Common use of Terrace Clause in Contracts

Terrace. Tenant shall have the right to use, on a non-exclusive basis and in common with others, the furnished terrace on the fourth (4th) floor of the Building (the “Terrace”) subject to Tenant abiding by such rules and regulations as Landlord shall from time to time impose, which Terrace shall, for purposes of this Lease, be deemed to be Common Areas. Landlord shall provide to Tenant free access to wireless internet on the Terrace. Tenant may use the Terrace after hours subject to approval from the Landlord and may be charged a fee in connection with such use. (a) The Terrace shall be used by Tenant in a manner consistent with a first-class office project containing terraces, on the terms and conditions set forth herein. Tenant shall not make any improvements or alterations to the Terrace, nor shall Tenant be permitted to install or place on the Terrace any furniture, fixtures, plants or other items of any kind whatsoever. Tenant shall not be permitted to display any graphics, signs or insignias or similar such items on the Terrace. Landlord shall have the right to temporarily close, or limit access to, the Terrace from time to time in connection with Terrace or Building repairs and/or for other reasonable purposes. (b) Tenant acknowledges and agrees that (i) Tenant shall be responsible for supervising and controlling access to the Terrace by Tenant’s employees, officers, directors, shareholders, agents, representatives, contractors and/or invitees (the “Terrace Users”); (ii) Landlord is not responsible for supervising and controlling access to the Terrace; and (iii) Tenant assumes the risk for any loss, claim, damage or liability arising out of the use or misuse of the Terrace by Tenant’s Terrace Users, and Tenant releases and discharges Landlord from and against any such losses, claim, damage or liability. Tenant further agrees to indemnify, defend and hold Landlord and Landlord’s Representatives harmless from and against any and all losses and claims relating to or arising out of the use or misuse of the Terrace by Tenant or Tenant’s Terrace Users. (c) Tenant further acknowledges and agrees that other tenants’ Terrace Users may or shall have access to the Terrace and that Landlord shall have no liability or responsibility to monitor the use, or manner of use, thereof by Tenant’s or any other tenants’ Terrace Users. Notwithstanding the foregoing, Tenant shall at all times cooperate on a commercially reasonable basis with any other Terrace Users in order to avoid conflict with such users.

Terrace. (a) During the term of this Lease, but only during such portion of the Term that the entire 20th Floor Premises is part of the Premises, and only to the extent permitted by, in compliance with, and subject to, (i) all applicable Laws and (ii) the requirements of the insurance companies insuring Landlord’s interest in the Building, and subject to the reasonable rules and regulations of Landlord (which shall include, but not be limited to, the Building Rules and Regulations and such other rules and regulations that in Landlord’s reasonable opinion, minimize risk of injury or damage to persons and property or that involve avoiding increases in the premiums charged to Landlord by such insurance companies, unless Tenant shall have pays for such increases in the right premiums charged to useLandlord), Tenant may, at its sole cost and expense, on a non-an exclusive basis (subject to Landlord’s access in accordance with this Lease including, without limitation, this Section 9.23(a) and in common Section 4.03 hereof) use (together with others, its employees and business guests) the furnished terrace roof set-back of the Building on the fourth (4th) 20th floor of the Building (such portions of the Building being hereinafter referred to as the “TerraceTerrace Area”) for all purposes permitted by Laws, subject to Tenant abiding procuring, at its sole cost and expense, any permits or approvals required by applicable Laws, prior to any such use. For the purposes of the preceding sentence, “requirements of the insurance companies insuring Landlord’s interest in the Building” shall include the suggestions of such insurance companies that involve minimizing risk of injury or damage to persons and property or that involve avoiding increases in the premiums charged to Landlord by such rules and regulations insurance companies (unless Tenant pays for such increases in the premiums charged to Landlord). To the extent that the premiums charged by such insurance companies are increased as Landlord a result of the use of the Terrace Area, Tenant shall pay to Landlord, as Additional Charges, the amount of such increases within thirty (30) days after Landlord’s written demand therefor from time to time imposetime. If, which Terrace shalland to the extent, that Landlord’s insurance policies for purposes of this Leasethe Building will not include, be deemed or exclude, liability and damage relating to be Common Areas. Landlord shall provide to Tenant free access to wireless internet on the Terrace. Tenant may use the Terrace after hours subject to approval from Area (or other portions of the Landlord and may be charged Building) as a fee in connection with such use. (a) The Terrace shall be used by Tenant in a manner consistent with a first-class office project containing terraces, on result of the terms and conditions set forth herein. Tenant shall not make any improvements or alterations to the Terrace, nor shall Tenant be permitted to install or place on use of the Terrace any furnitureArea, fixtures, plants or other items of any kind whatsoever. Tenant shall not be permitted to display any graphics, signs or insignias or similar such items on the Terrace. Landlord shall have the right to temporarily close, or limit access to, use the Terrace from time to time in connection with Terrace or Building repairs and/or for other reasonable purposesArea. (b) Tenant acknowledges and agrees that (i) Tenant shall be responsible and liable for supervising access and controlling access to for all matters arising in connection with the Terrace by Area. Tenant shall, subject to Section 9.23(a) above and the other applicable provisions of this Lease, install, at Tenant’s employeessole cost and expense, officers, directors, shareholders, agents, representatives, contractors and/or invitees (the “Terrace Users”); (ii) Landlord reasonable security devices and systems to insure that there is not responsible for supervising and controlling access to the Terrace; and (iii) Tenant assumes the risk for any loss, claim, damage or liability arising out of the no unauthorized use or misuse of the Terrace by Tenant’s Area. Neither Landlord, nor any of its agents or employees, shall be liable for any damage to, or theft of, any materials, supplies or other property, nor for any injury or damage to persons, in connection with, resulting from, or relating to, such access and such use of the Terrace UsersArea, except to the extent arising from the gross negligence or willful misconduct of Landlord. In addition, the use of the Terrace Area shall in no way unreasonably interfere with or disturb the operation or maintenance of the Building or the other tenants and Tenant releases occupants of the Building or their use and discharges Landlord from and against any such losses, claim, damage or liabilityoccupancy thereof. Tenant further agrees shall take all necessary steps to indemnifyminimize noise emanating from the Terrace Area and in no event shall Tenant permit music (live or recorded) or other amplified sounds to be played, defend performed or made on or from the Terrace Area or permit any smoking within or about the Terrace Area. Subject to Section 7.03 hereof, Tenant shall indemnify and hold Landlord Landlord, its agents and Landlord’s Representatives harmless employees, harmless, from and against any and all losses actions, proceedings, liabilities, obligations, claims, damages, deficiencies, losses, judgments, suits, expenses and claims costs (including, without limitation reasonable legal fees and disbursements) in connection with, resulting from, or relating to or arising out of to, the use or misuse of the Terrace Area except to the extent caused by the gross negligence or willful misconduct of Landlord. Tenant shall not directly or indirectly, or by operation of law, or otherwise, assign (except pursuant to an assignment of this Lease) or otherwise transfer its rights to use the Terrace Area or allow any other person or entity use the Terrace Area or any portion thereof. Nothing contained in this Section 9.23 or elsewhere in this Lease shall be deemed to grant Tenant (or any person claiming by, through or under Tenant) a leasehold interest in the Terrace Area. Tenant’s use of the Terrace Area is a license, and shall be subject to Section 713, Paragraph 7 of the New York Real Property Actions and Proceedings Law and all other applicable Laws. On or before the Expiration Date or sooner termination or expiration of the term of this Lease or of such license, or the sooner date on which the entire 20th Floor Premises is no longer part of the Premises, Tenant shall immediately remove from the Terrace Area all of its property and repair any and all damage to the Terrace Area occurring during, or by reason of, the use thereof by Tenant or by any other person or entity claiming by, through or under Tenant, and to all other portions of the Building caused by its use of the Terrace Area or such removal. If for any reason Landlord is prohibited or prevented from permitting Tenant to use the Terrace Area, including, without limitation, a fire or other casualty to any portion of the Building, or on account of any rule, order or regulation of any federal, state, county or municipal authority or any department, subdivision or agency thereof, or any other legal or insurance requirement, including, without limitation, applicable Laws (including zoning laws), Tenant’s right to use the Terrace UsersArea shall be terminated and revoked, and Tenant, within three (3) Business Days after Landlord’s written request, shall remove from the Terrace Area all of its property, repair any and all damage to the Terrace Area and to all other portions of the Building caused by its use of the Terrace Area or such removal, and Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or abatement of any Rent under this Lease, nor shall such revocation or termination be deemed a constructive or actual eviction from any portion of the Premises. Tenant, at Tenant’s sole cost and expense, shall maintain and promptly repair all damage to the Terrace Area and other portions of the Building caused by Tenant’s use of the Terrace Area, including, without limitation, moving and removing materials, supplies and other property to and from the Terrace Area. Tenant hereby acknowledges that Tenant has not relied upon any representation or warranty, express or implied, in connection with the Terrace Area and that Landlord has made no such representations or warranties, including, without limitation, any representation or warranty as to whether the Terrace Area is suitable for Tenant’s use or whether the Terrace Area can be legally used for the purposes described herein. Tenant shall use the Terrace Area in its then “as-is” condition, Tenant hereby agreeing that Landlord shall not be obligated to perform any alterations, repairs, improvements, remediation, compliance with Laws or other work whatsoever in connection with Tenant’s use of the Terrace Area. Tenant has fully inspected the Terrace Area, is fully familiar with the condition thereof. Except for purely decorative planters, notwithstanding anything contained in this subsection to the contrary, Tenant shall not be permitted to make any alterations or improvements, or perform any other work whatsoever, in or to the Terrace Area, without Landlord’s prior written consent in each instance. During Tenant’s use of the Terrace Area, the insurance that Tenant is required to maintain under Article 7 above shall include the Terrace Area. (c) Tenant further acknowledges All of Landlord’s rights under Section 4.03 of this Lease with respect to the Premises shall apply to the Terrace Area. If at any time during the Term, Tenant’s right to use the Terrace Area terminates, ends or is revoked, then Landlord have the right, at its sole discretion, to the extent permitted by, and agrees that other tenants’ Terrace Users may or shall have subject to, (a) all applicable Laws, and (b) the requirements of the insurance companies insuring Landlord’s interest in the Building, to close off any access to the Terrace and that Landlord Area from the Premises. (d) The rights granted under this Section 9.23 shall have no liability or responsibility be personal to monitor Tenant Named Herein; provided, however, Tenant may allow the use, or manner of use, thereof Terrace Area to be used by Tenant’s or Affiliates and Desk Space Users occupying the 20th Floor Premises, as well as any other tenants’ permitted subtenant subletting the 20th Floor Premises. In connection with such use of the Terrace Users. Notwithstanding the foregoingArea by Tenant’s permitted subtenant, Tenant shall at all times cooperate may install dividers on a commercially reasonable basis with any other the Terrace Users Area, subject to (i) the provisions of this Lease (including, without limitation, Article 4) and (ii) the requirements of the insurance companies insuring Landlord’s interest in order to avoid conflict with such usersthe Building.

Terrace. 44.01 Landlord represents that the Terrace Area has a live load capacity of 100 pounds per square foot. During the term of this lease, but only during such portion of the term that the entire rentable area of the 19th Floor is part of the Demised Premises, and only to the extent permitted by, and subject to, (a) all applicable laws and/or requirements of public authorities, and (b) the requirements of the insurance companies insuring Landlord's interest in the Building, and subject to the reasonable rules and regulations of Landlord (which shall include, but not be limited to, rules and regulations that in Landlord's reasonable opinion, minimize risk of injury or damage to persons and property or that involve avoiding increases in the premiums charged to Landlord by such insurance companies (unless such increases are paid by Tenant)), Tenant shall have may, at its sole cost and expense, but without charge therefor by Landlord (except as otherwise provided in this Article), use the right to use, on a non-exclusive basis and in common with others, the furnished terrace located on the fourth 19th Floor, substantially where shown in hatching on Exhibit I hereto (4thwhich by this reference is made a part hereof) floor (such portion of the Building (being hereinafter referred to as the “Terrace”"TERRACE AREA") subject for the placement of, and sitting on, chairs, for eating, reading and lounging, and for the placement of plants and planters, and for no other purpose. For the purposes of the preceding sentence, "requirements of the insurance companies insuring Landlord's interest in the Building" shall include the suggestions of such insurance companies that involve minimizing risk of injury or damage to Tenant abiding persons and property or that involve avoiding increases in the premiums charged to Landlord by such rules and regulations insurance companies. To the extent that the premiums charged by such insurance companies are increased as Landlord a result of the use of the Terrace Area, Tenant shall pay to Landlord, as additional rent, the amount of such increases within fifteen (15) days after Landlord's demand therefor from time to time imposetime. If, which Terrace shalland to the extent, that Landlord's insurance policies for purposes of this Leasethe Building will not include, be deemed or exclude, liability and damage relating to be Common Areas. Landlord shall provide to Tenant free access to wireless internet on the Terrace. Tenant may use the Terrace after hours subject to approval from Area (or other portions of the Landlord and may be charged Building) as a fee in connection with such use. (a) The Terrace shall be used by Tenant in a manner consistent with a first-class office project containing terraces, on result of the terms and conditions set forth herein. Tenant shall not make any improvements or alterations to the Terrace, nor shall Tenant be permitted to install or place on mere use of the Terrace any furnitureArea, fixtures, plants or other items of any kind whatsoever. Tenant shall not be permitted to display any graphics, signs or insignias or similar such items on use the TerraceTerrace Area. Landlord shall have the right to temporarily close, or limit access to, represents that the Terrace from time to time in connection with Terrace or Building repairs and/or for other reasonable purposesArea has a live load capacity of 100 pounds per square foot. (b) Tenant acknowledges and agrees that (i) 44.02 Tenant shall be responsible and liable for supervising such access and controlling access to for all persons using the Terrace by Area, including, subject to Section 42.01 above and the other applicable provisions of this lease, the installation, at Tenant’s employees's sole cost and expense, officers, directors, shareholders, agents, representatives, contractors and/or invitees (the “Terrace Users”); (ii) Landlord of reasonable security devices and systems to insure that there is not responsible for supervising and controlling access to the Terrace; and (iii) Tenant assumes the risk for any loss, claim, damage or liability arising out of the no unauthorized use or misuse of the Terrace by Tenant’s Area. Neither Landlord, nor any of its agents or employees, shall be liable for any damage to, or theft of, any materials, supplies or other property, nor for any injury or damage to persons, in connection with, resulting from, or relating to, such access and such use of the Terrace UsersArea. In addition, the use of the Terrace Area shall in no way interfere with or disturb the operation or maintenance of the Building or the other tenants and Tenant releases occupants of the Building or their use and discharges Landlord from and against any such losses, claim, damage or liabilityoccupancy thereof. Tenant further agrees shall take all necessary steps to indemnifyminimize noise emanating from the Terrace Area and in no event shall Tenant permit music (live or recorded) or other amplified sounds to be played, defend performed or made on or from the Terrace Area. Tenant shall indemnify and hold Landlord Landlord, its agents and Landlord’s Representatives harmless employees, harmless, from and against any and all losses actions, proceedings, liabilities, obligations, claims, damages, deficiencies, losses, judgments, suits, expenses and claims costs (including, without limitation reasonable legal fees and disbursements) in connection with, resulting from, or relating to or arising out of to, the use or misuse of the Terrace Area. Except for an assignment of all of Tenant's rights, title and interest in and to this lease in accordance with, and subject to, the applicable provisions of this lease, Tenant shall not directly or indirectly, or by operation of law, or otherwise, assign or otherwise transfer its rights to use the Terrace Area or let any other person or entity (other than Tenant's employees and business invitees and permitted subtenants of the 19th Floor) use the Terrace Area or any portion thereof. Nothing contained in this Article or elsewhere shall be deemed to grant Tenant (or any person claiming by, through or under Tenant) a leasehold interest in the Terrace Area. Tenant's use of the Terrace Area is a license, and shall be subject to Section 713, Paragraph 7 of the New York Real Property Actions and Proceedings Law and all other applicable laws. On or before the Expiration Date or sooner termination or expiration of the term of this lease or of such license, or the sooner date on which the entire rentable area of the 19th Floor is no longer a part of the Demised Premises, Tenant shall remove from the Terrace Area all of its property and repair any and all damage (other than ordinary wear and tear and damage for which Tenant is not responsible hereunder) to the Terrace Area occurring during, or by reason of, the use thereof by Tenant or by any other person or entity claiming by, through or under Tenant’s , and to all other portions of the Building caused by its use of the Terrace Users. Area or such removal. If for any reason Landlord is prohibited or prevented from permitting Tenant to use the Terrace Area, including, without limitation, a fire or other casualty to any portion of the Building, or on account of any rule, order or regulation of any federal, state, county or municipal authority or any department, subdivision or agency thereof, or any other legal or insurance requirement, including, without limitation, applicable zoning laws, then, for so long as Landlord is so prohibited or prevented, Tenant's right to use the Terrace Area shall be terminated and revoked, permanently or temporarily, as the case may be, and Tenant, within three (c3) business days after Landlord's written request, shall remove from the Terrace Area all of its property, repair any and all damage (other than ordinary wear and tear and damage for which Tenant further acknowledges and agrees that other tenants’ Terrace Users may or shall have access is not responsible hereunder) to the Terrace Area and to all other portions of the Building caused by its use of the Terrace Area or such removal, and Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or abatement of the rent or additional rent under this lease, nor shall such revocation or termination be deemed a constructive or actual eviction from any portion of the Demised Premises. Tenant, at Tenant's sole cost and expense, shall promptly repair all damage (other than ordinary wear and tear and damage for which Tenant is not responsible hereunder) to the Terrace Area and other portions of the Building caused by Tenant's use of the Terrace Area, including, without limitation, moving and removing materials, supplies and other property to and from the Terrace Area. In addition, Tenant shall use the Terrace Area in compliance with, and subject, all applicable laws and/or requirements of public authorities and all requirements of insurance bodies. Tenant hereby acknowledges that Tenant has not relied upon any representation or warranty, express or implied, in connection with the Terrace Area and that Landlord has made no such representations or warranties, including, without limitation, any representation or warranty as to whether the Terrace Area is suitable for Tenant's use or whether the Terrace Area can be legally used for the purposes described herein. Tenant shall use the Terrace Area in its then as-is condition, Tenant hereby agreeing that Landlord shall not be obligated to perform any alterations, repairs, improvements, remediation, compliance with laws or other work whatsoever in connection with Tenant's use of the Terrace Area, other than performing any work required for the Terrace Area to have no liability or responsibility a live load capacity of 100 pounds per square foot and for the Terrace Area otherwise to monitor remain structurally sound. Tenant has fully inspected the useTerrace Area, or manner of use, thereof by Tenant’s or any other tenants’ Terrace Usersis fully familiar with the condition thereof. Notwithstanding anything contained in this subsection to the foregoingcontrary, Tenant shall at all times cooperate on a commercially reasonable basis with not be permitted to make any alterations or improvements, or perform any other work whatsoever, in or to the Terrace Users Area, without Landlord's prior written consent in order each instance, except that Tenant may make Nonstructural Changes to avoid conflict with the Terrace Area in accordance with, and subject to, the provisions of Article 13 and 14, as if the Terrace Area were a part of the Demised Premises, except that none of such users.Nonstructural Changes shall be deemed a Permitted Nonstructural Change, and all installations and improvements to the Terrace Area shall be deemed Specialty Installations. During Tenant's use of the Terrace Area, the insurance that Tenant is required to maintain under Article 11 above shall include the Terrace Area. Tenant shall not be obligated to make any structural repairs to the Terrace Area except those (subject to the provisions of Section 123