Common Area Changes. Landlord may (i) close any of the Common Area to the extent required in the opinion of Landlord’s legal counsel to prevent a dedication of any of the Common Area or the accrual of any rights to any person or to the public in and to any portion of the Common Area, (ii) close, temporarily, any of the Common Area for maintenance purposes, (iii) designate other property outside the boundaries of the Project to become part of the Common Area, (iv) close off or otherwise utilize portions of the Common Area while constructing improvements or making repairs or alterations to any portion of the Project, and (v) make any changes to the Common Area, or any part of the Project, including changes to buildings or other improvements, the addition of new buildings or other improvements, or changes in the location of driveways, entrances, exits, vehicular parking spaces, or the direction of the flow of traffic; provided that in no event shall Landlord reduce the number of parking spaces available to Tenant by more than 5.0% (but no such percentage limit applies if the reduction results from the need to comply with Applicable Regulations) or take any actions that will materially impact Tenant’s use of the Common Area. Landlord, as owner of the Project, reserves the right from time to time, to use portions of the Common Area for, among other things, entertainment, advertising, displays, the leasing of kiosks, or such other uses, commercial or otherwise, so long as such uses do not materially adversely affect Tenant’s use of the Premises.
Appears in 2 contracts
Sources: Sublease Agreement (Anadys Pharmaceuticals Inc), Lease Agreement (Phenomix CORP)