Common Areas; Use, Maintenance and Costs Clause Samples

Common Areas; Use, Maintenance and Costs. (a) Common Areas. As used in this Lease, "Common Areas" shall mean all areas within the Project which are available for the common use of tenants of the Project and which are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, corridors, landscaping and planted areas. Landlord, from time to time, may change the size, location, nature and use of any of the Common Areas, convert Common Areas into leasable areas, construct additional parking facilities (including parking structures) in the Common Areas, and increase or decrease Common Area land and/or facilities. Tenant acknowledges that although such activities and changes may result in inconvenience to Tenant, Tenant consents to such activities and changes and agrees that the same shall not constitute a breach of this Lease or an eviction of Tenant, constructive or otherwise. Notwithstanding the foregoing, Landlord shall not change the size, location, nature or use of the Common Areas so as to materially adversely impact Tenant's business, operations, parking or access to the Property

Common Areas; Use, Maintenance and Costs. (a) Common Areas. As used in this Lease, "Common Areas" shall mean all areas within the Shopping Center which are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, lobby areas, elevators, corridors, landscaping and planted areas as depicted on Exhibit "A." Landlord shall not change the size, location, nature and use of any of the Common Areas, including vehicle parking spaces, convert Common Areas into leasable areas, or decrease Common Area land and/or facilities, without Tenant's prior written consent, which shall not be unreasonably withheld. No activities or changes are permitted to the Common Areas if they would materially affect Tenant's use of the Property. Tenant may withhold its consent, in its sole and absolute discretion, to any changes to the common area which would reduce the amount of parking available to Tenant's customers, decrease visibility or access to the Property, or reduce the effectiveness of Tenant's signage.

Common Areas; Use, Maintenance and Costs. (a) Common Areas. As used in this Lease, “Common Areas” shall mean all areas of the Premises outside of the Building, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, corridors, landscaping and planted areas.

Common Areas; Use, Maintenance and Costs. (a) Common Areas. As used in this Lease, “Common Area” shall mean all areas within the Project which are available for the common use of tenants of the Project and which are not leased or held for the exclusive use of Tenant or other tenants or occupants, including but not limited to, to the extent applicable to the Project, non-exclusive vehicle parking areas and non-exclusive trailer parking stalls, driveways, sidewalks, landscaped areas and the facilities and improvements necessary for the operation thereof. Landlord reserves the right at any time and from time to time, in Landlord’s sole discretion, to change, modify, reduce or add to the Common Areas, decorate and make repairs, alterations, additions, changes or improvements, whether structural or otherwise, to the Common Areas, change, alter, relocate, remove or replace service areas, or otherwise alter or modify the Common Areas and to take such measures for safety or for the expediting of such work as may be required, in Landlord's judgment, all without affecting any of Tenant's obligations hereunder, provided such work shall be performed in such a way as to not prevent Tenant’s use of the Premises for the Permitted Use. The Common Areas shall be under the exclusive control and management of Landlord and/or the Declarant and/or CC&R Management Company, as applicable. No site plan attached to this Lease shall be deemed a representation or warranty by Landlord that the Project is or will remain as shown thereon and Landlord shall have the right to modify the same without the consent of Tenant. Landlord may relocate, increase, reduce or otherwise change the number, dimensions, or locations of the parking areas, drives, exits, entrances, walks or any other Common Areas, parcels, buildings or premises of other tenants. Landlord shall also have the right, in its sole and absolute discretion, to subdivide and/or sell or transfer portions of the Project. Tenant acknowledges that such activities may result in and increase or decrease Common Area land or facilities and/or an inconvenience to Tenant. Such activities are permitted if they do not prevent Tenant's use of the Premises for the Permitted Use. Tenant waives any claim for rent abatement, loss of business or damages arising out of any inconvenience allegedly experienced by Tenant during the course of the initial construction of the Project or any other alteration, improvement or work by Landlord pursuant to this Lease.

Common Areas; Use, Maintenance and Costs. (a) Common Areas. As used in this Lease, “Common Areas” shall mean the Limited Common Area and all areas within the Project which are available for the common use of tenants of the Project and which are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, Industrial Lease—Las Vegas, Nevada ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ Las Vegas, Nevada Switch, Ltd. driveways, sidewalks, loading areas, access roads, corridors, landscaping and planted areas. Notwithstanding the above, Common Areas may also include a portion of the Project that is reserved for a particular tenant’s use (such as for reserved parking or outside storage) but maintained by Landlord with the Common Areas for administrative convenience and efficiency as is the case with Tenant’s Limited Common Area. Landlord, from time to time, may change the size, location, nature and use of any of the Common Areas, convert Common Areas into leasable areas, construct additional parking facilities (including parking structures) in the Common Areas, and increase or decrease Common Area land and/or facilities. Such activities and changes are permitted if they do not permanently, materially and adversely affect Tenant’s use of or access to the Property and the Limited Common Area. During the course of such work, Landlord will use commercially reasonable efforts to minimize the effect of any such work on the operation of Tenant’s business at the Property.

Common Areas; Use, Maintenance and Costs. (a) Common Areas. As used in this Lease, "Common Areas" shall mean all areas within the Project which are available for the common use of tenants of the Project and which are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, corridors, landscaping and planted areas. Landlord, from time to time, may change the size, location, nature and use of any of the Common Areas, convert Common Areas into leasable areas, construct additional parking facilities (including parking structures) in the Common Areas, and increase or decrease Common Area land and/or 10 10

Common Areas; Use, Maintenance and Costs. (a) Common Areas. As used in this Lease, “Common Areas” shall mean all areas within the Project which are available for the common use of tenants of the Project and which are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, corridors, landscaping and planted areas. Landlord, from time to time but subject to compliance with all applicable zoning and land use regulations, ordinances or requirements, may change the size, location, nature and use of any of the Common Areas, convert Common Areas into leasable areas, construct additional parking facilities (including parking structures) in the Common Areas, and increase or decrease Common Area land and/or facilities Tenant acknowledges that such activities may result in an increase or decrease in Common Area Land or facilities. Tenant acknowledges that such activities may result in inconvenience to Tenant. Such activities are permitted if they do not materially affect Tenant’s use of the Property. Common Areas shall also include the Property’s share of the Project’s share of landscape maintenance and street sweeping expenses for Southpoint Industrial Park. The Project’s share of landscape maintenance and street sweeping expenses for Southpoint Industrial Park is currently approximately 6.09%.

Common Areas; Use, Maintenance and Costs. (a) Common Areas. As used in this Lease, "Common Areas" shall mean all areas within the Project which are available for the common use of tenants of the Project and which are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, corridors, landscaping and planted areas. Landlord, from time to time, may change the size, location, nature and use of any of the Common Areas, convert Common Areas into leasable areas, construct additional parking facilities (including parking structures) in the Common Areas, and increase or decrease Common Area land and/or facilities. Tenant acknowledges that such activities may result in inconvenience to Tenant. Such activities and changes are permitted if they do not materially affect Tenant's use of the Property or reduce Tenant's 56 allocated vehicle parking spaces except on a temporary basis for the purpose of performing Landlord's maintenance obligations set forth below or as a result of a damage or destruction; provided, however that Landlord, shall use its best commercially reasonable efforts to provide alternate parking to Tenant during the term of such temporary restriction on the parking spaces. Further, notwithstanding the fact that Tenant's 56 allocated vehicle parking areas are exclusively for the use of Tenant, such parking spaces shall be deemed to be "Common Areas" for purposes of the definition of such term in this Section 4.05 for maintenance, and repair obligations of Landlord.

Common Areas; Use, Maintenance and Costs