Exercise Room. The exercise room on the first floor of the Building is provided as an amenity for tenants of the Building and is for use only by Tenant, its employees and the employees of other tenants in the Building. The exercise room shall be open for use on weekdays only during the hours posted. Access shall be provided through the use of a pass key which Landlord shall make available only to eligible users of the exercise room. Eligible users of the exercise room will receive a pass key only upon submission to Landlord of a properly executed waiver of responsibility (more fully described below). Tenant shall be responsible for ensuring that all exercise room pass keys are returned to Landlord upon expiration of the Lease. Landlord shall have no obligation to continue to operate the exercise room, and may terminate such operation at any time without notice to Tenant. Landlord shall provide cleaning and janitorial services for the exercise and locker rooms and shall maintain the equipment in accordance with the manufacturer's specifications. Landlord shall not provide an attendant in the exercise room, instruction in the use of equipment, nor shall Landlord be responsible for screening of users to ascertain their health, physical fitness or ability to use the equipment, and Tenant shall so advise any of its employees prior to their use of the exercise room. Landlord shall post rules and regulations in the exercise room but shall not be responsible for their enforcement. Tenant hereby waives any claim against Landlord for injury caused by its use of the exercise room and equipment, and agrees to have executed by all persons prior to making use of the exercise room such waivers of responsibility as Landlord may require from time to time. Tenant acknowledges that a properly executed waiver of responsibility in the form promulgated by Landlord from time to time must be submitted to Landlord by each eligible user of the exercise room prior to that user receiving a pass key. Tenant agrees to indemnify and hold Landlord harmless from and against any and all claims, loss, liability and expense (including reasonable attorneys' fees) arising from injury to any persons gaining access to the exercise room through Tenant resulting from such person's use of the exercise room.
Appears in 1 contract
Sources: Lease Agreement (Moldflow Corp)
Exercise Room. The Landlord may, from time to time in its sole discretion, maintain an exercise room on at the first floor of Premises (the Building is provided as an amenity for tenants of the Building and is "Exercise Room") for use only by Tenant, its employees and authorized guests.
(a) Landlord shall have the right to relocate, eliminate or otherwise restrict the use of the Exercise Room by adopting rules and regulations for its use and/or by restricting the use of the Exercise Room to Tenants, their employees and authorized guests.
(b) Responsibility for proper use of other tenants the Exercise Room and the equipment located therein by Tenant, its employees and authorized guests shall be borne solely by the Tenant. Tenant agrees and acknowledges that Landlord shall provide no supervision of Tenant's, its employees' or authorized guests' use of the Exercise Room.
(c) All equipment which may be placed in the Building. The exercise room shall be open for use on weekdays only during kept in good operating condition by Landlord. In the hours posted. Access shall be provided through event that Tenant becomes aware of any problem with the use of a pass key which Landlord shall make available only to eligible users of equipment or any other unsafe condition in the exercise room. Eligible users of the exercise room will receive a pass key only upon submission to Landlord of a properly executed waiver of responsibility (more fully described below). Exercise Room, Tenant shall be responsible for ensuring that all exercise room pass keys are returned immediately notify Landlord in writing of such condition.
(d) Prior to Landlord upon expiration of using the Lease. Landlord shall have no obligation to continue to operate the exercise roomExercise Room, Tenant and may terminate such operation at any time without notice to Tenant. Landlord shall provide cleaning and janitorial services for the exercise and locker rooms and shall maintain the equipment in accordance with the manufacturer's specifications. Landlord shall not provide an attendant in the exercise room, instruction in the use of equipment, nor shall Landlord be responsible for screening of users to ascertain their health, physical fitness or ability to use the equipment, and Tenant shall so advise any each of its employees and authorized guests shall sign and deliver to Landlord this release form, Exhibit H attached hereto and incorporated herein by this reference. It shall be Tenant's responsibility to obtain releases from its employees and/or authorized guests prior to their use of the exercise room. Landlord shall post rules and regulations in the exercise room but shall not be responsible for their enforcement. Tenant hereby waives any claim against Landlord for injury caused by its use of the exercise room and equipmentExercise Room, and agrees to have executed by all persons prior to making use of the exercise room such waivers of responsibility as Landlord may require from time to time. Tenant acknowledges that a properly executed waiver of responsibility in the form promulgated by Landlord from time to time must be submitted to Landlord by each eligible user of the exercise room prior to that user receiving a pass key. Tenant agrees to indemnify shall indemnify, defend and hold Landlord harmless from and against any and all claims, lossrights, liability demands, liabilities, actions, causes of action, costs and expense expenses (including reasonable attorneys' fees) arising from injury to any persons gaining access to ), which may arise as a result of or in connection with the exercise room through Tenant resulting from such person's use of the exercise roomExercise Room by Tenant, its employees or authorized guests, whether or not such persons have executed proper releases prior to using the Exercise Room.
Appears in 1 contract
Sources: Lease Agreement (Equidyne Corp)