Common use of Fitness Facility Clause in Contracts

Fitness Facility. In furtherance of the provisions of Section 2.1(c), above, the parties agree that for so long as Landlord continues to operate a fitness facility within the Project (the "Fitness Facility"), Tenant's employees shall be entitled to use the same. In this regard, the parties acknowledge and agree that: (i) Landlord is under no obligation to staff the Fitness Facility and, accordingly, Tenant's employees shall use the Fitness Facility at their sole risk; (ii) Landlord may require that Tenant procure certain insurance coverage prior to the use of the Fitness Facility by any of Tenant's employees; (iii) Landlord may require Tenant's employees to participate in an orientation program prior to using the Fitness Facility and to sign waivers for the same (a copy of the waiver form currently in use is attached to this Lease as Schedule B); and (iv) Landlord may restrict the number of Tenant's employees that may use the Fitness Facility, which number shall be based proportionately on the total square feet of Premises occupied by Tenant. Landlord reserves the right to impose a membership fee for the use of the Fitness Facility (although no such fee is currently being charged); however, in such event, for each Lease Year in which such a fee is charged, the "Costs Base Year" shall be deemed increased by the amount paid by Tenant and/or its employees to Landlord on account of the use of the Fitness Facility during such Lease Year (the "Tenant's Membership Payments"). To the extent that Tenant's Operating Cost Charge for any Lease Year is not reduced by the full amount of the Tenant's Membership Payments made in such Lease Year, any unused portion shall accrue and be added to the Costs Base Year for the following Lease Year until the same is fully utilized.

Fitness Facility. In furtherance Landlord will construct, at Landlord's expense (including, but not limited to, the construction costs of the provisions of Section 2.1(cinitial buildout), above, the parties agree that for so long as Landlord continues to operate a fitness facility within center in the Project Building not exceeding 3,000 rentable square feet and of not less than approximately 2,000 rentable square feet (the "Fitness Facility"). The Fitness Facility 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 Fitness Facility, and (ii) such use shall be at Tenant's employees sole risk and Landlord assumes no liability therefor. Admission to the Fitness Facility will be obtained through the use of the Building security system. Use of the Fitness Facility and the hours of operation thereof will be subject to such rules and regulations that Landlord or its agent may promulgate, and amend, from time to time. It is understood that no person shall be entitled to use the same. In this regard, the parties acknowledge and agree that: (i) Landlord is under no obligation to staff the Fitness Facility anduntil (a) such person has signed a waiver to be prepared by Landlord, accordingly, Tenant's employees shall use the Fitness Facility at their sole risk; (ii) Landlord may require that Tenant procure certain insurance coverage prior to the use of the Fitness Facility by any of Tenant's employees; (iii) Landlord may require Tenant's employees to participate in an orientation program prior to using the Fitness Facility and to sign waivers for the same (a copy of the waiver form currently in use is attached to this Lease as Schedule B); and (ivb) if Landlord may restrict the number of Tenant's employees that may use the Fitness Facility, which number shall be based proportionately on the total square feet of Premises occupied by Tenant. Landlord reserves the right to impose charges a membership fee for the use of the Fitness Facility (although no Facility, until such fee is currently person has paid such fee; it being charged); however, in such event, understood and agreed that Landlord shall not charge any fees for each Lease Year in which such a fee is charged, the "Costs Base Year" shall be deemed increased by the amount paid by Tenant and/or its employees to Landlord on account of the use of the Fitness Facility, other than for specialty services. The Fitness Facility during such Lease Year shall contain separate men's and women's locker rooms each containing no less than two (2) shower stalls, which will be kept clean and tidy throughout each day of the "Tenant's Membership Payments"week. Cleaning will be extended to weekends and Holidays if permitted use warrants. All out-of-pocket expenses of operating the Fitness Facility (including, but not limited to, equipment leases but excluding any rental payments for the premises occupied by the Fitness Facility) other than the initial construction and the initial equipment installed therein shall be includable in Operating Expenses (it being agreed that all equipment installed in the Fitness Facility shall be leased and not purchased by Landlord). To Any fees charged by Landlord for use of the extent Fitness Facility, other than specialty fees for specific services (which will be applied to the cost of such specific services) shall be an offset against Operating Expenses. Provided that this indemnity shall not apply as to any such employee, agent or invitee as to whom Tenant has delivered to Landlord a release and waiver of claims and liabilities in favor of Landlord and executed by such employee, agent or invitee and by Tenant's Operating Cost Charge , in a form provided by Landlord, Tenant agrees to indemnify and hold harmless Landlord for any Lease Year loss, liability or other cost (including, but not limited to, reasonable attorneys' fees) Landlord may suffer arising out of any injury to any employee, agent or invitee of Tenant in the Fitness Facility irrespective of whether such person is authorized to use the Fitness Facility; provided, however, that the foregoing shall not reduced by apply to any such injury that results from Landlord's, its agents', employees' or contractors' failure to properly maintain the full amount Fitness Facility or the equipment installed therein or from the negligence or willful misconduct of Landlord or its agents, employees or contractors. Landlord reserves the right to change the location (but not the maximum or minimum size) of the Tenant's Membership Payments made in Fitness Facility within the Building at any time and from time to time; provided that Landlord provides Tenant with prior written notice of such Lease Yearrelocation, and that Landlord promptly commences and diligently pursues to completion such relocation such that the Fitness Facility shall not be out of operation for more than twenty (20) days as the result of any unused portion shall accrue and be added to the Costs Base Year for the following Lease Year until the same is fully utilizedsuch relocation thereof by Landlord.

Fitness Facility. In furtherance 24.1 An exercise center, which shall include exercise equipment, separate men’s and women’s showers and towel service, shall be provided by Landlord in the Complex (the “Fitness Facility”), which shall be commensurate in size and offerings (including as set forth herein), with other fitness facilities in Comparable Buildings in the Rosslyn area. The Fitness Facility shall be operated and maintained for the exclusive use of the office tenants of the Building, including Tenant, and its and their employees, without cost or expense to such users (except for special services, such as provisions of Section 2.1(clockers, personal training, and other special services). Admission to the Fitness Facility will be obtained through the use of the access control system for the Building. Use of the Fitness Facility and the hours of operation thereof will be subject to such reasonable rules and regulations that Landlord or its agent may promulgate, aboveand amend, from time to time, provided that the parties agree Fitness Facility shall be open during hours commensurate with other fitness facilities in first-class office buildings in the Rosslyn area. It is understood that for so long as Landlord continues to operate a fitness facility within the Project (the "Fitness Facility"), Tenant's employees no person shall be entitled to use the same. In this regard, the parties acknowledge and agree that: (i) Landlord is under no obligation to staff the Fitness Facility and, accordingly, until such person has signed a waiver to be prepared by Landlord and reasonably acceptable to Tenant (such approval right by Tenant being applicable in the case of Tenant's ’s employees only). There shall use the Fitness Facility at their sole risk; (ii) Landlord may require that Tenant procure certain insurance coverage prior to be no charge or fees for the use of the Fitness Facility, other than for specialty services separately hired and paid by individual users (e.g., for personal training and massages). The Fitness Facility shall contain separate men’s and women’s locker rooms, each containing not less than two (2) shower stalls (as well as sinks and toilets), which will be kept clean and operational by any Landlord during the hours of Tenant's employees; (iii) operation of the Fitness Facility, in a manner consistent with the standards of a first-class fitness facility. Landlord may require Tenant's employees to participate in an orientation program prior to using shall cause the Fitness Facility and all equipment and improvements therein to sign waivers be operated and maintained in accordance with the standards of a first-class fitness facility. Costs for the same (a copy initial construction of the waiver form currently Fitness Facility shall not be included in use is attached to this Lease Operating Expenses, but costs of equipment leases may be included in Operating Expenses so long as Schedule B); they are included in the Base Year Costs. Costs for maintenance, stocking, and (iv) Landlord may restrict the number operation of Tenant's employees that may use the Fitness Facility, which number including utilities, equipment maintenance contracts, equipment leases, and towel service, shall be based proportionately on included in Operating Expenses to the total square feet extent permitted by Section 2.2 of Premises occupied by Tenantthis Lease (and such costs shall be grossed up in the Base Year as if the Fitness Facility were fully stocked, fixture and operational for the entire Base Year), but costs for trainers or third party management companies will not be included in Operating Expenses. Landlord reserves the right to impose a membership fee for change the use location of the Fitness Facility within the Building at any time and from time to time at Landlord’s sole cost and expense (although no i.e., such fee is currently being chargedrelocation costs shall not be includable in Operating Expenses); however, in such event, for each Lease Year in which such a fee is charged, provided that (i) the "Costs Base Year" shall be deemed increased by the amount paid by Tenant and/or its employees to Landlord on account size and amenities of the use relocated Fitness Facility are substantially similar to the size and amenities of the initial Fitness Facility, (ii) Landlord provides Tenant with at least sixty (60) days’ prior written notice of such relocation, and (iii) Landlord promptly commences and diligently pursues to completion such relocation, such that the Fitness Facility during shall not be out of operation for more than twenty (20) days as the result of any such Lease Year (the "Tenant's Membership Payments"). To the extent that Tenant's Operating Cost Charge for any Lease Year is not reduced relocation thereof by the full amount of the Tenant's Membership Payments made in such Lease Year, any unused portion shall accrue and be added to the Costs Base Year for the following Lease Year until the same is fully utilizedLandlord.

Fitness Facility. In furtherance Landlord will construct, at Landlord's expense (including, but not limited to, the construction costs of the provisions of Section 2.1(cinitial buildout), above, the parties agree that for so long as Landlord continues to operate a fitness facility within center in the Project Building not exceeding 3,000 rentable square feet and of not less than 2,400 rentable square feet (the "Fitness Facility"). The Fitness Facility 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 Fitness Facility, and (ii) such use shall be at Tenant's employees sole risk and Landlord assumes no liability therefor. Admission to the Fitness Facility will be obtained through the use of the Building security system. Use of the Fitness Facility and the hours of operation thereof will be subject to such rules and regulations that Landlord or its agent may promulgate, and amend, from time to time. It is understood that no person shall be entitled to use the same. In this regard, the parties acknowledge and agree that: (i) Landlord is under no obligation to staff the Fitness Facility anduntil (a) such person has signed a waiver to be prepared by Landlord, accordingly, Tenant's employees shall use the Fitness Facility at their sole risk; (ii) Landlord may require that Tenant procure certain insurance coverage prior to the use of the Fitness Facility by any of Tenant's employees; (iii) Landlord may require Tenant's employees to participate in an orientation program prior to using the Fitness Facility and to sign waivers for the same (a copy of the waiver form currently in use is attached to this Lease as Schedule B); and (ivb) if Landlord may restrict the number of Tenant's employees that may use the Fitness Facility, which number shall be based proportionately on the total square feet of Premises occupied by Tenant. Landlord reserves the right to impose charges a membership fee for the use of the Fitness Facility (although no Facility, until such fee is currently person has paid such fee; it being charged); however, in such event, understood and agreed that Landlord shall not charge any fees for each Lease Year in which such a fee is charged, the "Costs Base Year" shall be deemed increased by the amount paid by Tenant and/or its employees to Landlord on account of the use of the Fitness Facility, other than for specialty services. The Fitness Facility during such Lease Year shall contain separate men's and women's locker rooms each containing no less than two (2) shower stalls, which will be kept clean and tidy throughout each day of the "Tenant's Membership Payments"week. Cleaning will be extended to weekends and Holidays if permitted use warrants. All expenses of operating the Fitness Facility (including, but not limited to, equipment leases) other than the initial construction and the initial equipment installed therein shall be includable in Operating Expenses (it being agreed that all equipment installed in the Fitness Facility shall be leased and not purchased by Landlord). To Any fees charged by Landlord for use of the extent that Tenant's Fitness Facility, other than specialty fees for specific services (which will be applied to the cost of such specific services) shall be an offset against Operating Cost Charge Expenses. Tenant agrees to indemnify and hold harmless Landlord for any Lease Year loss, liability or other cost (including, but not limited to, reasonable attorneys' fees) Landlord may suffer arising out of any injury to any employee, agent or invitee of Tenant in the Fitness Facility irrespective of whether such person is authorized to use the Fitness Facility; provided, however, that the foregoing shall not reduced by apply to any such injury that results from Landlord's, its agents', employees' or contractors' failure to properly maintain the full amount Fitness Facility or the equipment installed therein or from the negligence or willful misconduct of Landlord or its agents, employees or contractors. Landlord reserves the right to change the location (but not the maximum or minimum size) of the Tenant's Membership Payments made in Fitness Facility within the Building at any time and from time to time; provided that Landlord provides Tenant with prior written notice of such Lease Yearrelocation, and that Landlord promptly commences and diligently pursues to completion such relocation such that the Fitness Facility shall not be out of operation for more than twenty (20) days as the result of any unused portion shall accrue and be added to the Costs Base Year for the following Lease Year until the same is fully utilizedsuch relocation thereof by Landlord.