Common use of Common Facilities Clause in Contracts

Common Facilities. (a) Tenant shall have the non-exclusive right, in common with others, to the use of any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives and similar access and serviceways, washrooms and other Common Areas of the Real Property. 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 in the Building 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 operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from such areas or to prevent the use of such areas by unauthorized persons. Subject to availability, Tenant’s employees shall have use in common with other tenants of the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses). (b) Landlord reserves the right, at any time and from time to time, to (1) make alterations in or additions to the Common Areas, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, ramps, and similar access and serviceways, (2) designate property to be included in or eliminate property from the Common Areas, (3) close temporarily any of the Common Areas for maintenance purposes, and (4) use the Common Areas while engaged in making alterations in or additions and repairs to the Property; provided, however, that reasonable access to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas in the Building) near the Building remains available.

Common Facilities. (a) Tenant Tenant, subject to in accordance with all applicable provisions of this Lease, shall have the a non-exclusive right, in common with others, license to the use of any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives and similar access and serviceways, washrooms and other Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas shall at and the Project Common Areas (hereinafter for purposes of this Section collectively referred to as the “Common Areas”) (including, without limitation, the nonexclusive right to use all times be the Project parking areas and the Project Garage as more specifically set forth in Section 45 of this Lease), subject to the exclusive control and management of Landlord and the rights of Landlord and of other tenants tenants, owners and permitted users in the Building who Project, including owners and tenant of the adjoining residential development. Tenant shall comply with such rules and regulations as Landlord prescribes periodically regarding use the same in common with Tenant, and it shall be the duty of Tenant to keep all the Common Areas free including the rules and clear of any obstructions created or permitted by regulations attached hereto as Exhibit C. Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from for any sales or display purposes, or for any purpose which would impede or create hazardous conditions for the flow of pedestrian or other traffic. Tenant shall use only such areas entrances, exits, and service lanes in the rear of the stores as designated by Landlord for the loading or to prevent the use unloading of such areas by unauthorized personstrucks or other vehicles. Subject to availability, Tenant and Tenant’s employees shall have use in common with other tenants of only the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses)employee parking areas designated by Landlord. (b) Landlord reserves shall have the right, at any time exclusive right and from time authority to time, to (1) make alterations in or additions employ and discharge personnel with respect to the Common AreasAreas Without limiting the foregoing, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, ramps, and similar access and serviceways, Landlord may (2) designate property to be included in or eliminate property from the Common Areas, (3) close temporarily any of the Common Areas for maintenance purposes, and (4i) use the Common Areas while engaged for promotions, exhibits, displays, outdoor seating, food facilities and any other use which tends to attract customers to or benefits the Project; (ii) grant the right to conduct sales in making alterations in or additions such Common Areas; (iii) erect, remove and repairs lease kiosks, planters, pools, sculptures, buildings and other improvements within such Common Areas; (iv) enter into, modify and terminate easements and other agreements pertaining to the Propertyuse and maintenance of the Project; provided(v) construct, howevermaintain, that reasonable access operate, replace and remove lighting, equipment, and signs on all or any part of such Common Areas; (vi) restrict parking and discourage non-Project customer parking; and (vii) temporarily close all or any portion of the Project as may be necessary to prevent a dedication or accrual of any rights to any person or to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas in the Building) near the Building remains availablepublic.

Common Facilities. (a) Tenant shall have From time to time, Landlord may, at Landlord’s sole cost and expense (except to the non-exclusive rightextent includable in Operating Cost pursuant to Section 7), provide for use in common with others, to the use of by any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives tenants and similar access and serviceways, washrooms and other Common Areas of the Real Property. 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 occupants in the Building who (including, without limitation, Tenant and any Permitted Users) and others as Landlord may in its sole judgment direct (including without limitation, tenants of other buildings in the Project), certain facilities within the Building or the Project (the amenities in the Building described herein are collectively, the “Building Amenities” and together with any other similar common facilities located within the Project and made available for 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 operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from such areas or to prevent the use of such areas by unauthorized persons. Subject to availability, Tenant’s employees shall have use in common with other tenants of the Building, are collectively the “Common Facilities”), all as typically provided by owners and operators of Comparable Buildings; provided that, notwithstanding anything to the contrary contained herein, at all times during the term, Landlord shall maintain the following Common Facilities, if and when existing in the Building: (i) exclusive use by Tenant of the roof top deck, subject to Section 49, (ii) a bike room, subject to subsection (b) below, and (iii) a loading dock serving the Building, with a freight elevator within close proximity thereto. Tenant agrees that its use of the Common Facilities shall be subject to and in accordance with such written rules and regulations as Landlord may promulgate from time to time in accordance with the provisions of Section 5(e) with respect to the Rules and Regulations, applied mutatis mutandis, covering the use of the Common Facilities (including any requirement that the user of any Common Facilities execute Landlord’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs standard waiver of liability form in connection with such amenities use), and that any use of the Common Facilities by Tenant, its employees or invitees, shall be at their sole risk, cost and expense. The Common Facilities may be included temporarily closed from time to time in Operating Expenses)connection with any renovations or repairs of such Common Facilities. Landlord shall not be responsible for any injury, loss or damage suffered by Tenant, its employees or invitees, arising out of or in any way connected with or related to their use of the Common Facilities. Landlord shall throughout the Term continue to provide the Building Amenities for use by tenants and occupants of the Building, subject to such modifications in the operation, size, location or configuration thereof as Landlord may deem appropriate; provided that to the extent such amenities are no customarily being provided by landlords of Comparable Buildings, Landlord may elect to discontinue the provision of one or more of the Building Amenities. (b) Landlord reserves will include as a standard operating feature of the rightBuilding a secured, at access-controlled bicycle storage room with bollard-style bike racks (or similar) and a self-repair station (the “Bike Room”) in the location identified on Exhibit L, attached hereto, which will be available for use by Tenant and other parties determined by Landlord, as available. All costs and expenses incurred in operating and maintaining the Bike Room, including without limitation imputed rent on the space comprising the Bike Room and other costs or expenses incurred in leasing equipment or costs to purchase equipment, whether or not ordinarily considered to be of a capital nature, shall be included in Operating Cost. Tenant shall comply with any time and all reasonable rules and regulations that Landlord shall promulgate from time to time, to (1) make alterations in or additions to time regarding the Common Areas, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, ramps, and similar access and serviceways, (2) designate property to be included in or eliminate property from the Common Areas, (3) close temporarily any of the Common Areas for maintenance purposes, and (4) use the Common Areas while engaged in making alterations in or additions and repairs to the Property; provided, however, that reasonable access to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas in Bike Room. Tenant’s use of the BuildingBike Room and storage of bicycles and other personal property stored or kept therein shall be at Tenant’s sole risk, and Landlord shall have no liability for any loss or damage to any bicycles or other personal property stored or kept within the Bike Room except to the extent such claims or liability results from the negligence or willful misconduct of Landlord, its employees or agents. (c) near Landlord shall negotiate a commercially reasonable arrangement with the hotel that is or is scheduled to be part of the Project that said hotel provide for the benefit of the Building remains availableand its tenants, including Tenant, a reservation discount and reservation priority for meeting rooms and event space within said hotel, on a non-exclusive, first-come, first-served basis (each, a “Pre-Reservation”). In the event that Tenant elects to use a Pre-Reservation, Tenant shall give Landlord not less than forty-five (45) days advance notice of same, and Landlord shall use commercially reasonable efforts to assist Tenant in obtaining a reservation at said hotel on the date and at the time requested by Tenant. In the event Tenant utilizes any Pre-Reservation, Tenant shall be responsible for the costs of any catering, audio-visual connections and set-up/clean-up that may be assessed by said hotel.

Common Facilities. ​ (a) Tenant Tenant, subject to in accordance with all applicable provisions of this Lease, shall have a non-exclusive license to use the Common Areas and the Project Common Areas (hereinafter for purposes of this Section collectively referred to as the “Common Areas”) (including, without limitation, the non-exclusive rightright to use all the Project parking areas and the Project Garage as more specifically set forth in Section 45 of this Lease), in common with others, subject to the use exclusive control and management of any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives Landlord and similar access and serviceways, washrooms and other Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas shall at all times be subject to the rights of Landlord and of other tenants tenants, owners and permitted users in the Building who Project, including owners and tenant of the adjoining residential development. Tenant shall comply with such rules and regulations as Landlord prescribes periodically regarding use the same in common with Tenant, and it shall be the duty of Tenant to keep all the Common Areas free including the rules and clear of any obstructions created or permitted by regulations attached hereto as Exhibit C. Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from for any sales or display purposes, or for any purpose which would impede or create hazardous conditions for the flow of pedestrian or other traffic. Tenant shall use only such areas entrances, exits, and service lanes in the rear of the stores as designated by ​ ​ ​ Landlord for the loading or to prevent the use unloading of such areas by unauthorized personstrucks or other vehicles. Subject to availability, Tenant and Tenant’s employees shall have use in common with other tenants of only the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses).employee parking areas designated by Landlord. ​ (b) Landlord reserves shall have the right, at any time exclusive right and from time authority to time, to (1) make alterations in or additions employ and discharge personnel with respect to the Common AreasAreas Without limiting the foregoing, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, ramps, and similar access and serviceways, Landlord may (2) designate property to be included in or eliminate property from the Common Areas, (3) close temporarily any of the Common Areas for maintenance purposes, and (4i) use the Common Areas while engaged for promotions, exhibits, displays, outdoor seating, food facilities and any other use which tends to attract customers to or benefits the Project; (ii) grant the right to conduct sales in making alterations in or additions such Common Areas; (iii) erect, remove and repairs lease kiosks, planters, pools, sculptures, buildings and other improvements within such Common Areas; (iv) enter into, modify and terminate easements and other agreements pertaining to the Propertyuse and maintenance of the Project; provided(v) construct, howevermaintain, that reasonable access operate, replace and remove lighting, equipment, and signs on all or any part of such Common Areas; (vi) restrict parking and discourage non-Project customer parking; and (vii) temporarily close all or any portion of the Project as may be necessary to prevent a dedication or accrual of any rights to any person or to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas in the Building) near the Building remains available.public. ​

Common Facilities. 43.1. Landlord shall, at Landlord’s cost, construct the Common Facilities (as defined in Exhibit “B”) of the Center. Landlord may construct the Center and the Common Facilities in phases or stages and not all Common Facilities of the Center may be constructed by the Commencement Date. Notwithstanding the foregoing, however, Landlord has constructed or shall construct prior to the Commencement Date such portions of the Common Facilities as shall be reasonably required (a) Tenant shall have the non-exclusive right, in common with others, to provide ingress and egress to the use of any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives Premises and similar access and serviceways, washrooms and other Common Areas of the Real Property. The rights of Tenant hereunder in and parking associated therewith from one or more public streets adjacent to the Common Areas shall at all times be subject to the rights of Landlord Center and other tenants in the Building 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 operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from such areas or to prevent the use of such areas by unauthorized persons. Subject to availability, Tenant’s employees shall have use in common with other tenants of the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses). (b) to provide to the Premises its Allocated Parking Spaces located within the Common Facilities pursuant to the “Parking Plan” attached hereto as Exhibit “H” and made a part hereof. Except as otherwise specifically provided herein, Landlord reserves shall cause all “Common Facilities” to be constructed, operated, maintained, repaired, lighted, cleaned and equipped during the rightterm of this Lease in such manner and at such times as Landlord determines to be appropriate. 43.2. Provided such changes do not materially and adversely affect Tenant’s use of or access to the Premises, at any time and Landlord may make changes from time to timetime in the size, to (1) make alterations in or additions to shape, location, and extent of the Common AreasFacilities, including constructing new buildings or changing which in Landlord’s sole discretion are desirable (including, but not limited to, the addition, elimination, location, sizeor relocation of surface, shape underground, or number of the common driveways, parking spaces, multiple-deck parking areas, loading and unloading areas, landscape areas, walkwaysdriveways, entrances, lobbiesexits, elevatorslandscaped, stairs, rampsor prohibited areas, and similar access the determination of direction and serviceways, (2) designate property flow of traffic). No such change shall entitle Tenant to be included in or eliminate property from the Common Areas, (3) close temporarily any abatement of the Common Areas for maintenance purposes, and (4) use the Common Areas while engaged in making alterations in or additions and repairs to the Propertyrent except as provided below; provided, however, that reasonable access to the Premises and parking at or (only Landlord shall make no changes in connection a manner that will unreasonably interfere with temporary interruptions of Tenant’s use of the parking areas Premises as permitted hereunder. Except as expressly provided in this Section, Landlord shall not be obligated to design, construct, install, or pay for any other improvements or assessments of any type or extent whatsoever. In the Building) near event of Landlord’s failure or inability to design, construct, and install such improvements in a timely manner, Tenant’s exclusive remedy shall be to ▇▇▇▇▇ payment of rent for a period of time commencing on the Building remains availabledate by which Allocated Parking Spaces are required to be completed and continuing until that date on which the same are finally completed, but only if Tenant gives Landlord timely written notice setting forth the facts reasonably giving rise to such rent abatement. No such delay in completion of such improvements shall entitle Tenant to terminate this Lease.

Common Facilities. (a) Tenant shall have the non-exclusive right, right in common with others, to the use of any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives and similar access and serviceways, washrooms and other Common Areas of the Real Property. 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 in the Building 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 operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from such areas or to prevent the use of such areas by unauthorized persons. Subject to availability, Tenant’s employees shall have use in common with other tenants of the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses). (b) Landlord reserves the right, at any time and from time to time, to (1) make alterations in or additions to the Common Areas, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, ramps, drives, stairs, ramps, and similar access and servicewaysserviceways and other common facilities in and adjacent to the Building, (2) designate property subject to such rules anti regulations ac may he adopted by the Landlord including but not limited to the right to close from time to time all or any portion of said common facilities to such extent as may be included legally sufficient, in Landlord's sole opinion, to prevent a dedication thereof or eliminate property from the Common Areas, (3) close temporarily accrual of rights to any person or to the public therein. Landlord shall at all times have exclusive control and management of the Common Areas common areas and facilities and no diminution thereof shall be deemed a constructive or actual eviction or entitle Tenant to compensation or a deduction or abatement of rent. All common areas and facilities which Tenant is permitted to use and occupy are used and occupied under a revocable license. Landlord, in its sole discretion, may increase, decrease or change the number, location and dimensions of any hallways, lobby areas, common areas, facilities and other improvements in the Building which are not within the Premises. Landlord agrees to advise Tenant at least thirty (30) days in advance of any proposed material changes to the configuration of the Building lobby, or any material change in the west entrance to the Building. Landlord reserves the right from time to time to (i) install, use, maintain, repair, relocate and replace pipes, ducts, conduits, wires and meters and equipment for maintenance purposesservice to the Premises or to other parts of the Building in the areas above the suspended ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building within the Premises and elsewhere in the Building; (ii) alter or expand the Building; and (4iii) use the Common Areas while engaged alter, relocate or substitute any common areas and facilities, all in making alterations in or additions and repairs to the Property; provided, however, that reasonable a manner which does not materially adversely affect access to the Premises and parking at Premises, or (only in connection with temporary interruptions of use the visibility of the parking areas in Premises from the Building) near the main Building remains availablelobby.