Shower Facility. Subject to the provisions of this Section 3 of Exhibit F, following the completion of construction of the Shower Facility (as defined in the Work Letter) by Landlord, so long as Tenant is not in default under this Lease, Tenant shall be entitled to the non-exclusive use of the Shower Facility. The use of the Shower Facility shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord for the Shower Facility. The costs of operating, maintaining and repairing the Shower Facility may be included as part of Expenses. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shower Facility in its original configuration throughout the Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract or otherwise modify the Shower Facility, so long as the benefits to Tenant in connection therewith are not materially reduced. 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 Shower Facility, 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, except to the extent arising out of the gross negligence or willful misconduct of Landlord. It is the intention of Tenant with respect to the Shower Facility to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence.
Appears in 2 contracts
Sources: Office Lease Agreement (Quinstreet, Inc), Office Lease Agreement (Quinstreet, Inc)