Common use of FITNESS FACILITY Clause in Contracts

FITNESS FACILITY. Landlord will construct, at Landlord's expense (including, but not limited to, the construction costs of the initial buildout), a fitness center in the 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 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 Fitness Facility until (a) such person has signed a waiver to be prepared by Landlord, and (b) if Landlord charges a fee for the use of the Fitness Facility, until such person has paid such fee; it being understood and agreed that Landlord shall not charge any fees for use of the Fitness Facility, other than for specialty services. The Fitness Facility 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 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). Any fees charged by Landlord for use of the 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. Tenant agrees to indemnify and hold harmless Landlord for any 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 apply to any such injury that results from Landlord's, its agents', employees' or contractors' failure to properly maintain the 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 Fitness Facility 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 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 such relocation thereof by Landlord.

FITNESS FACILITY. Landlord will construct, at Landlord's expense (including, but not limited to, the construction costs of the initial buildout), a fitness center in the Building not exceeding 3,000 rentable square feet and of not less than 2,400 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 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 Fitness Facility until (a) such person has signed a waiver to be prepared by Landlord, and (b) if Landlord charges a fee for the use of the Fitness Facility, until such person has paid such fee; it being understood and agreed that Landlord shall not charge any fees for use of the Fitness Facility, other than for specialty services. The Fitness Facility 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 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 leasesleases 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). Any fees charged by Landlord for use of the 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, in a form provided by Landlord, Tenant agrees to indemnify and hold harmless Landlord for any 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 apply to any such injury that results from Landlord's, its agents', employees' or contractors' failure to properly maintain the 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 Fitness Facility 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 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 such relocation thereof by Landlord.

FITNESS FACILITY. 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 will construct, at Landlord's expense in the Complex (including, but not limited to, the construction costs of the initial buildout“Fitness Facility”), a which shall be commensurate in size and offerings (including as set forth herein), with other fitness center facilities in Comparable Buildings in the Building not exceeding 3,000 rentable square feet and of not less than 2,400 rentable square feet (the "Fitness Facility")Rosslyn area. 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 Tenant, and its and their employees; provided, howeverwithout cost or expense to such users (except for special services, that (i) Landlord shall not be required to provide an attendant for the Fitness Facilitysuch as provisions of lockers, personal training, and (ii) such use shall be at Tenant's sole risk and Landlord assumes no liability thereforother special services). Admission to the Fitness Facility will be obtained through the use of the Building security systemaccess 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, and amend, from time to time, provided that the 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 no person shall be entitled to use the Fitness Facility until (a) such person has signed a waiver to be prepared by Landlord, Landlord and reasonably acceptable to Tenant (b) if Landlord charges a fee such approval right by Tenant being applicable in the case of Tenant’s employees only). There shall be no charge or fees for the use of the Fitness Facility, until such person has paid such fee; it being understood and agreed that Landlord shall not charge any fees for use of the Fitness Facility, other than for specialty servicesservices separately hired and paid by individual users (e.g., for personal training and massages). The Fitness Facility shall contain separate men's ’s and women's ’s locker rooms rooms, each containing no not less than two (2) shower stallsstalls (as well as sinks and toilets), which will be kept clean and tidy throughout each day of the 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). Any fees charged operational by Landlord for use during the hours of operation of the Fitness Facility, other than specialty fees for specific services (which will be applied to in a manner consistent with the cost standards of such specific services) a first-class fitness facility. Landlord shall be an offset against Operating Expenses. Tenant agrees to indemnify and hold harmless Landlord for any 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 cause the Fitness Facility irrespective and all equipment and improvements therein to be operated and maintained in accordance with the standards of whether such person is authorized to use a first-class fitness facility. Costs for initial construction of the Fitness Facility shall not be included in Operating Expenses, but costs of equipment leases may be included in Operating Expenses so long as they are included in the Base Year Costs. Costs for maintenance, stocking, and operation of the Fitness Facility; provided, howeverincluding utilities, that equipment maintenance contracts, equipment leases, and towel service, shall be included in Operating Expenses to the foregoing extent permitted by Section 2.2 of this Lease (and such costs shall not apply to any such injury that results from Landlord's, its agents', employees' or contractors' failure to properly maintain 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 the equipment installed therein or from the negligence or willful misconduct of Landlord or its agents, employees or contractorsthird party management companies will not be included in Operating Expenses. Landlord reserves the right to change the location (but not the maximum or minimum size) of the Fitness Facility within the Building at any time and from time to time; time at Landlord’s sole cost and expense (i.e., such relocation costs shall not be includable in Operating Expenses), provided that (i) the size and amenities of the 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 that (iii) Landlord promptly commences and diligently pursues to completion such relocation relocation, such that the Fitness Facility shall not be out of operation for more than twenty (20) days as the result of any such relocation thereof by Landlord. 24.2 Landlord shall complete construction of the Fitness Facility and cause it to open for general use by Building tenants (including Tenant) and its and their employees, fully fixtured and stocked, not later than nine (9) months after the Rent Start Date (the “Outside Fitness Date”). If Landlord fails to complete construction of the Fitness Facility and cause it to open as required hereby, on or before the Outside Fitness Date, then Landlord shall pay a per diem late fee to Tenant in the amount of One Hundred Seventy-Five Dollars ($175.00) per day for each day after the Outside Fitness Date that the Fitness Facility is not completed and opened and accruing daily until the date the Fitness Facility has opened in the manner required hereby. The foregoing late fee shall not be applicable to delays caused by Tenant or delays due to matters of force majeure. The aforesaid late fee shall be credited against Tenant’s monthly Base Annual Rent and Additional Rent payments due and owing, and Tenant shall be entitled to deduct such amounts owed from such rent payments until the late fee obligation is satisfied.