive use of such lobby area of and such lobby area shall be included in the PremisesCommon Facilities hereunder.

Appears in 1 contract

Sources: Office Lease (Allos Therapeutics Inc)

Common Facilities. Common Facilities” (asometimes referred to herein as “Common Areas”) The means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Center and their employees, agents, customers and other invitees, including without limitation, if the same exist: buildings, building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, mechanical equipment yards, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the Center, and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord reserves the right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time without liability to Tenant. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; . Landlord shall have the right to change the areasconstruct, locations maintain and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of operate lighting facilities on the Common Facilities; to construct surface or elevated police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to establish restrict parking by tenants, their officers, agents and change the level of employees to employee parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if anyareas; to close all or any portion of such parking areas or other the Common Facilities to such extent as mayextent; to close temporarily all or any portion of the Common Facilities for any reason, in including for the opinion purpose of Landlord, be necessary to prevent preventing a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlordthe Common Facilities which Landlord shall determine, in the exercise of using good business judgment, shall determine to be advisableadvisable to improve the convenience and use thereof by tenants, provided that none of their officers, agents, employees and customers. Subject to the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of foregoing, all Common Facilities not within the Premises. , which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants, and if any such license is revoked, or if the amount of such areas is diminished, Landlord agrees that it shall not enact be subject to any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules liability and regulations to the tenants of the Building in a uniform manner and Tenant shall not discriminate against Tenant in applying be entitled to any compensation or abatement of rent, nor shall such rules and regulationsrevocation or diminution be deemed constructive or actual eviction. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Appears in 1 contract

Sources: Standard Industrial Net Lease (CardioVascular BioTherapeutics, Inc.)

Common Facilities. (a) The Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; to change the areas, locations and arrangements of parking areas and other Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of the parking areas and other Common Facilities; to restrict parking by tenants, their officers, agents, and employees to employee parking areas; to construct surface or elevated parking areas and facilities; to establish and change the level of parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if any; to close all or any portion of such the parking areas or other Common Facilities to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilitiesfacilities for repairs or other purposes permitted under the Lease; to discourage non-tenant parking and to do and perform such other acts in and to said areas and improvements as Landlordas, in the exercise of good business judgment, Landlord shall determine to be advisableadvisable for the convenience and use thereof by tenants, provided that none of the foregoing shall adversely affect Tenant or Tenant's their officers, agents' access to or use of the Premises or reduce the usable area of the Premises. Landlord agrees that it shall not enact any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules employees and regulations to the tenants of the Building in a uniform manner and shall not discriminate against Tenant in applying such rules and regulationscustomers. (b) Landlord will operate and maintain the Common Facilities which may be provided pursuant to this Section in a first-class manner and shall keep the same in good condition. (c) Tenant and its employees shall park their cars only in those parking areas designated for that purpose by Landlord. (d) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant. Anything herein to the contrary notwithstanding, provided that none there shall be no material diminution of the foregoing shall adversely affect Common Facilities, the availability and quality and condition of which constitute a material inducement for Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premisesentering into this Lease.

Appears in 1 contract

Sources: Lease Agreement (Opinion Research Corp)

Common Facilities. “Common Facilities” (asometimes referred to herein as “Common Areas”) The means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Center and their employees, agents, customers and other invitees, including without limitation, if the same exist. building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the Center, and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord reserves the right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time without liability to Tenant. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; . Landlord shall have the right to change the areasconstruct, locations maintain and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of operate lighting facilities on the Common Facilities; to construct surface or elevated police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to establish restrict parking by tenants, their officers, agents and change the level of employees to employee parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if anyareas; to close all or any portion of such parking areas or other the Common Facilities to such extent as mayextent; to close temporarily all or any portion of the Common Facilities for any reason, in including for the opinion purpose of Landlord, be necessary to prevent preventing a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlordthe Common Facilities which Landlord shall determine, in the exercise of using good business judgment, shall determine to be advisableadvisable to improve the convenience and use thereof by tenants, provided that none of their officers, agents, employees and customers. Subject to the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of foregoing, all Common Facilities not within the Premises. , which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants, and if any such license is revoked, or if the amount of such areas is diminished, Landlord agrees that it shall not enact be subject to any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules liability and regulations to the tenants of the Building in a uniform manner and Tenant shall not discriminate against Tenant in applying be entitled to any compensation or abatement of rent, nor shall such rules and regulationsrevocation or diminution be deemed constructive or actual eviction. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Appears in 1 contract

Sources: Sublease Agreement (Locust Walk Acquisition Corp.)

Common Facilities. (a) The Common Facilities COMMON FACILITIES" shall at mean all times be subject to the exclusive control and management of Landlord. Landlord shall have the right to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; to change the areas, locations facilities, utilities, equipment and arrangements of Common Facilities; to enter into, modify services within the Building and terminate easement and other agreements pertaining to the use and maintenance of the Common Facilities; to construct surface or elevated parking areas and facilities; to establish and change the level of parking surfaces; to establish, modify and enforce rules, regulations for parking facilities Project provided by Landlord, if any; to close all Landlord for the common use or any portion benefit of such parking areas or other Common Facilities to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlord, in the exercise of good business judgment, shall determine to be advisable, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises. Landlord agrees that it shall not enact any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules and regulations to the tenants of the Building and Project including, without limitation, pedestrian walkways, malls and courts, parks and varas, driveways and access roads, parking facilities, entrances and exits, truck service ways, loading docks, landscaped areas, stairways, elevators, lobbies, common corridors and hallways, restrooms and all offsite areas Landlord is required to maintain under the provisions of applicable governmental requirements. Tenant and its employees and business invitees shall be entitled to use the Common Facilities during the Term, in a uniform manner common with Landlord and shall not discriminate against with other persons authorized by Landlord from time to time, subject to the Rules and Regulations. Tenant in applying such rules and regulations. (b) Landlord reserves the right in expressly covenants that its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all use of the Common Facilities shall comply with the Rules and Regulations, including those established for shipping and receiving of goods. Anything in this Lease to the contrary notwithstanding, it is expressly understood and agreed that the designation or use from time to time of portions of the Common Facilities shall not restrict Landlord's use of such areas for such purposes as Landlord shall determine in its commercially reasonable discretion. Notwithstanding anything to the contrary contained herein, Tenant hereby agrees and acknowledges that because (and so long as adequate facilities as) Tenant is leasing an entire floor in common are made available the Building and is thereby entitled to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or exclusive use of the Premises or reduce lobby located on such floor, such lobby shall not be included in the usable Common Facilities and Landlord shall have no obligation whatsoever to maintain, repair and/or otherwise service such lobby. In the event that Tenant no longer leases an entire floor in the Building, Tenant shall no longer have exclusive use of such lobby area of and such lobby area shall be included in the PremisesCommon Facilities hereunder.

Appears in 1 contract

Sources: Office Lease (Allos Therapeutics)

Common Facilities. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use the following in common with all others entitled thereto (subject to reasonable rules of general applicability to tenants and other users from time to time made by Landlord of which Tenant is given written notice): (a) The Common the common lobbies, corridors, stairways, elevators and loading platform, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others; (b) common driveways and walkways necessary for access to the Building; (c) if the Premises include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby on such floor and serving the Premises; (d) the roof of the Building for telecommunications antennae; (e) the Parking Facilities; (f) facilities serving the Building from time to time intended for general use by Tenant, other Building tenants (if any), and visitors, subject to reasonable rules from time to time made by Landlord of which Tenant is given notice; (g) loading dock; and (h) any other facilities generally available to tenants in the Project, subject to reasonable rules from time to time in effect of which Tenant is given notice. Landlord shall maintain the common areas and facilities in good order and condition, including all landscaping, walkways, parking areas and other outdoor facilities (including, without limitation, outdoor lighting), consistent with other first-class mixed-use buildings in the greater Boston “Metro-West” area, and in compliance with all Legal Requirements. Such maintenance shall include snow removal in the outside areas of the Project providing access to the Project, the Building and/or the Parking Facilities for Tenant, including the walkways and parking areas. All of the rights set forth in this Section 2.2 shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right to establish, modify and enforce reasonable rules and regulations with respect from time to time made by Landlord of which Tenant is given written notice. Nothing contained in the Common Facilities; Lease shall prohibit or otherwise restrict Landlord from changing, from time to change time, without notice to Tenant, the areaslocation, locations and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance layout or type of the Common Facilities; to construct surface or elevated parking forgoing common areas and facilities; to establish , provided that no such change shall materially and change adversely affect Tenant’s appurtenant rights set forth in this Section 2.2 and Landlord shall not substantially reduce the level number of parking surfaces; spaces available for use of tenants of the Building, nor relocate such parking spaces except on a temporary basis or as a result of a Force Majeure event. In the event the parking shall be relocated pursuant to establishthe preceding sentence, modify such parking may be relocated only within the Project and enforce rulesmust be within reasonable walking distance to the Building. In no event shall Landlord ever reduce the parking ratio set forth in Section 2.2.2 below. Except as set forth in this Lease, regulations for parking facilities provided by Landlordincluding Article XI hereof, if any; Tenant shall have no right of access or to close all or use any portion of such parking areas or other Common Facilities to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions roof of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlord, in the exercise of good business judgment, shall determine to be advisable, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises. Landlord agrees that it shall not enact any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules and regulations to the tenants of the Building in a uniform manner and shall not discriminate against Tenant in applying such rules and regulationsBuilding. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Appears in 1 contract

Sources: Lease Agreement (Pegasystems Inc)