Common use of Use of Common Area Clause in Contracts

Use of Common Area. Tenant shall, and shall cause its guests, invitees, customers, service-providers, and licensees (collectively, “Tenant’s Invitees”) to, comply with all rules and regulations regarding the Common Area as Landlord may from time to rime reasonably adopt. Landlord need not enforce the rules and regulations against other tenants of the Project, but if Landlord enforces such rules, it must do so in a non-discriminatory manner. Tenant may not store any property in the Common Area, whether temporarily or permanently (except that Tenant may locate its generator on the generator pad to be located in the Common Area and designated by Landlord for Tenant’s use and, subject to reasonable approval of Landlord and the other tenant(s) of the Project, establish a reception desk in the lobby area of the Building). Any property stored in the Common Area in violation of the foregoing may be removed by Landlord and disposed of, and the cost of such removal, storage, and disposal is payable by Tenant on demand. Additionally, in no event may Tenant use any portion of the Common Area for loading, unloading, or parking, except in those areas specifically designated by Landlord for such purposes, nor for any sidewalk sale, advertising, or other commercial purpose. Tenant acknowledges the unique nature of the Common Area lobby. Although Tenant’s use of such special Common Area is subject to Landlord’s rules and regulations, Tenant recognizes that it may suffer conflicts with other tenant(s) within the Project. The intent of parties is that the lobby will allow for each tenant of the Project to locate its own employee for reception purposes or to make its own arrangements (of which Landlord will have no involvement) with the other tenant(s) of the Project for shared reception personnel. Tenant acknowledges that it specifically negotiated for the opportunity to have such special Common Area for its own economic purposes; and Tenant assumes all liabilities and obligations and claims arising out of the shared use of the Common Area (and Tenant waives any rights or claims or actions it may have against Landlord on account of any losses, liabilities, or damages suffered by Tenant in connection with the shared use of the Common Area) other than as caused by Landlord’s gross negligence or willful conduct. The preceding sentence is not to be interpreted as creating any indemnity obligation by Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Phenomix CORP), Sublease Agreement (Anadys Pharmaceuticals Inc)

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Use of Common Area. Tenant shallLandlord agrees to cause to be operated, managed and maintained during the Term all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and shall cause its guestsstairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers, invitees, customersand the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, service-providersin common with all others to whom Landlord has or may hereafter grant rights to use the same (including, and licensees (collectively, “Tenant’s Invitees”) but not limited to, comply with all the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations regarding for the Common Area use thereof which will be uniformly applicable to all Shopping Center tenants as Landlord may prescribed from time to rime reasonably adopttime by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord need not for that purpose. Tenant covenants that it will enforce the rules and regulations against other tenants parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the Project, but if Landlord enforces such rules, it must do so event any vehicle is parked by an employee of Tenant in a non-discriminatory manner. Tenant may not store any property in employee parking area, Landlord shall have the Common Area, whether temporarily or permanently (except that Tenant may locate its generator on right to cause the generator pad vehicle to be located in the Common Area and towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for Tenant’s use andall towing charges. TENANT FURTHER AGREES TO HOLD HARMLESS LANDLORD AND DEFEND LANDLORD, subject ITS AGENTS AND EMPLOYEES AGAINST ANY AND ALL CLAIMS OF THE EMPLOYEE AND/OR OWNER OF THE VEHICLE TOWED. Landlord may at any time close temporarily any common area to reasonable approval make repairs or changes, to prevent the acquisition of public rights in such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the Leased Premises. In addition, Landlord may modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, displays and charitable activities and may do such other acts in and to the common areas as in its judgment may be desirable to improve the convenience or attraction thereof. Landlord agrees to maintain all common areas of the Shopping Center in good order, condition and repair and in a safe, clean, sightly and sanitary condition in accordance with good and accepted shopping center practices. The maintenance obligations of Landlord shall include, without limitation, the re-striping of parking areas when required, repairing of common areas and the other tenant(sadequate lighting of all exterior common areas during all hours of darkness during which Tenant shall be open for business and for one (1) of the Project, establish a reception desk in the lobby area of the Building). Any property stored in the Common Area in violation of the foregoing may be removed by Landlord and disposed of, and the cost of such removal, storage, and disposal is payable by Tenant on demand. Additionally, in no event may Tenant use any portion of the Common Area for loading, unloading, or parking, except in those areas specifically designated by Landlord for such purposes, nor for any sidewalk sale, advertising, or other commercial purpose. Tenant acknowledges the unique nature of the Common Area lobby. Although Tenant’s use of such special Common Area is subject to Landlord’s rules and regulations, Tenant recognizes that it may suffer conflicts with other tenant(s) within the Project. The intent of parties is that the lobby will allow for each tenant of the Project to locate its own employee for reception purposes or to make its own arrangements (of which Landlord will have no involvement) with the other tenant(s) of the Project for shared reception personnel. Tenant acknowledges that it specifically negotiated for the opportunity to have such special Common Area for its own economic purposes; and Tenant assumes all liabilities and obligations and claims arising out of the shared use of the Common Area (and Tenant waives any rights or claims or actions it may have against Landlord on account of any losses, liabilities, or damages suffered by Tenant in connection with the shared use of the Common Area) other than as caused by Landlord’s gross negligence or willful conduct. The preceding sentence is not to be interpreted as creating any indemnity obligation by Tenanthour thereafter.

Appears in 2 contracts

Samples: Lease (Play Co Toys & Entertainment Corp), Lease (Play Co Toys & Entertainment Corp)

Use of Common Area. Tenant shallLandlord agrees to cause to be operated, managed and maintained during the term of this Lease all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and shall cause its guestsstairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers, invitees, customersand the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, service-providersin common with all others to whom Landlord has or may hereafter grant rights to use the same (including, and licensees (collectively, “Tenant’s Invitees”) but not limited to, comply with all the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations regarding for the Common Area use thereof which will be uniformly applicable to all Shopping Center tenants, as Landlord may prescribed from time to rime reasonably adopttime by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord need not for that purpose. Tenant covenants that it will enforce the rules and regulations against other tenants parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the Project, but if Landlord enforces such rules, it must do so event any vehicle is parked by an employee of Tenant in a non-discriminatory manner. Tenant may not store any property in employee parking area, Landlord shall have the Common Area, whether temporarily or permanently (except that Tenant may locate its generator on right to cause the generator pad vehicle to be located in the Common Area and towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for Tenant’s use and, subject all towing charges. Tenant further agrees to reasonable approval of hold harmless and defend Landlord and the other tenant(s) its agents and employees against any and all claims of the Project, establish a reception desk in the lobby area employee and/or owner of the Building)vehicle towed. Any property stored in Landlord may, at any time, close temporarily any common area to make repairs or changes, to prevent the Common Area in violation acquisition of public rights to such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the foregoing Leased Premises. In addition, Landlord may modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, displays and charitable activities and do such other acts in and to the common areas as, in its judgment, may be removed by Landlord and disposed of, and desirable to improve the cost of such removal, storage, and disposal is payable by Tenant on demand. Additionally, in no event may Tenant use any portion of the Common Area for loading, unloading, convenience or parking, except in those areas specifically designated by Landlord for such purposes, nor for any sidewalk sale, advertising, or other commercial purpose. Tenant acknowledges the unique nature of the Common Area lobby. Although Tenant’s use of such special Common Area is subject to Landlord’s rules and regulations, Tenant recognizes that it may suffer conflicts with other tenant(s) within the Project. The intent of parties is that the lobby will allow for each tenant of the Project to locate its own employee for reception purposes or to make its own arrangements (of which Landlord will have no involvement) with the other tenant(s) of the Project for shared reception personnel. Tenant acknowledges that it specifically negotiated for the opportunity to have such special Common Area for its own economic purposes; and Tenant assumes all liabilities and obligations and claims arising out of the shared use of the Common Area (and Tenant waives any rights or claims or actions it may have against Landlord on account of any losses, liabilities, or damages suffered by Tenant in connection with the shared use of the Common Area) other than as caused by Landlord’s gross negligence or willful conduct. The preceding sentence is not to be interpreted as creating any indemnity obligation by Tenant.attraction

Appears in 2 contracts

Samples: Lease (Play Co Toys & Entertainment Corp), Lease (Play Co Toys & Entertainment Corp)

Use of Common Area. Tenant shall, and shall cause its guests, Tenant's business invitees, customersemployees and customers shall have the nonexclusive rights, service-providersin common with landlord and all others to whom landlord has granted to or may hereafter grant rights, and licensees (collectively, “Tenant’s Invitees”) to, comply with all rules and regulations regarding to use the Common Area Area, subject to such reasonable regulations as Landlord landlord may from time to rime reasonably adopttime impose and the rights of landlord set forth above. Landlord need not enforce Tenant shall pay landlord, upon demand, $9.00 for each day on which a car of Tenant or a concessionaire, employee or agent of Tenant is parked outside any area designated by the parking areas adjacent to the Building for Tenant's employees, agents and concessionaires. Tenant authorizes landlord to cause any such car to be towed from the Building and Tenant shall reimburse landlord for the cost thereof upon demand, and otherwise indemnify and hold landlord harmless with respect thereto. Tenant shall abide by all reasonable rules and regulations against other tenants of the Project, but if Landlord enforces such rules, it must do so in a non-discriminatory manner. Tenant may not store any property in the Common Area, whether temporarily or permanently (except that Tenant may locate its generator on the generator pad established by landlord and delivered to be located in the Common Area and designated by Landlord for Tenant’s use and, subject to reasonable approval of Landlord and the other tenant(s) of the Project, establish a reception desk in the lobby area of the Building). Any property stored in the Common Area in violation of the foregoing may be removed by Landlord and disposed of, and the cost of such removalcause its concessionaires, storageofficers, employees, agents, customers, and disposal is payable by Tenant on demandinvitees to abide thereby. Additionally, in no event landlord may Tenant use at any portion time close temporarily all or any part of the Common Area for loadingto make repairs or changes to prevent the acquisition of the public rights therein, unloadingto discourage non-customer parking, or parking, except in those areas specifically designated by Landlord for such purposes, nor for any sidewalk sale, advertising, or other commercial reasonable purpose. Tenant acknowledges the unique nature shall furnish landlord license numbers and descriptions of the Common Area lobbycars used by Tenant and its concessionaires, officers and employees. Although Tenant’s use of such special Common Area is subject to Landlord’s rules and regulations, Tenant recognizes that it may suffer conflicts with other tenant(s) within the Project. The intent of parties is that the lobby will allow for each tenant of the Project to locate its own employee for reception purposes or to make its own arrangements (of which Landlord will have no involvement) shall not interfere with the other tenant(s) of the Project for shared reception personnel. Tenant acknowledges that it specifically negotiated for the opportunity Tenant's rights to have such special Common Area for its own economic purposes; and Tenant assumes all liabilities and obligations and claims arising out of the shared use of the Common Area (and Tenant waives any rights or claims or actions it may have against Landlord on account of any losses, liabilities, or damages suffered by Tenant in connection with the shared use part of the Common Area) other than as caused by Landlord’s gross negligence or willful conduct. The preceding sentence is not to be interpreted as creating any indemnity obligation by Tenant.

Appears in 2 contracts

Samples: Lease Agreement (TotalMed Systems, Inc.), Lease Agreement (TotalMed Systems, Inc.)

Use of Common Area. Subject to the provisions of this Section, Tenant shalland its employees and invitees are authorized, empowered and privileged to use the Common Area. Tenant and its employees shall cause its guests, invitees, customers, service-providers, and licensees (collectively, “Tenant’s Invitees”) to, comply with all rules and regulations regarding have the right to use the Common Area for access to the Premises at all times and Tenant's customers shall have such right during all hours that Tenant is open for the conduct of business. Notwithstanding the foregoing and subject to Section 8.3, Landlord shall have the right to use the Common Areas for special events, during which use Tenant shall remain open for business unless such use prohibits or materially impairs (i.e., place or locate any physical barrier (whether permanent or temporary; e.g., a stage, crowd-control ropes, booths, kiosks, special event sound or lighting equipment, etc.), in such a manner as Landlord may from time to rime reasonably adoptmake it difficult and/or dangerous to gain) access to the Premises by Project patrons (excluding event guest patronage of and use of Tenant's Premises) in which case, Tenant shall have the right to close for business for the duration of the event. Landlord need not enforce agrees to construct, or cause to be constructed, the rules Common Area generally upon the areas shown on Exhibit A and regulations against shall maintain and operate, or cause to be maintained and operated (except as hereinafter provided with reference to cost of maintenance) in a first-class condition and repair, said Common Area at all times following completion thereof for the non-exclusive benefit and use of the customers and patrons of Tenant, and of other tenants tenants, owners and occupants of the Project, but if Landlord enforces such rules, it must do so . All expenses in a non-discriminatory manner. Tenant may not store any property in connection with the Common Area, whether temporarily or permanently (except that Tenant may locate its generator on the generator pad to be located in the Common Area original construction and designated by Landlord for Tenant’s use and, subject to reasonable approval of Landlord and the other tenant(s) of the Project, establish a reception desk in the lobby area of the Building). Any property stored in the Common Area in violation of the foregoing may be removed by Landlord and disposed of, and the cost of such removal, storage, and disposal is payable by Tenant on demand. Additionally, in no event may Tenant use any portion installation of the Common Area for loadingshall be at the sole cost and expense of Landlord and shall not be charged to Tenant. Landlord shall, unloadingin a manner consistent with other facilities within Universal City, keep, or parkingcause to be kept, except said Common Area in those areas specifically designated by Landlord for such purposesa neat, nor for any sidewalk saleclean and orderly condition, advertisingproperly lighted and landscaped, and repair and maintain (or replace, if necessary) all equipment and facilities thereof. Subject to CityWalk Management approval and provided that there is no interference with ingress or egress to and from other commercial purpose. Tenant acknowledges tenant spaces or with pedestrian traffic in the unique nature of common areas, Tenant's customers shall be allowed to queue in the Common Area lobby. Although Tenant’s Areas for the purchasing of tickets and waiting for the use of such special Common Area is subject available simulator rides. Landlord shall have the right to approve, in Landlord’s rules and regulations's sole discretion, Tenant recognizes that it may suffer conflicts with other tenant(s) within the Project. The intent of parties is that the lobby will allow for each tenant of the Project Tenant's request to locate its own employee for reception purposes place an actual or to make its own arrangements (of which Landlord will have no involvement) with the other tenant(s) of the Project for shared reception personnel. Tenant acknowledges that it specifically negotiated for the opportunity to have such special Common Area for its own economic purposes; and Tenant assumes all liabilities and obligations and claims arising out of the shared use of model NASCAR stockcar in the Common Area (and Tenant waives any rights or claims or actions it may have against Landlord on account of any losses, liabilities, or damages suffered by Tenant in connection with Areas fronting the shared use of the Common Area) other than as caused by Landlord’s gross negligence or willful conduct. The preceding sentence is not to be interpreted as creating any indemnity obligation by TenantPremises.

Appears in 2 contracts

Samples: Silicon Entertainment Inc /Ca/, Silicon Entertainment Inc /Ca/

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Use of Common Area. Tenant shallLandlord agrees to cause to be operated, managed and maintained during the Term all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and shall cause its guestsstairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers, invitees, customersand the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, service-providersin common with all others to whom Landlord has or may hereafter grant rights to use the same (including, and licensees (collectively, “Tenant’s Invitees”) but not limited to, comply with all the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations regarding for the Common Area use thereof which will be uniformly applicable to all Shopping Center tenants as Landlord may prescribed from time to rime reasonably adopttime by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord need not for that purpose. Tenant covenants that it will enforce the rules and regulations against other tenants parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the Project, but if Landlord enforces such rules, it must do so event any vehicle is parked by an employee of Tenant in a non-discriminatory manner. Tenant may not store any property in employee parking area, Landlord shall have the Common Area, whether temporarily or permanently (except that Tenant may locate its generator on right to cause the generator pad vehicle to be located in the Common Area and towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for Tenant’s use andall towing charges. Tenant further agrees to hold harmless Landlord and defend Landlord, subject its agents and employees against any and all claims of the employee and/or owner of the vehicle towed. Landlord may at any time close temporarily any common area to reasonable approval make repairs or changes, to prevent the acquisition of public rights in such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the Leased Premises. In addition, Landlord may modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, displays and charitable activities and may do such other acts in and to the common areas as in its judgment may be desirable to improve the convenience or attraction thereof. Landlord agrees to maintain all common areas of the Shopping Center in good order, condition and repair and in a safe, clean, sightly and sanitary condition in accordance with good and accepted shopping center practices. The maintenance obligations of Landlord shall include, without limitation, the re-striping of parking areas when required, repairing of common areas and the other tenant(sadequate lighting of all exterior common areas during all hours of darkness during which Tenant shall be open for business and for one (1) of the Project, establish a reception desk in the lobby area of the Building). Any property stored in the Common Area in violation of the foregoing may be removed by Landlord and disposed of, and the cost of such removal, storage, and disposal is payable by Tenant on demand. Additionally, in no event may Tenant use any portion of the Common Area for loading, unloading, or parking, except in those areas specifically designated by Landlord for such purposes, nor for any sidewalk sale, advertising, or other commercial purpose. Tenant acknowledges the unique nature of the Common Area lobby. Although Tenant’s use of such special Common Area is subject to Landlord’s rules and regulations, Tenant recognizes that it may suffer conflicts with other tenant(s) within the Project. The intent of parties is that the lobby will allow for each tenant of the Project to locate its own employee for reception purposes or to make its own arrangements (of which Landlord will have no involvement) with the other tenant(s) of the Project for shared reception personnel. Tenant acknowledges that it specifically negotiated for the opportunity to have such special Common Area for its own economic purposes; and Tenant assumes all liabilities and obligations and claims arising out of the shared use of the Common Area (and Tenant waives any rights or claims or actions it may have against Landlord on account of any losses, liabilities, or damages suffered by Tenant in connection with the shared use of the Common Area) other than as caused by Landlord’s gross negligence or willful conduct. The preceding sentence is not to be interpreted as creating any indemnity obligation by Tenanthour thereafter.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Use of Common Area. Tenant shallLandlord agrees to cause to be operated, managed and maintained during the Term all of the common areas of the Shopping Center. The term "common areas" shall mean the parking areas, pedestrian sidewalks and bridges, mall areas, truckways, loading docks, delivery areas, park areas, elevators and escalators and stairs not contained in leased areas, public rest rooms and comfort stations, if any, and all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers and invitees and other licensees of Landlord, including, without limitation, all roads and driveways serving the Retail Development which are operated, maintained or repaired by Landlord or at Landlord's expense. The use and occupancy by Tenant of the Leased Premises shall cause its guestsinclude the non-exclusive use, inviteesin common with all others to whom Landlord has or may hereafter grant rights to use the same (including, customers, service-providers, and licensees (collectively, “Tenant’s Invitees”) but not limited to, comply with all the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations regarding for the Common Area use thereof as Landlord may prescribed from time to rime reasonably adopttime by Landlord. Landlord need may at any time close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights in such areas and to discourage non-customer use, provided Landlord shall use its best efforts not enforce to unreasonably interfere with Tenant's conduct of business. In addition Landlord may modify, from time to time, the rules traffic flow pattern and regulations against other tenants layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the Projectcommon areas for entertainment, but if Landlord enforces programs and displays and do such rules, it must do so other acts in a non-discriminatory manner. Tenant may not store any property and to the common areas as in the Common Area, whether temporarily or permanently (except that Tenant may locate its generator on the generator pad to be located in the Common Area and designated by Landlord for Tenant’s use and, subject to reasonable approval of Landlord and the other tenant(s) of the Project, establish a reception desk in the lobby area of the Building). Any property stored in the Common Area in violation of the foregoing judgment may be removed by Landlord and disposed of, and the cost of such removal, storage, and disposal is payable by Tenant on demand. Additionally, in no event may Tenant use any portion of the Common Area for loading, unloading, or parking, except in those areas specifically designated by Landlord for such purposes, nor for any sidewalk sale, advertising, or other commercial purpose. Tenant acknowledges the unique nature of the Common Area lobby. Although Tenant’s use of such special Common Area is subject to Landlord’s rules and regulations, Tenant recognizes that it may suffer conflicts with other tenant(s) within the Project. The intent of parties is that the lobby will allow for each tenant of the Project to locate its own employee for reception purposes or to make its own arrangements (of which Landlord will have no involvement) with the other tenant(s) of the Project for shared reception personnel. Tenant acknowledges that it specifically negotiated for the opportunity to have such special Common Area for its own economic purposes; and Tenant assumes all liabilities and obligations and claims arising out of the shared use of the Common Area (and Tenant waives any rights or claims or actions it may have against Landlord on account of any losses, liabilities, or damages suffered by Tenant in connection with the shared use of the Common Area) other than as caused by Landlord’s gross negligence or willful conduct. The preceding sentence is not to be interpreted as creating any indemnity obligation by Tenantdesirable.

Appears in 1 contract

Samples: Ashworth Inc

Use of Common Area. Tenant shallLandlord agrees to cause to be operated, managed and maintained during the Term all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and shall cause its guestsstairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience of the occupants 20 25 and tenants of the Retail Development and their respective agents, employees, customers, invitees, customersand the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, service-providersin common with all others to whom Landlord has or may hereafter grant rights to use the same (including, and licensees (collectively, “Tenant’s Invitees”) but not limited to, comply with all the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations regarding for the Common Area use thereof which will be uniformly applicable to all Shopping Center tenants as Landlord may prescribed from time to rime reasonably adopttime by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord need not for that purpose. Tenant covenants that it will enforce the rules and regulations against other tenants parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the Project, but if Landlord enforces such rules, it must do so event any vehicle is parked by an employee of Tenant in a non-discriminatory manner. Tenant may not store any property in employee parking area, Landlord shall have the Common Area, whether temporarily or permanently (except that Tenant may locate its generator on right to cause the generator pad vehicle to be located in the Common Area and towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for Tenant’s use andall towing charges. Landlord may at any time close temporarily any common area to make repairs or changes, subject to reasonable approval prevent the acquisition of public rights in such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the Leased Premises. In addition, Landlord may modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, displays and charitable activities and may do such other acts in and to the common areas as in its judgment may be desirable to improve the convenience or attraction thereof. Landlord agrees to maintain all common areas of the Shopping Center in good order, condition and repair and in a safe, clean, sightly and sanitary condition in accordance with good and accepted shopping center practices. The maintenance obligations of Landlord shall include, without limitation, the re-striping of parking areas when required, repairing of common areas and the other tenant(sadequate lighting of all exterior common areas during all hours of darkness during which Tenant shall be open for business and for one (1) of the Project, establish a reception desk in the lobby area of the Building). Any property stored in the Common Area in violation of the foregoing may be removed by Landlord and disposed of, and the cost of such removal, storage, and disposal is payable by Tenant on demand. Additionally, in no event may Tenant use any portion of the Common Area for loading, unloading, or parking, except in those areas specifically designated by Landlord for such purposes, nor for any sidewalk sale, advertising, or other commercial purpose. Tenant acknowledges the unique nature of the Common Area lobby. Although Tenant’s use of such special Common Area is subject to Landlord’s rules and regulations, Tenant recognizes that it may suffer conflicts with other tenant(s) within the Project. The intent of parties is that the lobby will allow for each tenant of the Project to locate its own employee for reception purposes or to make its own arrangements (of which Landlord will have no involvement) with the other tenant(s) of the Project for shared reception personnel. Tenant acknowledges that it specifically negotiated for the opportunity to have such special Common Area for its own economic purposes; and Tenant assumes all liabilities and obligations and claims arising out of the shared use of the Common Area (and Tenant waives any rights or claims or actions it may have against Landlord on account of any losses, liabilities, or damages suffered by Tenant in connection with the shared use of the Common Area) other than as caused by Landlord’s gross negligence or willful conduct. The preceding sentence is not to be interpreted as creating any indemnity obligation by Tenanthour thereafter.

Appears in 1 contract

Samples: Lease (Silicon Entertainment Inc /Ca/)

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