Common use of Common Area Clause in Contracts

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the Parcel, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area without any liability to Tenant. Notwithstanding the foregoing, Landlord shall not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturing. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, upon advance notice to Tenant, and all amendments shall be effective within thirty (30) days following delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share of such costs as provided, and subject to the limitations, in Paragraph 12 below.

Appears in 1 contract

Samples: Mips Technologies Inc

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Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the Parcel, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, Certain areas have the non-exclusive right to use the access roads, parking areas and facilities provided and designated been or will be constructed by Landlord within the shopping center for the general use use, convenience and convenience benefit of the occupants of the Parcelshopping center and their customers and employees, which including the automobile parking areas, sidewalks, landscaped areas and facilities are referred to other areas for pedestrian and vehicular use (herein as called the "Common Area." This "). Except as may be limited herein, Tenant shall have the nonexclusive right for itself and for its customers, invitees, employees, contractors, subtenants and licensees to use the Common Area in common with Landlord and other persons permitted to use the same for parking of vehicles and for vehicular and pedestrian ingress, egress and access. The Common Area, and all improvements and facilities situated thereon and required in connection therewith, shall terminate upon be maintained by Landlord or its designee. Tenant shall pay .075% Percent (.075%) of all costs paid and incurred in connection with the termination operation, maintenance and repair of this Leasethe Common Area. Landlord reserves shall, at or about the right time that Xxxxxx's obligation to pay rent commences and from time to time thereafter, submit to make changes Tenant an estimate of the monthly payments required to discharge Tenant's obligations with respect to payment of its share of Common Area Expenses pursuant to this Paragraph. Landlord shall from time to time revise such estimate in the shapeevent that the then current estimate is not reasonably related to actual amounts then payable by Tenant hereunder. Tenant shall pay such estimated amounts to Landlord on the first day of each calendar month during the term. Adjustments shall be made by Landlord within ninety (90) days after the end of each calendar year, sizeso that if the total of such estimated amounts paid by Tenant during such year exceeds the actual amounts payable by Tenant during such year, location, amount Landlord shall pay such deficiency to Tenant forthwith upon demand. Common Area Expenses incurred in connection with the operation and extent maintenance of the Common Area without shall include, but are not limited to, all sums expended in connection with Common Area for all general maintenance and repairs, resurfacing or painting, restriping, cleaning, sweeping and janitorial services; maintenance and repair of sidewalks, curbs and shopping center signs; sprinkler systems, planting and landscaping; lighting, sewer, water, gas and other utilities; directional signs and other markers and bumpers; maintenance and repair of any liability fire protection systems and lighting systems; personnel to Tenantimplement such services (except any administrative, clerical and similar office staff) including, if Landlord deems necessary, the cost of security guards; real and personal property taxes and assessments on the improvements and land comprising the Common Area; fees, charges, assessments, payments and other amounts of any kind or nature levied or collected by any governmental agency for the use or operation of the Common Area; premiums for public liability, casualty and other insurance on the Common Area. Notwithstanding the foregoing, Landlord shall not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturing. Landlord further reserves also have the right to promulgate establish from time to time, change, alter and amend, and to enforce against Tenant and the users of the automobile parking areas, such reasonable rules and regulations relating to the use of the Common Area, and any part as may be deemed necessary or parts thereof, as Landlord may deem appropriate advisable for the best interest proper and efficient operation and maintenance of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observancesaid automobile parking areas. Such rules and regulations may include the hours during which the automobile parking areas shall be amended by Landlord from time to time, upon advance notice to Tenantopen for use, and all amendments shall be effective within thirty (30) days following delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use designated parking areas for employees of Tenant's Pro Rata Share of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the restrict use of parking areas in any manner which conflicts with normal business hours of the Parcel to become over-subscribed or committed. type of business being conducted by Tenant shall not at any time park or permit on the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share of such costs as provided, and subject to the limitations, in Paragraph 12 belowPremises.

Appears in 1 contract

Samples: Coast Bancorp

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the ParcelREASONABLY prescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive nonexclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." . This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area without any liability to Tenant. Notwithstanding the foregoing, Landlord shall not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturingArea. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, upon with or without advance notice to Tenantnotice, and all amendments shall be effective within thirty (30) days following upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share no more than one hundred fifty-three (153) of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, others in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable COMMERCIALLY REASONABLE discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share its share of such costs as provided, and subject to the limitations, provided in Paragraph 12 below.

Appears in 1 contract

Samples: Lease Agreement (Novellus Systems Inc)

Common Area. Subject to the terms and conditions of this Lease and ----------- such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the Parcelprescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." The Common Area does not include the inside portion of any Buildings. This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area without any liability to Tenant. Notwithstanding the foregoingArea, Landlord shall not, without Tenant's prior written consent, which provided that such changes shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes interfere with Tenant's access to and from the Premises, (ii) alters the main entry to or use of the Premises or reduces reduce the number of entries parking spaces to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires be provided for Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturingunder this Paragraph 11. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, upon with or without advance notice to Tenantnotice, and all amendments shall be effective within thirty (30) days following upon delivery of a copy of them to Tenant. No such rules and regulations shall (i) require Tenant to pay additional Monthly Installment of rent or Additional Rent or materially decrease Tenant's rights or materially increase Tenant's obligations under this Lease. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share two hundred sixty-seven (267) of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share its share of such costs as provided, and subject to the limitations, provided in Paragraph 12 below.

Appears in 1 contract

Samples: Lease Agreement (Cybersource Corp)

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the Parcelprescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive nonexclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." . This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area without any liability to Tenant. Notwithstanding provided that no area located outside the foregoing, Landlord Parcel shall not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to included within the Common Areas which (i) materially interferes with and provided that such changes do not adversely affect Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturing. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in 18 their observance. Such rules and regulations may be amended by Landlord from time to time, upon with or without advance notice to Tenantnotice, and all amendments shall be effective within thirty (30) days following upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share no more than three hundred (300) of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable business discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share its share of such costs as provided, and subject to the limitations, provided in Paragraph 12 below.

Appears in 1 contract

Samples: Sublease Agreement (Ag Associates Inc)

Common Area. Subject to the terms and conditions of this Lease lease and such reasonable rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the Parcelprescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the ParcelProject in which the Premises are located, and their respective employees, invitees and customers, customers and others entitled to the use thereof, have the non-exclusive nonexclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the ParcelProject, which areas and facilities are referred to herein as "Common Area." This right shall terminate upon the termination of this Leaselease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area without any liability to Tenant. Notwithstanding the foregoing, Landlord shall not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturingArea. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest interests of the occupants of the ParcelProject. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, Tenant and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, upon with or without advance notice to Tenant, and all amendments shall be effective within thirty (30) days following delivery of a copy of them to Tenantnotice. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share of the one hundred sixty-eight (168) parking spaces in the Common Area as designated from time to time by Landlord. Landlord in Exhibit A. Tenant shall not allow label or otherwise xxxx its assigned parking spaces without the prior written approval of Landlord, provided that such approval shall not unreasonably be withheld. Tenant shall be solely responsible for policing its assigned parking areas of the Parcel spaces with respect to become over-subscribed or committedunauthorized use by others. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, ; nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon park or permit any inoperative vehicles vehicle or equipment to be parked on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, manage and maintain and repair the Common Area in good order, condition and repairArea. The manner in which the Common Area shall be operated, managed and maintained and the expenditures for such operation, management and maintenance shall be at the reasonable sole discretion of Landlord, provided that such maintenance shall be in a manner equal to that usually provided for other first class buildings in the same general area as the Project. The cost of such repair, maintenance, operation, insurance operation and management, including without limitationbut not limited to landscaping, repair of paving, parking lots and sidewalks, security services and salaries and employee benefits (including union benefits) of on-site and accounting personnel engaged in such maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lightingoperations management, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share its percentage share of such costs as provided, and subject to the limitations, provided in Paragraph 12 belowparagraph 16.

Appears in 1 contract

Samples: Sublease Agreement (Novellus Systems Inc)

Common Area. Subject to the terms and conditions of this Lease and ------ ---- such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the Parcelprescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants tenants of other buildings located on the Parcel, and their respective employees, invitees and customers, and others other entitled to the use thereof, have the non-exclusive right nonexclusive right, until termination of this Lease, to use the access roads, parking areas areas, grounds and facilities provided and designated by Landlord for the general use and convenience of the occupants all tenants of buildings located on the Parcel, which . Said areas and facilities are referred to herein as the "Common Area.", and are initially defined as that area outlined on Exhibit "E", attached hereto ------- --- and incorporated herein by this reference. The term "Common Area" This right shall terminate upon include the termination Common Area of this Leasethe Building, which shall mean those areas within the Building that are common shafts and elevators, common mechanical and electrical rooms, common restroom facilities, common corridors, and the like. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area without any liability to Tenant. Notwithstanding the foregoing, Landlord shall not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturingArea. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest interests of the occupants tenants of the buildings located on the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant Tenants shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, upon with or without advance notice to Tenantnotice, and all amendments shall be effective within thirty (30) days following upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon park or permit to be parked any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, manage and maintain and repair the Common Area in good order, condition and repairArea. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable sole discretion of Landlord. The cost of such repair, maintenance, operation, insurance operation and management, including without limitationLandscaping, maintenance and repair of landscaping, irrigation systems, paving, paving and sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay reimburse to Landlord Tenant's Pro Rata Share its share of such costs as provided, and subject to the limitations, provided in Paragraph 12 13 below.

Appears in 1 contract

Samples: Net Lease Agreement (Digital Video Systems Inc)

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the Parcel, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, Certain areas have the non-exclusive right to use the access roads, parking areas and facilities provided and designated been or will be constructed by Landlord within Landlord's Real Property for the general use use, convenience and convenience benefit of the occupants of the Parcelbuildings located thereon and their customers and employees, which including the automobile parking areas, sidewalks, landscaped areas and facilities are referred to other areas for pedestrian and vehicular use (herein as called the "Common Area." This "). Except as may be limited herein, Tenant shall have the nonexclusive right for itself and for its customers, invites, employees, contractors, subtenants and licensees to use the Common Area in common with Landlord and other persons permitted to use the same for parking of vehicles and for vehicular and pedestrian ingress, egress and access. The Common Area, and all improvements and facilities situated thereon and required in connection therewith, shall terminate upon be maintained by Landlord or its designee. Tenant shall pay six and 2/10s percent (6.2%) of those certain costs paid and incurred in connection with the termination operating, management, maintenance and repair of this Leasethe Common Area as provided below. Landlord reserves shall, at or about the right time that Tenant's obligation to pay rent commences and from time to time thereafter, submit to make changes Tenant an estimate of the monthly payments required to discharge Tenant's obligations with respect to payment of its share of Common Area Expenses pursuant to this paragraph. Landlord shall, no more than annually, revise such estimate in the shapeevent that the then current estimate is not reasonably related to actual amounts then payable by Tenant hereunder. Tenant shall pay such estimated amounts to Landlord on the first day of each calendar month during the term. Adjustments shall be made by Landlord within sixty (60) days after the end of each calendar year, sizeso that if the total of such estimated amounts paid by Tenant during such year exceeds the actual amounts payable by Tenant during such year, location, amount Landlord shall pay such overages to Tenant forthwith at the time such adjustment is made. Failure of Tenant to pay when due any of the charges required by this paragraph to be paid shall constitute a default the same as a failure to pay rent when due. Common Area Expenses incurred in connection with the operation and extent maintenance of the Common Area without shall include, but are not limited to, all sums expended in connection with Common Area for all general maintenance and repairs, resurfacing or painting, restriping, cleaning, sweeping and janitorial services; maintenance and repair of sidewalks, curbs and signs; sprinkler systems, planting and landscaping; lighting and other utilities; directional signs and other markers and bumpers; maintenance and repair of any fire protection systems and lighting systems; management and personnel to implement such services (including administrative, bookkeeping, clerical and similar office staff) including, if Landlord deems necessary, the cost of security guards; real and personal property taxes and assessments on the improvements and land comprising the Common Area; fees, charges, assessments, payments and other amounts of any kind or nature levied or collected by any governmental agency for the use or operation of the Common Area; premiums for public liability, casualty and other insurance on the Common Area; provided, however, that notwithstanding anything to the contrary contained herein, Common area expenses shall exclude any costs for items that are capitalized by Landlord, executive salaries, depreciation and interest, legal fees, leasing commissions, costs to correct original construction defects in the improvements and property (excluding Tenants Improvements other than the equipment requiring roof penetrations). Tenant shall have no liability for payment of roof repairs other than for normal wear and tear. Tenant shall be responsible for reimbursement to TenantLandlord of expenses related to the maintenance of the HVAC equipment, including maintenance contracts and roof repairs required after one year from commencement. Notwithstanding Subject to the foregoingfollowing qualifications, Landlord shall notalso have the right to establish from, without time to time, change alter and amend, and to enforce against Tenant and the users of the automobile parking areas, such reasonable rules and regulations as may be deemed necessary or advisable for the proper and efficient operation and maintenance of said automobile parking areas. Such rules and regulations may include the hours during which the automobile parking areas shall be open for use, and designated parking areas for employees of Tenant. Landlord shall not restrict use of parking areas in any manner which conflicts with normal business hours of the type of business being conducted by Tenant on the Premises. Tenant shall have the right to identify and so xxxx, with Landlord's prior written consent, consent which shall not be unreasonably withheld, conditioned or delayed, make any change up to the Common Areas which (i) materially interferes with Tenant's access ten parking spaces as being exclusively for Tenants clients and employees use. Landlord shall have no liability to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the enforce parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its space use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturing. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, spaces identified be Tenant as Landlord may deem appropriate being for the best interest of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, upon advance notice to Tenant, and all amendments shall be effective within thirty (30) days following delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain Tenants clients and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share of such costs as provided, and subject to the limitations, in Paragraph 12 belowemployees.

Appears in 1 contract

Samples: Lease (Coast Bancorp)

Common Area. Subject 5.1 The “Common Area” shall refer to those portions of the terms real property described in Exhibit A attached hereto (the “Real Property” or the “Project”) which are reserved by Landlord for the common use of all tenants, including the parking area, sidewalks, landscaping, curbs, loading areas, private streets and conditions alleys, lighting facilities, and other areas and improvements provided by Landlord for the common use of this Lease all tenants, all of which shall be subject to Landlord’s sole management and control and shall be operated and maintained in such manner as Landlord, in its exclusive discretion, shall determine. Landlord reserves the right to change from time to time the dimensions and location of the Common Areas as well as the location, dimensions, identify and type of any building shown on Exhibit A and to construct additional buildings or other improvements in, on or about said Real Property, and to eliminate buildings from the plan shown on Exhibit A. Tenant and its employees, customers, subtenants, and licensees shall have the nonexclusive right and license to use the Common Area as constituted from time to time, such use to be in common with Landlord, other tenants of the Real Property and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time reasonably prescribe for all tenants located on prescribe, including the Parceldesignation of specific areas of the Real Property in reasonable proximity to the Demised Premises in which vehicles owned by Tenant, Tenant and Tenant's its employees, invitees and customers shall, in common with other occupants of the Parcelsubtenants, and their respective employees, invitees and customers, and others entitled to licensees shall be parked. Tenant shall not take any action which would interfere with the use thereof, have the non-exclusive right rights of other persons to use the access roads, parking areas and facilities provided and designated by Landlord for Common Area without the general use and convenience prior written consent of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." This right shall terminate upon the termination of this LeaseLandlord. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent may temporarily close any part of the Common Area without any liability for such periods of time as may be necessary to Tenant. Notwithstanding prevent the foregoing, Landlord shall not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes with Tenant's access to and public from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, obtaining prescriptive rights or to incurs costs of alteration, retrofitting, make repairs or refixturing. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, upon advance notice to Tenant, and all amendments shall be effective within thirty (30) days following delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share of such costs as provided, and subject to the limitations, in Paragraph 12 below.

Appears in 1 contract

Samples: Lease Agreement (AnythingIT, Inc.)

Common Area. Subject During the Lease Term, Lessee shall have the non- ------------------------ exclusive right to use the Common Area described herein, provided that Lessor reserves the right to modify the Common Area, including reducing the size or changing the use, configuration and elements thereof in its sole discretion (including without limitation, for the purpose of construction of parking facilities or additional buildings, of any nature or size whatsoever, and in any part of the Project including, without limitation, any of the Common Area including Common Area on the Property so long as Lessee's number of parking spaces in not reduced) and to close or restrict access from time to time for repair, maintenance or to prevent a dedication thereof, provided, further, that Lessee nonetheless shall have access to parking and the Premises during such activities and, provided further, that Lessor will continue to maintain the baseball and soccer fields and the amenities/athletic facility or replacement items of like kind for so long as Lessor is legally able to do so during the Lease Term. Lessor further reserves the right to establish, repeal and amend from time to time rules and regulations for the use of the Common Area and to grant reciprocal easements or other rights to use the Common Area to owners of other property, provided that, to the terms and conditions of extent any conflict between this Lease and such amended Common Area rules and regulations would unreasonably interfere with any new rules and Regulations and this Lease (including the Rules and Regulations attached hereto as Exhibit "L") would materially and adversely affect Lessee's use of the Premises, this Lease shall govern, and to grant reciprocal easements or other rights to use the Common Area to owners of other property. "Common Area" includes, without limitation, all portions of the Property other than the Building, including landscaping, sidewalks, walkways, driveways, curbs, parking lots (including striping), roadways within the Project, sprinkler systems, lighting, surface water drainage systems, sewer systems, an amenities/athletic facility to be available for use by Lessee's employees (the "Amenities/Athletic Facility"), as well as baseball and soccer fields, a water front park, and a perimeter walking/biking trial, and, to the extent required by government authorities having jurisdiction over Lessor's development of the Project, amphitheater, marine life resource center, retreat and conference center, child care center and such different or further portions of the Project or additional or different facilities as Lessor may from time to time designate or install or make available for the use by Lessee in common with others. Lessee's employees may use, in common with others and without charge, the baseball and soccer fields and the Amenities/Athletic Facility, subject to such rules and regulations as Landlord Lessor may from time to time reasonably prescribe for all tenants located on the Parcel, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area without any liability to Tenant. Notwithstanding the foregoing, Landlord shall not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturing. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord impose from time to time, upon advance notice to Tenant, and all amendments but nothing herein shall be effective within thirty (30) days following delivery of a copy of them deemed to Tenant. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share of the parking spaces in the Common Area as designated waive payment for optional services which may be available from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share of such costs as provided, and subject to the limitations, in Paragraph 12 belowthose fields and/or Facility.

Appears in 1 contract

Samples: Agreement and Certificate (Nuance Communications)

Common Area. Subject to the terms and conditions of this Lease and ----------- such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the Parcelprescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area without any liability to Tenant. Notwithstanding the foregoing, Landlord shall not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturingArea. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, upon with or without advance notice to Tenantnotice, and all amendments shall be effective within thirty (30) days following upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share no more than One Hundred Eighteen (118) of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common AreaArea notwithstanding the above, Landlord understands and agrees to work with Tenant to enable Tenant to provide an outside covered area for a smoking area for its employees. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share its pro rata share of such costs as provided, and subject to the limitations, provided in Paragraph 12 below.

Appears in 1 contract

Samples: Lease Agreement (Nanometrics Inc)

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Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the Parcelprescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of o the Parcel, which areas and facilities are referred to herein as "Common Area." This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area without Area. The cost of any liability to Tenant. Notwithstanding the foregoing, such changes shall be borne by Landlord shall not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturingexcept as provided in Paragraph 13 below). Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, upon with or without advance notice to Tenantnotice, and all amendments shall be effective within thirty (30) days following upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share no more than three hundred seventy-four (374) of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including including, without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share its share of such costs as provided, and subject to the limitations, provided in Paragraph 12 below.

Appears in 1 contract

Samples: Lease Agreement (Oplink Communications Inc)

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the Parcelprescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive nonexclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." ". This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, locationlocation , amount and extent of the Common Area without any liability to Tenant. Notwithstanding the foregoing, Landlord shall not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturingArea. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or of parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The the rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, upon with or without advance notice to Tenantnotice, and all amendments shall be effective within thirty (30) days following upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share no more than two hundred fifty (250) of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking paring of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, order condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at a the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share its share of such costs as provided, and subject to the limitations, provided in Paragraph 12 below.

Appears in 1 contract

Samples: Lease Agreement (Elexsys International Inc)

Common Area. Subject Landlord shall maintain the Common Area in good order, condition and repair, in a manner deemed by Landlord reasonable, appropriate and in the best interests of the occupants of the Shopping Center, subject to the all other terms and conditions of this Lease relating to the Common Area. Landlord reserves the right to change from time to time the dimensions and location of the Common Area and the location, dimensions, identity and type of any parking area or building in the Shopping Center and to construct additional buildings, additions to existing buildings, and other improvements in the Shopping Center, to eliminate buildings from the Shopping Center, to increase the land size of the Shopping Center, and to change the name, address, number or designation by which the Shopping Center is commonly known. Tenant shall have the nonexclusive right to use the portions of the Common Area designated for such use from time to time, such use to be in common with Landlord, other occupants of the Shopping Center and other persons entitled to use the same, and subject to such reasonable rules and regulations as Landlord may from time to time reasonably prescribe for prescribe. Tenant will furnish to Landlord upon request a complete list of license numbers of all tenants located on the Parcelautomobiles operated by Tenant, Tenant and Tenant's its employees, invitees and customers shallsubtenants, licensees or concessionaires. If Tenant fails to abide by any parking designations established by Landlord, then Tenant will pay a fine of $10 for each day any such car is parked in areas other than those designated by Landlord and, in common addition to any other remedies available to Landlord, Landlord may tow any automobiles that are parked in areas other than those designated by Landlord. Tenant shall not solicit business or display merchandise within the Common Area, or distribute handbills therein, or take any action which would interfere with the rights of other occupants persons to use the Common Area without the prior written consent of the ParcelLandlord. Landlord may close any part of the Common Area for such periods of time as may be necessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations. No implied easements are granted by this Lease. Landlord hereby grants Tenant the right to use and designate with signage approved by Landlord, and their respective employees, invitees and customers, and others entitled to the use thereof, have two (2) parking spaces designated solely for electrical vehicle parking for the non-exclusive right to use the access roadsof Tenant, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of locations set forth on the Common Area without any liability Site Plan. Any signage installed by Tenant designating such parking spaces as electrical vehicle parking shall be subject to Tenant. Notwithstanding the foregoing, Landlord shall not, without TenantLandlord's prior written consent, which shall approval (not to be unreasonably withheld, conditioned or delayed) as to design and wording; provided, make any change however, that signage wording shall be similar to the Common Areas which (i) materially interferes with Tenantfollowing: Parking For Electric Vehicles Only. All Other Vehicles Will Be Towed At Owner's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturingExpense. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, upon advance notice to Tenant, and all amendments shall be effective within thirty (30) days following delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share of such costs as provided, and subject to the limitations, in Paragraph 12 belowElectricity Provided By Pluralsight.

Appears in 1 contract

Samples: Office Lease Agreement (Pluralsight, Inc.)

Common Area. Subject Tenant may, subject to rules prescribed by Landlord, use the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located following areas on the Parcel, Tenant and Tenant's employees, invitees and customers shall, Land or within the Building (“Building Common Area”) that are designated by Landlord to be used in common with Landlord and/or other occupants tenants of the ParcelBuilding: hallways, and their respective employeesstairwells, invitees and customersentranceways, and others entitled to the use thereofrestroom facilities, have the non-exclusive right to use the refuse facilities, landscaped areas, driveways necessary for access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area without any liability to Tenant. Notwithstanding the foregoing, Landlord shall not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces parking spaces and other common facilities located in the street entries to the parking facilities Building and/or on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturing. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended Land designated by Landlord from time to time, upon advance notice to Tenant, and time for the common use of all amendments shall be effective within thirty (30) days following delivery tenants of a copy of them to Tenantthe Building. Tenant shall have may, subject to any CC&Rs and any Rules or Regulations, use the non-exclusive use of Tenant's Pro Rata Share following areas of the Project (“Project Common Area”) in common with Landlord, tenants of the Building and/or other owners, tenants or lawful users of the Project: refuse facilities, landscaped areas, roads, driveways necessary for access to the Premises, parking spaces in the Common Area as spaces, retention basins and other common facilities designated by Landlord from time to time for the common use of all tenants and owners of the Project. The Building Common Area and the Project Common Area are collectively referred to herein as the “Common Area”. Landlord shall not be responsible for non- compliance by any other tenant or occupant of the Project with, or Landlord’s failure to enforce, any of the Rules or Regulations or CC&Rs or any other terms or provisions of such tenant’s or occupant’s lease. Tenant shall promptly comply with the reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Under no circumstances shall the right herein granted to use the Common Area be deemed to include the right to store any property, temporarily or permanently, in the Common Area. In the event that any unauthorized storage shall occur, then Landlord shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord. Landlord shall not allow may change the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion shape and size of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon Areas, including the addition of, elimination of or change to any inoperative vehicles or equipment on any portion of improvements located in the Common AreaAreas, so long as such change does not materially adversely affect Tenant’s ability to use the Premises for the Permitted Use. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share of such costs as provided, and subject to the limitations, in Paragraph 12 below.

Appears in 1 contract

Samples: Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the Parcelprescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, shall have the non-exclusive right to use the access roads, parking areas areas, and facilities provided and designated by Landlord for the general use and convenience of the occupants of the ParcelPremises, which areas and facilities are referred to herein as "Common Area." This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area without any liability to Tenant. Notwithstanding the foregoing, Landlord shall not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturingArea. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest interests of the occupants of the ParcelBuilding. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, upon with or without advance notice to Tenantnotice, and all amendments shall be effective within thirty (30) days following upon delivery of a copy of them to Tenant. Notwithstanding anything to the contrary herein, the rules and regulations relating to the Common Area and any other area of the Premises shall not interfere with Tenant's use of the Premises and, to the extent such rules and regulations do interfere with Tenant's use of the Premises, such rules and regulations shall be void. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share the total number of the parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committedArea. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon park or permit to be parked any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, manage and maintain and repair the Common Area in good order, condition and repair. The manner the same fashion as a common area maintained in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable discretion of Landlorda first class industrial park. The cost of such repair, maintenance, operation, insurance operation and management, including without limitation, maintenance landscaping and repair of landscaping, irrigation systems, paving, paving and sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share its share of such costs as provided, and subject to the limitations, provided in Paragraph 12 Section 11 below.

Appears in 1 contract

Samples: Sublease Agreement (Nvidia Corp/Ca)

Common Area. Subject to the terms and conditions of this Lease lease and such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the Parcelprescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the ParcelProject in which the Premises are located, (?) and their respective employees, invitees and customers, customers and others entitled to the use thereof, have the non-exclusive nonexclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the ParcelProject, which areas and facilities are referred to herein as "Common Area." ". This right shall terminate upon the termination of this Leaselease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area without any liability to Tenant. Notwithstanding provided that such changes do not unreasonably interfere with the foregoing, Landlord shall not, without conduct of Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises, to incur additional operating costs, or to incurs costs of alteration, retrofitting, or refixturingbusiness. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest interests of the occupants of the ParcelProject. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, Tenant and Tenant shall abide by them and cooperate in their observance. Such rules and regulations regu- lations may be amended by Landlord from time to time, upon with or without advance notice to notice, but shall not unreasonably and materially diminish Tenant, and all amendments shall be effective within thirty (30) days following delivery 's use of a copy of them to Tenantthe Premises or the Common Area. Tenant shall have be assigned the non-exclusive use of Tenant's Pro Rata Share of the no less than one hundred seventeen (117) parking spaces in the Common Area as designated from time to time by Landlord. Landlord shall agrees to label at its expense (?) to ten (10) visitors stalls; and Landlord, at the request and expense of Tenant agrees to label the remaining (107) parking spaces. It is agreed that Landlord is not allow the responsible for policing any of such parking areas of the Parcel to become over-subscribed or committedspaces. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, ; nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon park or permit any inoperative vehicles vehicle or equipment to be parked on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, manage and maintain and repair the Common Area in good order, condition and repairArea. The manner in which the Common Area shall be operated, managed and maintained and the expenditures for such operation, management and maintenance shall be at the reasonable sole, but reasonable, discretion of Landlord. The cost of such repair, maintenance, operation, insurance operation and management, including without limitationbut not limited to landscaping, repair of paving, parking lots and sidewalks, security services and salaries and employee benefits (including union benefits) of on-site and accounting personnel engaged in such maintenance and operations management (but excluding payments on loans or ground leases, brokerage commission and costs directly related to leasing the Project, damages caused by other tenants or their employees or agents, the cost of repair or correction of landscaping, irrigation systems, paving, sidewalks, fencesconstruction defects, and lighting, management fees in excess of the five percent (5%) referred to in paragraph 16 below) shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share its percentage share of such costs as provided, and subject to the limitations, provided in Paragraph 12 belowparagraph 16.

Appears in 1 contract

Samples: Lease (Novellus Systems Inc)

Common Area. Subject to During the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe for all tenants located on the ParcelTerm, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, Lessee shall have the non-exclusive right to use the access roadsCommon Area described herein, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as "Common Area." This right shall terminate upon the termination of this Lease. Landlord that Lessor reserves the right to modify the Common Area, including reducing the size or changing the use, configuration and elements thereof in its sole discretion (including without limitation, for the purpose of construction of parking facilities or additional buildings, of any nature or size whatsoever, and in any part of the Project including, without limitation, any of the Common Area including Common Area on the Property so long as Lessee’s number of parking spaces in not reduced) and to close or restrict access from time to time for repair, maintenance or to make changes in prevent a dedication thereof, provided, further, that Lessee nonetheless shall have access to parking and the shapePremises during such activities and, sizeprovided further, locationthat Lessor will continue to maintain the baseball and soccer fields and the amenities/athletic facility or replacement items of like kind for so long as Lessor is legally able to do so during the Lease Term. Lessor further reserves the right to establish, amount repeal and extent amend from time to time rules and regulations for the use of the Common Area without any liability and to Tenant. Notwithstanding grant reciprocal easements or other rights to use the foregoingCommon Area to owners of other property, Landlord shall notprovided that, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the extent any conflict between this Lease and such amended Common Areas which Area rules and regulations would unreasonably interfere with any new rules and Regulations and this Lease (iincluding the Rules and Regulations attached hereto as Exhibit “L”) would materially interferes with Tenant's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its adversely affect Lessee’s use of the Premises, this Lease shall govern, and to incur grant reciprocal easements or other rights to use the Common Area to owners of other property. “Common Area” includes, without limitation, all portions of the Property other than the Building, including landscaping, sidewalks, walkways, driveways, curbs, parking lots (including striping), roadways within the Project, sprinkler systems, lighting, surface water drainage systems, sewer systems, an amenities/athletic facility to be available for use by Lessee’s employees (the “Amenities/Athletic Facility”), as well as baseball and soccer fields, a water front park, and a perimeter walking/biking trial, and, to the extent required by government authorities having jurisdiction over Lessor’s development of the Project, amphitheater, marine life resource center, retreat and conference center, child care center and such different or further portions of the Project or additional operating costsor different facilities as Lessor may from time to time designate or install or make available for the use by Lessee in common with others. Lessee’s employees may use, or in common with others and without charge, the baseball and soccer fields and the Amenities/Athletic Facility, subject to incurs costs of alteration, retrofitting, or refixturing. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord Lessor may deem appropriate for the best interest of the occupants of the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord impose from time to time, upon advance notice to Tenant, and all amendments but nothing herein shall be effective within thirty (30) days following delivery of a copy of them deemed to Tenant. Tenant shall have the non-exclusive use of Tenant's Pro Rata Share of the parking spaces in the Common Area as designated waive payment for optional services which may be available from time to time by Landlord. Landlord shall not allow the parking areas of the Parcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant's vehicles or trucks, or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area. Landlord shall operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant's Pro Rata Share of such costs as provided, and subject to the limitations, in Paragraph 12 belowthose fields and/or Facility.

Appears in 1 contract

Samples: Sublease (Supportsoft Inc)

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