Exercise Facility. The County shall provide an exercise facility at the Main Jail, Elmwood/CCW. The County will allocate the rate of $3,000 per year effective June 11, 2001 and to increase the rate to $3,500 effective June 10, 2002, and to increase the rate to $5,000 per year effective February 3, 2014 and to increase the rate to $6,000 effective July 1, 2017 and to increase the rate to $7,500 effective June 14, 2021 for the purchase and maintenance of exercise equipment for these facilities. Funds and usage are subject to County audit. The Association agrees that all employees of the Sheriff's Office may use the exercise facilities.
Exercise Facility. The Building has an exercise center located on the lower level of the Building (the “Exercise Facility”), which shall be operated and maintained for the exclusive use of Landlord, its agents, employees or invitees and the office tenants of the Building, including Tenant and its employees; provided, however, that (i) Landlord shall not be required to provide an attendant for the Exercise Facility, and (ii) such use shall be at Tenant’s sole risk and Landlord assumes no liability therefor. Admission to the Exercise Facility will be obtained through the use of the Building access control system. Use of the Exercise Facility and the hours of operation thereof will be subject to such rules and regulations as Landlord or its agent may promulgate, and amend, from time to time. It is understood that no person shall be entitled to use the Exercise Facility until (a) such person has signed a waiver of liability to be prepared by Landlord or its agent, and (b) if Landlord charges a fee for the use of the Exercise Facility until such person has paid such fee, it being understood and agreed that Landlord shall not charge any fees for use of the Exercise Facility, other than for specialty services (e.g., personal training, massage and similar services). Notwithstanding anything contained herein to the contrary, all expenses of operating and maintaining the Exercise Facility (including, but not limited to, equipment leases) shall be included in Operating Expenses. Landlord reserves the right to change the location of the Exercise Facility to a space of comparable size with comparable equipment and features within the Building at any time and from time to time, provided that Landlord provides Tenant with prior written notice of such relocation and that Landlord promptly commences and diligently pursues the relocation.
Exercise Facility. By its execution of this Lease, Tenant acknowledges that ----------------- it is aware that the Building may contain an exercise facility. Tenant and its employees over the age of eighteen (18) years may reasonably use the exercise facility and its equipment; provided, however, that Tenant, its employees, agents, or invitees shall not use the exercise facility or its equipment unless he/she has signed a waiver and release in the form attached hereto as Exhibit E and made a part hereof, and the original of such executed waiver and release has been delivered to Landlord. In consideration for the right to use the exercise facility, Tenant agrees to faithfully enforce the provision of this Paragraph 37, and to indemnify and hold Landlord harmless from any claims or damages, including attorneys' fees, incurred as a result of the use of the exercise facility and its equipment pursuant to use by its employees, agents, or invitees in this Paragraph 37.
Exercise Facility. Landlord shall operate, or cause to be operated, throughout the Term of this Lease an exercise facility (which may or may not be staffed, at Landlord's sole election) for use by employees of all tenants of the Building containing exercise equipment, men's and women's showers and locker facilities. Notwithstanding the foregoing, such exercise facility shall be available for use on a temporary basis by visiting employees of Tenant's affiliates. Employees of Tenant and its affiliates shall not be separately charged for the use of such exercise facility. Such exercise facility shall be available for use by employees of Tenant and its affiliates during Normal Building Operating Hours, legal holidays excepted. As a condition to the use of such exercise facility, each employee shall be required to execute and deliver to the Building management office prior to the first such use the Metro Center Fitness Club Usage Agreement in the form attached hereto as Exhibit F.
Exercise Facility. Tenant shall have the nonexclusive right (at no ----------------- additional cost to Tenant other than its pro rata share of operating and maintenance expenses) to use the fitness center in the Building, subject to the reasonable rules and regulations promulgated from time to time by Landlord regarding such use. Such fitness center shall include one (1) weight machine, two (2) treadmills and two (2) Stairmasters or like kind equipment. Tenant acknowledges that there are risks associated with the use of such facilities and that Landlord makes no representations or warranties of any kind or nature regarding the Exercise Facility and that all use is at the sole risk of Tenant and that any claims arising from the Exercise Facility are specifically included in the indemnity set forth in Article 14 hereof.
Exercise Facility. Tenant will indemnify, defend and hold harmless Landlord from any claims or damages resulting from use of any exercise facilities in the Project by Tenant, Tenant's agents, employees or invitees. Tenant agrees to inform all employees of Tenant of the following: (i) the exercise facility is available for the use of tenants of the Project only and for no other person; (ii) use of the facility is at the risk of Tenant or Tenant's employees; (iii) the facility is unsupervised: and (iv) users of the facility must report any needed equipment maintenance or any unsafe conditions to the Landlord of which the user has actual knowledge. Landlord may provide such an exercise facility at Landlord's sole option and may discontinue providing such facility at any time without incurring any liability. Landlord agrees to provide such facility during the initial Term of this Lease unless circumstances arise that make the continued existence and/or operation of such facility in Landlord's judgment, either not prudent or economically feasible, in which event Landlord may discontinue such facility without incurring any liability. Landlord may discontinue such facility at its election for any reason following the expiration of the initial Term of the Lease without incurring any liability.
Exercise Facility. Section 2.B. (captioned “Exercise Facility”) of the Additional Provisions attached as Exhibit F to the Lease is hereby amended to provide that the Exercise Facility shall be for the exclusive use of Tenant and its on-site employees during such period as the Premises shall be comprised of at least 303,804 rentable square feet of space. In addition, notwithstanding anything to the contrary contained in said Section 2.B., Tenant acknowledges and agrees that if it shall desire any services to be provided to the Exercise Facility (e.g., towel services, exercise classes or programs), Tenant shall separately arrange and pay for such services, and such services and the providers thereof shall be subject to Landlord’s prior approval and the applicable rules and regulations of the Building, including vendor insurance requirements.
Exercise Facility. The Common Facilities currently include and exercise facility located in or near the Project, which is available for the non-exclusive use of Tenant’s employees, in common with others allowed by Landlord to use the exercise facility, subject to the terms and conditions herein provided. In no event shall such exercise facility be made available to the general public or be used as a “for profit” facility. All employees of Tenant desiring to use the exercise facility shall be required to execute and return to Landlord the reasonable waiver form required from time to time by Landlord and comply with all reasonable rules and regulations set forth by Landlord from time to time for such exercise facility including, without limitation, any card keys or other secured access. All costs and expenses of operating, repairing, maintaining, upkeep and replacing of the exercise facility and its equipment shall be included in the Common Facilities Charges including, without limitation, all costs of Landlord’s Insurance and other insurance, and personal property taxes and Taxes, provided such Charges are not excluded from the Common Facilities Charges pursuant to Section 7.2 (iii) through (xviii). Landlord shall be entitled to temporarily close the exercise facility for maintenance and other purposes, or eliminate the exercise facility at any time. Landlord shall not be liable for and Tenant hereby releases and covenants not to bring any actions against Landlord for any loss, damage or injury occurring in or about the exercise facility to Tenant, Tenant’s Agents or any other persons using the exercise facility, except by reason of negligence or willful misconduct of Landlord, its employee and agents.
Exercise Facility. By its execution of this Lease, Tenant acknowledges that it is aware that the Complex may contain an exercise facility in Landlord's sole election. Tenant and its employees over the age of eighteen (18) years may reasonably use the exercise facility and its equipment in accordance with the rules therefor established by Landlord; provided, however, that no person shall use the exercise facility or its equipment unless he/she has signed a waiver and release in the form attached hereto as Exhibit E and made a part hereof, and the original of such executed waiver and release has been delivered to Landlord. In consideration for the right to use the exercise facility, Tenant agrees to faithfully enforce the provision of this Paragraph 35, and to indemnify, defend and hold Landlord harmless from any claims or damages, including reasonable attorneys' fees, incurred as a result of the use of the exercise facility and its equipment including but not limited to any personal injury, pursuant to this Paragraph 35. Use of the exercise facility in violation of the provisions of this Paragraph 35 or any other unauthorized use of the exercise facility shall constitute a material breach of this Lease. The cost of operation of the exercise facility (including rent at the same per square foot rental rate as being paid by Tenant on area of the exercise facility) shall be included in the Operating Expenses described in Paragraph 3 above.
Exercise Facility. The number of exercise facility passes ----------------- available to Tenant as specified in Paragraph 1(o) of the Lease is hereby increased to a total of 15 passes.
