Common use of Outdoor Space Clause in Contracts

Outdoor Space. So long as Tenant strictly complies with the provisions of this Section 3.06 and the City of Chicago (“City”) approves same, Tenant shall have the right to use that part of the roof of the Building that is accessible through the Premises (the “Roof Space”) as an outdoor terrace. In the event Tenant desires to use the Roof Space as an outdoor terrace, Tenant, at its sole cost and expense, shall perform any and all work necessary for said use (the “Roof Work”); provided that before beginning any work on the Roof Space, Tenant shall have plans and specifications of the Roof Work (the “Roof Plans”) prepared by an Illinois licensed architect and submit same to the Landlord for its review and approval, which approval shall not be unreasonably withheld or delayed. If Landlord believes it is necessary for a structural engineer to review the Roof Plans, Landlord shall have the right to do so, at Tenant's cost. Upon Landlord's approval of the Roof Plans, Tenant shall have the right to perform the Roof Worksubject to the following: (i) Tenant shall obtain a building permit for the Roof Work from the City, (ii) the Roof Work shall be performed in a good and ▇▇▇▇▇▇▇ like manner and in accordance with all applicable laws, including the Americans with Disabilities Act, (iii) during the performance of the Roof Work, Tenant shall access the Roof Space from the Premises and shall conduct all staging in the Premises, (iv) Tenant shall not erect any improvements on the Roof Space that are inconsistent with its use as an outdoor terrace, and (v) the performance of the Roof Work shall not interfere with the business of any other tenant in the Building. Once constructed, Tenant shall use the Roof Space subject to the following: (a) Tenant shall furnish Landlord copies of all City permits and licenses, if any, with regard to its use, (b) Tenant shall not allow the floor load of the Roof Space to exceed the recommendations of Landlord's structural engineer, and (c) Tenant shall comply with all requirements of any ordinance or regulation of the City or license or permit granted. Tenant's right to use the Roof Space is not transferable or assignable and the Roof Space may be used only so long as one hundred percent (100%) of the Premises are occupied by Centro, Inc., or Centro, Inc. 's successor or assign pursuant to a Permitted Transfer inasmuch as the right to use the Roof Space is intended only for the benefit of Centro, Inc., or Centro, Inc.’s successor or assigned pursuant to a Permitted Transfer. Landlord shall have no liability to Tenant if is not able to use the Roof Space for any reason other than the Landlord's willful misconduct. Landlord reserves the right to require Tenant, upon at lease forty-eight 48 hours written or oral notice, to discontinue use of the Roof Space due to maintenance and repair of the Building or Center, including without limitation, repairs, cleaning and window washing in areas adjacent to or above the Roof Space. No advance notice shall be required in an emergency. From and after the date Tenant begins performing the Roof Work, and notwithstanding anything to the contrary contained in this Lease, Tenant at its sole cost and expense, shall maintain, repair and if necessary, replace (a) any and all terrace improvements erected on the Roof Space, (b) the roof and roof membrane of that part of the Building on which the Roof Space is located and (c) any other improvements erect on the Roof Space. In the event Tenant fails to comply with this repair obligation, Landlord shall have the right, after the expiration of any applicable notice and cure period provided in this Lease, to perform said repair or rep! replacement and charge the Tenant for same, plus a 10% administrative fee, which amount shall be deemed Additional Rent hereunder.

Outdoor Space. (a) So long as (i) Tenant strictly complies operates a permitted child care facility in the Premises in accordance with Section 2.03(iii) above, (ii) this Lease is in full force and effect, (iii) Charles Schwab & Co., Inc. or a permitted assignee under Section 8.0▇ ▇▇ ▇▇ ▇▇▇▇▇▇ate thereof is the provisions of Tenant and (iv) the license granted under this Section 3.06 and the City of Chicago (“City”) approves same2.08 shall not have been terminated in accordance herewith, Tenant shall have a license to exclusively use the right to use that part portion of the roof Property substantially as shown hatched on Schedule L attached hereto in accordance with the terms of this Section 2.08 (the "Outdoor Child Care Space") during the Term of this Lease (subject to termination of this license in accordance with Section 2.08(n) below). (b) The Outdoor Child Care Space shall be used by Tenant solely as outdoor space ancillary to the operation of the Building that is accessible through approved child care facility in the Premises in accordance with Section 2.03(iii) above. (c) The Outdoor Child Care Space shall be delivered to Tenant in its "as is" condition as required by the “Roof Space”Preliminary Site Plan for the Property as approved (and as may be further amended in accordance with the other provisions of the Lease) by the Planning Board of the City of Jersey City as an outdoor terraceshown on Schedule L attached hereto and Landlord shall have no obligation to perform any other work thereto. (d) Tenant shall not perform any Alterations to the Outdoor Child Care Space without Landlord's prior good faith consent. In Tenant shall perform Alterations to the event Outdoor Child Care Space reasonably required by Landlord to maintain the first-class nature of the Property. (e) Tenant desires to use the Roof Space as an outdoor terrace, Tenantshall, at its sole cost and expense, maintain, repair and keep the Outdoor Child Care Space in good order and condition. (f) Tenant shall perform comply with all Laws of any and Governmental Authority attributable to any work, installation, occupancy, use or manner of use by Tenant of the Outdoor Child Care Space, including without limitation, all work necessary for said use Laws requiring Alterations to the Outdoor Child Care Space. (g) Upon the “Roof Work”expiration or earlier termination of the Term (or such earlier date on which Tenant's license hereunder shall terminate); provided that before beginning any work on the Roof Space, Tenant shall have plans surrender the Outdoor Child Care Space to Landlord with all personal property and specifications Alterations removed and otherwise in a condition consistent with the landscaping and other Common Areas of the Roof Work Property consistent with Landlord's original site plan therefor (unless Landlord elects in its sole discretion to have Tenant leave any such personal property or Alterations in place, in which case the “Roof Plans”same shall become Landlord's property). (h) prepared by Landlord reserves the right, at any time, to make reasonable changes in, to or under the Outdoor Child Care Space as Landlord may deem necessary or desirable and Landlord shall have no liability to Tenant therefor. Landlord shall give Tenant not less than thirty (30) days prior notice of any such changes (except in an Illinois licensed architect and submit same to the Landlord for its review and approvalemergency, in which approval case no notice shall not be unreasonably withheld or delayedrequired). If Landlord believes it is necessary for a structural engineer to review the Roof Plans, Landlord shall have the right upon reasonable advance notice to do soTenant (except in an emergency) to enter the Outdoor Child Care Space to inspect or perform any such changes or for any other purpose as Landlord may deem necessary or desirable. In exercising its rights under this clause (h), at Landlord shall use reasonable efforts to minimize any interference with Tenant's cost. Upon Landlord's approval use of the Roof PlansOutdoor Child Care Space. Tenant acknowledges that during any such access Landlord may prohibit Tenant's use of the Outdoor Child Care Space for a reasonable period of time without liability to Tenant. (i) Landlord shall have no obligation to perform any services with respect to the Outdoor Child Care Space. (j) Tenant shall have no obligation to pay any Fixed Rent with respect to the Outdoor Child Care Space, but Tenant shall pay all Taxes on the land on which the Outdoor Child Care Space is located and any improvements thereon made by or on behalf of Tenant. Such Taxes shall be paid by Tenant within thirty (30) days after demand in the same manner as Tenant's Tax Payment. (k) Tenant shall maintain such additional insurance with respect to the Outdoor Child Care Space as Landlord may reasonably require. Such insurance shall name Landlord as an additional insured and shall otherwise comply with Article 10. (l) The Outdoor Child Care Space shall not constitute part of the Premises. (m) Tenant shall not assign or transfer Tenant's rights or delegate Tenant's duties under this Section 2.08 (whether by operation of law, transfer of interest in Licensee or otherwise), except in connection with an assignment of the Lease in accordance with Section 8.02 hereof. Any transfer contrary to the provisions of this Section 2.08 shall be void. Notwithstanding the foregoing, Tenant shall have the right to require the operator of the child care facility to perform certain obligations of Tenant under this Lease in respect of the Roof Worksubject child care facility and Outdoor Child Care Space, provided however, that Tenant shall remain fully and primarily and jointly and severally liable for the performance and observance of all of the covenants, agreements, terms, provisions and conditions of this Lease with respect to the following: child care facility and the Outdoor Child Care Space. (in) Tenant The license granted under this Section 2.08 shall obtain a building permit for the Roof Work from the City, (ii) the Roof Work shall be performed in a good and ▇▇▇▇▇▇▇ like manner and in accordance with all applicable laws, including the Americans with Disabilities Act, (iii) during the performance of the Roof Work, Tenant shall access the Roof Space from the Premises and shall conduct all staging in the Premises, (iv) Tenant shall not erect any improvements commence on the Roof Space that are inconsistent with its use as an outdoor terrace, and Commencement Date (v) the performance of the Roof Work shall not interfere with the business of any other tenant in the Building. Once constructed, Tenant shall use the Roof Space subject to the following: (a) Tenant shall furnish Landlord copies of all City permits and licenses, if any, with regard to its use, (b) Tenant shall not allow the floor load of the Roof Space to exceed the recommendations of Landlord's structural engineer, and (c) Tenant shall comply with all requirements of any ordinance or regulation of the City or license or permit granted. Tenant's right to use the Roof Space is not transferable or assignable and the Roof Space may be used only so long as one hundred percent (100%the conditions specified in Section 2.08(a) are satisfied) and shall automatically terminate upon any of the Premises are occupied by Centro, Inc., or Centro, Inc. 's successor or assign pursuant conditions specified in Section 2.08(a) above no longer being satisfied. In addition to a Permitted Transfer inasmuch as the right to use the Roof Space is intended only for the benefit of Centro, Inc., or Centro, Inc.’s successor or assigned pursuant to a Permitted Transfer. Landlord shall have no liability to Tenant if is not able to use the Roof Space for any reason other than the Landlord's willful misconduct. Landlord reserves the right to require Tenant, upon at lease forty-eight 48 hours written or oral notice, to discontinue use of the Roof Space due to maintenance and repair of the Building or Center, including without limitation, repairs, cleaning and window washing in areas adjacent to or above the Roof Space. No advance notice shall be required in an emergency. From and after the date Tenant begins performing the Roof Work, and notwithstanding anything to the contrary contained in this Lease, Tenant at its sole cost and expense, shall maintain, repair and if necessary, replace (a) any and all terrace improvements erected on the Roof Spaceother rights or remedies provided in this Lease or which Landlord may have at law, (b) the roof and roof membrane of that part of the Building on which the Roof Space is located and (c) any other improvements erect on the Roof Space. In in equity, or otherwise, in the event that Tenant fails shall fail to comply with any obligations imposed upon Tenant under this repair obligationSection 2.08, Landlord shall have the right, after the expiration 30 days' notice to Tenant of any applicable notice such non-compliance and Tenant's failure to remedy the same within such period (or if such non-compliance cannot be remedied with such 30-day period, Tenant's failure to promptly commence within such period and diligently prosecute such cure period provided in this Leaseto completion), to perform said repair or rep! replacement terminate this license on the date specified by Landlord in such notice. (o) This Section 2.08 is not to be construed as in any way granting to Tenant any interest in the Outdoor Child Care Space; it being intended that this Section 2.08 merely grants to Tenant the license to use the Outdoor Child Care Space in accordance with the terms hereof and charge the Tenant for same, plus a 10% administrative fee, which amount shall not be deemed Additional Rent hereunderto grant to Tenant a leasehold or other real property interest.