Food Service Outlet and Amphitheater Sample Clauses

Food Service Outlet and Amphitheater. Landlord is contemplating construction of a food service outlet and fitness center as part of the Rotunda Work, subject to, among other things, governmental and other use restrictions and Landlord’s investor and lender approvals. Landlord has no obligation to construct a cafeteria or fitness center and may construct other common facilities or rentable facilities in the rotunda. If Landlord constructs a cafeteria, Landlord shall use commercially reasonable efforts to retain food-service operators at the cafeteria reasonably acceptable to tenants of the Project for breakfast and lunch service, but Landlord (or its affiliate providing such services) may discontinue food service, if such food service operations fail to be economically self-sufficient. Neither Landlord nor its affiliate is obligated to subsidize such service; provided, however, if a subsidy is necessary for food service operations to continue to be made available to occupants of the Project and Landlord voluntarily elects to pay such subsidy, the first 36 months of the subsidy will be included in Project Expenses under the Lease (provided that the subsidy included in Project Expenses shall in no event exceed $4,000 per month (as increased by inflation based on the Consumer Price Index — All Urban Consumers [Los AngelesAll Items] published by the U.S. Department of Labor’s Bureau of Labor Statistics), of which Tenant will be responsible only for its Pro Rata Share). Scheduling of use of the cafeteria when no food service is operating will be managed by Landlord’s property manager in accordance with reasonable rules and regulations, on a first-come, first-served reservation basis, with time and availability of use equitably allocated among the tenants of the Project in proportion with their respective Pro Rata Shares. Section 7.5 of the Lease is deleted. Scheduling of use of the outdoor Amphitheatre will be managed by Landlord’s property manager in accordance with reasonable rules and regulations, on a first-come, first-served reservation basis, with time and availability of use equitably allocated among the tenants of the Project in proportion with their respective Pro Rata Shares. ***Text Omitted and Filed Separately with the Securities and Exchange Commission, Confidential Treatment Requested Under 17 C.F.R. Sections 200.80(b)(4) and 240.24b-2 Landlord and Tenant acknowledge that the location of the Amphitheatre is such that noise originating from the Amphitheatre is easily heard inside the...
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