Common use of Terrace Clause in Contracts

Terrace. As contemplated in Section 1.5 of the Office Lease, Tenant’s use of the portion of the Terrace shown and labeled as the "Box/Xxxxx Xxxx Common Area" in Exhibit B attached hereto (the “Common Terrace Area”) shall become non-exclusive effective as of February 1, 2024, subject to the terms thereof; provided, however, that notwithstanding anything to the contrary provided in the Existing Lease, (i) so long as Tenant is leasing the entire first (1st) floor (i.e., Suite 200) of Building A and leasing at least fifty percent (50%) of the Building A Premises, Tenant shall retain exclusive use of patio area adjacent to Building A shown and labeled as the "Box Exclusive Patio Use" in Exhibit B attached hereto (the “Tenant Patio Area”), and (ii) the new tenant(s) for the Give-Back Space (collectively, the “New Tenant”) shall be entitled to exclusive use of patios adjacent to Building B shown and labeled as the "Xxxxx Xxxx Exclusive Patio Use" in Exhibit B attached hereto (the “New Tenant Patio Area”, and the Tenant Patio Area and the New Tenant Patio Area, collectively, the “Exclusive Outdoor Patios”). Landlord shall, at its cost, establish a visible demarcation separating the Common Terrace Area and each of the Exclusive Outdoor Patios (i.e., separation with planters, plants, etc.), subject to Tenant’s written approval of same, which approval shall not be unreasonably withheld, subject to openings for an emergency exit path of travel as may be required by Applicable Laws. Tenant shall not obstruct the path of travel for emergency exiting through the Tenant's Exclusive Outdoor Patio in violation of Applicable Laws. Landlord shall, as part of Operating Expenses, be responsible for landscaping the Terrace (including the Exclusive Outdoor Patios, but excluding Tenant's vegetable and fruit garden, which Tenant shall be responsible to maintain at its sole cost and expense so long as the same exists). Notwithstanding anything to the contrary in the Lease, Tenant, the New Tenant and Landlord shall have the right to schedule temporary exclusive use of the Common Terrace Area (excluding the Exclusive Outdoor Patios), on a first-come, first serve basis (provided Tenant shall be given priority in the event of conflicting reservation requests made on the same day), it being acknowledged that, (A) the New Tenant shall be entitled to reserve the Common Terrace Area for exclusive temporary events for twelve (12) days per calendar year (but within such twelve (12) event allocation, New Tenant may not host more than one (1) event per month), and (B) Tenant shall be entitled (without Landlord's consent, but with notice to Landlord as provided herein) to reserve the Common Terrace Area for exclusive temporary events for fifteen (15) days per calendar year (but within such fifteen (15) event allocation, Tenant may not host more than two (2) events per month), provided that if Tenant desires to host more than fifteen (15) events as allocated to Tenant as described above, the same shall be subject to Landlord's reasonable consent and the New Tenant's consent in the New Tenant's sole and absolute discretion (provided Landlord shall use commercially reasonable efforts to obtain such consent from the New Tenant). As part of Landlord's Event Use Rights (as defined in Section 1.5 of the Office Lease) with respect to the Common Terrace Area, Landlord shall have the right to schedule temporary exclusive use of the Common Terrace Area for events hosted by or on behalf of Landlord. Notwithstanding anything to the contrary in the Lease, Tenant shall be entitled to maintain the existing vegetable and fruit garden in the Tenant's Exclusive Outdoor Patio and shall be entitled to relocate the beehive from the roof to the Tenant's Exclusive Outdoor Patio and maintain the beehive in the Exclusive Outdoor Patio, so long as the same meets first class standards consistent with the Project and other Comparable 4863-1545-4581.10373382.00003/11-17-23/spm -6- CROSSING/900Sixth Amendment to Office Lease[Box, Inc.]

Appears in 1 contract

Samples: Office Lease (Box Inc)

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Terrace. As contemplated in Section 1.5 Tenant shall have the right to use, on an exclusive basis, the terrace located between 450 Concar North Tower and 450 Concar South Tower with entrances at the second (2nd) level of the Office Project (collectively, the “Terrace”), which Terrace shall, for purposes of this Lease, Tenant’s use be deemed part of the portion of Common Areas. Tenant shall be permitted to make Alterations (as that term is defined in Article 8 below) to the Terrace shown and labeled as the "Box/Xxxxx Xxxx Common Area" in Exhibit B attached hereto (the “Common Terrace Area”) shall become non-exclusive effective as of February 1, 2024Terrace, subject to the terms thereofof Article 8 below, and in no event shall such Alterations constitute “Cosmetic Alterations” (as that term is defined therein). In addition, Tenant shall be permitted to install and place furniture, fixtures, plants, graphics, signs or insignias or other similar items (collectively, “Terrace FF&E”) on the Terrace, subject to Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, it shall be deemed reasonable for Landlord to withhold its consent to any Terrace FF&E if the same is not consistent with the nature and quality of such items in Comparable Buildings (as that notwithstanding anything term is defined in Exhibit F attached hereto) and Landlord shall have the right to remove any Terrace FF&E that is not maintained in a manner consistent with the nature and quality of such items in Comparable Buildings. Landlord shall have the right to temporarily close the Terrace or limit access thereto from time to time in connection with Landlord’s maintenance or repair of the Terrace or Building. Landlord and Tenant acknowledge and agree that Tenant shall be solely responsible for supervising and controlling access to the contrary provided in the Existing Lease, (i) so Terrace. So long as Tenant is leasing the entire first (1st) floor (i.e., Suite 200) of Building A and leasing continues to lease at least fifty percent (50%) of the rentable square footage of the Building, together with a portion of the second (2nd) floor of the Building A Premisesproviding Tenant access to the Terrace, then Tenant shall retain exclusive use of patio area adjacent continue to Building A shown and labeled as the "Box Exclusive Patio Use" in Exhibit B attached hereto (the “Tenant Patio Area”), and (ii) the new tenant(s) for the Give-Back Space (collectively, the “New Tenant”) shall be entitled to exclusive use of patios adjacent to Building B shown and labeled as the "Xxxxx Xxxx Exclusive Patio Use" in Exhibit B attached hereto (the “New Tenant Patio Area”, and the Tenant Patio Area and the New Tenant Patio Area, collectively, the “Exclusive Outdoor Patios”). Landlord shall, at its cost, establish a visible demarcation separating the Common Terrace Area and each of the Exclusive Outdoor Patios (i.e., separation with planters, plants, etc.), subject to Tenant’s written approval of same, which approval shall not be unreasonably withheld, subject to openings for an emergency exit path of travel as may be required by Applicable Laws. Tenant shall not obstruct the path of travel for emergency exiting through the Tenant's Exclusive Outdoor Patio in violation of Applicable Laws. Landlord shall, as part of Operating Expenses, be responsible for landscaping the Terrace (including the Exclusive Outdoor Patios, but excluding Tenant's vegetable and fruit garden, which Tenant shall be responsible to maintain at its sole cost and expense so long as the same exists). Notwithstanding anything to the contrary in the Lease, Tenant, the New Tenant and Landlord shall have the right to schedule temporary exclusive use of the Common Terrace Area Terrace. At any time that Tenant is no longer directly leasing from Landlord at least fifty percent (excluding 50%) of the Exclusive Outdoor Patios)rentable square footage of the Building and/or no longer leasing a portion of the second (2nd) floor of the Building providing Tenant access to the Terrace, on a firstthen (i) Tenant’s use shall be non-comeexclusive and in common with Landlord and other tenants of the Building, first serve basis (provided ii) Tenant shall not be given priority in the event of conflicting reservation requests made permitted to make any Alterations or install any Terrace FF&E on the same day)Terrace, it being acknowledged that, (A) the New Tenant shall be entitled to reserve the Common Terrace Area for exclusive temporary events for twelve (12) days per calendar year (but within such twelve (12) event allocation, New Tenant may not host more than one (1) event per month)without Landlord’s prior consent, and (Biii) Tenant at Landlord’s request, Tenant, at Tenant’s sole cost and expense, shall be entitled responsible for removing any previously installed Alterations (without Landlord's consentunless at the time such Alterations were made Landlord expressly agreed, but with notice to Landlord as provided hereinin writing, that removal would not be required) to reserve the Common and Terrace Area for exclusive temporary events for fifteen FF&E, and repairing any damage caused by such removal; provided, however, that should Tenant thereafter once again lease fifty percent (1550%) days per calendar year (but within such fifteen (15) event allocation, Tenant may not host or more than two (2) events per month), provided that if Tenant desires to host more than fifteen (15) events as allocated to Tenant as described above, the same shall be subject to Landlord's reasonable consent and the New Tenant's consent in the New Tenant's sole and absolute discretion (provided Landlord shall use commercially reasonable efforts to obtain such consent from the New Tenant). As part of Landlord's Event Use Rights (as defined in Section 1.5 of the Office Leaserentable square footage of the Building and a portion of the second (2nd) with respect floor of the Building providing Tenant access to the Common Terrace AreaTerrace, Landlord shall have the right to schedule temporary then Tenant’s exclusive use of the Common Terrace Area for events hosted by or on behalf of Landlord. Notwithstanding anything shall be restored, otherwise subject to the contrary in the Lease, Tenant shall be entitled to maintain the existing vegetable and fruit garden in the Tenant's Exclusive Outdoor Patio and shall be entitled to relocate the beehive from the roof to the Tenant's Exclusive Outdoor Patio and maintain the beehive in the Exclusive Outdoor Patio, so long as the same meets first class standards consistent with the Project and other Comparable 4863-1545-4581.10373382.00003/11-17-23/spm -6- CROSSING/900Sixth Amendment to Office Lease[Box, Inc.]terms of this Section 1.1.3 above.

Appears in 1 contract

Samples: Office Lease (Snowflake Inc.)

Terrace. As contemplated Section 41.1. So long as such use is in Section 1.5 of the Office compliance with all applicable Requirements, and subject to Landlord’s rights under this Lease, Tenant’s Tenant shall, throughout the Term, have (i) the exclusive use of the that portion of the Terrace shown terrace outside the Penthouse Space and labeled as located on the "Box/Xxxxx Xxxx Common Area" southerly side of the Building in Exhibit B attached the area delineated on Schedule O-1 annexed hereto (the “Common Terrace AreaSouth Terrace) shall become non-exclusive effective as of February 1, 2024), subject to (x) the terms thereof; providedrights of Landlord to access the South Terrace from time to time, howeverupon prior notice to Tenant, that notwithstanding anything to the contrary provided in the Existing Lease, (i) so long as Tenant is leasing the entire first (1st) floor (i.e., Suite 200) of Building A and leasing at least fifty percent (50%) connection with Landlord’s marketing of the Building A Premisesor of space within the Building, Tenant shall retain exclusive use of patio area adjacent to Building A shown and labeled (y) Landlord’s Event Rights (as the "Box Exclusive Patio Use" in Exhibit B attached hereto (the “Tenant Patio Area”hereinafter defined), and (ii) the new tenant(s) for the Give-Back Space (collectively, the “New Tenant”) shall be entitled to exclusive use of patios adjacent to that portion of the terrace outside the Penthouse Space located on the northerly side of the Building B shown and labeled as in the "Xxxxx Xxxx Exclusive Patio Use" in Exhibit B attached area delineated on Schedule O-2 annexed hereto (the “New Tenant Patio AreaNorth Terrace, and ; together with the Tenant Patio Area and the New Tenant Patio Area, collectivelySouth Terrace, the “Exclusive Outdoor PatiosTerrace). ) subject to the rights of Landlord shallto access the South Terrace from time to time, at its costupon prior notice to Tenant, establish a visible demarcation separating the Common Terrace Area and each in connection with Landlord’s marketing of the Exclusive Outdoor Patios Building or of space within the Building, as an outdoor seating and reception area for the officers, employees and business invitees of Tenant (i.e., separation with planters, plants, etc.), subject to or other permitted parties) in the ordinary course of Tenant’s written approval business and in accordance with the terms and provisions of same, which approval this Lease. The Terrace shall not be unreasonably withheldincluded in the rentable square footage of the Premises, subject to openings for an emergency exit path of travel as may be required by Applicable Laws. and Tenant shall not obstruct be required to pay Fixed Rent or Escalation Rent for Tenant’s use of the path of travel Terrace. Accordingly, Tenant shall not be entitled to an abatement of, or credit against, Fixed Rent or Escalation Rent for emergency exiting through the Tenant's Exclusive Outdoor Patio in violation of Applicable Laws. Landlord shall, as part of Operating Expenses, be responsible for landscaping any condition affecting the Terrace (including such as, by way of example only, a casualty to the Exclusive Outdoor Patios, but excluding Terrace or Tenant's vegetable and fruit garden, which Tenant shall be responsible ’s inability to maintain at its sole cost and expense so long as access the same existsTerrace). Notwithstanding anything Any window washing rig on the roof or Terrace are to the contrary in the Lease, be installed and stored so as not to interfere with Tenant, the New Tenant ’s furniture and Landlord shall have the right to schedule temporary exclusive use of the Common Terrace Area (excluding the Exclusive Outdoor Patios), on a first-come, first serve basis (provided Tenant shall be given priority in the event of conflicting reservation requests made on the same day), it being acknowledged that, (A) the New Tenant shall be entitled to reserve the Common Terrace Area for exclusive temporary events for twelve (12) days per calendar year (but within such twelve (12) event allocation, New Tenant may not host more than one (1) event per month), and (B) Tenant shall be entitled (without Landlord's consent, but with notice to Landlord as provided Terrace. As used herein) to reserve the Common Terrace Area for exclusive temporary events for fifteen (15) days per calendar year (but within such fifteen (15) event allocation, Tenant may not host more than two (2) events per month), provided that if Tenant desires to host more than fifteen (15) events as allocated to Tenant as described above, the same shall be subject to Landlord's reasonable consent and the New Tenant's consent in the New Tenant's sole and absolute discretion (provided Landlord shall use commercially reasonable efforts to obtain such consent from the New Tenant). As part of Landlord's Event Use Rights (as defined in Section 1.5 of the Office Lease) with respect to the Common Terrace Area, Landlord shall have the right to schedule temporary exclusive use of the Common Terrace Area for events hosted by or on behalf of Landlord. Notwithstanding anything to the contrary in the Lease, Tenant shall be entitled to maintain the existing vegetable and fruit garden in the Tenant's Exclusive Outdoor Patio and shall be entitled to relocate the beehive from the roof to the Tenant's Exclusive Outdoor Patio and maintain the beehive in the Exclusive Outdoor Patio, so long as the same meets first class standards consistent with the Project and other Comparable 4863-1545-4581.10373382.00003/11-17-23/spm -6- CROSSING/900Sixth Amendment to Office Lease[Box, Inc.]term “

Appears in 1 contract

Samples: Agreement of Lease (Peloton Interactive, Inc.)

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Terrace. As contemplated in Section 1.5 Tenant shall have the right to use the outdoor terrace immediately adjacent to the Demised Premises (the "Terrace"), which Terrace shall be considered a part of the Office Lease, Tenant’s use of the portion of the Terrace shown and labeled as the "Box/Xxxxx Xxxx Common Area" in Exhibit B attached hereto (the “Common Terrace Area”) shall become non-exclusive effective as of February 1, 2024Demised Premises, subject to the terms thereof; provided, however, that notwithstanding anything to of this Lease and the contrary provided in the Existing Lease, following additional provisions: (i) so long as Tenant agrees and acknowledges that Tenant's use of the Terrace is leasing and shall be at Tenant's OWN RISK; (ii) Tenant accepts the entire first Terrace in its "AS IS/WHERE IS" condition, without any obligation on the part of Landlord to perform any alterations, improvements, redecorating or other work therein, or to provide any construction or monetary allowance therefor (1stand the square footage of the Terrace shall not be included for purposes of determining the amount of any construction allowance under this Lease); (iii) floor Landlord shall not be required to provide cleaning services or any other services to the Terrace; (i.e.iv) Tenant shall, Suite 200at Tenant's own cost, promptly remove all trash from the Terrace and otherwise keep the Terrace clean and free from litter and other garbage; (v) Tenant shall be responsible for any and all loss or damage to Tenant's property on the Terrace; (vi) Tenant shall not make any alterations, additions or improvements in, to or about the Terrace; and (vii) Tenant shall comply with any other rules or regulations hereafter imposed by Landlord with respect to the use of Building A the Terrace, for the safety, care and leasing at least fifty percent (50%) cleanliness of the Building A Premisesand the comfort, quiet enjoyment and convenience of other tenants in the Building. In addition to and without limiting the foregoing, Tenant agrees that Tenant shall retain exclusive use of patio area adjacent to Building A shown not (and labeled as shall not allow any other party to) place, display or maintain any object, other than furniture, on the "Box Exclusive Patio Use" Terrace without Landlord's prior written approval, which may be given or withheld in Exhibit B attached hereto Landlord's sole discretion. Any and all property on the Terrace shall in all cases be installed, used, operated, maintained and removed in compliance with the following requirements: (i) the “Tenant Patio Area”)property shall not interfere in any way with the Building's existing or future engineering, and window washing or other maintenance functions; (ii) the new tenant(sproperty must be properly secured and installed so as not to be affected by high winds or other elements; (iii) for the Give-Back Space (collectively, the “New Tenant”) shall be entitled to exclusive use of patios adjacent to Building B shown and labeled as the "Xxxxx Xxxx Exclusive Patio Use" in Exhibit B attached hereto (the “New Tenant Patio Area”, and the Tenant Patio Area and the New Tenant Patio Area, collectively, the “Exclusive Outdoor Patios”). Landlord shall, at its cost, establish a visible demarcation separating the Common Terrace Area and each of the Exclusive Outdoor Patios (i.e., separation with planters, plants, etc.), subject to Tenant’s written approval of same, which approval property shall not be unreasonably withheldvisible from the exterior of the Building; and (iv) the property shall not interfere with or otherwise affect the electrical, subject mechanical, structural, life safety or other building systems of the Building or obstruct or interfere with the rights of other tenants in the Building. In addition to openings for an emergency exit path of travel as Tenant's other indemnification obligations hereunder, Tenant shall indemnify, defend and hold harmless Landlord and its agents and employees against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees, which may be required imposed upon or incurred by Applicable Laws. Tenant shall not obstruct the path of travel for emergency exiting through the or asserted against Landlord and/or its agents or employees by reason of, in connection with or otherwise arising out of, Tenant's Exclusive Outdoor Patio in violation of Applicable Laws. Landlord shall, as part of Operating Expenses, be responsible for landscaping the Terrace (including the Exclusive Outdoor Patios, but excluding Tenant's vegetable and fruit garden, which Tenant shall be responsible to maintain at its sole cost and expense so long as the same exists). Notwithstanding anything to the contrary in the Lease, Tenant, the New Tenant and Landlord shall have the right to schedule temporary exclusive use of the Common Terrace Area (excluding the Exclusive Outdoor Patios), on a first-come, first serve basis (provided Tenant shall be given priority in the event of conflicting reservation requests made on the same day), it being acknowledged that, (A) the New Tenant shall be entitled to reserve the Common Terrace Area for exclusive temporary events for twelve (12) days per calendar year (but within such twelve (12) event allocation, New Tenant may not host more than one (1) event per month), and (B) Tenant shall be entitled (without Landlord's consent, but with notice to Landlord as provided herein) to reserve the Common Terrace Area for exclusive temporary events for fifteen (15) days per calendar year (but within such fifteen (15) event allocation, Tenant may not host more than two (2) events per month), provided that if Tenant desires to host more than fifteen (15) events as allocated to Tenant as described above, the same shall be subject to Landlord's reasonable consent and the New Tenant's consent in the New Tenant's sole and absolute discretion (provided Landlord shall use commercially reasonable efforts to obtain such consent from the New Tenant). As part of Landlord's Event Use Rights (as defined in Section 1.5 of the Office Lease) with respect to the Common Terrace Area, Landlord shall have the right to schedule temporary exclusive use of the Common Terrace Area for events hosted by or on behalf of Landlord. Notwithstanding anything to the contrary in the Lease, Tenant shall be entitled to maintain the existing vegetable and fruit garden in the Tenant's Exclusive Outdoor Patio and shall be entitled to relocate the beehive from the roof to the Tenant's Exclusive Outdoor Patio and maintain the beehive in the Exclusive Outdoor Patio, so long as the same meets first class standards consistent with the Project and other Comparable 4863-1545-4581.10373382.00003/11-17-23/spm -6- CROSSING/900Sixth Amendment to Office Lease[Box, Inc.]Terrace.

Appears in 1 contract

Samples: CTN Media Group Inc

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