Common use of Common Areas Clause in Contracts

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 6 contracts

Sources: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Heat Biologics, Inc.), Lease (Precision Biosciences Inc)

Common Areas. Tenant shall have the right, which except as otherwise expressly provided in this Section 1.1.3 shall be non-exclusive right exclusive, to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants of the Building are permitted Common Areas may include, from time to utilize pursuant to time, in Landlord’s sole discretion, a recorded declaration conference center and which areas shall be maintained in accordance with the declarationother amenities. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas. In no event, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewithhowever, shall use commercially reasonable efforts to minimize Landlord’s changing of any material interference with Common Areas reduce Tenant’s parking or otherwise materially adversely affect Tenant’s use of and access to or operation within the Premises, or materially increase its obligations, or materially impair its rights, under this Lease.

Appears in 5 contracts

Sources: Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.(as both of those terms are defined below). The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 4 contracts

Sources: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc), Office Lease (Airgain Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to construct and operate an amenities center in the Building for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term (provided that Tenant acknowledges that the amenities center is currently anticipated to begin operations after the Lease Commencement Date); provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 4 contracts

Sources: Lease Agreement, Sublease (Alector, Inc.), Lease (Denali Therapeutics Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other Class A, mid-rise office buildings in the downtown areas of Sunnyvale, Palo Alto and Mountain View, California, which buildings are comparable in quality of appearance, services, and amenities (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 4 contracts

Sources: Sublease Agreement (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 3 contracts

Sources: Lease Agreement (Werewolf Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)

Common Areas. Subject to Article 6 of this Lease, Landlord shall make available at all times during the term of this Lease, such automobile parking and other common areas within the exterior boundaries of the land and Building of which the Premises are a part. The term “Common Area(s)” shall mean all the portions of the Building which are not specifically leased or specifically available for lease to tenants and which have at the time in question been designated and improved for common use by or for the benefit of more than one tenant or concessionaire of the Building, including any of the following (the specific recitation of which shall not be deemed to limit the definition of “Common Area”): the land and facilities utilized as parking areas; access and perimeter roads; truck passageways (which may be in whole or in part subsurface); arcades; landscaped areas; exterior walks; stairways; stairs; directory equipment; ramps; drinking fountains; toilets and other public facilities; and bus stations and taxi stands; but excluding any portion thereof when designated by Landlord for a noncommon use, provided any portion of the Building which was not included within the Common Area shall be so included when so designated and improved for common use. All of the Common Area shall be subject to the exclusive control and management of Landlord or such other persons or nominees as Landlord may have delegated or assigned to exercise such management or control, in whole or in part, in Landlord’s place and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety of the Common Area or the adequacy of any security system which is or may be instituted for the Common Area. In no event shall Tenant have the right to sell or solicit in any manner in the Common Area. As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use in common with other tenants Tenants of the Building the common areas and facilities included in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, Building together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated easements for the exclusive use of certain tenants, or to be shared by Landlord ingress and certain tenants, egress as are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with necessary for Tenant’s use and occupancy of and access to the Premises.

Appears in 3 contracts

Sources: Multi Tenant Industrial Lease (Appfolio Inc), Multi Tenant Industrial Lease (Appfolio Inc), Multi Purpose Commercial Building Lease (Inogen Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in tenants, guests, invitees and owners at the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenantstenants or other owners, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion Common Areas external to the Building but serving the Building’s tenants and any other portions of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building (e.g. lobby, corridors, elevators) or in its immediate surround (e.g. walkways, landscaping for the Building) or reasonably designated as such by Landlord. The manner in which the Common Areas are maintained maintained, operated, and operated made available shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 3 contracts

Sources: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist Landlord and Tenant hereby acknowledge and agree that, as long as Tenant leases one hundred percent (100%) of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this LeaseBuilding, shall mean the no portion of the Project Building shall be designated as such by a Common Area. Landlord or areas within shall operate and maintain the Project that the occupants of the Building are permitted to utilize pursuant to Common Areas in a recorded declaration and which areas shall be maintained in accordance manner consistent with the declaration. The "Comparable Buildings" as that term “Building Common Areas,” as used is set forth in Section 4 of Exhibit G, attached to this Lease. Notwithstanding anything set forth herein to the contrary, shall mean the portions use of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules express provisions of this Lease and Regulations such rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not (a) unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use granted under Section 5.1, below, or (b) materially increase the cost of Tenant's occupancy of the Premises through a material increase in Additional Rent. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference otherwise materially interferes with Tenant’s 's ability to use the Premises for the Permitted Use. Except when and where Tenant's right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 3 contracts

Sources: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Prior to July 1, 2010, the Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which Landlord shall operate and maintain the Common Areas are maintained and operated shall be at in a manner consistent with the reasonable discretion "Comparable Buildings" as that term is set forth in Section 4 of Landlord and Exhibit G, attached to this Lease. Notwithstanding anything set forth herein to the contrary, the use thereof of the Common Areas shall be subject to the Rules express provisions of this Lease and Regulations such rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not (a) unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use granted under Section 5.1, below, or (b) materially increase the cost of Tenant's occupancy of the Premises through a material increase in Additional Rent. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference otherwise materially interferes with Tenant’s 's ability to use the Premises for the Permitted Use. Except when and where Tenant's right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 3 contracts

Sources: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project including, without limitation, to the extent applicable to the Project any: entrances, lobbies, fire vestibules, mechanical areas, ground floor corridors, elevators and elevator foyers, parking areas, loading and unloading areas, plaza areas, if any, ramps, drives, stairs, and similar access ways and service ways in, adjacent to or serving the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the comparable buildings in the vicinity of the Project (the “Comparable Buildings”) are maintained and operated) and the use thereof shall be subject to the Rules and Regulations Regulations, as Landlord may make from time to timesuch term is defined below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided thatthat (i) none of the foregoing materially and adversely affects Tenant’s use of, in connection therewithor access to, the Building, the Premises or the parking areas serving the Building or the size of the Premises, and (ii) Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use uses commercially reasonable efforts to minimize any material interference with the conduct of Tenant’s use of and access to the Premisesbusiness.

Appears in 2 contracts

Sources: Lease (Septerna, Inc.), Lease (Septerna, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime (provided that in the event of any conflict between any such new or modified rules or regulations and the provisions of the body of this Lease, the provisions of the body of this Lease shall control). Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, (i) Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall at all times use commercially reasonable efforts to minimize any material interference with the conduct of Tenant’s use of and access to business at the Premises, and (ii) in no event shall any such alterations, additions and/or changes alter the nature of the Project to something other than an office building project consistent with the office building projects comparable to and in the vicinity of the Building.

Appears in 2 contracts

Sources: Office Lease (Connecture Inc), Office Lease (Connecture Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 The term “Common Area” is defined for all purposes of this Lease, those portions Lease as that part of the Project which are providedintended for the common use of all tenants, including among other facilities, parking areas, private streets and alleys, landscaping, curbs, loading areas, sidewalks, lighting facilities, drinking fountains, meeting rooms, public toilets, and the like, but excluding: (i) space in buildings (now or hereafter existing) designated for rental for commercial purposes, as the same may exist from time to time, for use as well as any space in common by Landlordthe Building, Tenant and any other tenants it being acknowledged that as the Premises consists of the Project (such areasentire Building, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, there are collectively referred to herein as the “Common Areas”). The no Common Areas shall consist of in the “Project Common Areas” Building; (ii) streets and alleys maintained by a public authority; and (iii) areas leased to a single-purpose user where access is restricted. In addition, although the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants roof of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions is not literally part of the Common Areas located within the Building reasonably designated as such by Area, it will be deemed to be so included for purposes of: (x) Landlord. The manner in which the ’s ability to prescribe rules and regulations regarding same; and (y) its inclusion for purposes of Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to timeArea Maintenance reimbursements. Landlord reserves the right to close temporarily, make alterations or additions to, or change from time to time the dimensions and location of elements the Common Area, as well as the dimensions, identities, locations and types of any buildings, signs or other improvements in the Project, so long as Tenant’s access to and use of the Project Premises and the Common Areasparking facilities is not materially adversely affected thereby. Tenant, provided thatand its employees and customers, in connection therewithand when duly authorized pursuant to the provisions of this Lease, Landlord shall perform such closuresits subtenants, alterations, additions or changes in a commercially reasonable manner and, in connection therewithlicensees and concessionaires, shall have the right to use commercially the parking spaces serving the Building as constituted from time to time, such use to be in common with Landlord only (i.e., no third parties will have rights to such parking spaces) and subject to rights of governmental authorities, easements, other restrictions of record, and such reasonable efforts rules and regulations governing use as Landlord may from time to minimize any material interference with Tenanttime prescribe. For example, and without limiting the generality of Landlord’s use ability to establish rules and regulations governing all aspects of and access to the Premises.Common Area, Tenant agrees as follows:

Appears in 2 contracts

Sources: Sublease (Corcept Therapeutics Inc), Lease Agreement (Zuora Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord; provided that Landlord shall maintain and operate the same in a manner consistent with the maintenance and operation of common areas in Comparable Buildings as defined in Exhibit F attached hereto and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord shall perform such closures, alterations, additions that the same does not materially impair Tenant’s ability to use the Premises for the Permitted Use or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference materially interfere with Tenant’s use of and access to the Premises.

Appears in 2 contracts

Sources: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, AND INSTALLATIONS shall mean the portion areas installations and facilities in the Said Premises as mentioned and specified in PART-I of the Project designated as such THIRD SCHEDULE and expressed or intended by Landlord or areas within the Project that Promoter for exclusive use and enjoyment by the occupants of the Building are permitted Said Premises, it being expressly agreed understood and clarified that the Allottees of Retail Units shall not be entitled to utilize pursuant use all the Common Areas and Installations under normal circumstances (except in emergency / exigency such as in case of fire etc., or for repairs / renovations, drawing lines for utilities etc.) but shall have limited right to a recorded declaration use only specific Common Areas and which areas Installations as herein mentioned (i.e. not all Common Areas and Installations will be available for use by the allottees of Retail Units despite them having proportionate undivided share therein and shall be maintained entitled to use only those common areas as are mentioned in accordance Part-III of the Third Schedule hereinabove written). It is clarified that the Common Areas and Installations shall not include the parking spaces, roofs/terraces at different floor levels attached to any particular Apartment / Unit or Retail Space(s), exclusive greens / gardens attached to any particular Apartment / Unit, the open space measuring sq ft, on the Northern side of the Building at the said Premises, as delineated in the Plan annexed hereto by “Green” borders, which is reserved for exclusive use by the owners and occupiers of the Retail Area, all Parking Spaces and other open and covered spaces at the Premises and the Building which the Promoter may from time to time express or intend not to be so included in the common areas and installations and the Promoter and the Owners shall be entitled to deal with and/or dispose of the declarationsame in its absolute discretion, to which the Allottee hereby consents. The term “Building Allottee has also been made aware of the fact that certain Common Areas,” as used in this Lease, Areas and Installations may be reserved and/or meant for use and enjoyment by the allottees of any one or more segment of the Project to the exclusion of the other allottees and no other allottees shall mean be entitled to use and/or enjoy the portions same and maintenance of such reserved Common Areas and Installations shall be paid for only by the users thereof. The Promoter reserves the right to modify / alter the scheme of use and enjoyment of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in and Installations to which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesAllottee hereby consents.

Appears in 2 contracts

Sources: Agreement for Sale, Deed of Conveyance

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of All areas within the Project which are provided, from time to time, available for the common use in common by Landlord, Tenant and any other of tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated and which are not leased or held for the exclusive use of certain Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, corridors, monument signage, landscaping, planted areas, lobbies, corridors, hallways, elevator foyers, restrooms, mail rooms, mechanical and electrical rooms, janitorial closets, and other similar facilities used by tenants or to be shared by Landlord and certain tenants, are collectively referred to herein for the benefit of tenants on a non-exclusive basis. Except as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used otherwise provided in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord, provided that Landlord shall maintain and operate the same in a first class manner substantially consistent with the Comparable Buildings and the use thereof shall be subject to the Rules such reasonable, non-discriminatory rules, regulations and Regulations restrictions as Landlord may make from time to time, which rules and regulations shall not be unreasonably or discriminatorily modified or enforced in a manner which shall materially interfere with the conduct of Tenant’s permitted use from the Premises or Tenant’s use of or access to the Premises or the Project or the parking areas servicing the same. So long as Landlord provides Tenant with prior written notice (provided that such notice shall not be required in the event of an emergency), Landlord, in Landlord’s reasonable discretion, reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform so long as such closures, alterations, additions changes do not change the nature of the Project to something other than a first class office building project or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with materially affect Tenant’s use of and access the Premises for the permitted use, or Tenant’s ingress to or egress from the PremisesProject, Building or the Premises or the parking areas servicing the same.

Appears in 2 contracts

Sources: Office Lease (Ziprecruiter, Inc.), Office Lease (Ziprecruiter, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, Landlord no event shall perform such closures, alterations, additions addition or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with adversely effect Tenant’s use of and the Premises for the Permitted Use or Tenant’s access to the Premises.

Appears in 2 contracts

Sources: Office Lease (Motricity Inc), Office Lease (Motricity Inc)

Common Areas. Tenant AND INSTALLATION shall have mean those of the noncommon areas and facilities mentioned and specified in FOURTH SCHEDULE hereunder written, and declared and expressed by the Vendors for common use and enjoyment of co-exclusive right owners. i) COMMON EXPENSES shall mean and include all expenses for the maintenance, management, upkeep and administration of the Building, and, in particular the common areas, and Installations, and rendition of common services to use in the co-owners, and all other expenses for the common with other tenants purpose including those mentioned in the ProjectFIFTH SCHEDULE hereunder written to be contributed, borne, paid and subject shared by the Co-owners. j) CO-OWNERS according to the Rules and Regulations referred context shall mean all the buyers/owners, who for the time being shall either complete the purchase of any unit in the building, or have agreed to purchase any Unit in Article 5 the building, and/or taken lawful possession of this Leaseany such unit, those portions and, of all the unsold unit and/or Units therein not being parted with as yet may remaining either in possession of the Project which are providedVendors or the developer, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areassuch.” The term “Project Common Areas,” as used in this Lease, k) ASSOCIATION shall mean the portion Association to be formed by all the co-owners as aforesaid for joint care, security, preservation and maintenance of the Project designated said building. All the co-owners being agreement bound to join such association on due formation thereof paying proportionately for such purpose. l) PROPORTIONATE SHARE according to the context shall mean: i) Where it refers to the share of the purchasers in the land comprised in the said premises the share of any purchaser therein shall be in the proportion in which the built-up area of said unit may in total as such by Landlord or areas against the total of built-up area of all the units within the Project that the occupants building, inclusive of the Building are permitted one being the subject matter hereof. Where it refers to utilize pursuant to a recorded declaration and which areas shall be maintained the share of the purchasers in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within and Installation the Building reasonably designated as such by Landlord. The manner share of any purchaser therein shall be in the proportion in which the Common Areas are maintained and operated built-up areas of the said unit be to the built-up area of all the Units in the building the share of any purchaser in common expenses therefor similarly shall be determined in the said mode and manner PROVIDED NEVERTHELESS THAT, where it refers to the share in the rates and/or taxes payable as, or under common expenses such share shall be determined on the basis of area enjoyed by the Purchaser at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premisessaid premises .

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 Exhibit D of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the sole and reasonable discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time, provided the same do not materially increase Tenant’s obligations or materially decrease Tenant’s rights under this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with the same do not adversely affect Tenant’s use of of, and access to to, the Premises.

Appears in 2 contracts

Sources: Office Lease (Figma, Inc.), Office Lease (Figma, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project reasonably designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord (but shall at least be consistent with the manner in which the common areas of Comparable Buildings are maintained (provided that, except as otherwise expressly set forth in this Lease, in no event shall Landlord be required to improve or enhance the Common Areas in existence as of the date of this Lease)) and the use thereof shall be subject to the Rules such reasonable non-discriminatory rules, regulations and Regulations restrictions as Landlord may make from time to time; provided that Landlord shall not enforce such rules, regulations and restrictions in a discriminatory manner against Tenant as opposed to other tenants of the Project. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, (i) Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material unreasonable interference with Tenant’s use of and and/or access to the Premises for the Permitted Use and/or Tenant’s parking rights under this Lease (provided that to the extent Landlord provides Tenant with “Reasonable Alternate Parking,” as that term is defined in Section 19.5.2 below, then no unreasonable interference with Tenant’s parking rights shall be deemed to have occurred), and (ii) Landlord shall give Tenant at least five (5) business days prior notice if such closures, alterations, additions or changes will interfere with, or limit, on other than a non-material basis (except in the event of an emergency, where no prior notice shall be required, except that Landlord shall nonetheless use commercially reasonable efforts to notify Tenant): (a) Tenant’s access to or from the Premises, (b) Tenant’s use of the Premises for the Permitted Use, or (c) Tenant’s parking passes, Tenant’s signage rights specifically set forth in Article 23 below or Tenant’s rooftop rights specifically set forth in Section 29.32 below.

Appears in 2 contracts

Sources: Lease Agreement (BioAtla, Inc.), Lease (BioAtla, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"COMMON AREAS"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term “Project Common Areas"PROJECT COMMON AREAS," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas"BUILDING COMMON AREAS," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord shall perform that such closures, alterations, alterations or additions do not materially interfere with or changes in a commercially reasonable manner and, in connection therewith, shall unreasonably disturb Tenant's use commercially reasonable efforts to minimize any material interference with Tenant’s use and occupancy of and access to the Premises.

Appears in 2 contracts

Sources: Office Lease (Universal Access Inc), Office Lease (Universal Access Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenantstenants [such as those areas reserved for the exclusive use of the tenant leasing the balance of the Building, which areas are identified as “Tanvex Exclusive Areas” on the attached Exhibit A-2], or to otherwise be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other Comparable Buildings (as that term is defined in Exhibit H attached hereto) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use (as that term is defined in Section 7 of the Summary and as set forth in Section 5.1, below). Upon reasonable prior written notice to Tenant (except in the event of emergencies) Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 2 contracts

Sources: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the ProjectProperty, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project Property which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Property (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). Except during such periods as, and to the extent, Tenant is entitled to the exclusive use thereof, the Building lobby and Outdoor Terraces shall remain part of the Common Areas. The Common Areas shall consist of the “Project Property Common Areas” and the “Building Common Areas.” The term “Project Property Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within Common Areas located outside the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationBuilding. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordBuilding. The manner in which the Common Areas are maintained shall be as provided in Article 7 and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Exhibit G, attached hereto) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project Property and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises or the Property parking facility.

Appears in 2 contracts

Sources: Office Lease (Square, Inc.), Office Lease (Square, Inc.)

Common Areas. Subject to Article 6 of this Lease, Landlord shall make available at all times during the term of this Lease, such automobile parking and other common areas within the exterior boundaries of the land and Building of which the Premises are a part. The term “Common Area(s)” shall mean all the portions of the Building which are not specifically leased or specifically available for lease to tenants and which have at the time in question been designated and improved for common use by or for the benefit of more than one tenant or concessionaire of the Building, including any of the following (the specific recitation of which shall not be deemed to limit the definition of “Common Area”): the land and facilities utilized as parking areas; access and perimeter roads; truck passageways (which may be in whole or in part subsurface); arcades; landscaped areas; exterior walks; stairways; stairs; directory equipment; ramps; drinking fountains; toilets, the exercise gym, and other public facilities; and bus stations and taxi stands; but excluding any portion thereof when designated by Landlord for a noncommon use, provided any portion of the Building which was not included within the Common Area shall be so included when so designated and improved for common use. All of the Common Area shall be subject to the exclusive control and management of Landlord or such other persons or nominees as Landlord may have delegated or assigned to exercise such management or control, in whole or in part, in Landlord’s place and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety of the Common Area or the adequacy of any security system which is or may be instituted for the Common Area. In no event shall Tenant have the right to sell or solicit in any manner in the Common Area. As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use in common with other tenants Tenants of the Building the common areas and facilities included in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, Building together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated easements for the exclusive use of certain tenants, or to be shared by Landlord ingress and certain tenants, egress as are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with necessary for Tenant’s use and occupancy of and access to the Premises.

Appears in 2 contracts

Sources: Multi Purpose Commercial Building Lease (Sientra, Inc.), Multi Purpose Commercial Building Lease (Sientra, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are shall be maintained and operated shall be at in a manner consistent with similar first class office and laboratory buildings located in the reasonable discretion East and Mid-Cambridge submarkets of Landlord the City of Cambridge, Massachusetts and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. The Common Areas include the fourth floor balcony shown on Exhibit 2.2-2 as “Balcony”, which shall be available for the non-exclusive use of all tenants on the fourth floor of the Building.

Appears in 2 contracts

Sources: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants (inclusive of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationany exterior landscaped areas). The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the provision of Article 7 below and the manner in which the common areas of the “Comparable Buildings,” as defined in Exhibit G attached hereto, are maintained and operated) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Any such closures, alterations or additions will be subject to the terms of Section 19.5.2 below.

Appears in 2 contracts

Sources: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Leaseprovisions contained herein, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project so designated by Landlord, in its sole discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"common areas"). The Common Areas shall consist common areas may include a park or other facilities open to the general public and sidewalks, walkways, parkways, driveways and landscape areas located within and appurtenant to the Project. However, Landlord makes no representation that any such common areas, whether or not such common areas are available as of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in date of this Lease, shall mean be available throughout the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordTerm. The manner in which the Common Areas common areas are maintained and operated operated, and all services in connection therewith, shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to timeLandlord. Landlord reserves the right from time to time without notice to Tenant (i) to close temporarilytemporarily any of the common areas; (ii) to make changes to the common areas, including without limitation, changes in the location, size, shape and number of street entrances, driveways, passageways, stairways, direction of traffic, landscaped areas, loading and unloading areas, and walkways; (iii) to add additional buildings and improvements to the common areas; (iv) to reasonably designate land outside the Project to be part of the Project, and in connection with the improvement of such land to add additional buildings and common areas to the Project; (v) to delete from the Project any of the land and/or improvements currently located therein; (vi) to use the common areas while engaged in making additional improvements, repairs or alterations to the Project; and (vii) to do and perform such other acts and make alterations such changes in, to or additions towith respect to the Project and/or common areas as Landlord may deem to be appropriate. Furthermore, the inclusion of any item under Paragraph 6.1 as a possible cost as a Common Area Operating Expense shall not create an obligation of Landlord to conduct any maintenance, repair, or change the location of elements of the Project and the Common Areas, provided that, replacement in connection therewithwith such cost, unless Landlord shall perform expressly has such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premisesobligation otherwise under this Lease.

Appears in 2 contracts

Sources: Lease (Optimer Pharmaceuticals Inc), Lease (Optimer Pharmaceuticals Inc)

Common Areas. As used in this Lease, the term “Common Areas” shall mean the parts of the project in which Building is located (the “Project”) designated by Landlord from time to time for the common use of all tenants of the Project and as otherwise may be set forth in the Condominium Documents. Landlord reserves the right to make changes to the location, dimensions, identify any type of any other building within the Project and to construct additional buildings or additional stories on existing buildings or other improvements in the Project, and to eliminate buildings from the Project, except for the Building in which the Premises is located, Tenant and its employees, patients, approved subtenants and licensees shall have the non-exclusive (or exclusive where provided herein or in the Condominium Documents) right and license to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, Common Areas as constituted from time to time, for such use to be in common by with Landlord, Tenant and any other tenants of the Project (such areas, together with such and other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared persons permitted by Landlord and certain tenants, are collectively referred to herein as use the “Common Areas”)same. The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions may temporarily close any part of the Common Areas located within the Building reasonably designated Area for such periods of time as such by Landlord. The manner in which the Common Areas are maintained and operated may be necessary to make repairs or alterations, provided, however, that Landlord shall be at the reasonable discretion of Landlord and the use thereof shall be subject not make any changes to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, the Project or any building or improvement located therein which change would materially and negatively impact on Tenant’s use and occupancy of the Premises or access thereto. Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with disruption to Tenant’s use business in the exercise of its rights pursuant to this Section 5.4. Landlord shall be responsible for the operation, management and access to the Premisesmaintenance of all Common Areas except as otherwise set forth in Section 30.

Appears in 2 contracts

Sources: Lease Agreement (ProPhase Labs, Inc.), Lease Agreement (ProPhase Labs, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants of the Building are permitted Common Areas may include, from time to utilize pursuant to time, in Landlord's sole discretion, a recorded declaration conference center, cafeteria, fitness center and which areas shall be maintained in accordance with the declarationother amenities. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time; provided that Landlord shall maintain the Common Areas in a manner commensurate with the Class A campus office project standard being applied as of the date of this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, that Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises, parking areas and Common Areas.

Appears in 2 contracts

Sources: Office Lease (Zeltiq Aesthetics Inc), Office Lease (Zeltiq Aesthetics Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Section 4 of Exhibit F, attached hereto) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time; provided, however, Landlord shall not enact any such rules and regulations intended to discriminate against Tenant vis-à-vis the other tenants of the Building, and provided further that Tenant’s access to and use of the Premises for the Permitted Use is not materially affected. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 2 contracts

Sources: Office Lease (Yelp Inc), Office Lease (Yelp Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to operate an amenities center in the Project for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term; provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 2 contracts

Sources: Lease (Harpoon Therapeutics, Inc.), Lease (Alector, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with Project tenants the Project Common Areas and the non-exclusive right to use in common with other Building tenants in the ProjectBuilding Common Areas, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those . Those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with and such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the Project Common Areas” Areas and the Building Common Areas.” . The term “Project Common Areas,as used in this Lease, shall mean (i) the portion of the Project designated as such by Landlord or and (ii) all common areas within designated in that certain Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for the Project that the occupants Lakeshore Towers, dated October 17, 1989, recorded October 23, 1989, as Instrument No. 89569018 of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with Official Records of Orange County, California (the declaration“CC&Rs”). The term “Building Common Areas,as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate same in a manner consistent with that of other first-class, high-rise office buildings in the ▇▇▇▇ ▇▇▇▇▇ Airport/South Coast Plaza, Costa Mesa, California area, which are comparable in size (containing at least 250,000 rentable square feet), quality of construction, and services and amenities to the Building (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 2 contracts

Sources: Office Lease (Quality Systems Inc), Office Lease (Quality Systems Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.(as both of those terms are defined below). The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Article 5, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 2 contracts

Sources: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, AND INSTALLATIONS shall mean the portion areas installations and facilities in the Said Premises as mentioned and specified in PART-I of the Project designated as such THIRD SCHEDULE and expressed or intended by Landlord or areas within the Project that Promoter for exclusive use and enjoyment by the occupants of the Building are permitted Said Premises, it being expressly agreed understood and clarified that the Allottees of Retail Units shall not be entitled to utilize pursuant use all the Common Areas and Installations under normal circumstances (except in emergency / exigency such as in case of fire etc., or for repairs / renovations, drawing lines for utilities etc.) but shall have limited right to a recorded declaration use only specific Common Areas and which areas Installations as herein mentioned (i.e. not all Common Areas and Installations will be available for use by the allottees of Retail Units despite them having proportionate undivided share therein and shall be maintained entitled to use only those common areas as are mentioned in accordance Part-III of the Third Schedule hereinabove written). It is clarified that the Common Areas and Installations shall not include the parking spaces, roofs/terraces at different floor levels attached to any particular Apartment / Unit or Retail Space(s), exclusive greens / gardens attached to any particular Apartment / Unit, the staircase on the Northern side of the said Building, which is delineated in the Plan annexed hereto by “ ” borders, the open space measuring sq ft, on the Eastern side of the Building at the said Premises, as delineated in the Plan annexed hereto by “Green” borders, which is reserved for exclusive use by the owners and occupiers of the Retail Area, all Parking Spaces and other open and covered spaces at the Premises and the Building which the Promoter may from time to time express or intend not to be so included in the common areas and installations and the Promoter and the Owners shall be entitled to deal with and/or dispose of the declarationsame in its absolute discretion, to which the Allottee hereby consents. The term “Building Allottee has also been made aware of the fact that certain Common Areas,” as used in this Lease, Areas and Installations may be reserved and/or meant for use and enjoyment by the allottees of any one or more segment of the Project to the exclusion of the other allottees and no other allottees shall mean be entitled to use and/or enjoy the portions same and maintenance of such reserved Common Areas and Installations shall be paid for only by the users thereof. The Promoter reserves the right to modify / alter the scheme of use and enjoyment of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in and Installations to which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesAllottee hereby consents.

Appears in 2 contracts

Sources: Sale Agreement, Deed of Conveyance

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises., the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Article 2, below,

Appears in 2 contracts

Sources: Office Lease (Global Clean Energy Holdings, Inc.), Office Lease (Global Clean Energy Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a first-class manner consistent with that of other “Comparable Buildings” as that term is set forth in Section 4 of Exhibit H attached hereto, and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions (i) do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below, and (ii) are subject to the terms set forth in the Exhibit D attached hereto. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions be permitted which materially reduce or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference materially interfere with Tenant’s use rights or access hereunder. Except when and where ▇▇▇▇▇▇’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 2 contracts

Sources: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants (inclusive of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationany exterior landscaped areas). The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably Buildings designated as such by Landlord. The Project includes two (2) ground floor lobbies: one (1) lobby (the “North Lobby”) provides access to the North Building and North Tower, including the Retail Space; and one (1) lobby (the “South Lobby”) provides access to both the South Building and the South Tower. The North Lobby and South Lobby are Building Common Areas. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the provision of Article 7 below and the manner in which the common areas of the “Comparable Buildings,” as defined in Exhibit G attached hereto, are maintained and operated) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Any such closures, alterations or additions will be subject to the terms of Section 19.5.2 below.

Appears in 2 contracts

Sources: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)

Common Areas. Without limiting any other rights or remedies of Tenant, to the extent Landlord has such rights under the Master Lease, Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred attached to in Article 5 of this LeaseLease as Exhibit G, those portions of the Project which are provided, from time to time, for use in common by Master Landlord, Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Master Landlord, in its reasonable discretion, including certain areas designated for as permitted in the exclusive use of certain tenants, or to be shared by Landlord and certain tenantsMaster Lease, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Master Landlord or areas within as permitted in the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationMaster Lease. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordMaster Landlord as permitted in the Master Lease. The manner in which Landlord shall at all times cause Master Landlord to maintain and operate the Common Areas are maintained in compliance with Applicable Laws, and operated shall be at in a manner consistent with the reasonable discretion of Landlord and “Comparable Buildings,” as such term is defined below. Tenant acknowledges that as provided in the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Master Lease, Master Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Areas (and Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall cause Master Landlord to use commercially reasonable efforts to minimize advise Tenant in advance of any material such alterations, additions or changes), so long as such alterations, additions and changes will not result in an “Adverse Condition”, which for purposes hereof shall mean (i) any unreasonable interference with or material adverse effect on Tenant’s access to or use of the Premises for the Permitted Use, (ii) any unreasonable interference with or material adverse effect on Tenant’s access to or use of the Supplemental Areas or any other areas of the Building or Project outside the Premises to which Tenant has access pursuant to this Lease, or (iii) an event which affects the location or size of the Premises or any Supplemental Areas or any other areas of the Building or Project outside the Premises to which Tenant has access pursuant to this Lease. Subject to the terms of this Lease and access Tenant’s compliance with the Rules and Regulations attached to this Lease as Exhibit G and with such other reasonable, non-discriminatory Building rules and regulations promulgated in writing by Master Landlord, as permitted in the Master Lease, which will not result in an Adverse Condition, Tenant shall have the right of ingress and egress to the Premises, the Building Common Areas and the Project parking areas twenty-four (24) hours per day, seven (7) days per week. The term “Comparable Buildings” shall mean comparable buildings in terms of quality and desirability of location, age (based upon the date of completion of construction or major renovation as to the building containing the portion of the Premises in question), quality of construction, level, availability and type of services and amenities, height, size and appearance, and are located in downtown Los Angeles, California.

Appears in 2 contracts

Sources: Lease (CoreSite Realty Corp), Lease (CoreSite Realty Corp)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations set forth in Exhibit D, attached hereto and referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Section 2.2.2, below, are maintained) and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to timeset forth in Exhibit D, attached hereto. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall at all times use commercially reasonable efforts to minimize any material interference with the conduct of Tenant’s use of and access to business at the Premises.

Appears in 2 contracts

Sources: Office Lease (Apptio Inc), Office Lease (Apptio Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord, if any. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other first-class R&D/office buildings in San Jose, California, which buildings are comparable in quality of appearance, services, and amenities (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in the event of any such Common Area closure, provided thatchange, alteration or modification, except in connection therewithemergency situations as reasonably determined by Landlord, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use exercise commercially reasonable efforts to perform the same in a manner that is reasonably designed to minimize any material interference with Tenant’s access to and permitted use of and access to the PremisesPremises consistent with Comparable Buildings.

Appears in 2 contracts

Sources: Consent to Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)

Common Areas. Landlord hereby grants to Tenant, for the benefit of Tenant shall have and its employees, suppliers, shippers, customers and invitees, during the term of this Lease, the non-exclusive right to use use, in common with other tenants in others entitled to such use, the ProjectCommon Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Building or the Complex and subject to the Rules requirements and Regulations referred limitations on the use of parking areas. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in Article 5 the Common Areas. Any such storage shall be permitted only by the prior written consent of this LeaseLandlord or Landlord's designated agent, which consent may be revoked at any time. 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. If Landlord establishes Common Facilities (hereinafter defined), then Tenant may use, in common with Landlord's employees, contractors, agents, invitees, and other tenants, those portions of the Project which Building that are provided, designated by Landlord from time to time, time as be available for common use in common by Landlord, Tenant and any other tenants of (the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “"Common Areas”Facilities"). The Common Areas shall consist of the “Project Common Areas” Facilities include certain conference and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project training rooms designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Notwithstanding the foregoing, Tenant's use of any Common Facilities shall be subject to such rules regarding scheduling and priority as may be promulgated by Landlord from time to time. Tenant shall cause its employees, invitees, guests and contractors to use the Common Facilities (i) in a clean, safe and sanitary manner, (ii) in such a way as to minimize interference with any other party's use of any Common Facilities or its occupancy in the Building, and (iii) comply with such rules and regulations now or hereafter in existence or established by Landlord from time to time for the common and shared use of the Common Facilities. The cost of the Common Facilities shall be included in Operating Expenses except for expenses directly incurred by Tenant in connection with its use, which shall be paid by Tenant. Landlord reserves the right in its sole and absolute discretion to close temporarilyclose, make alterations reduce or additions to, or change the location of elements of the Project and expand the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts Facilities at any time and from time to minimize any material interference with Tenant’s use of and access to the Premisestime.

Appears in 2 contracts

Sources: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other Class A, mid-rise office buildings in San Mateo, California, which buildings are comparable in quality of appearance, services, proximity to public transportation and amenities (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform Areas so long as the exercise of such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with rights does not materially adversely affect Tenant’s use or occupancy of and or access to the PremisesPremises or the parking areas serving the Project.

Appears in 1 contract

Sources: Office Lease (ZS Pharma, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall (a) exclude any portions of the Project designated by Landlord for the exclusive use of (i) one or more tenants other than Tenant and/or (ii) Landlord, and (b) consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” " as used in this Lease, shall mean the portions of the Project designated as Common Areas by Landlord. The term "Building Common Areas," as used in this Lease, shall mean the Common Areas located within the Building reasonably designated as such by LandlordBuilding. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that in no event shall any such rules, regulations or restrictions materially increase Tenant’s obligations, or materially decrease or impair Tenant’s rights, under this Lease, and in the event of any conflict between such rules, regulations or restrictions and this Lease, this Lease shall control. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform that no such closuresclosure, alterations, additions or changes change in a commercially reasonable manner and, in connection therewith, location shall use commercially reasonable efforts to minimize any material interference with materially impair Tenant’s use of and or access to the PremisesPremises or the Building Parking Facilities or Tenant’s exercise of its rights under this Lease.

Appears in 1 contract

Sources: Office Lease (GRAIL, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Article 5, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Article 2 below.

Appears in 1 contract

Sources: Office Lease (Selectica Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants of the Building are permitted Common Areas may include, from time to utilize pursuant to time, in Landlord’s sole discretion, a recorded declaration conference center and which areas shall be maintained in accordance with the declarationother amenities. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord in accordance with Section 6.1.7 herein and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, that Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts not to minimize any material interference with materially and adversely affect Tenant’s use of and operations in, or access to to, the PremisesPremises as a result thereof.

Appears in 1 contract

Sources: Office Lease (Hyperion Therapeutics Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, which shall include the Building lobby on the first floor, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Sources: Office Lease (Opentv Corp)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its commercially reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of 692500.09/WLA371593-00023/6-13-12/ao/ao -7- KEY CENTER[▇▇▇▇▇▇ Realty, L.P.][Concur Technologies, Inc.] those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. Landlord The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the Project in a manner materially consistent with that of the “Comparable Buildings” (as that term is defined in Section 4 of Exhibit H), and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Sources: Office Lease (Concur Technologies Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the ProjectProperty, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project Property which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Property (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). Except during such periods as, and to the extent, Tenant is entitled to the exclusive use thereof, the Building lobby and Outdoor Terraces shall remain part of the Common Areas. The Common Areas shall consist of the “Project Property Common Areas” and the “Building Common Areas.” The term “Project Property Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within Common Areas located outside the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationBuilding. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordBuilding. The manner in which the Common Areas are maintained shall be as provided in Article 7 and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Exhibit G, attached hereto) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project Property and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant▇▇▇▇▇▇’s use of and access to the PremisesPremises or the Property parking facility.

Appears in 1 contract

Sources: Sublease (Reddit, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, outside of the Premises provided for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord, including, but not limited to, the non-exclusive right to use in common with Landlord or areas within the Project that the and other occupants of the Building are permitted such walkways, roadways, driveways, loading docks, parking facilities, the outdoor amenity space and other similar or related facilities as may exist in and about the Building and “Land” (as hereinafter defined) and be generally available to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with all occupants of the declarationProject. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord, including, without limitation, elevators, stairways, corridors, entranceways, rest rooms, loading docks, utility closets, risers, shafts, raceways and other similar or related facilities as may exist in and about the Building and be generally available to all occupants of the Building. The manner in which the Common Areas are shall be maintained and operated shall be at the by Landlord in a clean, neat, and commercially reasonable discretion of Landlord manner, consistent with a first class commercial office park, and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2 below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project (other than the Premises) and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts so as to minimize any material interference with with, or disruption to, Tenant’s use of and access to the Premises.

Appears in 1 contract

Sources: Lease (Conatus Pharmaceuticals Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the each Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Section 2.2.2 of this Lease, below, are maintained and operated) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant’s rights or access hereunder, provided that, in connection therewith, and Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Except when and where Tenant’s right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Sources: Office Lease (Ixia)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but in any event materially consistent with the standards then pertaining to Comparable Buildings) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use and provided further than such rules and regulations are enforced in a nondiscriminatory manner. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with that Tenant’s use right of access is not materially impaired thereby. Except when and where Tenant’s right of access is specifically excluded as the result of (i) an emergency, (ii) a requirement by applicable laws, or (iii) a specific provision set forth in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facilities twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Sources: Office Lease (Accelrys, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project (if any, and provided that, subject to any existing tenant holding over, from and after the Must-Take 3 Commencement Date, there shall be no other tenants of the Project, and Tenant’s right to use the Common Areas shall be exclusive, without any right of Landlord to make such Common Areas available for use by the public or any third parties, except as may be expressly permitted under this Lease, during any portion of the Lease Term when Tenant is the sole tenant of the Project), and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The ; provided that the Common Areas shall consist not include such portion of a Building that is or may be included in the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the Premises during any portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this LeaseLease Term (e.g., shall mean the portions of the Common Areas located within shall not include any portion of the Building reasonably designated as Must-Take Space 3 prior to the Must-Take 3 Commencement Date), nor any portion of the Construction Area after the construction of Must-Take Space 2 commences and prior to the Must-Take 2 Commencement Date, and during any period prior to commencement of construction of the Must-Take Space 2 when the Construction Area is being used by Landlord for storage of equipment or materials to be utilized in such by Landlordconstruction. The manner in which the Common Areas are maintained and operated shall be at the commercially-reasonable discretion of Landlord and (unless otherwise expressly provided in this Lease or the use thereof shall be subject Work Letter). To the extent reasonably necessary to the Rules and Regulations as Landlord may make from time to time. satisfy Landlord’s obligations under this Lease, Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, and to grant, without the consent or joinder of Tenant, such easements, rights of way and dedications that Landlord reasonably deems necessary for the orderly and efficient use and management of the Project, and to otherwise amend the Underlying Documents (as hereinafter defined) from time to time; provided that, that (i) in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material adverse effect of such activities on, and to mitigate any interference with that cannot be avoided using commercially reasonable efforts with, Tenant’s 's use of and access to the Premises, and (ii) Landlord shall notify Tenant in writing, as soon as reasonably practicable (except in the event of an emergency), in advance of taking any such actions. Subject to the foregoing, Tenant shall abide by and shall promptly observe and comply with, at its sole cost and expense, all easements, declarations, restrictive covenants, and any other instruments of record running with title to the land of the Project as are set forth on Exhibit A-5 (as the same may be modified, amended, supplemented or replaced from time to time, pursuant to the rights reserved to Landlord under (and subject to the limitations of) this Section 1.1.3, the "Underlying Documents") with respect to Tenant's use of the Common Areas.

Appears in 1 contract

Sources: Lease (Nuvasive Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with Project tenants the Project Common Areas and the non-exclusive right to use in common with other Building tenants in the ProjectBuilding Common Areas, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those . Those portions of the Project which are provided, from time to time, provided for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with and such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the Project Common Areas” Areas and the Building Common Areas.” . The term “Project Common Areas,as used in this Lease, shall mean (i) the portion of the Project designated as such by Landlord or and (ii) all common areas within designated in that certain Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for the Project that the occupants Lakeshore Towers, dated October 17, 1989, recorded October 23, 1989, as Instrument No. 89569018 of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with Official Records of Orange County, California (the declaration“CC&Rs”). The term “Building Common Areas,as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate same in a manner consistent with that of other first-class, high-rise office buildings in the ▇▇▇▇ ▇▇▇▇▇ Airport/South Coast Plaza, Costa Mesa, California area, which are comparable in size (containing at least 125,000 rentable square feet), quality of construction, and services and amenities to the Building (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Areas so long as Tenant’s access to and use of and access to the PremisesPremises is not adversely affected during Building Hours (as defined below).

Appears in 1 contract

Sources: Office Lease (United Pan Am Financial Corp)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain de minimus areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime provided the same are enforced in a nondiscriminatory manner. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with . Except when and where Tenant’s use right of and access is specifically excluded or restricted as the result of (i) an emergency, (ii) a requirement by Applicable Laws, or (iii) a specific provision set forth in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week, every calendar day during the Lease Term. Notwithstanding anything above to the contrary, Landlord shall manage, maintain and operate the Project in a manner materially consistent with other first-class, mid-rise or high-rise office buildings in El Segundo, California, which are comparable in terms of size (from 100,000 to 500,000 square feet), age or date and extent of renovation, quality of construction, appearance, and quality of common area improvements (the “Comparable Buildings”).

Appears in 1 contract

Sources: Office Lease (Internet Brands, Inc.)

Common Areas. Tenant shall have the right, which except as otherwise expressly provided in this Section 1.1.3 shall be non-exclusive right exclusive, to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenantstenants of the Project, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion outside areas of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants Common Areas may include, from time to time, in Landlord’s sole discretion, a conference center and other amenities, all of which shall be available for use by all tenants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordProject. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time; provided, however, subject to compliance with Applicable Laws, Landlord shall in no event promulgate and such rules, regulations and restrictions that shall have a material and adverse impact on Tenant’s rights to use of the Premises for the permitted use as set forth in this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises or the Equipment Area (as defined in Section 29.36 below).

Appears in 1 contract

Sources: Office Lease (NeuroPace Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, including Tenant, or to be shared by Landlord and certain tenants, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are shall be maintained and operated shall be in a first- class manner as determined at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.. Tenant acknowledges that Landlord is in the process of renovating the Common Areas. As of the date of this Lease, Landlord has completed all of the outdoor amenity renovations and the health fitness facility. 176640186.8 373606-000050

Appears in 1 contract

Sources: Lease (Organovo Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, time for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but at all times in a manner reasonably consistent with the "Comparable Buildings" (as that term is defined in Section 2.2.2 below)) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Article 5, below. Landlord reserves the right to close temporarily, make alterations or additions to, to or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Sources: Office Lease (Affymetrix Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder, and further provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the Premises. Except when and where Tenant's right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the Lease Term.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Halozyme Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, including Tenant, or to be shared by Landlord and certain tenants, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2 below; provided that, notwithstanding anything to the contrary in this Lease, Landlord shall operate the Project as a first class life sciences project comparable to other first class life sciences projects in San Diego. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Notwithstanding anything to the contrary in this Lease, in no event shall Landlord operate, maintain or make any changes to the Project or any portion thereof that will unreasonably interfere with or limit (a) Tenant’s access to or from the Premises, (b) Tenant’s use of the Premises, or (c) Tenant’s parking rights under this Lease.

Appears in 1 contract

Sources: Lease (Aethlon Medical Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"), which Common Areas shall include that certain shared kitchen area located on the second (2nd) floor of the Building (the "Shared Kitchen"). In connection with Tenant's use of the Premises, Tenant shall be permitted to use the Shared Kitchen on a non-exclusive basis in common with the other occupants of the Building throughout the Lease Term, subject to Landlord's rules and regulations, security requirements, repairs made by Landlord, and Articles 11 and 13 below. The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided thatthat Landlord shall give prior written notice to Tenant of any material changes to the Project or the Common Areas which relate to the Premises or adversely impact Tenant's use thereof, and in connection therewithno event shall such closure, alterations, additions, or change of location materially and adversely affect Tenant’s use of the Premises for the Permitted Use or cause a reduction in the size of the Premises or cause a change to the layout of the Premises. In the event of such closure, alterations, additions, or change of location, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to operations in the Premises.

Appears in 1 contract

Sources: Office Lease (Palisade Bio, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (provided Tenant’s use or occupancy of the Premises is not adversely materially impacted thereby) and the use thereof shall be subject to the Rules and Regulations Regulations” set forth on Exhibit D, attached hereto, provided that Landlord shall at all times maintain and operate the Common Areas in a first-class manner consistent with the “Comparable Buildings,” as Landlord may make from time to timesuch term is defined in Section 2.2.2 of this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term” and any “Option Term,” as those terms are defined in Section 2.1 and Section 2.2.1 respectively, below.

Appears in 1 contract

Sources: Office Lease (Memec Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules reasonable rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, including the Project's non-residential parking facilities (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas", the "Office Center Common Areas", and the "Building Common Areas.” The term “Project Common Areas,” " (as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building those terms are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationdefined below). The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within within, or solely serving, the Building reasonably and designated as such by Landlord. The term "Office Center Common Areas", as used in this Lease, ./ -/// -7- ▇▇▇▇▇▇ REALTY, L.P. [ACADIA Pharmaceuticals Inc.] shall mean the portions of the Common Areas located within, or solely serving, the Office Center and designated as such by Landlord. The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Sources: Office Lease (Acadia Pharmaceuticals Inc)

Common Areas. Tenant Areas within the outer property lines of the Development as delineated on the plat attached hereto marked Exhibit “A”, exclusive of areas therein specified or as built for leasing to tenants shall have be known as Common Areas, as shall all other areas from time to time designated by Landlord for use as part of the non-exclusive right Development. Landlord covenants and agrees at its sole cost and expense to improve said Common Areas by installing and constructing thereon parking lots, access roads, pedestrian walkways, sidewalks, exterior canopies, delivery and landscaped areas and lighting facilities to the extent to which Landlord shall determine to be necessary. Said Common Areas shall be available for the common use in common with other of all Landlord’s tenants in the ProjectDevelopment, their employees, customers and invitees. Notwithstanding anything elsewhere herein contained, Landlord reserves the right from time to time to make reasonable changes in, additions to and deletions from the Common Areas and the purposes to which the same may be devoted, and the use of Common Areas shall at all times be subject to such reasonable rules and regulations as may be promulgated by Landlord; provided, however, that Landlord covenants and agrees that Tenant’s Parking shall not be reduced without Tenant’s prior written consent and Tenant shall have, at all times during the Rules and Regulations referred to in Article 5 term of this Lease, those portions of the Project which are provided, from time reasonable vehicular and pedestrian access to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas Demised Premises are maintained a part, and operated shall be at the reasonable discretion of Landlord to and from Tenant’s Parking and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Demised Premises.

Appears in 1 contract

Sources: Lease Agreement (Great Basin Scientific, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the ProjectBuilding, and subject to the Rules and Regulations referred to (as defined in Article 5 Section 5.2 of this Lease), those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). Tenant’s use of the Common Areas shall be subject to the terms of this Lease and Landlord’s rights with respect to the Common Areas. The Common Areas shall consist of the “Project Common Areas” be under L▇▇▇▇▇▇▇’s sole control, and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord Landlord, and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with TenantT▇▇▇▇▇’s use of and access to the Premises.

Appears in 1 contract

Sources: Lease Agreement (Pelthos Therapeutics Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s T▇▇▇▇▇'s use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to construct and operate an amenities center in the Project for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term (provided that Tenant acknowledges that the amenities center is currently anticipated to begin operations after the Lease Commencement Date); provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 1 contract

Sources: Lease Agreement (Surrozen, Inc./De)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). In connection with the foregoing rules and regulations, Landlord hereby agrees that Landlord shall not enforce the same in a discriminatory manner. The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (provided that such maintenance and operation shall be at least materially consistent with the standard for maintenance and operation performed by landlords of “Comparable Buildings,” as that term is defined in Section 2.2.2 of this Lease) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference not materially interfere with Tenant’s use access to, parking for, and the conduct of and access to Tenant’s business at, the Premises.. 692326.07/WLA 123056-00076/7-12-12/ral/sew EXHIBIT A-1 -3- PLAZA CENTER [Blucora, Inc.]

Appears in 1 contract

Sources: Office Lease (Blucora, Inc.)

Common Areas. Tenant shall have Those areas within the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions outer property lines of the Project which are providedproperty as delineated on the plat attached hereto marked Exhibit "A", from time to time, for use in common by Landlord, Tenant and any other tenants exclusive of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein therein depicted as the “Common Areas”). The Common Areas Building area shall consist of the “Project Common Areas” and the “be known as Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with for the declarationmutual non-exclusive use of all Landlord's Tenants, including Tenants of the Building, their employees, customers and invitees. The term “All other areas of the Development, (exclusive of the Building Common Areas,” Area as used in this Lease, defined above) for joint use of all Tenants within the Development shall mean the portions of the be known as Development Common Areas located within the Building reasonably designated as such by Landlordshown on Exhibit "C" attached hereto and incorporated herein. The manner in which the Landlord covenants and agrees at its sole cost and expense to improve said Common Areas are maintained by installing and operated shall be at the reasonable discretion of Landlord constructing thereon access roads, pedestrian walkways, sidewalks, exterior canopies, delivery and the use thereof shall be subject landscaped areas and lighting facilities as depicted therein to the Rules and Regulations as extent to which Landlord may make from time shall determine to timebe necessary. Notwithstanding anything elsewhere herein contained, Landlord reserves the right from time to close temporarilytime to make reasonable changes in, make alterations or additions toto and deletions from the Common Areas (so long as parking is available to Tenant and Tenant's ingress and egress shall not be effected by said changes), or change the location of elements of the Project and the Common Areaspurposes to which the same may be devoted, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s and the use of Common Areas shall at all times be subject to such reasonable rules and access to the Premisesregulations as may be promulgated by Landlord.

Appears in 1 contract

Sources: Stock Purchase Agreement (Iomed Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article A1iicle 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain ce1iain areas designated for the exclusive use of certain ce1iain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that Mission Square, the Pedestrian Bridge, the Gondola, and Common Areas immediately adjacent thereto (collectively, the "Public Areas") may be public areas, for which the general public is granted access and use, and, therefore, Landlord's obligations regarding such Public Areas as set forth in this Lease are subject to such use and access by the general public. In addition, Tenant further acknowledges that the Transbay Joint Powers Authority (the "TJPA") has ce1iain rights to temporarily close all or any portion of Mission Square, the Pedestrian Bridge, and the Gondola. The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “"Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of other first-class high-rise office buildings in the vicinity of the Building are maintained and operated) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Sources: Office Lease (Forge Global Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are shall be maintained and operated shall be at in a manner consistent with the reasonable discretion “Comparable Buildings,” as that term is defined in Section 2.2.5 of Landlord this Lease, and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided, provided that, in connection therewithhowever, Landlord shall perform use commercially reasonable efforts not to materially interfere with T▇▇▇▇▇’s use of or access to the Premises in connection with such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premisesand/or changes.

Appears in 1 contract

Sources: Office Lease (LoopNet, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other Class A, mid-rise office buildings in the downtown areas of San Mateo, California, which buildings are comparable in quality of appearance, services, and amenities (the "Comparable Buildings") and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, . Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the PremisesPremises during the performance of any work described in the preceding sentence. To the extent that Tenant is deprived of the use of or access to the Premises as a result of any such work by Landlord, then Tenant's Rent shall be abated to the extent expressly provided in Section 6.4 below.

Appears in 1 contract

Sources: Office Lease (Wageworks, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.(as both of those terms are defined below). The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord (provided that Landlord shall maintain and operate the same in a manner consistent with that of other Comparable Buildings (as that term is defined in Section 4 of Exhibit H to this Lease)), and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord shall perform that no such closuresclosings, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which unreasonably reduce Tenant’s rights or access hereunder or otherwise unreasonably affect Tenant’s use of the Premises for the Permitted Use. Except when and where Tenant’s right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facilities twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Sources: Office Lease (Versartis, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the Premises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to operate an amenities center in the Project for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term; provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project). Landlord shall take all commercially reasonable measures to prevent, to the extent practicable, any intrusion of odors, noise, or vibrations from the Common Area on the first floor of the Building to the Premises.

Appears in 1 contract

Sources: Lease (MyoKardia Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, including Tenant, or to be shared by Landlord and certain tenants, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are shall be maintained and operated shall be in a first-class manner as determined at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Tenant acknowledges that Landlord is in the process of renovating the Common Areas. As of the date of this Lease, Landlord has completed all of the outdoor amenity renovations and the health fitness facility.

Appears in 1 contract

Sources: Lease Agreement (Organovo Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project including, without limitation, entrances, lobbies, fire vestibules, mechanical areas, ground floor corridors, elevators and elevator foyers, parking areas, loading and unloading areas, plaza areas, if any, ramps, drives, stairs, and similar access ways and service ways in, adjacent to or serving the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord (provided the same shall at all times be consistent with comparable landlords of First Class Life Sciences Projects) and the use thereof shall be subject to the Rules and Regulations Regulations” (as Landlord may make from time set forth and subject to timeSection 5.2 below). Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that (i) none of the foregoing materially and adversely affects Tenant’s use of, provided thator access to, in connection therewiththe Building, the Premises or the parking areas serving the Building or the size of the Premises, and (ii) Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use uses commercially reasonable efforts to minimize any material interference with the conduct of Tenant’s use of and access to the Premisesbusiness.

Appears in 1 contract

Sources: Lease (Maze Therapeutics, Inc.)

Common Areas. 5.1 The Landlord covenants and agrees to maintain and provide servicing of Common Areas including lighting, security, refuse removal, snow removal and cleaning as would a landlord acting reasonably having regard to the nature of the Project and the objectives of the Environmental Management Plan. 5.2 The Landlord shall, at all times, have exclusive control and management of the Project, and, without limiting the generality of the foregoing, such control shall apply to signs, the use of show windows and the use made by the Tenant and the public of the parking areas of the Project. The Landlord shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions any part of the Project which are providedCommon Areas, from time to time, for use merchandising, display, decorations, entertainment and structures designed for retail selling (including kiosks) or special features or promotional activities and the Landlord shall be entitled to receive and retain all revenue in respect thereof, subject to the provisions hereof. 5.3 The Landlord hereby grants to the Tenant, its employees, invitees and licensees, in common with all others entitled thereto, a licence during the subsisting Term and any renewal or extension thereof for the purposes of reasonable ingress to and egress from the Premises with or without vehicles over that portion of the Lands as the Landlord may from time to time designate, provided, however, that reasonable pedestrian access shall be available to the Premises. The Landlord shall have the right to alter the location and size of the areas which are subject to this licence and rights, provided that reasonable access is provided by the Landlord for the purposes aforesaid. 5.4 The Tenant acknowledges and agrees that the Landlord has the right to regulate and restrict the parking of motor vehicles in the Project and the Tenant covenants that it will, and will cause its employees to, observe all reasonable regulations and restrictions made by the Landlord from time to time with respect to parking on those portions of the Common Areas provided for that purpose and the Tenant shall notify its employees of the Landlord’s parking regulations and restrictions. The Tenant shall supply the automobile license plate numbers of its employees to the Landlord upon request. The Landlord reserves the right to: (a) remove any automobile which, in the reasonable opinion of the Landlord, is infringing regulations made by the Landlord with respect to parking without notice and notwithstanding any bylaws or regulations of any governmental authority concerning removal and towing of motor vehicles; such removal with respect to any automobiles owned by the Tenant or its agents, customers, employees or invitees shall be at the sole risk and expense of the Tenant; and (b) impose charges for the use of the parking areas or other parking facilities, such rates to be determined by the Landlord having regard to parking facilities provided, and the Landlord shall have the right to retain for itself all revenue received by the Landlord for the use of parking areas or parking facilities without any credit to the Tenant or any other tenants of the Project (such Project. 5.5 The Tenant shall not keep or display any merchandise on or otherwise obstruct the parking areas, together with such sidewalks, any other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions part of the Common Areas located within or any part of any other tenant’s premises. 5.6 The Tenant acknowledges that it is the intention of the Landlord to develop, construct, maintain, continue to modernise and update the Project, including without limitation, the implementation of the objectives of the Environmental Management Plan as determined by the Landlord, and if necessary, in the sole opinion of the Landlord, to expand the Project from time to time as economic and market conditions permit and, in furtherance of all or any of these intentions, it is understood and agreed that subject to Article 5.7, the Landlord shall have the right at all times and from time to time throughout the Term to: (a) change the area, size, level, location and/or arrangement of the Project or any part thereof (other than the Premises) including the Common Areas; (b) construct other buildings, structures or improvements in the Project and make alterations thereof, additions thereto, or re-arrangements thereof, demolish parts thereof, build additional storeys on any building in the Project other than the Building reasonably designated (and, for such purposes, to construct and erect columns and support facilities in any building other than the Building), and construct additional buildings or facilities adjoining or proximate to the Project; (c) construct multiple deck, elevated or underground parking facilities, and expand, reduce or alter the same in any manner whatsoever; provided that the Landlord shall at all times maintain in the Building a number of normal-sized parking stalls made available to the Tenant at least equal to the Original Parking Stall Amount (as such by Landlord. The manner term is defined in which Schedule E, Item 9) as the Common Areas are maintained and operated shall same may be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make reduced from time to time. Landlord reserves ; (d) relocate or rearrange the right to close temporarilyvarious buildings, make alterations or additions to, or change the location of elements parking areas and other parts of the Project (excluding the Premises) from those existing at the Commencement Day or shown on Schedule A1; (e) make changes and additions to the pipes, conduits and ducts or other structural and non-structural installations in the Premises where desirable to serve the Common Areas and other premises in the Project or to facilitate expansion or alteration of the Project, (including without limitation the construction and erection of columns and support facilities) but the Landlord shall not unreasonably interfere with the use and enjoyment of the Premises beyond the extent necessarily incidental to such changes, additions and installations, and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize make good any material interference with Tenant’s use of and access damage to the PremisesPremises arising in the course of such changes and additions; (f) add additional lands to the Project; (g) temporarily obstruct or close off the Common Areas or any parts thereof for the purpose of maintenance, repair or construction; and (h) have access for itself and all workers, agents, contractors and licensees at all reasonable times for the purpose of carrying out the activities set forth in this Article 5.

Appears in 1 contract

Sources: Lease (Zymeworks Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of include, without limitation, an athletic facility to be available for use by Tenant's employees (the “Project Common Areas” "Athletic Facility"), as well as baseball and the “Building Common Areas.” The term “Project Common Areas,” as used in this Leasesoccer fields, shall mean the portion a water front park, and a perimeter walking/biking trial, and such further portions of the Project designated or additional or different facilities as such Landlord may from time to time designate or install or make available for the use by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained Tenant in accordance common with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlordothers. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord (provided that Landlord shall maintain the Common Areas in at least as good a condition as exists as of the date of this Lease) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time; provided that rules, regulations and restrictions first affecting the Project after the date of this Lease shall not materially adversely affect Tenant’s possession, use or enjoyment of the Premises for the Permitted Use or materially adversely affect Tenant’s parking rights under this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, that Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with to the conduct of Tenant's business and Tenant’s use of and access parking rights under this Lease (subject to the PremisesArticle 28 below).

Appears in 1 contract

Sources: Office Lease (C3.ai, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants ten ants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with . Except when and where Tenant’s use right of and access is specifically excluded as the result of (i) an emergency, (ii) a requirement of applicable laws, or (iii) a specific provision set forth in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Article 2 of this Lease.

Appears in 1 contract

Sources: Office Lease (BrightSource Energy Inc)

Common Areas. Landlord hereby grants to Tenant shall have during the term of this Lease, a license to use, in common with the others entitled to such use, the Common Areas as they from time to time exist, subject to the rights, powers and privileges herein reserved to Landlord. The term “Common Areas” as used herein will include all areas and facilities that are provided and designated by Landlord for general non-exclusive right use and convenience of Tenant and other tenants in the Project (as defined below). Common Areas include but are not limited to the roof of the Building (subject to the provisions of Article 17), the exterior of the Building, the pedestrian sidewalks, and ingress and egress to the Premises over ▇▇▇▇▇▇▇ Farm Road (the “Access Road”), and use of the other drives, and rights of way serving the Premises in common with other tenants in parts of the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right upon reasonable prior notice to Tenant to close temporarily, make alterations or additions to, or change the location of elements of the Project Common Areas and the Common AreasProject, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. The “Project” means the Building, the Common Areas, and such other buildings, roadways, surrounding land and air space, and all other improvements that comprise the commercial and industrial park known as Island ▇▇▇▇▇ Commerce Park. The parties acknowledge and agree that the maintenance, repair, replacement, operation, and administration of portions of the Common Areas that are not located on the Land and serve the Project may be under the control of third parties other than Landlord pursuant to reciprocal easement agreements and other agreements governing the use and operation of the Project (collectively, the “Project Documents”), to which this Lease is subject and subordinate. Therefore, and notwithstanding anything to the contrary contained in this Lease, ▇▇▇▇▇▇▇▇’s sole responsibility with respect to the maintenance, repair, replacement, operation, or administration of portions of the Project not within Landlord’s immediate control shall be to use commercially reasonable efforts to enforce Landlord’s rights with respect thereto under the Project Documents.

Appears in 1 contract

Sources: Lease Agreement (Organogenesis Holdings Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease5, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, whether or not those areas are open to the general public (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, such as balconies abutting tenants’ premises, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other first-class, mid-rise office buildings (including the office buildings constructed adjacent to the Project as “Phase I” of The Water Garden, hereafter referred to as “Phase I”) in the Santa Monica, California area, which are comparable in terms of size, quality of construction, appearance, and services and amenities (the “Comparable Buildings”). Landlord agrees that it will cause the Building and the use thereof shall Project to be subject to the Rules operated and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes managed in a commercially reasonable first-class manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference consistent with Tenant’s use that of and access to the Premisesa reasonably prudent building manager of Comparable Buildings.

Appears in 1 contract

Sources: Office Lease (Cornerstone OnDemand Inc)

Common Areas. Tenant “Common Areas” shall have mean the non-exclusive right to use plaza and sidewalk areas, accessways and Project parking facilities, including surface parking (collectively the “Parking Facilities”), and the area on individual floors in common with the other tenants in buildings of the Project, devoted to corridors, fire vestibules, elevators, foyers, lobbies, electric and subject to telephone closets, restrooms, mechanical rooms, janitor’s closets, and other similar facilities for the Rules benefit of all tenants and Regulations referred to in Article 5 invitees and shall also mean those areas of this Lease, those portions the other buildings of the Project which are provideddevoted to mechanical and service rooms servicing the Building, from time to time, for use in common by Landlord, Tenant and any or the other tenants buildings of the Project (such areasProject, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”)applicable. The Common Areas shall consist be subject to the exclusive management and control of Landlord. Landlord shall have the “Project Common Areas” right from time to time to designate, relocate and limit the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion use of the Project designated as such by Landlord particular areas or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated so long as such by Landlord. The manner in which relocation or limitation does not prevent Tenant from accessing the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the Premises or Parking Facilities or materially interfere with Tenant’s use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and Premises for the Common Areas, provided that, in connection therewith, conduct of its business (Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize give Tenant advance notice of such actions if Tenant would be affected thereby). Landlord shall also have the right to temporarily close all or any material interference portion of the Common Areas as may, in the reasonable discretion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights in any person so long as such action does not prevent Tenant from accessing the Premises or Parking Facilities or materially interfere with Tenant’s use of and access the Premises for the conduct of its business (Landlord shall use commercially reasonable efforts to the Premisesgive Tenant advance notice of such temporary closures if Tenant would be affected thereby).

Appears in 1 contract

Sources: Office Lease (Capitalsource Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Sources: Office Lease (Retrophin, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project such as entrances, lobbies, fire vestibules, restrooms, mechanical areas, ground floor corridors, elevators and elevator foyers, electrical and janitorial closets, telephone and equipment rooms, loading and unloading areas, the Project’s plaza areas, if any, ramps, drives, stairs and similar access ways and service ways and other common areas and facilities in and adjacent to the Building and the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord (provided that Landlord shall maintain the Common Areas in a manner consistent with landlords of First Class Life Sciences Projects) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time, not to be discriminatorily applied vis-à-vis Tenant. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the PremisesPremises and parking areas.

Appears in 1 contract

Sources: Lease (Audentes Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other first-class, office "flex" buildings in the vicinity of the Project, which buildings have a rental area of greater than 50,000 rentable square feet, and are comparable in quality of appearance, services and amenities to the Building (the "Comparable Buildings"), and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Sources: Multi Tenant Office Triple Net Lease (Aehr Test Systems)

Common Areas. 42.1 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 may from time to time change the size, location, nature and use of any of the Common Areas, including converting Common Areas into leasable areas, constructing additional parking facilities (including parking structures) in the Common Areas, and increasing or decreasing Common Area land and/or facilities. Tenant acknowledges that such activities may result in occasional inconvenience to Tenant from time to time. Such activities and changes shall be expressly permitted if they do not materially affect Tenant's use of the Property. 42.2 Tenant shall have the non-exclusive right to use (in common with other tenants in and all others to whom the ProjectLandlord has granted or may grant such rights) to use the Common Areas for the purposes intended, and subject to the Rules such reasonable rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, regulations as Landlord may establish from time to time, for . Tenant shall abide by such rules and regulations and shall use in common its best efforts to cause others who use the Common Areas with Tenant's expressed or implied permission to abide by Landlord's rules and regulations. At any time, Landlord may close any Common Areas to perform any acts in and to the Common Areas as, in Landlord's judgement, may be desirable to improve the Project. Tenant and shall not, at any time, interfere with the rights of Landlord, other tenants, or any other tenants person entitled to use the Common Areas. 42.3 Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project, in Landlord's sole discretion, as a first class commercial real property development. All costs incurred by Landlord for the operation and maintenance of the Project (such areas, together with such other portions of Common Areas in the Project designated shall be allocated by Landlord, in its discretion, including certain areas designated for among the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as buildings within the “Common Areas”)Project. The Common Area costs allocated to the Building shall be included in the Total Operating Expenses, pursuant to Paragraph 3.9(m). Common Area cost include, but are not limited to, costs and expenses for the following: gardening and landscaping; utilities, water and sewage charges; maintenance of signs (other than Tenants' signs), premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas shall consist and worker's compensation insurance; all real property taxes and assessment levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed in the operation or maintenance of the “Project (Common Areas” and ; rental or lease payments paid by Landlord for rented or leased personal property used in the “Building operation or maintenance of the Common Areas.” The term “Project Common Areas,” as used in this Lease; fees for required licenses 56 and permits; repairing, shall mean the portion of the Project designated as such by resurfacing, repaving, maintenance, painting, lighting, cleaning, refuse removal, security and similar items; reserves for roof replacement and exterior painting and other appropriate reserves; and a reasonable allowance to Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions for Landlord's supervision of the Common Areas located within (not to exceed five percent (5 %) of the Building reasonably designated as total of all other Common Area costs for the year). Landlord may cause any or all of such services to be provided by Landlordthird parties. The manner in Common Area costs shall not include depreciation of real property which forms part of the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesArea.

Appears in 1 contract

Sources: Lease Agreement (Avesis Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, including Tenant, or to be shared by Landlord and certain tenants, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2, below; provided that, notwithstanding anything to the contrary in this Lease, Landlord shall operate the Project as a first class life sciences project comparable to other first class life sciences projects in San Diego. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Notwithstanding anything to the contrary in this Lease, in no event shall Landlord operate, maintain or make any changes to the Project or any portion thereof that will unreasonably interfere with or limit (a) Tenant’s access to or from the Premises, (b) Tenant’s use of the Premises, or (c) Tenant’s parking rights under this Lease.

Appears in 1 contract

Sources: Lease (Aethlon Medical Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use and have been provided to Tenant in writing. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewiththat no such changes shall be permitted which materially reduce Tenant’s rights or access hereunder. Notwithstanding the foregoing, Landlord shall perform have the right to cause the Common Areas to be maintained and operated by an association (a “Project Association”) pursuant to a declaration or similar instrument for the Project. In such closuresevent, alterationsthe Project Association shall have the right to close temporarily, make alterations or additions to or changes change the location or elements of the Common Areas in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference accordance with the terms of this Lease. Except when and where Tenant’s use right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Article 2, below.

Appears in 1 contract

Sources: Office Lease (Rockley Photonics Holdings LTD)

Common Areas. Tenant shall have the non-exclusive right to use in common with the Landlord or other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areasProject, together with such including certain walkways, driveways, courtyards, landscaped and hardscaped areas and other portions of the Project improvements and facilities now or hereafter constructed surrounding, which are designated from time to time by Landlord, in its absolute discretion, including certain as common areas designated for the exclusive use of certain tenants, or to be shared by Landlord Landlord, Tenant and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion other tenants of the Project designated as such by Landlord or areas within (collectively, the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building "Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord"). The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such reasonable and Regulations customary rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily(i) make any changes, make alterations additions, improvements, repairs and/or replacements in or additions toto the Project or the Common Areas, including, without limitation, expanding or change decreasing the location of elements size of the Project and any Common Areas and other elements thereof, including adding, deleting and/or excluding buildings thereon and therefrom; (ii) close temporarily any of the Common Areascommon areas while engaged in making repairs, provided thatimprovements or alterations to the Project, as long as such changes do not prevent Tenant’s ingress to or egress from the Premises; or (iii) perform such other acts and make such other changes with respect to the Project as Landlord may, in connection therewiththe exercise of good faith business judgment, Landlord deem to be appropriate. Subject to Landlord's reasonable rules, regulations and requirements and applicable laws, Tenant shall perform such closureshave the non-exclusive right to use the Building's shafts, alterationsrisers or conduits for the installation and maintenance of conduits and cables for communications, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference data processing devices and other facilities consistent with Tenant’s use of and access to the its Premises.

Appears in 1 contract

Sources: Commercial Lease (NantKwest, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime as provided in Section 5.2 of this Lease, provided that Landlord shall at all times maintain and operate the Common Areas in a first-class manner consistent with the "Comparable Buildings," as such term is defined in Section 2.2.2 of this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common AreasAreas as long as such changes do not (i) change the nature of the Project to something other than a first-class project (ii) materially, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with adversely effect Tenant’s 's use of the Premises for the Permitted Use, as granted under Section 7 of the Summary, (iii) materially, adversely reduce Tenant's ingress to or egress from the Project, Building, the Premises or the parking areas servicing the same, or (iv) materially reduce the parking area available for use by Tenant. Except when and where Tenant's right of access is specifically excluded as a result of (x) an emergency, (y) a requirement by law, or (z) a specific provision set forth in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Sources: Office Lease (Farville Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"COMMON AREAS"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term “Project Common Areas"PROJECT COMMON AREAS," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas"BUILDING COMMON AREAS," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, that in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of of, and access to, the Premises. Subject to Landlord's reasonable rules and regulations, Tenant shall have access to the Premises, twenty-four (24) hours a day, three hundred sixty-five (365) days a year.

Appears in 1 contract

Sources: Office Lease (Schuler Homes Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The Common Areas shall be maintained and operated in a manner consistent with the “Comparable Buildings” as that term is set forth in which Section 4 of Exhibit G, attached to this Lease. Notwithstanding anything set forth herein to the contrary, the use of the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules express provisions of this Lease and Regulations such rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not (a) unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use granted under Section 5.1, below or (b) materially increase the cost of Tenant’s occupancy of the Premises through a material increase in Additional Rent. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant’s rights or access hereunder, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference otherwise materially interferes with Tenant’s ability to use the Premises for the Permitted Use. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Sources: Office Lease (Bridgepoint Education Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at Landlord's reasonable discretion, provided that Landlord shall maintain and operate the reasonable discretion same in a manner consistent with the maintenance and operation of Landlord common areas in "Comparable Buildings," as defined in Section 4 of Exhibit H attached hereto and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. The Common Areas currently include the roof deck of the Building (the "Roof Deck"), provided thatwhich currently can be used on a non-exclusive basis by third parties (including Building tenants). Notwithstanding the foregoing, Landlord reserves the right, in connection therewithits sole discretion, Landlord to close, alter, add to, change the Roof Deck, and/or cease further use thereof by third parties (including Building tenants), at any time in the future. Except when and where Tenant's right of access is specifically excluded in this Lease, Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Sources: Office Lease (Nektar Therapeutics)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the "Comparable Buildings," as that term is defined in Section 4 of Exhibit H, are maintained and operated) and the use thereof shall be subject to the Rules such reasonable and Regulations nondiscriminatory rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably or materially interfere with the rights granted to Tenant under this Lease or the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, the Common Areas, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Article 2, Section 2.1, below. The café and fitness center in the Building are maintained and operated by another tenant in the Building as part of such tenant's premises. Notwithstanding the foregoing, Landlord shall not discriminate against Tenant in permitting Tenant to use the fitness center and café to the extent within Landlord's control.

Appears in 1 contract

Sources: Office Lease (Evofem Biosciences, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided, provided thathowever, in connection therewiththat Tenant and its employees, Landlord shall perform such closuresagents, alterationsinvitees and guests shall, additions or changes in a commercially at all times during the Lease Term, have reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Sources: Office Lease (Solar Power, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the ProjectProject (if any), and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project that are outside of the Building and which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, tenants are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with the terms of Article 5 of this Lease, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises or Tenant’s parking rights. In addition, provided Tenant leases one hundred percent (100%) of the Building, Tenant shall have the exclusive right to use the outdoor patio area adjacent to and serving the Building (the “Patio Area”), and, Tenant may use such Patio Area for special events, outdoor dining and outdoor seating. Tenant’s use of the Patio Area shall be subject to (i) such rules and regulations as Landlord may promulgate from time to time (subject to the restrictions set forth in Section 5.2 of this Lease)and (ii) all Applicable Laws. Tenant shall be responsible, at Tenant’s sole cost and expense, to keep the Patio Area in a clean and neat condition acceptable to Landlord, including, without limitation, keeping the Patio Area free from paper litter, dishes and utensils and promptly cleaning up food and beverage spills. Tenant’s insurance and indemnity obligations under this Lease shall also pertain to the Patio Area as if the Patio Area were a part of the Premises.

Appears in 1 contract

Sources: Office Lease (Audience Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to construct and operate an amenities center in the Project for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term (provided that Tenant acknowledges that the amenities center is currently anticipated to begin operations after the Lease Commencement Date); provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 1 contract

Sources: Lease (Tenaya Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Article 2, below.

Appears in 1 contract

Sources: Office Lease (Viking Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, and such other rules and regulations as the owner(s) of the applicable areas of the Project may reasonably designate from time to time, those portions of the Project which are provided, from time to time, for use in common by Landlord, the other owner(s) of the applicable areas of the Project, Tenant and any other tenants of the Project Project, and any association or associations or other entity(ies) that may be set up from time to time to deal with such areas (the "Association") (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the “Project Common Areas” Tenant acknowledges and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project agrees that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord the Association, and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord, the Rules Association and Regulations as Landlord such other owner(s) may make from time to time. Landlord reserves reserves, on behalf of itself, the Association and any subsequent owner(s), the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided, provided that no such changes shall be permitted which materially interfere with Tenant's Permitted Use, enjoyment of the Premises, or rights or access hereunder; provided, further, that, in connection therewithno event shall such actions taken by Landlord or the Association be construed as an eviction of Tenant, give rise to any right of abatement of Rent or relieve Tenant from fulfillment of any obligation and/or covenant in this Lease. Except when and where Tenant's right of access is specifically excluded as a result of (a) an emergency, (b) a requirement of law, or (c) an express provision set forth in this Lease, Tenant shall have the right of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the "Lease Term", as that term is defined in Section 2.1 below. In the event that at any time there is no Association in place, Landlord shall have the right to appoint any person or entity in its sole good faith discretion (which may, without limitation, include Landlord or its affiliate(s)) to perform the functions of such closuresAssociation as contemplated in this Lease, alterationsprovided (1) such appointed person or entity shall be known as the "Association" for all purposes hereunder, additions and (2) such appointed person or changes entity shall be reputable and experienced in a commercially reasonable manner andthe management and operation of projects of comparable size, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of scale and access to complexity as the PremisesProject.

Appears in 1 contract

Sources: Lease Agreement (Broadcom Cayman L.P.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “"Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordBuilding. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime (the "Rules and Regulations"). Landlord reserves the right shall use reasonable efforts to close temporarily, make alterations cause other tenants or additions to, or change the location of elements occupants of the Project to comply with the Rules and the Common AreasRegulations and to avoid any unreasonable, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with of Tenant’s 's use of the Premises as a result of the failure of such other tenants or occupants to comply with the Rules and access Regulations. The Rules and Regulations of the Project, attached to and made a part of the Premises.Lease as Exhibit "D," shall not be changed or revised or enforced in any unreasonable way by Landlord, nor enforced or changed by Landlord in such a way as to substantially interfere with "Tenant's Lease Rights," as that term is defined in Section 1.1.4

Appears in 1 contract

Sources: Office Lease (Artistdirect Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which Landlord shall maintain and operate the Common Areas are maintained and operated shall be at in a professional manner consistent with the reasonable discretion of Landlord standards applicable to Comparable Buildings, and the use thereof shall be subject to the Rules such commercially reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform as long as no such closures, alterations, additions or changes result in a commercially reasonable manner and, in connection therewith, shall Tenant not being able to access the Premises or use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises for the Permitted Use.

Appears in 1 contract

Sources: Office Lease (Arrowhead Pharmaceuticals, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain de minimus areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"COMMON AREAS"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term “Project Common Areas"PROJECT COMMON AREAS," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas"BUILDING COMMON AREAS," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime provided the same are enforced in a nondiscriminatory manner. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas. Except when and where Tenant's right of access is specifically excluded or restricted as the result of (i) an emergency, provided that(ii) a requirement by Applicable Laws, or (iii) a specific provision set forth in connection therewiththis Lease, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the Lease Term. Notwithstanding anything above to the contrary, Landlord shall maintain and operate the Project in a manner materially consistent with other first-class, mid-rise office buildings in El Segundo, California, which are comparable in terms of size (from 100,000 to 500,000 square feet), date and extent of renovation, age, quality of ▇▇▇▇▇▇ REALTY [999 North ▇▇▇▇▇▇▇▇▇] [Encore Software] construction, appearance, and quality of common area improvements (the "COMPARABLE BUILDINGS").

Appears in 1 contract

Sources: Office Lease (Navarre Corp /Mn/)