Common use of Shuttle Service Clause in Contracts

Shuttle Service. Subject to the provisions of this Section 14, so long as Tenant is not in default under the Lease beyond applicable notice and cure periods, as hereby amended, and so long as Landlord, in Landlord’s sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) to operate at the Project, Tenant’s employees (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original Lease shall apply to Tenant and the Shuttle Service Rider’s use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic Operating Cost. Tenant acknowledges that the provisions of this Section 14 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s or the Shuttle Service Rider’s rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rent, constitute a constructive eviction, or result in an event of default by Landlord under the Lease, as hereby amended.

Appears in 2 contracts

Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)

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Shuttle Service. Subject to the provisions of this Section 1429.40, so long as Tenant no Default is not in default under continuing, Landlord shall operate (or provide for the operation of), throughout the Lease beyond applicable notice and cure periodsTerm, as hereby amended, and so long as Landlord, in Landlord’s sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) to operate at the Project, for exclusive use by Tenant’s employees at the Project (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project). The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) reasonably established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service, provided that any such rules and regulations do not expressly contradict any of the terms set forth in this Section 29.40. Landlord will reasonably designate (a) the hours of operation of the Shuttle Service, which shall at least include the hours of 8 a.m. through 10:30 a.m. and 4:30 p.m. through 7:30 p.m., five (5) days a week (excluding weekends and holidays) (the “Shuttle Service Hours”), (b) the frequency of stops, and (c) designated routes, which shall include stops at the nearest BART Station and CalTrain Station. Upon request from Tenant, Landlord shall provide Shuttle Service during hours other than Shuttle Service Hours (which additional hours shall be contiguous with the Shuttle Service Hours), provided that, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of request, Landlord’s costs and expenses incurred in providing the Shuttle Services outside of the Shuttle Service Hours. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk risk. Landlord agrees that, if Tenant so elects and that appoints a representative, Landlord shall meet and confer with Tenant’s representative from time to time regarding the terms and provisions of Section 10.1 of the Original Lease shall apply to Tenant and manner in which the Shuttle Service Rideris operated, including the Shuttle Service Hours, the number and capacity of shuttles, and the designated routes of the Shuttle Service; provided, however, any suggestions or requests made by Tenant’s representative shall not be binding on Landlord, but shall be taken into reasonable consideration. Subject to Tenant’s obligation to reimburse Landlord for after-Shuttle Service Hours costs, as set forth above, there shall be no fee payable by the Shuttle Service Riders for use of the Shuttle Service. The costs Service and the cost of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic excluded from the Operating Cost. Tenant acknowledges that the provisions of this Section 14 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator Expenses of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s or the Shuttle Service Rider’s rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rent, constitute a constructive eviction, or result in an event of default by Landlord under the LeaseProject, as hereby amendedset forth in Section 4.2.4(l) above.

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

Shuttle Service. Subject to the provisions of this Section 1429.40, so long as Tenant no Default is not in default under continuing, Landlord shall operate (or provide for the operation of), throughout the Lease beyond applicable notice and cure periodsTerm, as hereby amended, and so long as Landlord, in Landlord’s sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) to operate at the Project, for non-exclusive use by Tenant’s employees at the Project (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at in common with other tenants and occupants of the Project. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) reasonably established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service, provided that any such rules and regulations do not expressly contradict any of the terms set forth in this Section 29.40. Landlord will reasonably designate (a) the hours of operation of the Shuttle Service, which shall at least include the hours of 8 a.m. through 10:30 a.m. and 4:30 p.m. through 7:30 p.m., five (5) days a week (excluding weekends and holidays) (the “Shuttle Service Hours”), (b) the frequency of stops, and (c) designated routes, which shall include stops at the nearest BART Station and CalTrain Station. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk risk. Landlord agrees that, if Tenant so elects and that appoints a representative, Landlord shall meet and confer with Tenant’s representative from time to time regarding the terms and provisions of Section 10.1 of the Original Lease shall apply to Tenant and manner in which the Shuttle Service Rideris operated, including the Shuttle Service Hours, the number and capacity of shuttles, and the designated routes of the Shuttle Service; provided, however, any suggestions or requests made by Tenant’s representative shall not be binding on Landlord, but shall be taken into reasonable consideration. Subject to Tenant’s obligation to reimburse Landlord for after-Shuttle Service Hours costs, as set forth above, there shall be no fee payable by the Shuttle Service Riders for use of the Shuttle Service. The costs Service and the cost of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic excluded from the Operating Cost. Tenant acknowledges that the provisions of this Section 14 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator Expenses of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s or the Shuttle Service Rider’s rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rent, constitute a constructive eviction, or result in an event of default by Landlord under the LeaseProject, as hereby amended.set forth in Section 4.2.4(l) above EXHIBIT K

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

Shuttle Service. Subject to the provisions of this Section 1429.41, so long as Tenant is not in default under the Lease beyond applicable notice and cure periods, as hereby amended, and so long as Landlord, in Landlord’s sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) to operate at the Project, Tenant’s employees (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original this Lease shall apply to Tenant and the Shuttle Service Rider’s use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic Operating CostExpenses, subject to Article 4. Tenant acknowledges that the provisions of this Section 14 29.41 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Lease Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s or the Shuttle Service Rider’s rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rentRent, constitute a constructive eviction, or result in an event of default by Landlord under the this Lease, as hereby amended.

Appears in 2 contracts

Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)

Shuttle Service. Subject to the provisions of this Section 1429.41, so long as Tenant is not in default under the Lease beyond applicable notice and cure periods, as hereby amended, and so long as Landlord, in Landlord’s 's sole and absolute discretion, permits a shuttle service (the "Shuttle Service") to operate at the Project, Tenant’s 's employees ("Shuttle Service Riders") shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle ServiceService and Landlord shall provide a copy of such rules and regulations to Tenant. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original this Lease shall apply to Tenant and the Shuttle Service Rider’s 's use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic Operating CostExpenses. Tenant acknowledges that the provisions of this Section 14 29.41 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Lease Term, and Landlord shall have the right, at Landlord’s 's sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s 's or the Shuttle Service Rider’s 's rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rentRent, constitute a constructive eviction, or result in an event of default by Landlord under the this Lease, as hereby amended.

Appears in 1 contract

Samples: Office Lease (Nektar Therapeutics)

Shuttle Service. Subject During the Term, Landlord shall provide or otherwise arrange for Shuttle Service to and from the provisions of this Section 14Project on weekdays (subject to weather conditions that adversely impact travel, so long as Tenant is not in default under the Lease beyond applicable notice holidays and cure periods, as hereby amendedForce Majeure), and so long as LandlordTenant’s employees shall, subject to seating availability, have the right to use such Shuttle Service at all times that such Shuttle Service is in Landlord’s sole operation and absolute discretion, permits a shuttle service (available for use by tenants of the Project. “Shuttle Service” shall mean shuttle bus service provided or contracted for by Landlord between the Project and various commuting locations in the Watertown/Cambridge/Boston area, as determined by Landlord from time to time. Landlord shall have the right to adjust the schedule, frequency, and route(s) to operate at the Project, Tenant’s employees (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service as it determines based on demand (Landlord will provide ActiveUS 179671324v.10 service to a nearby MBTA red line subway stop during peak commuting hours for so long as there is material demand for the same, as reasonably determined by Landlord). No fee shall be subject charged to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of any passenger that utilizes the Shuttle Service. Landlord and Tenant acknowledge ; provided that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original Lease shall apply to Tenant and the Shuttle Service Rider’s use of the Shuttle Service. The all costs of operating, maintaining and repairing the providing such Shuttle Service shall be included as part of Basic Operating Cost. Tenant acknowledges that Expenses (subject to the provisions of this Section 14 5, except that (a) any capital expenses for the Shuttle Service will be amortized over the lesser of the item’s useful life or seven years (and, for the avoidance of doubt, Landlord shall be entitled to include in Operating Expenses the costs of the busses, provided the same are so amortized) and any amounts paid to affiliates of Landlord for the Shuttle Service shall not exceed fair market rates and amounts), and (b) Operating Expenses for Shuttle Services shall otherwise be treated like Operating Expenses for Amenities with the exception that they shall not be deemed subject to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Term, and Landlord shall have the right, at LandlordAmenity Cap Amount. Tenant’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator use of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Servicesbe at Tenant’s sole risk, and Tenant hereby acknowledges that Landlord shall have no termination liability with respect thereto. Tenant shall indemnify, defend and hold Landlord harmless from and against any Claims by any of Tenant’s employees or the Shuttle Service Rider’s rights invitees related to the Shuttle Service shall entitle Tenant to an abatement or reduction in rent, constitute a constructive eviction, any personal injury or result in an event property damage related thereto or arising therefrom except for claims of default by Landlord under property damage or personal injury claims against (and based on the Lease, as hereby amendednegligence or misconduct of) the operator of the shuttle service.

Appears in 1 contract

Samples: Lease Agreement (Constellation Pharmaceuticals Inc)

Shuttle Service. Subject During the Term, Landlord may provide or otherwise arrange for (but shall not be obligated to provide or otherwise arrange for) Shuttle Service to and from the provisions of this Section 14Project on weekdays (subject to weather conditions, so long as Tenant is not in default under the Lease beyond applicable notice and cure periodsholidays, as hereby amendedForce Majeure), and so long as LandlordTenant’s employees shall, subject to seating availability, have the right to use such Shuttle Service at all times that such Shuttle Service is in Landlord’s sole operation and absolute discretion, permits a shuttle service (available for use by tenants of the Project. “Shuttle Service” shall mean shuttle bus service provided or contracted for by Landlord between the Project and various commuting locations in the Watertown/Cambridge/Boston area, as determined by Landlord from time to time. Landlord shall have the right to adjust the schedule, frequency, and route(s) to operate at the Project, Tenant’s employees (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service as it determined based on usage. IF " DOCVARIABLE "SWDocIDLocation" 1" = "1" " DOCPROPERTY "SWDocID" ACTIVEUS 189279026v.12" "" ACTIVEUS 189279026v.12 116947851_3 000 Xxxxxxx Xxxxxx, Xxxxx 000 (AOTC) / iTeos Therapeutics - Page 34 No fee shall be subject charged to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of any passenger that utilizes the Shuttle Service. Landlord and Tenant acknowledge , provided that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original Lease shall apply to Tenant and the Shuttle Service Rider’s use of the Shuttle Service. The all costs of operating, maintaining and repairing the such Shuttle Service shall be included as part of Basic Operating CostExpenses. Tenant acknowledges that the provisions of this Section 14 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Term, and Landlord shall have the right, at LandlordTenant’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator use of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Servicesbe at Tenant’s sole risk, and Tenant hereby acknowledges that Landlord shall have no termination liability with respect thereto. Tenant shall indemnify, defend and hold Landlord harmless from and against any Claims by any of Tenant’s employees or the Shuttle Service Rider’s rights invitees related to the Shuttle Service shall entitle Tenant to an abatement or reduction in rent, constitute a constructive eviction, any personal injury or result in an event of default by Landlord under the Lease, as hereby amendedproperty damage related thereto or arising therefrom.

Appears in 1 contract

Samples: Lease Agreement (iTeos Therapeutics, Inc.)

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Shuttle Service. Landlord, at Landlord's sole option, shall have the right to institute a shuttle service to operate at the Project (the "Shuttle Service"), which Shuttle Service shall be separate from any shuttle services operated by Tenant. Subject to the provisions of this Section 148, so long as Tenant is not in default under the Lease beyond applicable notice and cure periodsLease, as hereby amendedamended hereby, and so long as Landlord, in Landlord’s 's sole and absolute discretion, permits a shuttle service (the Shuttle Service”) Service to operate at the Project, Tenant’s 's employees ("Shuttle Service Riders") shall be entitled to use the Shuttle Service operated at the ProjectService. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 14 of the Original Lease shall apply to Tenant and the Shuttle Service Rider’s 's use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic Operating CostExpenses. Tenant acknowledges that the provisions of this Section 14 8 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Term, and Landlord shall have the right, at Landlord’s 's sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s 's or the Shuttle Service Rider’s 's rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rentBase Rent, Tenant's Share of Expenses or any other amounts due under the Lease, as 795203.05/WLA 0 XXXXXXXXX XXXXXXXX XXXX 377397-00003/4-3-19/mjh/ejw GoPro, Inc. amended hereby, constitute a constructive eviction, or result in an event of default by Landlord under the Lease, as hereby amended.

Appears in 1 contract

Samples: Office Lease Agreement (GoPro, Inc.)

Shuttle Service. Subject to the provisions of this Section 1429.38, so long as Tenant no Event of Default is not in default under continuing, Landlord shall operate (or provide for the operation of), throughout the Lease beyond applicable notice and cure periodsTerm, as hereby amended, and so long as Landlord, in Landlord’s sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) to operate at the Project, for the exclusive use by (i) Tenant’s employees, and (ii) employees of other occupants of the Project (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project). The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) reasonably established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service, provided that any such rules and regulations do not expressly contradict any of the terms set forth in this Section 29.38. Landlord will reasonably designate (a) the hours of operation of the Shuttle Service, which shall at least include the hours of 7 a.m. through 6 p.m. five (5) days a week (excluding weekends and holidays), and (b) the frequency of stops, which shall include stops at the Project no less frequently than every 45 minutes. The Shuttle Service routes shall be limited to stops to pick up Shuttle Service Riders at the buildings directly adjacent to the Project, at the Hayward Park Caltrain Station and downtown San Mateo; provided, however, Landlord may add additional stops if mutually and reasonably agreed to by Landlord and Tenant. The Shuttle Service shall provide shuttles that can accommodate at least twenty-five (25) people per shuttle. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that risk. Notwithstanding the foregoing terms and provisions of this Section 10.1 29.38, Landlord may elect, in Landlord’s reasonable discretion, to enter into agreements with other owners of buildings directly adjacent to the Original Lease shall apply Project to Tenant and share the Shuttle Service Rideramongst the buildings, in which event, the employees of occupants at such building shall become Shuttle Service Riders, and Landlord may make reasonable modifications to the hours of operation (but never less than between the hours of 7 a.m. and 6 p.m., five (5) days per week, exclusive of weekends and holidays), frequency of stops (but never less frequently than every 45 minutes), and Shuttle Service routes (but, absent the consent of Tenant, only to add a stop at the building of such added Shuttle Service Riders) to accommodate such shared usage. Landlord may elect to provide Shuttle Service seven (7) days per week, exclusive of holidays, and in such event, shall equitably allocate the costs of weekend Shuttle Service amongst the owners of the buildings based on the usage of such weekend Shuttle Service by the Shuttle Service Riders from each such building, and Landlord need not provide stops every 45 minutes on weekends. Landlord agrees that, if Tenant so elects and appoints a representative, Landlord shall meet and confer with Tenant’s representative from time to time regarding the manner in which the Shuttle Service is operated; provided, however, any suggestions or requests made by Tenant’s representative shall not be binding on Landlord, but shall be taken into reasonable consideration. There shall be no fee payable by the Shuttle Service Riders for use of the Shuttle Service. The pro rata costs (including the costs of operating, maintaining and repairing vehicles), as equitably shared by the buildings using the Shuttle Service Service, shall be included as part of Basic Operating Cost. Tenant acknowledges that the provisions of this Section 14 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s or the Shuttle Service Rider’s rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rent, constitute a constructive eviction, or result in an event of default by Landlord under the Lease, as hereby amendedExpenses.

Appears in 1 contract

Samples: Office Lease (Snowflake Inc.)

Shuttle Service. Subject to the provisions of this Section 1429.40, so long as Tenant is not in default under the Lease beyond applicable notice and cure periods, as hereby amendedthis Lease, and so long as Landlord, in Landlord’s sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) to operate at the Project, Tenant’s employees (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original this Lease shall apply to Tenant and the Shuttle Service Rider’s use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic Operating CostExpenses. Tenant acknowledges that the provisions of this Section 14 29.40 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Lease Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s or the Shuttle Service Rider’s rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rentRent, constitute a constructive eviction, or result in an event of default by Landlord under the this Lease, as hereby amended.. -00- XXXXXX REALTY 000 XXXXX XXXXXX Postmates Inc.

Appears in 1 contract

Samples: Office Lease (Amplitude, Inc.)

Shuttle Service. Subject During the Lease Term, Landlord shall provide, or shall cause FPOC (as hereinafter defined) to provide, vehicular shuttle/limousine service for Tenant’s use (which use shall be reasonably related to Tenant’s Permitted Use). Such shuttle service shall be offered both on-demand (by written or telephonic notice) and on a scheduled basis, provided, however, that on-demand service shall only be available during Normal Business Hours, except as such hours may be expanded as set forth below. Notwithstanding anything contained herein to the provisions of this Section 14contrary, so long as Tenant is not in default under the Lease beyond applicable notice and cure periods, as hereby amended, and so long as Landlord, in Landlord’s sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) to operate at the Project, Tenant’s employees (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original Lease shall apply to Tenant and the Shuttle Service Rider’s use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service providing such vehicular shuttle/limousine service shall be included as part of Basic Operating CostExpenses hereunder; there shall be no additional charge or cost whatsoever to Tenant or Tenant’s employees for the use of such vehicular shuttle/limousine service. Tenant acknowledges that the provisions As demand for use of this Section 14 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout such vehicular shuttle/limousine service increases during the Term, and Landlord shall have increase the rightnumber and/or size of vehicles and/or expand the operating hours and/or frequency of scheduled service to accommodate such increased demand. Notwithstanding anything contained herein to the contrary, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator cost of the Shuttle Service purchasing or leasing of any vehicles required in connection with the aforesaid shuttle service shall be included in Operating Expenses as FPOC Expenses. Exhibit M attached hereto for informational purposes only reflects the current scheduled shuttle service. Notwithstanding the foregoing, neither Landlord nor FPOC shall be obligated to provide shuttle service to Boston’s South Station; provided, however, that [***], during Normal Business Hours Tenant may [***]. Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have a right to charge a fee been filed separately with the Securities and Exchange Commission pursuant to the users Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Shuttle Service. No expansion, contraction, elimination or modification Securities Exchange Act of any or all Shuttle Services, and no termination of Tenant’s or the Shuttle Service Rider’s rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rent, constitute a constructive eviction, or result in an event of default by Landlord under the Lease1934, as hereby amended.

Appears in 1 contract

Samples: Office Lease (Enernoc Inc)

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