Common use of Project Amenities Clause in Contracts

Project Amenities. Tenant shall have the right, at Tenant’s sole cost and expense (subject to reimbursement from the Amenity Allowance, as defined in Exhibit D), to construct and install any or all of the following amenities for the Project: (i) jogging trail, (ii) sports court, (iii) covered terrace, (iv) casting pond, (v) archery range, (vi) outdoor exercise facility, (vii) outdoor all-hands assembly area, (viii) barbeque pits, (ix) basketball courts, and (x) exterior Wi-Fi (each a “Project Amenity”). Any such Project Amenity shall be subject to all Applicable Laws and Landlord’s reasonable approval. Tenant acknowledges that the conceptual renderings of the foregoing potential Project Amenities provided by Landlord are for conceptual purposes only and are not part of the current design or Landlord’s Work and Landlord shall have no liability therefore. To the extent Tenant constructs any such Project Amenity, Tenant, at Tenant’s expense, shall be responsible for obtaining and maintaining all necessary permits and approvals related to the construction and use of such Project Amenity and for maintaining, operating, repairing and replacing such Project Amenity. If Tenant fails to maintain any such Project Amenity, after written notice to Tenant and a reasonable amount of time to cure, Landlord shall have the right (but not the obligation) to maintain any Project Amenity, at Tenant’s expense, and the right to remove such Project Amenity at Tenant’s expense. Tenant shall have no obligation to remove any jogging trail, sports court, covered terrace, or basketball courts constructed by Tenant on the Project in accordance with the terms of this Lease at the expiration or earlier termination of this Lease. In the event any Project Amenity is removed by Tenant, then Tenant shall make such repairs and restoration as necessary to return the Project to its condition prior to such Project Amenity being constructed. Landlord shall have the right to reasonably impose rules and regulations regarding the use of any such Project Amenity and Tenant’s use thereof shall be governed by Landlord’s rules and regulations that are then in effect. Tenant acknowledges and agrees that any Tenant Party’s use of the Project Amenities is voluntary and, in consideration of the use of the Project Amenities, shall be undertaken by such Tenant Party at its sole risk. For all purposes under this Lease, the Project Amenities shall be deemed to be included within the definition of Tenant’s Off­ Premises Equipment. Neither Landlord nor Landlord’ s agents, employees or representatives shall be liable for any claims, demands, injuries, damages, actions or causes of action whatsoever arising out of or connected with any Tenant Party’s use of the Project Amenities and their facilities and services. TENANT DOES HEREBY EXPRESSLY FOREVER WAIVE, RELEASE AND DISCHARGE LANDLORD AND ITS AGENTS, EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL LIABILITY ARISING FROM ALL SUCH CLAIMS, DEMANDS, INJURIES, DAMAGES, ACTIONS AND/OR CAUSES OF ACTION EVEN IF CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS AGENTS, EMPLOYEES OR REPRESENTATIVES (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH PARTIES). The waivers contained in this Section 27.2 shall survive the expiration or earlier termination of this Lease.