Road #2. The parties shall use commercially reasonable efforts to obtain approval from DelDOT to relocate the curb cut and roadway associated with Road #2 in a westerly direction to the approximate location shown on Exhibit F. In the event such relocation is approved by DelDOT, the parties shall negotiate in good faith toward an agreement regarding the sharing of costs associated with such relocation. Until any such relocation, the portion of Road #2 lying within the Premises shall be available for use by Landlord, its assignees, tenants, agents and invitees. This portion of Road #2 lying within the Premises shall be treated as a Common Area and Facility for purposes of maintenance responsibility and cost sharing. Tenant may relocate the portion of Road #2 lying within the Premises to another location within the Premises, but the same may not be relocated such as to materially interfere with Landlord’s, its assignees’, tenants’, agents’ and invitees’ use thereof as a Common Area and Facility.
Appears in 2 contracts
Sources: Ground Lease (Bloom Energy Corp), Ground Lease (Bloom Energy Corp)