Patio Area. Subject to the terms of this Lease, and all applicable Laws, Tenant shall have the right to use, on an exclusive basis, that certain area of the Project located immediately adjacent to the Premises, depicted on Exhibit A attached hereto, consisting of approximately 287 square feet of space (the “Patio Area”) for purposes consistent with the Permitted Use of the Premises set forth in Section 1.15 of the Summary. The Patio Area shall not be included in the Rentable Square Feet of the Premises for purposes of this Lease. Tenant shall pay Landlord as consideration for the use and enjoyment of the Patio Area “Additional Rent”, as that term is defined in Section 5.2 of this Lease, below, at the same time, and in the same manner as “Basic Rent”, as that term is defined in Section 5.1 of this Lease. Months of Term Monthly Basic Rental Rate ($/RSF/mo) Monthly Basic Rent ($/mo) Annual Basic Rent ($/yr) 1 – 12 $2.10 $602.70 $7,232.40 13 – 24 $2.17 $623.79 $7,485.53 25 – 36 $2.25 $645.63 $7,747.53 37 – 48 $2.33 $668.22 $8,018.69 No alcohol or smoking shall be permitted in the Patio Area. Tenant’s use of the Patio Area shall be subject to such commercially reasonable, non-discriminatory additional rules, regulations and restrictions as Landlord may make from time to time concerning the Patio Area, which have been provided to Tenant in writing. Tenant shall at all times maintain and operate the Patio Area for such purpose in a first-class manner consistent with the first-class nature of the Project, and in such a fashion so as not to unreasonably disturb other tenants or occupants of the Project; and if such operation by Tenant causes any such unreasonable disturbance or any nuisance, Landlord may require Tenant to immediately cease any operations from or use of the Patio Area. Tenant shall be responsible for and shall obtain, at Tenant’s cost, all necessary governmental permits and approvals with respect to Tenant’s use and operation of the Patio Area, if any, and shall comply with all applicable laws with respect to the Patio Area. Landlord makes no representation that Tenant shall be able to obtain such necessary permits and approvals or that Tenant’s use of the Patio Area is permitted by applicable laws. Tenant’s plans for the utilization of the Patio Area (including, without limitation, plans for the type and location of tables, chairs and other furniture to be used by Tenant therein) shall be submitted to Landlord for Landlord’s approval prior to any such use of t...
Patio Area. Subject to the terms and conditions contained in this Section 1.1.2 and elsewhere in this Lease, commencing as of the Lease Commencement Date, Tenant shall have an exclusive license during the Lease Term to use that certain patio area adjacent to and accessible from the Premises as more particularly shown on Exhibit A-2 attached hereto (the "Patio Area"). Tenant shall accept the Patio Area in its "as-is" condition, and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Patio Area (other than the Landlord Work [as defined in the Work Letter attached hereto as Exhibit B]). Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Patio Area or the compliance of the Patio Area with any Applicable Laws, statutes, ordinances or other governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shall have no right to alter, change or make improvements to the Patio Area. However, Tenant shall maintain furniture (including, without limitation, chairs, tables, and/or trash receptacles) (collectively, "Patio Furniture") in the Patio Area subject to Landlord's prior written approval of the same. Notwithstanding Landlord's approval of the Patio Furniture, Tenant shall remain solely liable for any liability arising out of the placement of the Patio Furniture in the Patio Area, and Landlord shall have no liability in connection therewith. Tenant shall keep the Patio Furniture in clean, safe, operable and first-class condition and repair and shall replace the same as necessary to comply with such standard. Tenant shall keep the Patio Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Patio Area. Tenant shall perform cleaning at such times during the day as is reasonably appropriate, and shall power wash the Patio Area on an as needed basis. Tenant shall remove any Patio Furniture from the Patio Area upon the expiration or earlier termination of this Lease, or upon the termination of Tenant's rights under this Section 1.1.2, and shall return the affected portion of the Patio Area to the condition the Patio Area would have been in had no such Patio Furniture been installed, reasonable wear and tear excepted. Tenant shall not be permitted to
Patio Area c. Landlord shall provide a standard finished concrete patio to the extents shown on the permit drawings for the Tenant’s exclusive use if located at an end cap.
Patio Area. 26 (a) Subject to the applicable laws, ordinances, codes and regulations of any governmental 27 authorities having jurisdiction over the Premises, Tenant shall also be entitled to utilize, as a part of the 28 Premises, and in a manner set forth below, the area immediately adjacent to the store structure of the 29 Premises for the use and purpose as a patio (hereinafter “Patio Area”). The Patio Area shall contain 30 approximately thirty-six (36) tables and eighty-two (82) chairs as shown on Exhibit “A-7,” which is 31 attached hereto and incorporated herein by this reference.
Patio Area. Upon Tenant’s receipt of Landlord’s prior approval, which approval shall not be unreasonably withheld, Tenant, at Tenant’s sole cost and expense, shall be provided with access to the outside patio area adjacent to Plaza One as shown on Exhibit “B” for special events of Tenant. Tenant shall be responsible for, and shall obtain, all necessary governmental permits and approvals with respect to any such events and any such use shall comply with all governmental laws, rules and regulations with respect thereto. In addition, Tenant’s use shall comply with any reasonable rules and regulations promulgated by Landlord. Tenant shall be XXXXXX XXXXXX XXXXX [Foundation Health Systems] obligated to clean such area after such event at Tenant’s sole cost and expense and to remove all trash therefrom. Should Tenant fail to so clean such area and/or to remove trash therefrom within one (1) business day after notification from Landlord, Landlord shall be entitled to perform any such obligation on behalf of Tenant and all costs of Landlord in connection therewith shall be paid to Landlord, as Additional Rent, within ten (10) business days after Tenant’s receipt of invoice therefor. The terms and conditions of Article 7 of this Lease shall apply to Tenant’s use of such area as though such area were a part of the Premises. Tenant acknowledges that Tenant’s right to use such area shall be non-exclusive with the rights of Landlord and other tenants.
Patio Area. In connection with its use of the Premises, Tenant shall have the exclusive right to use the patio area between the 800 and 900 Buildings (the "Patio Area") and shall have the right to replace the paving of the Patio Area with a permeable surface reasonably acceptable to Landlord as part of the construction of "Tenant Improvements," as that term is defined in the Tenant Work Letter, or as a subsequent Alteration (in which case such installation shall be governed by the terms of Article 8). Such use shall be on all of the terms and conditions of the Lease, and Tenant's indemnification and insurance obligations as provided herein shall apply to Tenant's use of the Patio Area. Tenant shall keep the Patio Area in a good, clean and safe condition, and in compliance with all applicable laws. Tenant acknowledges that Landlord shall not be responsible to police the use of the Patio Area by third-parties.
Patio Area. CONCESSIONAIRE shall be permitted to place tables, chairs and umbrellas on the 10 patio area as identified on Exhibit “A” for use by concession patrons. The type, location and number of tables, chairs and umbrellas shall be subject to approval by the Director of OC Parks. 11 Unless such equipment is securely fastened to the patio, all such equipment shall be removed and securely stored at the end of each business day.
Patio Area. So long as the federal, state, and local laws, codes, zoning restrictions, ordinances, regulations, and safety requirements permit, Landlord agrees that during the Term, including any renewals thereof, Tenant shall have the right to use on an exclusive basis, the Patio Area, subject to modification by Landlord from time to time as required to comply with such laws, codes, restrictions, ordinances, regulations, or safety requirements, solely for the uses permitted by Section 3 hereof, provided that: (i) Tenant’s use of the Patio Area complies with all laws, codes, zoning restrictions, ordinances, regulations, safety requirements, approvals, permits, and licenses relating thereto; and (ii) all necessary approvals, permits, and licenses in connection with such use are obtained and paid for by Tenant (with copies furnished to Landlord) and remain in full force and effect during Tenant’s use of the Patio Area. Tenant shall use the Patio Area only during those hours when the Premises are open for business. Notwithstanding the foregoing, Landlord has no knowledge of any laws, codes, zoning restrictions, ordinances, regulations, safety requirements or approvals that would prohibit Tenant’s proposed use of the Patio Area.
Patio Area. Lessee may apply for and pursue all necessary approvals and permits (“Patio Use Permits”) for use of the area outside the Premises designated on Exhibit “A-2” as the “Patio Area” for outdoor seating, food and beverage service and other uses ancillary to a use permitted by Section 6.1 of this Lease. The application for the Patio Use Permits shall be made in accordance with plans provided by (or otherwise approved by) Lessor. Any modifications to the plans submitted for the Patio Use Permits shall be subject to Lessor’s approval, such approval not to be unreasonably withheld, delayed or conditioned. Provided Lessee obtains the Patio Use Permits, if required (and if not required, in the event Lessee elects to utilize the Patio Area), Lessor and Lessee agree that the Premises shall include the Patio Area, subject to the following:
Patio Area. Landlord shall, as part of the Work, install a patio area (the “Patio Area”) at a location to be approved by Landlord, in Landlord’s sole and absolute discretion.
