Fitness Center Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “Fitness Center”) in the building located at 6▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇. The use of the Fitness Center shall be subject to the rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operator. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.
System Use (a) An electronic site access system may be used on site, subject to the requirements of this statement. (b) The system operates via: (i) a facial recognition device; and (ii) an electronic gate. (c) The system will be installed at the access and egress point/s of the site and will only be utilised to identify presence on site. (d) The purpose for which the electronic site access system will be implemented is to ensure: (i) avoiding unauthorised access to site; (ii) confirmation and co-ordination of effort in emergency situations; and (iii) confirmation that all entrants to site have received a site specific induction; (e) The only personal data collected by the system is a site entrant’s: (i) image; (ii) first & last name; (iii) mobile phone number; (iv) email address; and (v) employer’s name. (the Collected Data) (f) The Collected Data will only be held or used for the purposes specified above, unless otherwise by consent or required by law. (g) The Employer will not use the electronic site access control system to verify who was on a site at a particular time for the purpose of: (i) evaluating whether a variation claim regarding labour costs made by a subcontractor can be substantiated; (ii) taking disciplinary action against an Employee, or assisting a subcontractor to take disciplinary action against its own employees, regarding their start and finish times; or (iii) otherwise generally tracking a worker’s movements whilst on the site.
Building Use Agency facilities may be used for Union activities according to current building use policies, so long as the facility is available and proper scheduling has been arranged.
Intended Use Customer will use Software in accordance with its intended use, instructions for use and all applicable Software labeling as described in the Documentation and the Offer. Customer is responsible for ensuring that the way that it uses Software complies with all applicable laws and regulations.
Signage 28.1 Tenant may, at Tenant’s expense, install a sign identifying Tenant’s business at the entrance to the Premises, provided that the design, size, color and location of the sign shall be subject to Landlord’s prior reasonable approval. Tenant shall be entitled, at no cost to Tenant, to have the name of ▇▇▇▇▇▇’s company listed on the Building directory situated in the lobby of the Building. If, after ▇▇▇▇▇▇’s name is initially listed on the directories, ▇▇▇▇▇▇ requests a change in ▇▇▇▇▇▇’s name as printed thereon, Tenant shall reimburse Landlord for Landlord’s cost of reprinting Tenant’s name for the directories. 28.2 Tenant shall be entitled to one (1) Building standard sign on the Building monument sign installed by Landlord identifying Tenant’s business, in a location as designated by Landlord. Any such Tenant signage shall comply with the requirements of this Article 28 and otherwise the design, size, color, content and location of the signs shall be in accordance with the Building’s signage criteria and subject to Landlord’s prior reasonable approval. Tenant shall provide Landlord with ▇▇▇▇▇▇’s signage to install on such monument at Tenant’s sole cost; provided, however, that Landlord shall install such signage at Tenant’s cost. If, after ▇▇▇▇▇▇’s name is initially listed on the monument sign, ▇▇▇▇▇▇ requests a change in Tenant’s name as printed thereon, Tenant shall reimburse Landlord for Landlord’s cost of reprinting Tenant’s name for the monument sign.