Common use of Dining Facilities Clause in Contracts

Dining Facilities. During the Term and any extension of the Term, Tenant shall be entitled to use, maintain and operate the commercial kitchen and dining facilities previously constructed by Tenant at the Premises, which commercial kitchen and dining facilities do not include the Atrium, and which commercial kitchen and dining facilities are more particularly described in the cross-hatched area shown on Exhibit E (the “Dining Facilities”), subject to Tenant’s compliance with the following terms and conditions: (i) Tenant shall maintain in all cooking areas chemical fire extinguishing devices approved by the Five Insurance Rating Organization and any applicable governmental authority; (ii) Tenant shall prevent fat, grease or any other greasy substance from (A) entering the waste lines of the Building by using grease traps or similar devices, and (B) accumulating in the exhaust fans and hoods; (iii) Tenant shall handle and dispose of all rubbish, garbage and waste in accordance with applicable Laws; (iv) Tenant shall at all times keep and maintain the Dining Facilities and all equipment, fixtures and appliances located therein in a clean, safe, operable and sanitary condition in compliance with all applicable Laws and Landlord shall have no cleaning, maintenance or repair obligations related thereto, except with respect to Landlord’s Dining and Fitness Center Obligations described in Section 4(a) above; (v) the Dining Facilities may only be used by Tenant, its employees, agents and invitees and shall not be open to the public; and (vi) Tenant shall maintain, at its cost, a service contract with a qualified and licensed firm for the eradication and control of insects, rodents, vermin and other pests in accordance with applicable Law.

Dining Facilities. During the Term (a) Incidental to Subtenant’s permitted use but subject to Landlord’s and any extension Sublandlord’s approval of all of the Termdetails of the location, Tenant design and construction thereof and subject to all of the other terms of this Lease, Subtenant shall be entitled have the right, but not the obligation, at its expense and in accordance with applicable Laws, to use, maintain use a portion of the Subleased Premises for the installation and operate the commercial kitchen and operation of dining facilities previously constructed by Tenant at the Premises, which commercial kitchen and dining facilities do not include the Atrium, and which commercial kitchen and dining facilities are more particularly described in the cross-hatched area shown on Exhibit E (the “Dining Facilities”), subject to Tenantincluding facilities for food and beverage preparation, handling, cooking and other associated facilities. (b) If Subtenant so installs, maintains or operates such Dining Facilities, Subtenant shall, at Subtenant’s compliance with the following terms sole cost and conditions: expense: (i) Tenant shall Install and maintain in all cooking areas areas, chemical fire extinguishing devices (such as an ansul) approved by the Five Fire Insurance Rating Organization having jurisdiction over the Subleased Premises and, if gas is used in the Subleased Premises for cooking or other purposes, suitable gas cut-off devices (manual and any applicable governmental authority; automatic); (ii) Tenant shall prevent Prevent fat, grease grease, or any other greasy substance from (Ax) entering the waste lines of of’ the Building by using grease traps trap or similar devices, device(s) and (By) accumulating in the exhaust fans hoods and hoods; fans; (iii) Tenant shall handle Handle and dispose of all rubbish, garbage and waste from the Dining Facilities in accordance with all applicable Laws; (iv) Tenant Laws and in areas designated by Landlord from time to time in accordance with reasonable regulations established by Landlord and not permit the accumulation of any rubbish or garbage in, on, or about any part of the Building. All food or food product rubbish, garbage or’ waste shall be stored in closed containers and kept in refrigerated areas, to be installed at all times keep Subtenant’s expense. Subtenant shall also be responsible for the costs of removal of the food related waste and maintain must obtain Landlord’s approval of the location for the refrigerated dumpster. Subtenant shall obtain Landlord’s approval of the vendors related to the grease traps and waste and other aspects of the Dining Facilities Facility. Subtenant will make the maintenance records on the grease trap, fire extinguishers, etc., available for review by Landlord’s Property Manager. (c) In connection with the installation, maintenance or operation of the Dining Facilities, Subtenant shall not use the plumbing facilities of the Building for any purpose other than that for which they were constructed, or dispose of any garbage or other foreign substance therein, whether through the utilization of so-called “disposal” or similar units, or otherwise. (d) In connection with the installation of cooking facilities in the Dining Facilities, Subtenant may, at Subtenant’s sole cost and all equipmentexpense, fixtures in the location(s) designated by Landlord, in accordance with, and appliances located therein subject to, the provisions of the Master Lease, install (i) an exhaust shaft or flue (it being agreed that Sublandlord will cooperate with Subtenant in a cleanlocating appropriate space for an exhaust shaft or flue), safeand (ii) an exhaust fan, operable the location and sanitary design of which shaft and fan, and the manner and method of installation of which shaft and fan, shall be subject to Landlord’s prior written approval. Subtenant shall maintain and operate said shaft and fan in good working order and condition and in compliance with all applicable Laws Laws. Subtenant shall be responsible for, and pay, all costs and expenses associated with or related to the installation, maintenance, repair and operation of said shaft and fan, including, without limitation, the furnishing and installation of all related ductwork. Subtenant shall, at Subtenant’s sole cost and expense, maintain in good working condition, and make all necessary repairs to and replacements of, said shaft or fan. Subtenant shall at all times cooperate with Landlord and abide by the regulations and requirements which Landlord may from time to time reasonably prescribe for the proper functioning and protection of said shaft and fan. (e) For so long as the Dining Facilities are being used or operated as a kitchen or dining facility, the liability insurance described in Section 13 of this Sublease shall have no cleaningexpressly cover such use and occupancy and shall include Products and Completed Operations coverage, maintenance and if alcoholic beverages are served in, at or repair obligations related theretofrom the Dining Facilities, except said liability insurance shall also include coverage with respect to any potential liability of Landlord, Sublandlord, and Subtenant under any applicable Law. (f) In addition to the Dining Facilities, Subtenant may also install one (1) or more standard office pantry areas and vending machines in the Premises for use by Subtenant and Subtenant’s employees, agents, contractors and invitees. (g) Subtenant shall be responsible for complying with Landlord’s Dining rules and Fitness Center Obligations described in Section 4(aregulations regarding any possible odors, insects and vermin related to the food operations. (h) above; (v) Landlord’s approval of the design of the Dining Facilities may only be used by Tenantconditioned upon matters of concern to Landlord, its employees, agents such as removal of same and invitees restoration at the end of the term. (i) Landlord’s approval of the plans and shall not be open to the public; and (vi) Tenant shall maintain, at its cost, a service contract with a qualified and licensed firm specifications for the eradication and control buildout of insects, rodents, vermin and other pests in accordance with applicable Lawthe Dining Facility will also be subject to Landlord’s determination of whether there is a suitable location for Subtenant’s refrigerated food waste dumpster.