Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1. (i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties. (ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 3 contracts
Sources: Master Lease (Sears Holdings Corp), Master Lease (Seritage Growth Properties), Master Lease (Seritage Growth Properties)
Common Areas. As used in this LEASE, COMMON AREAS shall mean all areas within the SHOPPING CENTER (a) During the Term, until the occurrence whether owned by LANDLORD or any other owner affiliated with LANDLORD of any portion of the Multi-Tenant Occupancy Date, Tenant shall have SHOPPING CENTER) which are not leased or held for the exclusive use of TENANT or other tenants, including, but not limited to, all parking areas, driveways, sidewalks, loading areas (except any loading area for the exclusive use of TENANT or any other tenants in the SHOPPING CENTER), access roads, storm drains, curbs, parking area lighting, directional signs, landscaping and possession planted areas as depicted on Exhibit “B” or existing, or to be in existence, in or about the SHOPPING CENTER during the TERM hereof. The SHOPPING CENTER shall be operated as a single, contiguous shopping center (i.e., no fences, landscaping or other barriers which separate any portion of all Common Areas (subject the SHOPPING CENTER from the remaining portion thereof) and LANDLORD shall not change, or permit others to all applicable provisions temporarily or permanently change, the size, location, nature and use of any of the COMMON AREAS, including the quantity, location, sizing or proximity to the PREMISES of vehicle parking spaces, or convert COMMON AREAS into leasable areas, or increase or decrease COMMON AREA land. If any portion of the SHOPPING CENTER is sold or otherwise conveyed to any person, or if additional areas are added to the SHOPPING CENTER, LANDLORD shall cause such portion(s) so sold, and such portions of such areas so added as are not leased or otherwise occupied exclusively by a tenant or other occupant, to continue to be subjected, or to be subjected, to the COMMON AREA uses required by this LEASE. To the extent the COMMON AREAS ever include areas not owned by LANDLORD, LANDLORD shall not consent to any change in any of such areas, or any use thereof, which would violate the terms of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible thereforLEASE, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(iwithout limitation) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master LeaseSection, but rather LANDLORD shall use its best efforts to enforce all Encumbranceslegal rights which LANDLORD may have to avoid any such violation. Notwithstanding the foregoing, LANDLORD may make such modifications to the COMMON AREA of the SHOPPING CENTER as may be required to comply with applicable laws and ordinances, but in doing so LANDLORD shall use all applicable Legal Requirements reasonable efforts to avoid any adverse effect on the visibility of, access to, or use of the PREMISES by TENANT and Insurance Requirementsits invitees. TenantLANDLORD represents and warrants to TENANT that there are no agreements or other arrangements made with neighboring property owners, other tenants of the SHOPPING CENTER, or other parties, that affect the PREMISES, the COMMON AREAS or the SHOPPING CENTER, or portions thereof or conflict with TENANT’s rights or LANDLORD’s obligations hereunder, including but not limited to: the use of vehicle parking spaces, the maintenance of asphalt, concrete, landscaping or other areas without structures, future development, utility services, security, vehicular or pedestrian access or egress, signage, drainage, advertising or TENANT’s use of the Common Areas PREMISES, the COMMON AREAS or the SHOPPING CENTER. LANDLORD shall be subject to all rules operate the SHOPPING CENTER as an integrated retail center and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time shall adopt and from time to time), and the enforce reasonable, nondiscriminatory non-discriminatory rules and regulations promulgated by Landlord in its discretion from time to timegoverning the use of the COMMON AREA of the SHOPPING CENTER, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesparking areas.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 3 contracts
Sources: Standard Multi Tenant Lease (99 Cents Only Stores), Standard Multi Tenant Lease (99 Cents Only Stores), Lease Agreement (99 Cents Only Stores)
Common Areas. Common Areas" shall mean all areas, spaces, facilities and equipment (awhether or not located within the Building) During made available by Landlord for the Termcommon and joint use of Landlord, until Tenant and others designated by Landlord using or occupying space in the occurrence Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Multi-Tenant Occupancy DateBuilding and others designated by Landlord), Tenant drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall have the exclusive use and possession of mean all Common Areas (subject to all applicable provisions of this Master Leaseloading docks, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses loading areas and all Property Document CAM Expensescorridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the maintenance Building (whether or not located within the Building) but to which Tenant and repair obligations pursuant other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) use the Common Areas located wholly within and Service Corridors during the Property Term of this Lease for their intended purposes, in such a manner as common with others designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditionsLease. The Building, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, Service Corridors and Service Areas will be at any time all times under the exclusive control, management and from time to time), operation of Landlord. Tenant agrees and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, acknowledges that the same shall Premises (whether consisting of less than one floor or one or more full floors within the Building) do not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withLandlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the historical practices of Tenant at that Store or that may be conducted acoustical ceiling and any other areas not specifically shown on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use Exhibit B as being part of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsPremises.
Appears in 3 contracts
Sources: Master Lease Agreement, Master Lease Agreement, Master Lease Agreement
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have non-exclusive access to (and use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time (“Common Areas”), provided that Landlord shall have the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive use and possession of all Common Areas (subject right to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) designate the Common Areas located wholly within Areas, (ii) change the Property designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with action that would permanently reduce the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users available parking in the Common Areas located wholly within vicinity of the Property, further subject to Building or permanently impair Tenant’s obligations in Section 10.1(c)ingress and egress to and from the Building. Tenant shall have a nonexclusive right and license not unreasonably interfere with the rights of others to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance RequirementsAreas. Tenant’s All use of the Common Areas shall be subject to all the rules and regulations set forth described in Section 12(b) hereof. Any temporary reduction of the available parking in the applicable Encumbrances (including, without limitation, vicinity of the Building or any rights temporary impairment of any parties (including Landlord) the ingress and egress to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users Building shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices occur only during cases of Tenant at that Store emergency or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses as reasonably necessary in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to any repairs, alterations or construction by Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights be accomplished in such a manner (as opposed to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the nature extent practicable in light of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Thirdthen-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionscurrent situation.
Appears in 3 contracts
Sources: Office Lease (Medquist Inc), Office Lease (CBaySystems Holdings LTD), Office Lease (CBaySystems Holdings LTD)
Common Areas. (a) During A. Tenant agrees that the Termuse of all corridors, until passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the occurrence Tenant or Tenant’s employees, visitors or invitees, shall be subject to such rules and regulations as may from time to time be made by Landlord for the safety, comfort and convenience of the Multi-owners, occupants, tenants and invitees of said Building. Tenant Occupancy Dateagrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord.
B. In addition to the Premises, Tenant shall have the right of non-exclusive use use, in common with others, of (a) all unrestricted automobile parking areas, driveways and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating theretowalkways, and shall pay (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked Agreement and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable for the use thereof as prescribed from time to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to time by Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). .
C. Landlord shall have the right to grant Promotional Rights make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such purposes as Landlord may deem appropriate. Landlord also reserves all airspace rights above, below and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas.
D. Landlord and Tenant agree that Landlord will not be responsible for any Third Party Tenantloss, providedtheft or damage to vehicles, thator the contents thereof, no parked or left in the parking areas of the Building unless due to the negligence or willful misconduct of Landlord and Tenant agrees to so advise its employees, visitors or invitees who may use such Promotional Rights parking areas. The parking areas shall include those areas designated by Landlord, in its sole discretion, as either restricted or unrestricted parking areas. Subject to Article 36 hereof, any restricted parking areas shall be exercisable in a manner that would reasonably be expected leased only by separate license agreement with Landlord. Tenant further agrees not to have a material adverse impact on Tenantuse or permit its employees, Landlord visitors or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith invitees to coordinate use the exercise parking areas for overnight storage of the Promotional Rights in accordance with the foregoing provisionsvehicles.
Appears in 3 contracts
Sources: Lease Agreement, Standard Office Lease Agreement (Virtual Radiologic CORP), Standard Office Lease Agreement (Virtual Radiologic CORP)
Common Areas. (a) During Subject to Article 6 of this Lease, Landlord shall make available at all times during the Termterm of this Lease, until such automobile parking and other common areas within the occurrence exterior boundaries of the Multi-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 Occupancy Dateacknowledges 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 use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all other Tenants of the same Persons Building the common areas and facilities included in the Building together with respect to the Recapture Space such easements for ingress and Additional Recapture Space), egress as are necessary for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use and occupancy of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesPremises.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
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. (a) During the Term, until the occurrence of the MultiLandlord hereby grants to Tenant a non-Tenant Occupancy Date, Tenant shall have the exclusive license to use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From the parking areas provided by Landlord in the Shopping Center for the accommodation and after parking of vehicles of Tenant and its officers, agents and employees and customers while such customers are shopping in the Multi-Tenant Occupancy DatePremises or in any other portion of the Shopping Center, (ii) the public conveniences of the Shopping Center, including any connecting passageways and lobbies used in conjunction with hotels and/or office buildings, and (iii) all other areas in the Shopping Center, including the enclosed mall, to be used in common by tenants of the Shopping Center, such parking areas, public conveniences and other common areas being hereafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord shall operate retains and maintain (or cause to be operated and maintained) reserves the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject non-exclusive right to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas Areas.
A. Exhibit A sets forth the general layout of the Shopping Center, but shall not be subject deemed to all rules be a warranty, representation or agreement on the part of Landlord that the Shopping Center will be or will continue to be exactly as indicated on said diagram, and regulations set forth in Landlord reserves the applicable Encumbrances right to (includingi) increase, without limitationeliminate, any rights reduce or change the number, type, size, location, elevation, nature and use of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with buildings comprising the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping centerShopping Center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject make changes, additions, subtractions, alterations or improvements in or to such Common Areas, including, but not limited to, the provisions construction of any applicable Encumbrancesdecked or subsurface parking, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (Aiii) to utilize withdraw portions of the Shopping Center from Common Areas for outdoor events, activities, shows, displays, temporary special promotional eventsArea or add Common Area to the Shopping Center, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events non-contiguous parcels for parking and other charity events related Shopping Center purposes and (including charity walks); or (Biv) to utilize the lighting standards construct buildings, additional Department Stores, kiosks and other areas improvements in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property Common Areas. Tenant shall have no rights with respect to the manner land or improvements below floor slab level or above the interior surface of the exercise ceiling of such Promotional Rights; providedthe Premises or air rights above the Premises.
B. Landlord shall not, that (x) pursuant to Subsection 4.1A, create any permanent, substantial, adverse interference with access to or visibility of the Premises from the covered mall upon which the front of the Premises abuts. However, this provision shall not preclude Landlord from installing carts or erecting kiosks or similar improvements anywhere in the covered mall, so long as any kiosks or similar improvements which are located in front of the Premises are approximately centered in the mall. Tenant’s Promotional Rights 's sole remedy in the event of Landlord's failure to comply with this Subsection 4.1B shall includebe to terminate this Lease. In the event Tenant, and Tenant as the result of Landlord's failure to so comply, shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withits right to terminate this Lease, Landlord shall pay, within [***] days following the date Tenant vacates and surrenders the Premises, the historical practices then unamortized cost of the permanent leasehold improvements (excluding, inter alia, trade fixtures and equipment, furnishings, decorations, inventory and other items of personal property) initially made by Tenant at that Store or that may be conducted pursuant to Article 2 of this Lease, assuming a useful life equal to the length of the original Term of this Lease and amortization on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.straight line ---------- *** confidential treatment requested
Appears in 2 contracts
Sources: Lease Agreement (Silicon Entertainment Inc /Ca/), Lease Agreement (Silicon Entertainment Inc /Ca/)
Common Areas. As used in this Lease, the term “Common Areas” means, the parking areas, walkways, landscaped areas, roadways, and all other areas and facilities now or hereafter at the Building and intended for common use. Without advance notice to Tenant (except with respect to matters covered by subsection (a) During below) and without any liability to Tenant in any respect, Landlord will have the Termright to:
(a) establish and enforce reasonable rules and regulations concerning the maintenance, until the occurrence management, use and operation of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.Areas;
(ib) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to close off any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth whatever extent required in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements opinion of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in its counsel to prevent a dedication of any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about of the Common Areas or the Demised Premises which would interfere with accrual of any rights by any person or the use or public to the Common Areas, provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesDemised Premises.
(iic) Subject to the provisions of temporarily close any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor eventsmaintenance, activitiesalteration or improvement purposes, showsprovided that such closure does not substantially interfere with Tenant’s ability to conduct its business;
(d) select, displays, temporary special promotional events, including sales from temporary facilities, appoint or contract with any person for the purpose of operating and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize maintaining the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”)Common Areas, subject to Landlord’s such terms and at such rates as Landlord deems reasonable rules and regulations applicable to all tenants proper;
(e) change the size, use, shape or nature of any such Common Areas, provided such change does not deprive Tenant of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, substantial benefit and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use enjoyment of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Premises. So long as Tenant shall is not exercise any Promotional Rights in a manner (as opposed to the nature thus deprived of the usesubstantial use and benefit of the Demised Premises, Landlord will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of parking spaces or other public conveniences at the Building, without incurring any liability to Tenant or entitling Tenant to any abatement of rent and such action will not constitute an actual or constructive eviction of Tenant; and
(f) that would reasonably be expected erect one or more additional buildings on the Common Areas, expand the existing Building to have cover a material adverse impact on Landlord or any third party tenant portion of the Common Areas, convert Common Areas to whom Landlord has leased or licensed all or a portion of the Building, convert any portion of the Property other than Building (excluding the Demised Premises (“Third Party Tenant”)Premises) to Common Areas. Landlord shall have Upon erection of any additional buildings or change in Common Areas, the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise portion of the Promotional Rights property upon which buildings or structures have been erected will no longer be deemed to be a part of the Common Areas. Provided, however, that Landlord receives the requisite municipal and/or other governmental approval for the erection of said building and the providing of the corresponding parking in accordance with the foregoing provisionsrelation thereto.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject right to all applicable provisions of this Master Leaseuse, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with other tenants, Landlord and others to whom rights are now or hereinafter granted by Landlord, the Property and their respective Related Users the Building’s common walkways, driveways and parking areas (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space“Common Areas”), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas including the parking shall be subject to all rules on an unreserved, non-exclusive basis and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by solely for Tenant’s Related Users shall be parked employees and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase visitors. Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, right to use the parking in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or shall be limited as follows: Tenant shall have the Demised Premises which would interfere with right at all times to use the use or enjoyment of parking areas labeled Area A, B, and D on the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-attached Exhibit B. Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in use the parking lot for advertising purposes ((A) and (B) collectivelyarea labeled Area C at all times, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution exception that in no event shall Tenant, its employees and visitors use the parking area labeled Area C from 7:00 PM to 10:00 PM. Further, as a part of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses)this Lease, and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights use the parking on the Additional Property for Parking at all times. Any improvements desired by Tenant or required by any governmental or municipal entity on the Additional Property for Parking shall be at Tenant’s sole cost and expense. Landlord shall not be liable to Tenant, and this Lease shall not be affected, if any Third Party Tenantparking rights of Tenant hereunder are impaired by any law, ordinance or other governmental regulation imposed after the Effective Date, provided, thathowever, no that if any such Promotional Rights parking impairment materially affects Tenant’s ability to reasonably operate its business, Base Rent and Additional Rent shall be exercisable equitably abated to account for such impairment. If Landlord grants to any other tenant the exclusive right to use any particular parking spaces, neither Tenant nor its visitors shall use such spaces; provided, however, that if any such exclusive grant to a third party results in a manner that would reasonably be expected material reduction in the number of parking spaces available to have a material adverse impact on Tenant, Base Rent and Additional Rent shall be equitably abated to account for such reduction. Use of the Common Areas shall be only upon the terms set forth at any time by Landlord. Landlord or may at any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively time and in good faith any manner make any changes, additions, improvements, repairs or replacements to coordinate the exercise Common Areas that it considers desirable, provided that Landlord shall give Tenant prior written notice of the Promotional Rights in accordance such repairs and shall use reasonable efforts to minimize interference with the foregoing provisionsTenant’s normal activities. Such actions of Landlord shall not constitute constructive eviction or give rise to any rent abatement or liability of Landlord to Tenant.
Appears in 2 contracts
Sources: Office & Parking Lease (Eargo, Inc.), Office & Parking Lease (Eargo, Inc.)
Common Areas. (a) During The premises are to be located as approved by the Termparties as shown on the plot plan marked Exhibit "A", until attached hereto and incorporated herein. LESSOR agrees that the occurrence use and occupancy by the LESSEE of the Multi-Tenant Occupancy Datepremises shall include the use, Tenant shall have nonexclusive and in common with others entitled thereto in said Shopping Center including its customers, suppliers, visitors and invitees, of the common areas, employees' parking areas, service roads, loading facilities, (except truck loading and unloading areas which are for the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Leasethe particular tenant for which they are provided), Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating theretosidewalks, and shall pay customers' parking areas, all CAM Expenses as shown on Exhibit "A", and all Property Document CAM Expensesfuture facilities and common areas designed for common use, all of such areas and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Datefacilities being hereinafter collectively termed "common areas", Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlordsubject, in its reasonable discretionhowever, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions hereinafter set forth. The LESSOR covenants and agrees that it shall maintain the common areas of this Master Lease relating the Shopping Center in good operating condition and repair (hereinafter called "common area maintenance"), adequately drained and reasonably free from rubbish and debris, any grass mowed, properly landscaped and the LESSOR shall promptly stockpile or remove all snow and ice from the sidewalks, parking and driveway areas and cause all remaining surface ice to any conditionsbe treated with sand, rights salt or restrictions similar abrasive. The LESSOR shall resurface the sidewalk, parking and driveway areas when the same shall be reasonably necessary together with the restriping of Landlord’s the parking areas. The LESSOR shall keep the common areas of the Shopping Center well lighted during such hours of darkness as LESSEE shall remain open for business and Landlord’s Related Users for a period of one (1) hour thereafter. COMMON AREA MAINTENANCE REIMBURSEMENT. LESSEE agrees to pay as additional rent, pursuant to paragraph 6F hereof, Twenty-Four Thousand Dollars and No Cents ($24,000.00) as LESSEE'S estimated annual pro rata share (determined by the proportion which the number of square feet of floor space in the Common Areas located wholly premises bears to the number of square feet of floor space in all buildings in the proposed Shopping Center as depicted on Exhibit "A" hereof; provided however, that until such time as buildings are erected on the pads designated as Shop A, Store F, Shop G, Pad 1, Pad 2, and Pad 4 on Exhibit "A" hereto ["EXCLUSION PADS"], LESSEE'S pro rata share shall be determined by excluding from the "number of square feet of floor space in all buildings in the proposed Shopping Center as depicted on Exhibit "A" hereof" the number of square feet of floor space in the building area designated for such of the EXCLUSION PADS as have not been subjected to construction of buildings; PROVIDED, that any of the EXCLUSION PADS on which no construction of buildings has commenced shall be graded and maintained in a neat, clean, and orderly condition) of the expense of common area maintenance of the Shopping Center shown on Exhibit "A" attached, including, within the Propertymeaning of the phrase "expense of common area maintenance", further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right costs of resurfacing, repainting and license to use the Common Areas in common with Landlordrestriping, cleaning, sweeping, and their respective Related Users other janitorial services, policing, planting and relandscaping, real property taxes and assessments levied and assessed against the common areas (including all as provided in paragraph 8 hereof), premiums on public liability and property damage insurance covering the common areas (as provided in paragraph 9 hereof), the cost of maintaining and operating the signs referred to in paragraph 3 hereof, and an administrative fee which shall not exceed five percent (5%) of the same Persons with respect annual common area maintenance expense (exclusive of said administrative fee and exclusive of real property taxes and insurance premiums pertaining to the Recapture Space and Additional Recapture Spacecommon area), for the sole purposes first year of accessthe lease term. LESSEE'S pro rata share shall be payable monthly in the amount of Two Thousand and No/100 Dollars ($2,000.00). On or about the conclusion of the first year of the Lease term, ingressrepresentatives of LESSOR and LESSEE shall meet and review the actual costs applicable to such first year of the Lease term. If the actual costs exceed that paid by LESSEE, egressthe difference shall be paid within thirty (30) days following the determination of such actual costs. If such costs are less than such sum paid, loading LESSEE shall receive a credit against the next rent due pursuant to this Lease, for the difference. For the remainder of the calendar year following the expiration of the first year of the Lease term, an amount shall be paid which is the estimated amount of maintenance charges determined as set forth in the following paragraph. During succeeding years of the lease term and unloadingrenewal terms, the above-described additional rental shall be calculated as hereinafter set forth. Within thirty (30) days after the end of each calendar year, during the original term or any renewal term of this Lease, LESSOR agrees to furnish to LESSEE a statement itemized in reasonable detail, setting forth the total expenses for such common area maintenance charges for such calendar year. LESSOR and LESSEE shall meet and review said itemized statement; determine LESSEE'S pro rata share thereof (as hereinabove defined) and make adjustments for underpayment of LESSEE'S pro rata share which underpayment LESSEE shall pay with LESSEE'S next monthly payment of said expenses, and parkingfor overpayment of LESSEE'S pro rata share, subject to the provisions which overpayment shall be credited against LESSEE'S next monthly payment of this Master Lease, all Encumbrances, said expenses. At such meeting LESSOR shall prepare and all applicable Legal Requirements and Insurance Requirements. Tenant’s use present an estimate of LESSEE'S pro rata share of the Common Areas expenses of maintaining the common area maintenance for the succeeding calendar year, which estimate shall be subject to all rules and regulations set forth in the applicable Encumbrances approval of LESSEE. Upon such approval (including, without limitation, any rights which shall not be unreasonably withheld) LESSEE'S monthly payment of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users said pro rata share shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesadjusted accordingly.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 2 contracts
Sources: Build and Lease Agreement (Basic Us Reit Inc), Build and Lease Agreement (Basic Us Reit Inc)
Common Areas. “Common Areas” shall mean all areas, spaces, facilities and equipment (awhether or not located within the Building) During made available by Landlord for the Termcommon and joint use of Landlord, until Tenant and others designated by Landlord using or occupying space in the occurrence Building, including but not limited to, tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, the Garage, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Multi-Tenant Occupancy DateBuilding and others designated by Landlord), Tenant drinking fountains and any such other areas and facilities as are designated by Landlord from time to time as Common Areas. “Service Corridors” shall have the exclusive use and possession of mean all Common Areas (subject to all applicable provisions of this Master Leaseloading docks, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses loading areas and all Property Document CAM Expensescorridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. “Service Areas” will refer to areas, spaces, facilities and equipment serving the maintenance Building (whether or not located within the Building) but to which Tenant and repair obligations pursuant other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) use the Common Areas located wholly within and Service Corridors during the Property Term of this Lease for their intended purposes, in such a manner as common with others designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such the Rules and Regulations and the Parking Agreement attached hereto as Exhibit F. The Building, Common Areas, Service Corridors and Service Areas will be at any time all times under the exclusive control, management and from time to time), operation of the Landlord. Tenant agrees and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, acknowledges that the same shall Premises (whether consisting of less than one floor or one or more full floors within the [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Building) do not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withLandlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the historical practices of Tenant at that Store or that may be conducted acoustical ceiling and any other areas not specifically shown on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use Exhibit B as being part of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsPremises.
Appears in 2 contracts
Sources: Sublease Agreement (Elevate Credit, Inc.), Sublease Agreement (Elevate Credit, Inc.)
Common Areas. (a) During Landlord hereby grants to Tenant a non-exclusive license to use, in common with all others to whom Landlord has or may hereafter grant such license, the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Leaseas hereinafter defined) located on Landlord’s Property. “Common Areas” means the parking areas, Legal Requirements and Encumbrances) and shall be solely responsible thereforroadways, including all maintenance and repairs relating theretopedestrian sidewalks, and shall pay all CAM Expenses delivery areas, landscaped areas and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (other areas or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as improvements designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including for the designation common use of specific areas within the tenants or occupants of Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users Property. Tenant shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about keep the Common Areas free and clear of litter, trash and debris resulting from or attributable to Tenant’s operation from the Demised Premises which would interfere with and shall cause its employees to park only in the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions portion of the Common Areas specifically designated by Landlord for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events parking. Parking shall not be permitted on Landlord’s Property for more than twenty-four (including charity walks); 24) consecutive hours or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject on any public or private street adjacent to Landlord’s reasonable rules and regulations applicable to all tenants Property. Tenant shall not obstruct, interfere with or impede the use of the Property Common Areas. Landlord reserves the right, with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, Common Areas and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses)Property, to (a) establish rules and regulations for the use thereof; (yb) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed temporarily close all or any portion thereof as Landlord deems necessary to prevent the dedication thereof or the accrual of any rights to any person or to the public therein; (c) increase, diminish, change or reconfigure the layout of the Property Common Areas and to rent portions thereof; (d) install, place upon or affix to the roof over the Premises and the exterior walls of the Premises, such equipment, signs, displays, antennas and other than the Demised Premises objects or structures of any kind as Landlord may desire; and (“Third Party Tenant”)e) increase, decrease, reconfigure and/or add to Landlord’s Property. Landlord shall have maintain the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights Common Areas in good condition and repair and reasonably clear of snow and debris. Nothing herein contained shall be exercisable in a manner that would reasonably construed as requiring Landlord to remove any debris, ice or snow from the sidewalks adjoining the Premises, which shall be expected to have a material adverse impact on the responsibility of Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 2 contracts
Common Areas. Common Areas" will mean all areas, spaces, facilities and equipment (awhether or not located within the Building) During made available by Landlord for the Termcommon and joint use of Landlord, until Tenant and others designated by Landlord using or occupying space in the occurrence Building, including but not limited to, tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Multi-Tenant Occupancy DateBuilding and others designated by Landlord), Tenant shall have the exclusive use drinking fountains and possession of all any such other areas and facilities, if any, as are designated by Landlord from time to time as Common Areas. Common Areas (subject to shall not include the Garage. "Service Corridors" shall mean all applicable provisions of this Master Leaseloading docks, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses loading areas and all Property Document CAM Expensescorridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the maintenance Building (whether or not located within the Building) but to which Tenant and repair obligations pursuant other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) use the Common Areas located wholly within and Service Corridors during the Property term of this Lease for their intended purposes, in such a manner as common with others designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at any time all times under the exclusive control, management and from time to time), operation of the Landlord. Tenant agrees and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, acknowledges that the same shall Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withLandlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the historical practices of Tenant at that Store or that may be conducted acoustical ceiling and any other areas not specifically shown on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use Exhibit A as --------- being part of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsPremises.
Appears in 2 contracts
Sources: Office Lease Agreement (Vignette Corp), Office Lease Agreement (Vignette Corp)
Common Areas. (a) During Subject to Article 6 of this Lease, Landlord shall make available at all times during the Termterm of this Lease, until such automobile parking and other common areas within the occurrence exterior boundaries of the Multi-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 Occupancy Dateacknowledges 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 use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all other Tenants of the same Persons Building the common areas and facilities included in the Building together with respect to the Recapture Space such easements for ingress and Additional Recapture Space), egress as are necessary for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use and occupancy of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesPremises.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 2 contracts
Sources: Multi Purpose Commercial Building Lease (Sientra, Inc.), Multi Purpose Commercial Building Lease (Sientra, Inc.)
Common Areas. (a) During the Term5.1 Tenant, until the occurrence of the Multi-Tenant Occupancy Dateand it licensees, Tenant concessionaires, employees and customers shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas as constituted from time to time, such use to be in common with Landlord, other Tenants of Shopping Center and their respective Related Users (including all other Tenants of Shopping Center and other persons entitled to use the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingCommon Area, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all such reasonable rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and as Landlord may from time to time)time prescribe, and the reasonable, nondiscriminatory rules and regulations promulgated by provided that Landlord in its discretion from time to time, including the designation shall provide Tenant with at least sixty (60) days prior written notice of specific areas within Landlord’s premises any such rule or in reasonable proximity thereto in which regulation. Landlord may require that automobiles owned by Tenant’s Related Users shall , its licensees, concessionaires and employees be parked and to accommodate the reasonable requests and requirements in specific portions of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas Areas. Upon reasonable written request by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any Tenant shall have thirty (30) days to furnish to Landlord a complete list of the foregoing parties.
(ii) Subject to the provisions license numbers of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, all automobiles operated by Tenant, its licensees, concessionaires and employees. If Tenant, its licensees, concessionaires and employees fail to park their cars in the designated Common Areas, Landlord and Landlord’s Related Users shall have the right in its sole discretion to (Ai) charge Tenant ten Dollars ($10.00) per day per car parked in any Common Areas other than those designated, and/or (ii) have such car(s) physically removed from the Shopping Center at Tenant’s expense without any liability whatsoever to utilize Landlord. Tenant shall not interfere with the rights of other persons to use the Common Areas. Landlord may temporarily close any part of the parking facilities or other portions of the Common Areas for outdoor eventssuch minimal periods of time as may be reasonably necessary for (i) temporary use as a work area in connection with the construction of buildings or other improvements within the Shopping Center or contiguous property, activities(ii) repairs or alterations in or to the Common Areas or to any sewers, showsutility facilities or distribution lines located within the Common Areas, displays(iii) preventing the public from obtaining prescriptive rights in or to the Common Areas, temporary special promotional events(iv) security reasons, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (Bv) doing and performing such other acts (whether similar or dissimilar to utilize the lighting standards foregoing) in, to and other areas with respect to, the Common Areas as in the parking lot use of good business judgment the Landlord shall reasonably determine to be appropriate for advertising purposes ((A) and (B) collectivelythe Shopping Center, provided however, that Landlord shall use reasonable efforts not to unduly interfere with or disrupt Tenant’s business. Notwithstanding anything to the “Promotional Rights”)contrary contained in this lease, subject Landlord shall not be permitted to Landlord’s reasonable rules and regulations applicable to all tenants of the Property take any action with respect to the manner Common Areas and/or parking areas or make any changes, repairs, temporary closings or modifications to the Common Areas and/or parking areas, if the same will (1) cause a change in the size, location, orientation or visibility of the exercise Premises or the Shopping Center, (2) reduce or impede access to the Premises or the Shopping Center, or (3) reduce the proximity of the Premises to the parking areas or the impact the convenience of the parking facilities to the Premises or block Tenants drive through facility. The parking ratio for the Shopping Center at the Rental Commencement Date will be 5.41 parking spaces for each 1,000 rentable square foot of space in the Shopping Center. Notwithstanding anything to the contrary contained in this lease, if any event or action or omission by Landlord renders the parking facilities for the Shopping Center for whatever reason inaccessible, unusable, unsafe, or which causes the number of parking spaces for the Shopping Center to be reduced below applicable local code requirements (which reasons may include but are not limited to repairs, maintenance, casualty, condemnation, or displacement or dislocation caused by future construction), Landlord shall immediately provide substitute parking facilities for Tenant’s use and its invitees which facilities shall (i) cause no net reduction in Tenant’s parking space allocation, (ii) be similarly convenient in terms of location, quality and safety, and (iii) except in the case of an emergency, be designated by prior written notice to Tenant. Please initial: Landlord: Tenant:
5.2 Tenant agrees to pay as additional rent, as herein provided, its share of expense commercially reasonable and necessarily incurred by Landlord for the operation and maintenance of the Common Areas (“CAM Expenses”), including without limiting the generality of the foregoing, costs incurred for lighting, painting, cleaning, central trash disposal (if Landlord elects to provide), traffic control, policing, security, landscaping and repairing the Common Areas, hazard and public liability insurance and property damage insurance, all water consumed in Shopping Center which is not separately metered to Tenants (single or multiple) thereof together with an allowance of 10% of CAM Expenses, other than taxes and insurance, for Landlord’s direct overhead but excluding depreciation of Landlord’s original investment in Shopping Center. Notwithstanding anything to the contrary contained in this lease, additional rent shall not include the following: (1) capital expenditures required by Landlord’s failure to comply with any law, statute, regulation, or other governmental or quasi-governmental requirement; (2) costs incurred for capital improvements to reduce CAM Expenses above the amount actually saved as the result of such Promotional Rightscapital improvements; provided(3) rent for a management office and rent and expenses for a marketing office; (4) any amounts paid to any person, that firm or corporation related to or otherwise affiliated with Landlord or any general partner, officer, director or shareholder of Landlord or any of the foregoing, to the extent the same exceeds arm’s length competitive prices paid in Clearwater, Florida for similar services or goods; (x5) Tenantcosts incurred to remove any hazardous materials or other toxic material or substances from either the Shopping Center; (6) costs relating to maintaining Landlord’s Promotional Rights shall includeexistence, either as a corporation, partnership, trust or other entity, such as trustee’s fees, annual fees, partnership expenses, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis legal and accounting fees (other than with respect to an affected Store Shopping Center operations); (including7) Landlord’s general overhead expenses above the ten percent (10%) cap described above; (8) costs and expenses resulting from the negligence or willful misconduct of Landlord or its employees, without limitationcontractors or agents; and (9) attorney’s fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants, outdoor garden and/or patio shops)other occupants of the Shopping Center, or other third parties and such other uses roof repair or replacement as set forth in Section 8.1 below. CAM Expenses shall be reduced by all cash discounts, trade discounts or quantity discounts received by Landlord or Landlord’s managing agent in the purchase of any goods, utilities or services in connection with the natural evolution of Tenant’s generally permitted use prudent operation of the Demised Premises (subject to Landlord’s reasonable approval Shopping Center. In the calculation of such other uses)any CAM Expenses hereunder, and (y) Tenant it is understood that no expense shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other charged more than the Demised Premises (“Third Party Tenant”)once. Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and use its best efforts in good faith to coordinate effect an equitable proration of bills for services rendered to the exercise Shopping Center and to any other property owned by Landlord or an affiliate of Landlord. In the event there exists a conflict as to an expense which is specified to be included in CAM Expenses and is also specified to be excluded from CAM Expenses within the above list, the exclusions listed above shall prevail and the expenses shall be deemed excluded. Landlord shall not recover more than 100% of the Promotional Rights CAM Expenses actually incurred by Landlord. Capital expenditures required due to changes in applicable governmental or other regulations that were not required when the building was built shall be considered CAM Expenses. The share to be paid by Tenant shall be that percentage of CAM Expenses which the Gross Leased Area of the Premises bears to the Gross Leased Area of the Shopping Center. Landlord and Tenant agree that the Gross Leased Area of the Premises shall be determined based on the “as built” site plan approved by the appropriate governmental authority. Upon such approval Landlord shall submit to Tenant a copy of the approved site plan along with a calculation of the Gross Leased Area for the Premises. Landlord shall, within ninety (90) days after the commencement of each Lease Year, notify Tenant in writing of the monthly charges due from Tenant based upon the Landlord’s good faith estimate of annual CAM Expenses. Within ninety (90) days after the close of each calendar year, Landlord will furnish to Tenant a detailed statement of the expenses relating to the Common Areas for such year, such statement to be prepared in accordance with generally accepted accounting practices and to include Tenant’s proportionate share of the foregoing provisionsexpenses relating to the Common Areas computed as herein provided. Any necessary adjustments (in the form of an additional payment or a refund from Landlord to Tenant) shall be made sixty (60) days after delivery of such statement. Landlord agrees to retain the books and records substantiating the CAM Expenses incurred in each calendar year for a period of at least three (3) years from the date Landlord submits an annual statement to Tenant. Tenant or its designee shall have the right, during business hours and upon reasonable prior notice, from time to time to inspect Landlord’s books and records relating to CAM Expenses, and/or to have such books and records audited at Tenant’s expense by a certified public accountant designated by Tenant. Any audit that discloses a discrepancy of more than five percent (5%) in the annual CAM Expenses shall be at Landlord’s expense and Landlord shall reimburse Tenant for such cost (including reasonable attorneys’ fees) within thirty (30) days of the result of the audit. Any discrepancy shall be promptly corrected by a payment of any shortfall to Landlord by Tenant within thirty (30) days after the applicable audit, or by a credit against the next payment(s) of rent hereunder or (at Tenant’s election) a refund from Landlord of the overpaid amount within thirty (30) days, as may be applicable. In the event Tenant does not contest a statement of CAM Expenses within three (3) years after it is rendered, such statement shall become binding and conclusive on both Landlord and Tenant, except that any such statement which may contain material misrepresentations shall not be binding and conclusive on Tenant. In the event Landlord shall fail to invoice Tenant for any CAM Expenses pursuant to this article within one (1) year, then Landlord shall be deemed to have waived its right to collect such CAM Expenses. In addition, in the event that Landlord shall fail to invoice Tenant for any CAM Expenses pursuant to this article within six (6) months following the expiration or termination of the term of this lease, then Landlord shall be deemed to have waived its right to collect such CAM Expenses.
5.3 In the event Tenant is not billed directly by the appropriate authority for water consumed on the Premises and/or for sewer rents or charges, the ▇▇▇▇ rendered by Landlord for the above shall be based upon Tenant’s prorated share of such service as reasonably determined by Landlord and shall be payable by Tenant within thirty (30) days of receipt of Landlord’s ▇▇▇▇, and such costs or expenses incurred or payments which are made by the Landlord for water or sewer service used on the Premises shall be deemed to be CAM Expenses payable by Tenant and collectible by Landlord as such.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (First State Financial Corp/Fl)
Common Areas. “Common Areas” shall mean all areas, spaces, facilities and equipment (awhether or not located within the Building) During made available by Landlord for the Term, until the occurrence common and joint use of the Multi-Tenant Occupancy DateLandlord, Tenant shall have and others designated by Landlord using or occupying space in the exclusive use and possession of all Common Areas Building, including but not limited to, any conference centers, fitness centers (subject to all applicable provisions any written indemnification or waiver agreements required by Landlord from any users of this Master Leasesuch fitness centers), Legal Requirements tunnels, walkways, sidewalks and Encumbrances) and driveways necessary for access to the Building, Building lobbies, the Garage, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be solely responsible thereforavailable only for tenants of the Building and others designated by Landlord), including drinking fountains and any such other areas and facilities as are designated by Landlord from time to time as Common Areas. “Service Corridors” shall mean all maintenance and repairs relating theretoloading docks, and shall pay all CAM Expenses loading areas and all Property Document CAM Expensescorridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. “Service Areas” will refer to areas, spaces, facilities and equipment serving the maintenance Building (whether or not located within the Building) but to which Tenant and repair obligations pursuant other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) use the Common Areas located wholly within and Service Corridors during the Property term of this Lease for their intended purposes, in such a manner as common with others designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such the Rules and Regulations and the Parking Agreement attached hereto as Exhibit F. The Building, Common Areas, Service Corridors and Service Areas will be at any time all times under the exclusive control, management and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements operation of Landlord and Landlord’s Related Users, provided, Property Manager. Tenant agrees and acknowledges that the same shall Premises (whether consisting of less than one floor or one or more full floors within the Building) do not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withLandlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the historical practices of Tenant at that Store or that may be conducted acoustical ceiling and any other areas not specifically shown on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use Exhibit B as being part of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Premises. Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One
Appears in 2 contracts
Sources: Office Lease (FlexEnergy Green Solutions, Inc.), Office Lease (FlexEnergy Green Solutions, Inc.)
Common Areas. (a) During the Term, until the occurrence The term “Common Areas” is defined for all purposes of this Lease as that part of the MultiProject and/or Complex intended for the common, non-Tenant Occupancy Dateexclusive use of all tenants, Tenant including among other facilities (as such may be applicable to the Complex), the ground floor lobby, elevator lobbies and hallways on multi-tenant floors, parking areas, private streets and alleys, landscaping, curbs, loading areas, sidewalks, malls and promenades (enclosed or otherwise), lighting facilities, drinking fountains, meeting rooms, public toilets, the parking garage, 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; (ii) streets and alleys maintained by a public authority; (iii) areas within the Complex which may from time to time not be owned by Landlord (unless subject to a cross-access agreement benefiting the area which includes the Premises); and (iv) areas leased to a single-purpose user where access is restricted. In addition, although the roof(s) of the building(s) in the Complex is not literally part of the Common Areas, it will be deemed to be so included for purposes of: (i) Landlord’s ability to prescribe rules and regulations regarding same; and (ii) its inclusion for purposes of Operating Costs reimbursements. Landlord reserves the right to change from time to time the dimensions and location of the Common Areas, as well as the dimensions, identities, locations and types of any buildings, signs or other improvements in the Complex. For example, and without limiting the generality of the immediately preceding sentence, Landlord may from time to time substitute for any parking area other areas reasonably accessible to the tenants of the Building or Complex, as applicable, which areas may be elevated, surface or underground. Tenant, and its employees and customers, and when duly authorized pursuant to the provisions of this Lease, its subtenants, licensees and concessionaires, shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas (excluding roof(s)) as constituted from time to time, such use to be in common with Landlord, and their respective Related Users (including all of other tenants in the same Persons with respect to the Recapture Space and Additional Recapture Space)Building and/or Complex, for the sole purposes of access, ingress, egress, loading and unloadingas applicable, and parkingother persons permitted by the Landlord to use the same, and subject to the provisions rights of this Master Leasegovernmental authorities, all Encumbranceseasements, other restrictions of record, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord’s ability to establish rules and regulations governing all tenants aspects of the Property with respect to the manner of the exercise of such Promotional Rights; providedCommon Areas, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (agrees as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.follows:
Appears in 2 contracts
Sources: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)
Common Areas. (a) During As used in this Lease, the Termterm Common Areas shall mean all areas and facilities within the Project that are not designated by Landlord for the exclusive use of Tenant, until the occurrence Landlord, or any other tenant of the Multi-Project, including but not limited to pedestrian sidewalks, landscaped areas, common bathrooms, lobby areas, parking areas, incinerators, interior stairs and balconies and similar areas and improvements, the truckways, roadways, loading docks, loading areas, railroad tracks, roofs, common areas and delivery yards.
(b) Landlord shall have exclusive control over the Common Areas, provided that Tenant Occupancy Dateand Tenant’s employees, Tenant agents, suppliers, shippers, customers, and invitees shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all during the term of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingthis Lease, subject to the provisions of rights reserved by Landlord under this Master Lease, all Encumbrances, Lease and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be further subject to all rules and regulations set forth in governing the applicable Encumbrances (including, without limitation, any rights use of any parties (including Landlord) to reconfigure or alter such the Common Areas, at any time and Areas from time to time)time issued by Landlord.
(c) Landlord shall have the right, without it constituting an actual or constructive eviction of Tenant, without any abatement of rent under this Lease and without notice (unless so stated below) to or the reasonableconsent of Tenant, nondiscriminatory rules and regulations promulgated by Landlord to
(i) upon five (5) days notice to Tenant, close any part of the Common Areas to the extent necessary in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and opinion to accommodate prevent the reasonable requests and requirements accrual of Landlord and Landlord’s Related Usersany prescriptive rights, provided, however, that the same access by Tenant shall not increase be unreasonably disrupted, and Landlord shall, to the maximum extent possible, avoid any disruption to Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space access that exceeds four (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.4) hours;
(ii) Subject upon five (5) days notice to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions temporarily close any part of the Common Areas to repair and maintain them or for outdoor eventsany other reasonable purpose, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, however, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) access by Tenant shall not exercise be unreasonably disrupted, and Landlord shall, to the maximum extent possible, avoid any Promotional Rights in a manner disruption to Tenant’s access that exceeds four (as opposed 4) hours;
(iii) upon five (5) days notice to Tenant, change the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion Common Areas, including without limitation changes in the location, size, shape, and number of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenantdriveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, and walkways, provided, thathowever, no such Promotional Rights that Landlord shall be exercisable in a manner that would reasonably be expected use its best efforts to have a material adverse avoid any impact on upon Tenant’s use of the Project;
(iv) upon five (5) days notice to Tenant, eliminate from or add to the Project any land or improvement provided, however, that Landlord shall use its best efforts to avoid any impact upon Tenant’s use of the Project;
(v) upon five (5) days notice to Tenant, designate additional property outside the boundaries of the Project to be a part of the Common Areas;
(vi) remove unauthorized persons from the Project;
(vii) upon five (5) days notice to Tenant, change the name or address of the Building or the Project;
(viii) upon five (5) days notice to Tenant, use or allow the use of the Common Areas while engaged in maintenance, repairs, construction, or other alterations to the Project; and
(ix) perform any other Third Party Tenant. Tenantacts and make other changes or alterations in the Common Areas and the Project as Landlord may deem reasonably appropriate, Landlord and Third-Party Tenants shall work cooperatively and in good faith upon notice to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsTenant within a reasonable time prior to taking such action or making such changes.
Appears in 2 contracts
Common Areas. (a) During A. For purposes of this Lease “Common Areas” shall mean all areas, improvements, space, equipment and special services in or at the TermComplex provided by Landlord for the common or joint use and benefit of tenants, until customers, and other invitees, including without limitation garage access roads, driveways, entrances and exits, retaining walls, landscaped areas, truck serviceways or tunnels, loading docks, pedestrian walk-ways, atriums, walls, courtyards, concourses, stairs, ramps, sidewalks, washrooms, signs identifying or advertising the occurrence Complex, maintenance buildings, utility buildings, maintenance and utility rooms and closets, hallways, lobbies, elevators and their housing and rooms, common window areas, walls and ceilings in Common Areas, and trash or rubbish areas.
B. Provided no event of the Multi-default under this Lease in respect of Tenant Occupancy Datehas occurred and is continuing, Tenant shall have the exclusive use and possession of all Common Areas (subject be entitled to all applicable provisions of this Master Leaseuse, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating in common with others entitled thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as may be designated from time to time by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject however to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space rules and Additional Recapture Space), regulations for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject use thereof as may be prescribed from time to time by Landlord. If the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use size or configuration of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure is diminished or alter such Common Areas, at any time and from time to time)altered, and as long as such diminution or alteration does not materially adversely affect access to the reasonableBuilding, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises Premises or in reasonable proximity thereto in which automobiles owned by the Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Parking Spaces, Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations be liable to Tenant therefor, nor shall Tenant be entitled to any compensation or decrease Tenant’s rights diminution or remedies under this Master Leaseabatement of Rent, in any material respect. Furthermore, Tenant covenants not to do nor shall such diminution or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions alteration of the Common Areas be considered a constructive or actual eviction. Notwithstanding anything to the contrary herein, under no circumstances shall Landlord be liable for outdoor eventsany alteration or reduction of the Common Areas that is beyond the reasonable control of Landlord, activitiesnor shall Tenant be entitled to any compensation or diminution or abatement of Rent as a result thereof, showsnor shall such diminution or alteration of the Common Areas be considered a constructive or actual eviction.
C. Landlord agrees to cause the main water valve and other components of the water-based fire protection and fire alarm systems for the Building to be inspected not less frequently than required by the City of Richmond Fire ▇▇▇▇▇▇▇▇, displaysto perform any repairs and make any replacements recommended during such inspections and to comply with the provisions of NFPA 25 and 72 (Standards for the Inspection, temporary special promotional events, including sales from temporary facilitiesTesting, and including carnivals, automobile and boat shows and sales, sales Maintenance of rugs, cars, spas, plants and antiques, tent sales, Water-Based Fire Protection Systems and National Safety Weekend events Fire Alarm Code, respectively) promulgated by the National Fire Protection Association and other charity events (including charity walks); or (B) to utilize the lighting standards all successors codes and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsstandards.
Appears in 2 contracts
Sources: Deed of Lease (Xenith Bankshares, Inc.), Deed of Lease (Xenith Bankshares, Inc.)
Common Areas. (a) During the Term, until the occurrence Landlord shall at all times have exclusive control and management of the Multi-Tenant Occupancy Date, Common Areas and Facilities of Bellevue Place. Tenant shall have the exclusive nonexclusive right in common with others to use the public areas of the Bank of America Building and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within and Facilities of Bellevue Place, subject to such nondiscriminatory rules and regulations as Landlord may adopt from time to time governing the Property in use thereof including, but not limited to, the right to close the same from time to time to such a manner an extent as Landlordmay be legally sufficient, in its reasonable discretionLandlord’s opinion, shall determine as being compliant with to prevent a dedication thereof or the Legal Requirements and Encumbrances, but subject accrual of right to any person or to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c)public therein. Tenant shall have a nonexclusive right comply with the rules and license regulations that Landlord and the owner or ground lessee of Bellevue Place may from time to time promulgate and/or modify regarding use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use operation of the Common Areas shall be subject to all of the Bank of America Building and Common Areas and Facilities of Bellevue Place. The rules and regulations set forth shall be binding upon Tenant upon delivery of a copy thereof to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of such rules and regulations by any other tenants or occupants of space in either Bellevue Place or the applicable Encumbrances (including, without limitation, any rights Bank of any parties (including Landlord) America Building. The term “Common Areas and Facilities of Bellevue Place” refers to reconfigure all on and off-site areas and/or related facilities which are made available or alter such Common Areas, at any time and are used from time to time)time for the general use, convenience and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements benefit of Landlord and Landlord’s Related Usersother persons entitled to occupy space in Bellevue Place, providedincluding their employees, that invitees, licensees and guests, which areas shall include, but not be limited to, all parking structures and parking areas (including off-site parking), driveways, sidewalks, landscaped or planted areas, pedestrian areas, lobbies, walkways, the same shall Wintergarden Retail Center and Parking Garage. The term “Common Areas and Facilities of Bellevue Place” also refers to all on-site and off-site areas and/or related facilities which may not increase Tenant’s obligations be accessible to Tenant and other persons entitled to occupy space in Bellevue Place, but which are used in conjunction with the operation, management, repair or decrease Tenant’s rights or remedies under this Master Leasemaintenance of Bellevue Place, in any material respect. Furthermoreincluding, Tenant covenants but not limited to do or permit to be done any act injanitorial closets, on or about and/or off-site management offices and maintenance areas. The term “Common Areas and Facilities of the Bank of America Building” refers to the Common Areas or and Facilities of Bellevue Place located within the Demised Premises which would interfere with the use or enjoyment Bank of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesAmerica Building.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 2 contracts
Sources: Office Lease (Smartsheet Inc), Office Lease (Smartsheet Inc)
Common Areas. (a) During the Term, until the occurrence AND INSTALLATION shall mean those of the Multi-Tenant Occupancy Datecommon areas and facilities mentioned and specified in FOURTH SCHEDULE hereunder written, Tenant shall have and declared and expressed by the exclusive Vendors for common use and enjoyment of co-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 the co-owners, and all other expenses for the common purpose including those mentioned in the FIFTH SCHEDULE hereunder written to be contributed, borne, paid and shared by the Co-owners.
j) CO-OWNERS according to the 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 the building, and/or taken lawful possession of any such unit, and, of all Common Areas (subject the unsold unit and/or Units therein not being parted with as yet may remaining either in possession of the Vendors or the developer, as such.
k) ASSOCIATION shall mean the Association to be formed by all applicable provisions the co-owners as aforesaid for joint care, security, preservation and maintenance of this Master Lease, Legal Requirements and Encumbrancesthe said building. All the co-owners being agreement bound to join such association on due formation thereof paying proportionately for such purpose.
l) and 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 solely responsible therefor, including in the proportion in which the built-up area of said unit may in total as against the total of built-up area of all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly units within the Property in such a manner as Landlordbuilding, in its reasonable discretion, shall determine as inclusive of the one being compliant with the Legal Requirements and Encumbrances, but subject matter hereof. Where it refers to the terms and conditions share of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users the purchasers in the Common Areas located wholly within and Installation the Property, further subject share of any purchaser therein shall be in the proportion in which the built-up areas of the said unit be to Tenant’s obligations the built-up area of all the Units in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas building the share of any purchaser in common with Landlordexpenses therefor similarly shall be determined in the said mode and manner PROVIDED NEVERTHELESS THAT, and their respective Related Users (including all of the same Persons with respect where it refers to the Recapture Space and Additional Recapture Space)share in the rates and/or taxes payable as, for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas or under common expenses such share shall be subject to all rules and regulations set forth in determined on the applicable Encumbrances (including, without limitation, any rights basis of any parties (including Landlord) to reconfigure or alter such Common Areas, area enjoyed by the Purchaser at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s said premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Common Areas. (a) During In addition to the Term, until the occurrence of the Multi-Tenant Occupancy DatePremises, Tenant shall have the exclusive use and possession of all Common Areas (subject those certain common areas designated by the Landlord from time to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and time on the Property; such areas shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrancesinclude, but subject to the terms not be limited to, parking areas, access roads and conditions of this Master Lease relating to any conditionsfacilities, rights or restrictions of Landlord’s interior corridors, sidewalks, driveways and Landlord’s Related Users in the landscaped and open areas (collectively, “Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(cAreas”). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s The use of the Common Areas shall be for the non-exclusive use of Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and all other tenants of the Property and all such other persons to whom Landlord has previously granted, or may hereinafter grant, rights of usage; provided that such nonexclusive use shall be expressly subject to all such reasonable rules and regulations set forth in which may be adopted by the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by so long as such rules and regulations do not adversely affect Tenant’s Related Users shall be parked use of the Premises and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same are uniformly enforced. Tenant shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not be entitled to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor eventsstorage of goods, activitiesvehicles, showsrefuse or any other items. Landlord reserves the right to alter, displaysmodify, temporary special promotional eventsenlarge, including sales diminish, reduce or eliminate the Common Areas from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) time to utilize the lighting standards and other areas time in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rightsits sole discretion; provided, that (x) however, it does not unreasonably and materially interfere with Tenant’s Promotional Rights shall include, use and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use occupancy of the Demised Premises (subject or access to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to from the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Premises. Landlord shall have the right to grant Promotional Rights modify Common Areas, in order to any Third Party Tenantimplement new, necessary security measures; provided, thathowever, no such Promotional Rights it does not unreasonably and materially interfere with Tenant’s use and occupancy of the Premises or access to and from the Premises. If Tenant shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenantuse any of the Common Areas for storage of any items, Tenant shall pay all fines imposed upon either Landlord or Tenant by any fire, building or other Third Party Tenant. Tenantregulatory body, and Tenant shall pay all costs incurred by Landlord to clear and Thirdclean the Common Areas and dispose of such items, including but not limited to, a disposal fee of twenty-Party Tenants shall work cooperatively five dollars ($25.00) for each pallet or other container and in good faith to coordinate the exercise of the Promotional Rights in accordance fifty dollars ($50.00) for each drum, together with the foregoing provisionsany additional costs for testing and special disposal, if required.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Truck Hero, Inc.)
Common Areas. All parking areas, access roads and facilities furnished, made available or maintained by landlord in or near the Center, including employee parking areas, truck ways, driveways, loading docks and areas, delivery areas, multi-story parking facilities, package pickup stations, elevators, escalators, pedestrian sidewalks, malls, including the Enclosed Mall (aas indicated for identification purposes on Exhibit "B"), courts and ramps, landscaped areas, retaining walls, stairways, bus stops, first-aid and comfort stations, lighting facilities, COMMON AREA PLUMBING AND sanitary systems, utility lines, COMMON AREA HVAC SYSTEMS AND EQUIPMENT, water filtration and treatment facilities and other areas and improvements provided by Landlord for the general use in common of tenants and their customers and department stores in the Center (all herein called "Common Areas") During shall at all times be subject to the Termexclusive control and management of Landlord, until the occurrence of the Multi-Tenant Occupancy Date, Tenant and Landlord shall have the exclusive use right, from time to time, to establish, modify and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements enforce reasonable rules and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons regulations with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject all Common Areas. Tenant agrees to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to comply with all rules and regulations set forth in the applicable Encumbrances Exhibit "D" attached hereto and all reasonable amendments thereto. ANY MODIFICATIONS TO THE RULES AND REGULATIONS THAT ARE ADOPTED BY LANDLORD SHALL BE NON-DISCRIMINATORY WITH RESPECT TO ALL TENANTS OF THE CENTER AND SHALL BECOME EFFECTIVE ONLY AFTER NOT LESS THAN THIRTY (including, without limitation, any rights of any parties 30) DAYS PRIOR WRITTEN NOTICE TO TENANT. IN THE EVENT OF ANY INCONSISTENCY BETWEEN ANY SUCH RULES AND REGULATIONS AND THE PROVISIONS OF THIS LEASE (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to timeINCLUDING ANY INCONSISTENCY BETWEEN RIGHTS GRANTED UNDER THIS LEASE AND RESTRICTIONS CREATED UNDER THE RULES AND REGULATIONS), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)THE TERMS OF THIS LEASE SHALL PREVAIL. Landlord shall have the right from time to grant Promotional Rights time IN ITS REASONABLE DISCRETION to: change or modify and add to any Third Party Tenantor subtract from the sizes, providedlocations, thatshapes and arrangements of parking areas, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenantentrances, Landlord or any other Third Party Tenant. Tenantexits, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.parking aisle alignments and
Appears in 2 contracts
Sources: Lease (Silicon Entertainment Inc /Ca/), Lease (Silicon Entertainment Inc /Ca/)
Common Areas. As used herein, “Common Areas” means all areas, access roads, facilities, improvements, fixtures and equipment in or near the Plaza, whether enclosed or unenclosed which are now or hereafter made available by Landlord for the general use in common of tenants and their customers, including without limitation customer and employee parking areas and facilities, equipment, signs, on-grade parking areas, seating areas, plazas, driveways, sidewalks, loading docks and areas, delivery areas, parking decks (a) During if any), enclosed spaces, enclosed corridors, enclosed plazas and amenities, restrooms, landscaped areas, fountains and water fixtures, hallways, lighting facilities, sanitary systems, utility lines and all other interior and exterior areas and improvements provided by Landlord for the common use of all tenants and their customers. Except as otherwise provided in this Lease, Tenant and its employees and invitees will have the non-exclusive right to use the Common Areas during the Term, until the occurrence such use to be in common with Landlord, other tenants of the Multi-Tenant Occupancy Date, Tenant shall have Plaza and other persons permitted by Landlord or by law to use the same (in such manner as Landlord may elect or agree with such other tenants and persons). All Common Areas will be subject to the exclusive use control of Landlord and possession of all Common Areas (subject to all applicable provisions of this Master Leasewill be operated and maintained in such manner as Landlord in its sole discretion shall determine, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, provided Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common good order and condition consistent with Landlord, and their respective Related Users (including all of similar commercial properties in the same Persons with respect to geographic region in which the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance RequirementsPlaza is located. Tenant’s use of the Landlord may temporarily close any Common Areas shall be subject during days the Plaza is not open for business, or on such other days to all rules and regulations set forth in make repairs or changes, to prevent the applicable Encumbrances (including, without limitation, accrual of rights to any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas person or the Demised Premises which would interfere with the use public or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its for other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)purposes. Landlord shall have the right to grant Promotional Rights permit entertainment events, the placement of kiosks, carts, advertising and other displays, seating, planters and other improvements in the Common Areas, and to convert the Common Areas to retail areas. In addition, Landlord reserves the right to construct, maintain, and operate lighting and other facilities, temporary and/or permanent improvements and buildings, equipment and signs on all parts of the Common Area; to increase, reduce or change the number, size, height, layout, or locations of buildings, walks, parking, driveways, entrances, exits, and other Common Areas now or hereafter forming a part of the Plaza; to police the Common Area; to restrict parking by tenants and other occupants of the Plaza and their employees, agents and invitees; to discourage or prohibit non-customer parking; to employ and discharge all personnel with respect to maintenance operations and policing of equipment of said Common Area. Landlord, in its sole discretion, may delegate its rights and duties herein with regard to the Common Area (or any Third Party part thereof) to an independent contractor or management company, which may or may not be an affiliate of Landlord (it being agreed that to the extent required by Landlord in its sole discretion, Tenant shall pay the costs of such service directly to the provider of such services prior to delinquency, and Tenant, provided, that, no such Promotional Rights ’s failure to do so shall be exercisable an Event of Default under this Lease to the same extent as a failure to pay Additional Rent wherein due). Notwithstanding anything to the contrary in this Lease, in the event that Landlord does not maintain the entire Common Areas in the Plaza, in that the other tenants occupying outparcels located within the Plaza have the right to and may maintain all or a manner that would reasonably be expected to have a material adverse impact on Tenantportion of the Common Areas, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively then and in good faith to coordinate that event, for the exercise length of time such conditions may exist, Landlord’s responsibility shall only be towards the maintenance of those portions of the Promotional Rights in accordance with Common Areas not maintained by other tenants occupying outparcels located within the foregoing provisionsPlaza located within the Plaza.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Common Areas. (a) During the Term, until the occurrence of the MultiLandlord hereby grants to Tenant a non-Tenant Occupancy Date, Tenant shall have the exclusive license to use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From the parking areas provided by Landlord in the Shopping Center for the accommodation and after parking of vehicles of Tenant and its officers, agents and employees and customers while such customers are shopping in the MultiPremises or in any other portion of the Shopping Center, (ii) the public conveniences of the Shopping Center, including any connecting passageways and lobbies used in conjunction with hotels and/or office buildings, and (iii) all other areas in the Shopping Center, including the so-Tenant Occupancy Datecalled "mall", to be used in common by tenants of the Shopping Center, such parking areas, public conveniences and other common areas being hereafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, Landlord shall operate retains and maintain (or cause to be operated and maintained) reserves the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject non-exclusive right to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas Areas.
A. Exhibit A sets forth the general layout of the Shopping Center, but shall not be subject deemed to all rules be a warranty, representation or agreement on the part of Landlord that the Shopping Center will be or will continue to be exactly as indicated on said diagram, and regulations set forth in Landlord reserves the applicable Encumbrances right to (includingi) increase, without limitationeliminate, any rights reduce or change the number, type, size, location, elevation, nature and use of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with buildings comprising the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping centerShopping Center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject make changes, additions, subtractions, alterations or improvements in or to such Common Areas, including, but not limited to, the provisions construction of any applicable Encumbrancesdecked or subsurface parking, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (Aiii) to utilize withdraw portions of the Shopping Center from Common Areas for outdoor events, activities, shows, displays, temporary special promotional eventsArea or add Common Area to the Shopping Center, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events non-contiguous parcels for parking and other charity events related Shopping Center purposes and (including charity walks); or (Biv) to utilize the lighting standards construct buildings, additional Department Stores, kiosks and other areas improvements in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property Common Areas. Tenant shall have no rights with respect to the manner land or improvements below floor slab level or above the interior surface of the exercise ceiling of such Promotional Rights; providedthe Premises or air rights above the Premises.
B. Landlord shall not, that (x) pursuant to Subsection 4.1 A, create any permanent, substantial, adverse interference with access to or visibility of the Premises from the covered mall upon which the front of the Premises abuts. However, this provision shall not preclude Landlord from installing carts or erecting kiosks or similar improvements anywhere in the covered mall, so long as any kiosks or similar improvements which are located in front of the Premises are approximately centered in the mall. Tenant’s Promotional Rights 's sole remedy in the event of Landlord's failure to comply with this Subsection 4.1 B shall includebe to terminate this Lease. In the event Tenant, and Tenant as the result of Landlord's failure to so comply, shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(Aits right to terminate this Lease, Landlord shall pay, within ninety (90) that is consistent withdays following the date Tenant vacates and surrenders the Premises, the historical practices then unamortized cost of the permanent leasehold improvements (excluding, inter alia, trade fixtures and equipment, furnishings, decorations, inventory and other items of personal property) initially made by Tenant pursuant to Article 2 of this Lease, assuming a useful life equal to the length of the original Term of this Lease and amortization on a straight line basis. Tenant shall, not later than sixty (60) days following the Commencement Date, deliver an affidavit of an officer of Tenant at that Store or that may be conducted on and a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.certifi-
Appears in 1 contract
Common Areas. (a) During the TermTenant, until the occurrence of the Multi-Tenant Occupancy Date, Tenant its employees and invitees shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas as constituted for general use of the occupants of the Building from time to time (except for mechanical rooms and janitorial closets), such use to be in common with Landlord, and their respective Related Users (including all other tenants of the same Persons with respect to the Recapture Space Building Complex and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading other persons and unloading, and parking, subject to the provisions of Rules and Regulations set forth in Exhibit D attached hereto and by this Master Leasereference made a part hereof, all Encumbrances, as such Rules and all applicable Legal Requirements and Insurance RequirementsRegulations may be amended from time to time provided such amendments are nondiscriminatory in nature. Tenant’s use of Subject to the Common Areas shall be subject to all rules and regulations limitations set forth in the applicable Encumbrances (includingnext sentence, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and Landlord reserves the right from time to time)time to undertake any or all of the activities described below, and provided such reservation of rights shall not: (i) materially affect Tenant's use or enjoyment of or access to the reasonablePremises, nondiscriminatory rules and regulations promulgated by the Parking Garage or Tenant's other rights under this Lease, or increase or materially decrease the amount of Rentable Area in the Premises; (ii) increase Tenant's Rent; or (iii) reduce the number of Tenant's parking privileges set forth herein. In connection therewith, Landlord in its discretion reserves the following rights: to add to, or subtract from, or change from time to time, including the designation dimensions and location of specific the Common Areas, it being understood that Landlord may, at its option, add any areas located within Landlord’s premises or the Block to the Common Areas; to create any additional improvements in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use to alter or enjoyment of the premises demised under the Leases or remove any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or improvements in the Common Areas Areas; to convert areas previously designated by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, Landlord as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions part of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales to an area leased to one or more tenants or to designate previously leased space as part of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) the Common Areas provided equitable adjustments are made to utilize the lighting standards and other areas Rentable Area in the parking lot for advertising purposes ((A) Building and (B) collectively, the “Promotional Rights”), subject Rentable Area in the Premises; to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect make alterations or additions to the manner of Building and to any other buildings or improvements within the exercise of Building Complex; to operate and/or maintain such Promotional RightsCommon Areas in conjunction with other parties; providedand to construct, that (x) Tenant’s Promotional Rights shall includeor permit others to construct, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, other buildings or improvements within the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Building Complex. Landlord shall have is not obligated to construct or provide for Tenant any improvements outside the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable Building except as expressly provided in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsthis Lease.
Appears in 1 contract
Sources: Lease Agreement (Exult Inc)
Common Areas. (a) During As used in this Lease, the Termterm "Common Areas" shall mean those ------------ portions of, until and facilities within, the occurrence Shopping Center which are intended for the common non-exclusive use of the Multi-Tenant Occupancy Dateoccupants, Tenant shall have their customers, agents and employees including, without limitation, parking areas, driveways, malls, walkways, loading zones and landscaping. Prior to the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Commencement Date, Landlord shall operate and maintain (or cause to be operated and maintained) construct the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingShopping Center substantially as shown on Exhibit A attached hereto, subject to the provisions of this Master Leasesuch modifications as are --------- desired by Landlord, all Encumbrancesprovided that Tenant's prior written approval thereof is obtained, which approval shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant, as well as its agents, employees and customers (collectively, "Customers"), shall have and are granted complete, nonexclusive --------- and undisturbed access to, and use of all applicable Legal Requirements and Insurance RequirementsCommon Areas. Tenant’s 's use of the Common Areas shall be subject to all such reasonable, non-discriminatory rules and regulations as may be promulgated and thereafter amended and supplemented by Landlord from time to time as Landlord deems necessary or advisable for proper and efficient use, operation and maintenance of the Common Areas, provided that all such rules and regulations shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed and in no event shall such rules and regulations increase the monetary obligations owing from Tenant to Landlord under this Lease. Except as may be required by Law, in no event shall there ever be a charge for use of the parking facilities within the Center. If any such charge is required by applicable Law, Landlord shall establish systems of validation to enable Tenant to provide parking without charge for its customers using such parking facilities for a reasonable period not less than three (3) hours. Landlord may from time to time establish, as a part of the rules subject to the Tenant's approval as set forth in the initial sentence of this Section, such employee parking systems (which shall be free of any charge to Tenant or its employees, unless such a charge is required by applicable Encumbrances Law, in which event such charge shall be borne by Landlord) as are not unreasonably burdensome to the operation of Tenant's business, and provide sufficient means of transportation and security for access to and use of such employee parking. Without limiting the generality of the foregoing, Tenant shall use commercially reasonable efforts to cause its employees to park within the employee parking areas designated by Landlord to the north, northeast and west of the Premises but not within the portion of the Shopping Center which is both (x) south of the Premises and (y) east of main drive aisle into the Shopping Center from Foothill Boulevard (between Pad building "A" and "C" as shown on Exhibit A). Landlord shall use reasonable ---------- efforts to prevent use of the Common Areas by other than Shopping Center occupants and their Customers. Landlord shall cause the Common Areas to be maintained and operated in a first-class, professional manner and condition as is customary and appropriate for the operation of first-class retail centers comparable to the Shopping Center in the vicinity of the Shopping Center. So long as access, parking and other essential services are reasonably available so as to avoid any adverse affect upon the operation of Tenant's business from the Premises, Landlord may at any time (i) close any of the Common Areas to make repairs or changes or to such extent as may, in Landlord's reasonable opinion, be necessary to prevent dedication thereof or the accrual of rights to any person or to the public therein, (ii) close temporarily any or all of the Common Areas to discourage non-customer parking, and (iii) perform such other acts in and to the Common Areas as, in Landlord's good business judgment, are advisable to improve the use thereof by occupants and tenants, their employees and invitees, so long as the same is effected in a manner to minimize interference with the operation of business of the occupants of the Shopping Center including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Tenant. Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about maintain the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users well lighted during Tenant's normal business hours and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesuntil 11:00 P.M. every day.
(iic) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii9(c), subsequent Landlord may from ------------ time to time add land to or eliminate land from the Multi-Tenant Occupancy Date with respect Shopping Center, or eliminate or add any improvements, or change or consent to a Demised Premiseschange in the shape, Tenantsize, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions location, number, height or extent of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) improvements to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than Shopping Center; provided, however, that Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, shall be required for any such change which would have an adverse affect upon Tenant's use or occupancy of or operation from the Demised Premises, parking areas serving the Premises, or pedestrian or vehicular access to the Premises (“Third Party Tenant”)from the Common Areas and/or public rights-of-way adjacent thereto. Landlord shall have not change the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord dimensions or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise location of the Promotional Rights in accordance with the foregoing provisionsPremises.
Appears in 1 contract
Sources: Lease (Sport Chalet Inc)
Common Areas. (a) During the Term, until the occurrence 16.1 Landlord shall make available within and outside of the Multi-Tenant Occupancy DateBuilding such Common Areas as are described in Exhibit B. Common Areas means, Tenant but is not limited to, any parking areas, driveways, service courts, access and egress roads, sidewalks, opened and enclosed courts, landscaped and planted areas, fire corridors, meeting areas and public restrooms. Landlord shall operate, manage, equip, light, repair and maintain the Common Areas for their intended purposes in such manner as Landlord shall in its sole discretion, from time to time, determine, and may, from time to time, change the size, location, elevation, nature and/or use of any buildings, structures, booths therein or thereon and move or remove the same, or to construct additional structures within the Common Areas.
16.2 Tenant, its officers, (if any), employees, customers and invitees shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses right in common with Landlord and all Property Document CAM Expensesothers to whom Landlord has or may hereafter grant rights, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingAreas, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all such rules and regulations set forth in the applicable Encumbrances (includingas Landlord may impose, without limitation, any rights of any parties (including Landlord) from time to reconfigure or alter such Common Areastime. Landlord may, at any time and from time to time), close any Common Area to make repairs or changes or to prevent the acquisition of public rights in such area or to discourage unauthorized parking.
16.3 Tenant agrees to pay to Landlord its proportionate share of all costs and expenses (the reasonable, nondiscriminatory rules and regulations promulgated "CAM Charge") incurred by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about each Lease Year for (i) the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping centerAreas, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions roofs of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilitiesBuilding, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (Biii) to utilize the lighting standards and all other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store facilities adjoining or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses used in connection with the natural evolution Building which include, but are not limited to, operating, equipping, policing and protecting, providing sanitation, sewers, trash removal, pest control, repair, maintenance and replacement of Tenant’s generally permitted use sidewalks, signs, displays, directories, landscaping, vegetation, pavement, parking lot, driveways, entrance ways and lighting fixtures, cleaning, painting, striping, security control and fire protection, premiums for insurance for property damage, liability and casualty insurance, full compensation and benefits of personnel used to perform services. The initial monthly payment shall be adjusted effective on the first day of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature first month of the use) that would reasonably be expected to have a material adverse impact second Lease Year and on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion the first day of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise first month of the Promotional Rights each Lease Year thereafter in accordance with the foregoing provisionsCPI Increase Formula.
Appears in 1 contract
Sources: Lease Agreement (Stoneridge Inc)
Common Areas. (a) During In addition to the Term, until the occurrence of the Multi-Tenant Occupancy DatePremises, Tenant shall have the exclusive use and possession of all those certain common areas to be reasonably designated by Landlord from time to time on the Property (collectively, the “Common Areas”). Such Common Areas (subject to all applicable provisions shall include, without limitation, parking areas, access roads and facilities, interior corridors and other common areas of this Master Leasethe Building, Legal Requirements sidewalks, driveways and Encumbrances) landscaped and open areas. The Common Areas shall be solely responsible therefor, including all maintenance for the non‑exclusive use of Tenant and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right employees, agents, suppliers, customers and license to use the Common Areas patrons, in common with Landlord, and their respective Related Users (including with all other tenants of the same Persons Property and with respect all other persons to the Recapture Space and Additional Recapture Space)whom Landlord has previously granted, for the sole purposes or may hereafter grant, rights of access, ingress, egress, loading and unloading, and parking, usage. Such non‑exclusive use shall be expressly subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all such reasonable rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and which may be adopted by Landlord from time to time). Landlord reserves the right to alter, and modify, enlarge, diminish, reduce or eliminate the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion Common Areas from time to timetime in its sole discretion, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by so long as no such action unreasonably and materially interferes with Tenant’s Related Users shall be parked use and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment occupancy of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements Premises and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Parking Facilities. Landlord shall have the right to grant Promotional Rights modify Common Areas, and if necessary, parts of the Premises, in order to implement any Third Party Tenantnecessary improvements, provided, that, no such Promotional Rights and Landlord shall be exercisable in a manner that would reasonably be expected endeavor to have a material minimize any adverse impact effect on Tenant’s use of the Premises. Tenant shall ensure that its use of the Premises and the Property does not block or interfere with any other tenants’ access to or use of the Common Areas. Tenant may not use the Common Areas for storage of goods, Landlord vehicles, refuse or any other Third Party Tenantitems. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise If Tenant uses any of the Promotional Rights in accordance with Common Areas for storage of any items, and subject to any and all regulatory or municipal codes, laws and regulations, Tenant shall pay all fines imposed upon either Landlord or Tenant by any fire, building or other regulatory body, and Tenant shall pay all costs incurred by Landlord to clear and clean the foregoing provisionsCommon Areas and dispose of such items.
Appears in 1 contract
Sources: Lease Agreement (Inogen Inc)
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of As used in this Master Lease, Legal Requirements and Encumbrances) and the term "common areas" shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
mean (i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly following areas within the Property regional development: the parking areas and facilities, roadways, pedestrian sidewalks, truckways, loading docks, delivery areas, landscaped areas, the enclosed mall, elevators and escalators and stairs and ramps not contained in such a manner as the lease areas, public bathrooms and comfort stations, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, service and fire exit corridors, retention ponds ( if applicable) and other areas, amenities, facilities and improvements which may be provided by Landlord, in its reasonable discretion, shall determine as being compliant with (ii) those areas within the Legal Requirements regional development and Encumbrances, but subject areas adjacent to the terms regional development which from time to time may be provided by the owners of such areas for the convenience and conditions of this Master Lease relating to any conditions, rights or restrictions use of Landlord’s , the tenant of the Shopping Center, the owners and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). occupants of Major Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlordpremises, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space)concessionaires, for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, invitees and all other licensees and invitees of others entitled to use thereof, and (iii) any other facilities or areas, whether within or outside the regional development, as may be designated by Landlord from time to time. This use and occupancy by the Tenant of the foregoing parties.
(ii) Subject to lease premises shall include the provisions use of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth common areas in this Section 10.2(a)(ii), subsequent to common with the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall with all others for whose convenience and use the common areas have been or may hereafter be provided by Landlord or by the right owners of common areas not within the Shopping Center, subject, however, to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable for the use thereof as prescribed from time to time by the Landlord, including Landlord's right to impose parking charges whether by meter or otherwise. In no event, however, shall Tenant, its agents or employees, use the common areas for the display or sale of merchandise. Tenant and its employees shall park their cars only in areas specifically designate d from time to time by Landlord for that purpose. Landlord will designate and area for Tenant's employees' parking and Tenant covenants that it will enforce the parking by its employees in such designated area. Automobile license numbers of employees' cars shall be furnished to Landlord upon Landlord's request. Tenant authorized Landlord to attach violation stickers or notices to and to tow away from the regional development all tenants such cars of Tenant's employees as are improperly parking and agrees to reimburse Landlord for the Property with respect cost thereof, and to pay the Landlord the sum of Fifty Dollars ($50.00) per day per car for each such car improperly parked. Landlord may at any time close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights in such area or to discourage non-customer parking; and may do such other acts in and to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights common areas as in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that its judgment may be conducted on a regional basis with respect desirable to an affected Store (includingimprove the convenience thereof. All common areas and facilities, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). leased premises, which Tenant may be permitted to use and occupy pursuant to this Lease are to be used and occupied under a revocable license, and if the amount of such areas be diminished pursuant to this Lease, Landlord shall have the right to grant Promotional Rights not be subject to any Third Party Tenantliability nor shall Tenant be entitle to any compensation or diminution or abatement of rent, provided, that, no nor shall diminution of such Promotional Rights shall areas be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord deemed constructive or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsactual eviction.
Appears in 1 contract
Sources: Lease Agreement (Cinema Ride Inc)
Common Areas. Landlord shall make available "Common Areas", in the Building and on the Land on which the Demised Premises are situated. The Common Areas shall include (a) During if applicable), but not be limited to, common entrance foyers, lobbies, elevators, stairwells, corridors, restrooms, chases, meter rooms and utility rooms in the TermBuilding and parking areas, until loading areas, driveways, sidewalks, landscaped areas, green areas, grounds, plazas and picnic areas on the occurrence Land. Landlord grants to Tenant and to Tenant's Permittees, during the term of this Lease, the non-exclusive right to use the Common Areas, in common with Landlord and with others designated by Landlord as being entitled to use the Common Areas, subject to Landlord's reasonable rules and regulations established from time to time applicable to all tenants concerning the use and operation of the Multi-Tenant Occupancy Date, Common Areas. Tenant shall have the exclusive use comply with and possession of all Common Areas (subject cause its Permittees to all applicable provisions of this Master Lease, Legal Requirements comply with said rules and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, regulations. Landlord shall operate operate, manage, repair, replace and maintain (or cause to be operated and maintained) in good condition the Common Areas located wholly within the Property for their intended purposes, all in such a manner as the Landlord, in its reasonable sole discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c)determine. Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the All Common Areas shall be subject to all rules the control of Landlord in accordance with normal custom and regulations set forth practice in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by industry. Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right authority to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, employ and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to discharge all tenants of the Property personnel with respect thereto; to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and close temporarily after written notice to Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than Common Areas for the Demised Premises (“Third Party Tenant”)purpose of making repairs, changes or alterations thereto; to perform necessary maintenance in connection with any emergency; and to maintain security for the Common Areas if deemed necessary by Landlord. Landlord shall have the right (but not the obligation), in its sole discretion, to grant Promotional Rights reserve the parking area immediately in front of, at the rear of and/or adjacent to any Third Party Tenanta particular premises for the exclusive use of that tenant who leases such premises, provided, that, no provided that such Promotional Rights shall be exercisable in reservations of parking spaces do not give one tenant a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise disproportionate share of the Promotional Rights in accordance with parking provided for the foregoing provisionsBuilding.
Appears in 1 contract
Common Areas. (a) During 16.1 Landlord shall make available from time to time to service the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Building such Common Areas (subject as and to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, extent Landlord shall operate and maintain (or cause alone from time to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c)time deem appropriate. Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject defined as including but not limited to all rules any parking areas, driveways, service courts, access and regulations set forth egress roads, sidewalks, opened and enclosed courts and malls, landscaped and planted areas, fire corridors, meeting areas and public restrooms. Landlord shall operate, manage, equip, light, repair and maintain said Common Areas for their intended purposes in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by manner as Landlord shall in its sole discretion from time to timetime determine, including and may from time to time change the designation size, location, elevation, nature and/or use of specific areas within Landlord’s premises any Common Areas and may make installations and/or construct or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked erect buildings, structures, booths therein or thereon and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that move or remove the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of retain revenue from income-producing events whether or not conducted for promotional purposes.
16.2 Tenant, its officers, employees, customers and invitees shall have the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, non-exclusive right in common with Landlord and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant others to whom Landlord has leased or licensed all may hereafter grant rights, to use said Common Areas as designated by Landlord, subject to such rules and regulations as Landlord may impose. Landlord may at any time close any Common Area to make repairs or any portion changes or to prevent the acquisition of public rights in such area or to discourage noncustomer parking. Tenant agrees to cause its employees to park in such areas as may be designated by Landlord for "Employee Parking".
16.3 Tenant shall pay to Landlord a "CAM Charge" as its proportionate share of the Property other than the Demised Premises cost and expense to Landlord of operating, maintaining and repairing said Common Areas (“Third Party Tenant”hereinafter referred to as "Common Area Maintenance Costs"). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights The initial monthly payment shall be exercisable in a manner that would reasonably be expected to have a material adverse impact adjusted effective on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise first day of the Promotional Rights first month of the second lease year and on the first day of the first month of each lease year thereafter in accordance with the foregoing provisionsCPI Increase Formula.
Appears in 1 contract
Sources: Lease Agreement (Stoneridge Inc)
Common Areas. (a) During Landlord hereby grants to Tenant for the common use of ------------ Tenant, its customers, employees, agents and invitees together with other tenants of the Building, their customers, employees, agents and invitees throughout the Lease Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the common areas within the Building. The term "Common Areas in common with LandlordArea," as used herein, and their respective Related Users shall refer to all portions of ----------- the Building (including all of except for the same Persons with respect areas specifically leased to the Recapture Space and Additional Recapture SpaceTenants), for the sole purposes of accessincluding, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Leasebut not limited to, all Encumbrancesaisles, corridors, stairways, entrances, sidewalks, roofs, atriums, elevators, and all applicable Legal Requirements utility, mechanical, services, systems, fixtures and Insurance Requirements. Tenant’s use facilities used in common by the tenants of the Building and situated within or servicing the Building. The Common Areas shall be subject to all the exclusive control and management of Landlord and Landlord shall have the right to establish reasonable rules and regulations set forth in with respect to the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time to modify, change and from time to time)rescind the same, and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including provided such rules and regulations shall not be established or enforced in a manner that unreasonably diminishes Tenant's rights to the designation of specific areas within Landlord’s premises Common Area or in reasonable proximity thereto in which automobiles owned by materially adversely affects Tenant’s Related Users shall be parked 's access to the Premises or to the parking facilities, and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that enforce-the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under the terms of this Master Lease, in any material respect. Furthermore, and Tenant covenants not and agrees to do or permit abide by and conform with, and Tenant shall use reasonable efforts to be done any act incause its employees, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other ownersagents, tenants, or occupants of any adjacent shopping centersublessees, shopping mallassignees, as the case may berepresentatives, or the respective agents, employees, customersguests, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrancesabide by and conform with, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable such rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Section 17.14. Landlord shall have the right to grant Promotional Rights use the Common Areas for charitable or commercial events at reasonable times without obligation or compensation to any Third Party Tenant provided such uses do not materially interfere with Tenant, provided, that, no 's access to or use of the Premises or its quiet enjoyment thereof. Landlord shall not alter the Common Area in such Promotional Rights shall be exercisable in a manner that would reasonably be expected as to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance materially interfere with the foregoing provisionsconduct of Tenant's business on the Premises or Tenant's access to the Premises or to the parking facilities without Tenant's consent which Tenant may withhold in its sole discretion.
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable EncumbrancesSections 6.8 and 6.9, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users Lessee shall have the nonexclusive, shared right to the reasonable use of all Common Areas as described on Exhibit 2.1(a) attached for the purposes intended, which use shall be in compliance with all Applicable Laws and Other Requirements and shall be subject to the terms of this Land Lease and to the Rules and Regulations. Lessee shall not interfere with the rights of any or all of Lessor, Lessor’s Agents, other lessees or licensees, or any other person entitled to use the Common Areas, including any excessive use thereof by Lessee or Lessee’s Agents.
(Ab) Lessor shall at all times have exclusive control of the Common Areas. Lessor shall have the right, exercisable in its sole and absolute discretion and without the same constituting an actual or constructive eviction and without entitling Lessee to utilize portions any abatement of Rent or other right or remedy, so long as none of the following prevents or unreasonably restricts Lessee from operating the Lessee Business on the Leased Premises, to: (i) close any part of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas whatever extent required in the parking lot opinion of Lessor to prevent a dedication thereof or the accrual of any prescriptive rights therein or to permit the holding of events or permit the temporary use thereof for advertising purposes charitable or commercial purposes; (ii) temporarily close the Common Areas to perform repairs or maintenance or for any other reason deemed sufficient by Lessor; (Aiii) change the shape, size, location and extent or hours of operation of the Common Areas; (Biv) collectively, eliminate from or add to the “Promotional Rights”Property any land or improvement; (v) make changes to the Common Areas (except for the location of Access Roads which is governed by Section 6.9), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden changes in the location of Site Amenities, entrances, passageways, doors and doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, sidewalks or the direction of the flow of traffic and the site of the Common Areas; (vi) remove unauthorized persons from the Common Areas, the Leased Premises and the Property; and/or patio shops)(vii) change the name or address of the Property. Lessee shall keep the Common Areas clear of all obstructions, debris or rubbish created or permitted by Lessee. If, in the reasonable opinion of Lessor, unauthorized persons are using any of the Common Areas by reason of the presence of Lessee at the Property, Lessee, upon demand of Lessor, shall restrain such unauthorized use by appropriate proceedings. In exercising any such rights regarding the Common Areas, Lessor shall make a reasonable effort to minimize any disruption to the Lessee Business.
(c) The easements, licenses and such other uses in connection with rights of use granted to Lessee pursuant to Sections 6.7, 6.8, 6.9 and this Section 6.10 and otherwise pursuant to this Land Lease (collectively, “Licenses”) shall expire and completely and automatically terminate (without any further action or instrument) upon the natural evolution expiration or sooner termination of Tenantthe Term. In Lessee’s generally permitted use of the Demised Premises (subject Licenses, Lessee shall cooperate with Lessor to Landlordcreate as little interference as practicable with Lessor’s reasonable approval of such other uses)operations on, and (y) Tenant Lessor’s use and enjoyment of, the Property. Lessee shall not exercise cause or permit any Promotional Rights in a manner (as opposed damage or injury to occur to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than that is subject to the Demised Premises Licenses, or any part thereof or person or property located thereon. Lessee shall be solely responsible for any damage caused by Lessee (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights or any officer, director or employee, agent, licensee or invitee thereof) to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with Common Areas and, upon Lessor’s request, shall promptly repair any such damage or promptly pay the foregoing provisionscost of such repair to Lessor, as elected by Lessor.
Appears in 1 contract
Sources: Lease Agreement (Arconic Inc.)
Common Areas. All parking areas, access roads and facilities furnished, made available or maintained by Landlord in or near the Center, including employee parking areas, truck ways, driveways, loading docks and areas, delivery areas, multi-story parking facilities (a) During if any), package pickup stations, elevators, escalators, pedestrian sidewalks, malls, including the Term, until the occurrence enclosed mall portion of the MultiCenter, courts and ramps, landscaped areas, retaining walls, stairways, bus stops, first-Tenant Occupancy Dateaid and comfort stations, Tenant shall have the exclusive use lighting facilities, sanitary systems, utility lines, water filtration and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating theretotreatment facilities, and shall pay all CAM Expenses other areas and all Property Document CAM Expenses, improvements provided by Landlord for the general use in common of tenants and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant others with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas (hereinafter defined) and their customers in common with the Center (all herein called "Common Areas") shall at all times be subject to the exclusive control and management of Landlord, and their respective Related Users (including all of Landlord shall have the same Persons right, from time to time, to establish, modify and enforce reasonable rules and regulations with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject all Common Areas. SUCH RULES AND REGULATIONS SHALL BE UNIFORMLY APPLIED IN A CONSISTENT MANNER TO SIMILARLY SITUATED TENANTS. Tenant agrees to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to comply with all rules and regulations set forth in the applicable Encumbrances Exhibit "E" attached hereto and all reasonable amendments thereto. EXCEPT AS PROVIDED IN SECTION 24.20 (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to timeB), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right from time to grant Promotional Rights time to: change or modify and add to any Third Party Tenantor subtract from the sizes, locations, shapes and arrangements of parking areas, entrances, exits, parking aisle alignments and other Common Areas, provided, thathowever, no that the size of parking areas on Landlord's Tract shall not be substantially reduced AND PROVIDED FURTHER THAT SUCH CHANGES SHALL NOT MATERIALLY ADVERSELY AFFECT THE USE, ACCESS OR VISIBILITY OF THE PREMISES; restrict parking by Tenant's employees to designated areas; construct surface, sub-surface or elevated parking areas and facilities; establish and from time to time change the level or grade of parking surfaces; enforce parking charges (by meters or otherwise) with appropriate provisions for ticket validation; add to or subtract from the buildings in the Center; and do and perform such Promotional Rights shall be exercisable other acts in a manner that would and to said Common Areas as Landlord in its sole discretion, reasonably be expected to have a material adverse impact on Tenantapplied, Landlord or any other Third Party Tenantdeems advisable for the use thereof by tenants and their customers. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsLANDLORD SHALL NOT REDUCE THE NUMBER OF PARKING SPACES BELOW LOCAL CODE REQUIREMENTS.
Appears in 1 contract
Sources: Lease (Success Bancshares Inc)
Common Areas. (a) During the TermAll areas, until the occurrence of the Multi-Tenant Occupancy Datespace, Tenant shall have the exclusive use equipment and possession of all Common Areas (subject to all applicable provisions of this Master Leaseservices provided by Lessor, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space)if any, for the sole purposes common use and benefit of accessLessor and the occupants of the Building, ingresstheir respective employees, egressagents, customers and invites, including without limiting the generality of the foregoing, exterior Building surfaces, support and all structural elements, roof, parking areas, driveways, passages, loading docks, sidewalks, ramps, open and unloadingenclosed courts and halls, landscaped areas, signs (except for Lessee's sign, if any, as described in Paragraph 37 herein below), exterior stairways, retaining walls, rest-rooms not located within the leased premises of any tenant and other areas and improvements provided by Lessor for the common use of Lessor and tenants shall be deemed "Common Area", and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules the exclusive control and regulations set forth in the applicable Encumbrances (including, without limitation, any rights management of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respectLessor. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users Lessor shall have the right to (A) police the Common Areas; to utilize change the area level, location and arrangement of parking areas, and other facilities; to reasonably restrict parking by Lessee; to close all or any portions of the said Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) facilities to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that extent as may be conducted on legally sufficient to prevent a regional basis with respect dedication thereof or the accrual of any right to an affected Store (including, without limitation, outdoor garden and/or patio shops), any person or the public therein; and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed temporarily close all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)parking areas or facilities to discourage non-customer parking. Landlord Lessor shall also have the right to grant Promotional Rights make changes, additions, deletions, alterations and improvements in and to the Common Areas, or any portion thereof, and there shall be no reduction in the rent or other sums due under this Lease as a result of any of the same except any decrease or change in parking spaces requires Lessee's written consent. Lessor shall operate and maintain the Common Areas in such manner as Lessor in its discretion shall determine, and Lessor shall have full right and authority to employ and discharge all personnel with respect to the operation and maintenance of the Common Areas. Lessee agrees to comply with all rules and regulations which may from time to time be promulgated by Lessor with respect to the operation and use of the Common Area services being furnished the Building unless due to the negligence of Lessor, provided no such failure or interruption shall entitle Lessee to terminate this Lease or entitle Lessee to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord right of setoff against the payment of rent or any other Third Party Tenantsums due from Lessee under this Lease.
(b) Lessor shall not be liable for any damage of any nature whatsoever to, or any theft of, automobiles or other vehicles or the contents thereof, while in or about the parking areas located within the Common Areas or the property, unless caused by negligence of Lessor.
(c) Notwithstanding anything herein to the contrary, Lessor shall not be obligated to provide any type of security in or about the Premises, the Common Areas, the Building or the Property for Lessee, its customers, guests, contractors, concessionaires, agents, lessees or invitees, or guarantee the safety or security of Lessee, its customers, guests, contractors, concessionaires, agents, lessees or invitees. TenantIf Lessor is made a party to any litigation commenced as a result of Lessor's alleged failure to provide security personnel for Lessee, Landlord its customers, guests, contractors, concessionaires, agents, lessees or invitees, then Lessee shall protect, defend and Third-Party Tenants hold Lessor harmless and shall work cooperatively pay all costs, expenses and attorney's fees incurred or paid by Lessor in good faith to coordinate the exercise of the Promotional Rights in accordance connection with the foregoing provisionssuch litigation, including all appeals therefrom.
Appears in 1 contract
Sources: Lease Agreement (Divine Skin Inc.)
Common Areas. (a) During 1. Lessor hereby grants to Lessee, during the Termterm of this Lease, until the occurrence of nonexclusive right to use, in common with all others so entitled, the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements as hereinafter defined) for pedestrian and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c)vehicular traffic. Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the The Common Areas shall be subject to all the exclusive control and management of Lessor and to such rules and regulations set forth in the applicable Encumbrances (includingas Lessor may, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked adopt and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have Lessor reserves the right to (A) change the areas, locations and arrangement of parking areas and other Common Areas; to utilize enter into, modify and terminate easements and other agreements pertaining to the maintenance and use of the parking areas and other Common Areas; to close any or all portions of the Common Areas to such extent and for outdoor eventssuch time as may, activitiesin the sole discretion of Lessor's counsel, showsbe legally necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily, displaysif necessary, temporary special promotional eventsany part of the Common Areas in order to discourage noncustomer parking; and to make changes, additions, deletions, alterations or improvements in and to such Common Areas, including sales methods of ingress to and egress from temporary facilitiessuch Common Areas, provided that there shall be no unreasonable obstruction of Lessee's right of ingress to or egress from the Demised Premises.
2. Lessor shall operate, maintain and repair the Common Areas and improvements within the Shopping Center in such manner as Lessor shall in its sole discretion determine. For these services Lessee shall pay as additional rent its proportionate share of the Common Area Maintenance Costs (as hereinafter defined) from and after the Commencement Date and continuing during the Term of this Lease, including carnivalsany period during which Lessee shall transact business in the Demised Premises prior to the Commencement Date of the term of this Lease. For the purposes of this Article, automobile and boat shows and salesthe term "COMMON AREA MAINTENANCE COSTS" shall mean all costs, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events expenses and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses charges incurred in connection with the natural evolution of Tenant’s generally permitted use ownership, management, operation, insurance, maintenance and repair of the Demised Premises (subject to Landlord’s reasonable approval of such other uses)Common Areas and improvements within the Shopping Center, and shall include, but not be limited to, the costs and expenses of [the following subsections (ya) Tenant shall through (j) are for definition only and are not exercise to be construed so as to impose any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact obligations or limitations on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.Lessor]:
Appears in 1 contract
Common Areas. The "Common Areas" consist of certain entryway, restroom or other areas in Landlord's Building, and certain driveways and parking areas on Landlord's Conference Center Complex, as are designated in yellow on Exhibits A and B. If Landlord elects in its sole discretion to designate in writing additional areas within Landlord's Conference Center Complex (awhether inside or outside of buildings) During as Common Areas, then such additional areas so designated will be governed by the Term, until terms of this Lease governing Common Areas the occurrence same as the originally designated Common Areas. The designation of any area or areas as part of the Multi-Tenant Occupancy DateCommon Areas shall not be deemed to be a permanent designation, Tenant and, except for designated rest rooms and entry/exit ways in Landlord's Building, Landlord shall have the exclusive use and possession right to reclassify any area previously designated as part of all the Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the whether same are areas originally designated herein as Common Areas located wholly within the Property per Exhibits A and B hereto or otherwise); provided, that access driveways and parking areas reasonably equivalent to those now designated on Exhibit B hereto will in such a manner any case remain as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within hereunder during the Property, further subject to Tenant’s obligations in Section 10.1(c)Term. Tenant shall have a nonexclusive right and license during the Term of this Lease to use the Common Areas as constituted from time to time. Such use shall be in common with Landlord, and their respective Related Users (including all with other tenants of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloadingLandlord if any, and parking, subject with all other persons designated by Landlord as entitled to use the provisions of this Master Lease, all Encumbrancessame, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject at all times to all such reasonable rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) governing use as Landlord may from time to reconfigure or alter such time prescribe. The Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion as constituted from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked subject to Landlord's sole management and to accommodate the reasonable requests control and requirements of shall be operated and maintained in such manner as Landlord and Landlord’s Related Users, provided, that the same in its discretion determines. Tenant shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in take any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which action that would interfere with the rights or privileges of other persons to use or enjoyment the common Areas. Without limiting the generality of the premises demised under the Leases or any Recapture Space (or any adjacent shopping centerforegoing, shopping mall or third-party owner’s propertyTenant, as the case may be)its agents, or contractors, subcontractors, employees and invitees, shall park vehicles only in properly marked parking spaces that are part of the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of shall at no time block any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any driveways that are part of the foregoing parties.
(ii) Subject to the provisions of Common Areas. Landlord may temporarily close any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions part of the Common Areas for outdoor eventssuch periods of time as may be necessary to make repairs or alterations, activitiesto prevent the public from obtaining prescriptive rights, showsor for other reasonable purposes. Notwithstanding anything herein, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect have access to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises on a twenty four (subject to Landlord’s reasonable approval of such other uses)24) hour per day, and seven (y7) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsday per week basis.
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence The term “Common Area” is defined for all purposes of this Lease as that part of the MultiProject and/or Complex intended for the common use of all tenants of the Building, including among other facilities (as such may be applicable to the Complex), the ground floor lobby, third floor lobby, elevator lobbies and hallways on multi-tenant floors, parking areas, private streets and alleys, landscaping, curbs, loading areas, sidewalks, malls and promenades (enclosed or otherwise), lighting facilities, the parking garages, 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; (ii) streets and alleys maintained by a public authority; (iii) areas within the Complex which may from time to time not be owned by Landlord (unless subject to a cross-access agreement benefiting the area which includes the Premises); and (iv) areas leased to a single-purpose user where access is restricted. In addition, although the roof(s) of the building in the Complex is not literally part of the Common Area, it will be deemed to be so included for purposes of Landlord’s ability to prescribe rules and regulations regarding same. Provided that there is no material adverse effect to Tenant’s access to or use of the Premises, Landlord reserves the right to change from time to time the dimensions and location of the Common Area, as well as the dimensions, identities, locations and types of any buildings, signs or other improvements in the Complex. Tenant Occupancy Dateexpressly acknowledges that Landlord contemplates construction of additional buildings and improvements on land within the Complex and following such construction, the North access points to the Building may be modified or relocated temporarily during the period of construction or permanently, and that any such modification or relocation shall not constitute a breach of this Section. For example, and notwithstanding anything herein to the contrary, Landlord may from time to time substitute for any parking area other areas reasonably accessible to the tenants of the Building or Complex, as applicable, which areas may be elevated, surface or underground; provided, however, (i) Tenant’s parking rights in the east and west Mall of America parking ramps and Tenant’s rights to the Underground Parking under Section 27(e) shall supersede Landlord’s rights under this paragraph and (ii) subject to the Parking Exclusions (as defined in Section 27(e)), at all times, Tenant and Tenant’s employees, visitors and customers shall have the exclusive use right to park in all parking areas and possession all parking spaces of the Complex that are available to general retail customers of the Complex, as such parking areas may be modified, replaced or closed to general retail customers from time to time. So long as Tenant has rights to parking in the east and west Mall of America parking ramps, all Common Areas other parking areas of the Complex that are available to general retail customers of the Complex (subject to all applicable the Parking Exclusions) and the Underground Parking as provided in Section 27(e), any modifications to the parking shall not be deemed to have a material adverse effect on Tenant’s access to or use of the Premises. Tenant, and its employees, visitors and customers, and when duly authorized pursuant to the provisions of this Master Lease, Legal Requirements its subtenants, licensees and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretionconcessionaires, shall determine as being compliant with have the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive non-exclusive right and license to use the Common Areas Area (excluding roof(s)) as constituted from time to time, such use to be in common with Landlord, and their respective Related Users (including all of other tenants in the same Persons with respect to the Recapture Space and Additional Recapture Space)Building and/or Complex, for the sole purposes of access, ingress, egress, loading and unloadingas applicable, and parkingother persons permitted by the Landlord to use the same, and subject to the provisions rights of this Master Leasegovernmental authorities, all Encumbranceseasements and other restrictions of record that are identified on Exhibit C hereto, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable governing use as Landlord may from time to time prescribe. Without limiting the generality of Landlord’s ability to establish such reasonable rules and regulations governing all tenants aspects of the Property with respect to the manner of the exercise of such Promotional Rights; providedCommon Area, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (agrees as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.follows:
Appears in 1 contract
Sources: Office Lease Agreement (Cray Inc)
Common Areas. (a) 12.1 During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas, as such Common Areas in common with Landlordmay be enlarged or reduced from time to time; provided, and their respective Related Users (including however, that the temporary or permanent unavailability due to damage, destruction or Taking of any or all of such Common Areas (so long as such permanent unavailability does not materially and adversely affect Tenant's access to or from public streets or reduce the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions available parking spaces below applicable legal requirements) shall not constitute a violation of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirementscovenant. Tenant’s use The scope of the Common Areas Areas, as well as the manner, nature and method of their repair, maintenance and operation, shall be subject to all rules the reasonable discretion of Landlord. Specifically, and regulations set forth in the applicable Encumbrances (including, without limitation, Landlord may, upon prior written notice to Tenant at any time or from time to time temporarily close any Common Area to make repairs or changes therein or within the Office Building Project, to prevent the acquisition of public rights of any parties (including in such area and/or to discourage non-customer parking. Landlord may do such other acts in and to the Common Areas as it deems desirable to improve the convenience thereof Landlord) to reconfigure or alter such , at Landlord's cost and expense, shall, in the Common Areas, construct a designated break area/smoking area either on the south side of one building or in between the two buildings. ETelecare Global Solutions 7/01/05
12.2 Tenant shall not at any time and from time interfere, or allow any other Tenant Parties to time)interfere, and with the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements rights of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights other persons or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space entities (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its including other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions use any part of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Areas. Landlord shall have the right to grant Promotional Rights regulate, by means of the Rules and Regulations, the use of the Common Areas, including, without limitation, the right, subject to the provisions of the Parking Space License Agreement, to designate specific areas in which vehicles owned by Tenant and other Tenant Parties must be parked, to prohibit the parking of any Third Party Tenantsuch vehicles in any other part of the Office Building Project, providedto cause to be towed away (without liability on Landlord's part) any vehicles parked in derogation of the Rules and Regulations and to be furnished with such information concerning Tenant Parties and their vehicles as Landlord may reasonably request. Landlord may, thatat all times during the Term, no such Promotional Rights exclude and restrain any disruptive or offensive persons from the use or occupancy of the Common Areas. None of the Common Areas shall be exercisable used for sidewalk kiosks, displays of merchandise or for the conduct of any business, operation, occupation or undertaking without Landlord's prior written consent. Tenant shall not use, or permit any other Tenant Party to use, the Common Areas for (a) canvassing, (b) soliciting or distributing handbills, leaflets or other advertising matter, (c) demonstrations, picketing or political or religious rallies, or (d) any other activity which would interfere with the use of the Common Areas or the conduct of business in a manner that would reasonably be expected to have a material adverse impact on Tenant, the Office Building Project or the rights of Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise occupants or users of the Promotional Rights in accordance with the foregoing provisionsOffice Building Project.
Appears in 1 contract
Sources: Office Building Lease (eTelecare Global Solutions, Inc.)
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and possession subject to the rules and regulations referred to in Article 10 of all 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 are collectively referred to herein as the “Common Areas”). The Common Areas (subject may include a cafeteria or other restaurant located within the Project, a health club located within the Project, park or other facilities open to all applicable provisions 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 date of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible thereforavailable throughout the entire Lease Term. The manner in which the Common Areas are maintained and operated shall be in the reasonable discretion of Landlord, including all maintenance provided that Landlord shall maintain and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expensesoperate the same in a manner consistent with that of other first-class life science buildings in the vicinity of the Project, and the maintenance use thereof shall be subject to such rules, regulations and repair obligations pursuant restrictions as Landlord may make from time to Section 10.1.
time. Landlord reserves the right (i) From to close temporarily, make alterations or additions to, or change the location of elements of the Project and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within Areas, including, without limitation, changes in the Property in such a manner as Landlordlocation, in its reasonable discretionsize, shall determine as being compliant with the Legal Requirements shape and Encumbrancesnumber of street entrances, but subject driveways, passages ways, stairways, direction of traffic, landscaped areas, loading and unloading areas, and walkways; (ii) to add additional buildings and improvements to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license Areas; (iii) to use the Common Areas while engaged in common with Landlordmaking additional improvements, repairs, or alterations to the Project; and their respective Related Users (including all of the same Persons iv) to do and perform such other acts and make such other changes in, to or with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas as Landlord may deem to be appropriate; provided, however, that in no event shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated actions by Landlord in its discretion from time to time, including materially increase the designation amount of specific areas within Landlord’s premises Additional Rent payable by Tenant or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or materially decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the beneficial use or and enjoyment of the premises demised under Premises. To the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as extent that the case may be), or fitness center currently existing in the Common Areas by Landlord, its other tenants, authorized users and assigns, or Building remains an amenity available to the other owners, tenants, or tenants and occupants of any adjacent shopping centerthe Project, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject Tenant shall be entitled to the provisions non-exclusive use of any applicable Encumbrancessuch fitness center during the Lease Term, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users provided such use shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), be subject to Landlord’s reasonable rules and regulations applicable regulations, and subject to all tenants the payment of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, then-applicable standard and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Thirdnon-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsdiscriminatory usage fees.
Appears in 1 contract
Sources: Lease (Ligand Pharmaceuticals Inc)
Common Areas. (a) During Tenant is hereby granted the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject right to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas. “Common Areas” means (i) the lobby area on the ground floor, (ii) the areas on individual floors devoted to corridors, balconies, fire vestibules, elevator foyers, lobbies, electric and telephone closets, restrooms, mechanical rooms, janitor closets and other similar facilities for the benefit of all tenants (or invitees) on the particular floor, (provided that such areas are not Common Areas on full floors of the Building leased by a single tenant, including Tenant, since such areas are included within the definition of Premises),those areas of the Building devoted to mechanical and service rooms servicing more than one floor or the Building as a whole and any other portion of the Real Property not leased or designated for lease to tenants from time to time that are provided for use in common by Landlord, Tenant and other tenants of the Real Property, whether or not any such area is open to the general public, including all fixtures, goods, decor, signs, facilities and landscaping located in or used in connection with those areas of the Real Property, and including without limitation city sidewalks adjacent to the Real Property and pedestrian walkways, parking areas, ramps, stairways, elevators, escalators, restrooms, patios, plazas, malls, landscaped areas, decorative walls, service corridors, throughways, loading areas, and parcel pick-up stations located in the Real Property. Notwithstanding anything to the contrary set forth in this Lease, any balconies adjacent to a portion of the Premises, which balcony is solely accessible from the Premises (the “Tenant Balcony”), shall be for the exclusive use of Tenant and shall be included as part of the Premises for all purposes except the square footage of the Tenant Balconies shall not be included for purposes of determining Base Rent and Tenant’s Share. The manner in which such Common Areas are maintained and operated Shall be at the reasonable discretion of Landlord, and the use thereof by Tenant and other persons and entities shall be subject to all rules the Rules and Regulations and such other rules, regulations set forth in and restrictions that are required by local governmental and quasi-governmental authorities. Landlord reserves the applicable Encumbrances (including, without limitation, any rights right to make alterations or additions to or to change the location or configuration of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time elements of the Real Property and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the and to terminate Tenant’s right to use or enjoyment any portion of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord(provided that such Common Areas are not located on a floor containing a portion of the Premises and are not Tenant Balconies), its other tenantswhich ceases to be a “Common Area,” as defined hereinabove; provided, authorized users and assignshowever, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees that Landlord shall provide Tenant with fifteen (15) business days prior notice of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions actions set forth in this Section 10.2(a)(ii)1.1.2, subsequent above, to be taken by Landlord if such action will substantially interfere with Tenant’s ability to (i) conduct business in the Premises, (ii) gain access to and from the On-site Parking Area and adjacent streets, or (iii) use the On-site Parking Area. Landlord shall, at all times during the “Lease Term,” as that term is defined in Section 2.1 of this Lease, maintain and operate the Common Areas in a first-class manner. Additionally, Landlord shall not, without the prior consent of Tenant, which consent shall not be unreasonably withheld or delayed and which consent shall be deemed granted if not denied by notice received by Landlord within ten (10) business days of Tenant’s receipt of notice from Landlord, make material alterations, reduction, addition, relocation or reconfiguration to the Multi-Tenant Occupancy Date with respect to a Demised PremisesBuilding exterior or the Common Areas; provided that notwithstanding the foregoing terms, Tenant’s consent shall not be required, prior to the date Landlord performs any material alteration, reduction or change of, or addition to, (i) the Building exterior or Common Areas which is required by law, (ii) any retail space located on the ground floor of the Building provided that the lobby space of the Building is not materially reduced thereby, and (iii) the portion of the lobbies located on floors not occupied Or leased by Tenant or its “Affiliates,” as that term is defined in Section 14.6 of this Lease, excluding the lobbies of those floors of the Building not occupied by Tenant, but including material decorative changes to other Common Areas, except those alterations to the Building exterior or the Common Areas which are required to comply with applicable laws. Additionally, Landlord shall not, without the prior consent of tenant, which consent shall not be unreasonably withheld or delayed and which consent shall be deemed granted if not denied by notice received by Landlord within ten (10) business days of Tenant’s receipt of notice from Landlord’s Related Users , make any material alterations to the Building exterior or the Common Areas, excluding the lobbies of those floors of the Building not occupied by Tenant, but including material decorative changes to other Common Areas, except those alterations to the Building exterior or the Common Areas which are required to comply with applicable laws. Tenant shall have the right of access to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectivelyPremises, the “Promotional Rights”)Building and the On-site Parking Area 24-hours per day, subject to Landlord’s reasonable rules and regulations applicable to all tenants of 7-days per week during the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsLease Term.
Appears in 1 contract
Common Areas. (a) During For the Termpurposes of this Agreement, until the occurrence of the Multi-Tenant Occupancy Date, Tenant terms "Common Area" or "Common Areas" shall have the exclusive use and possession of all Common Areas (subject refer to all applicable provisions land and fixtures and spaces (other than Our business and management offices) outside the Home that are owned and maintained by Us and comprise the single piece of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain real property (or cause to be operated the contiguous pieces of real property) that form the single community in which the Home is located. You understand and maintained) agree that the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be (including any amenity, swimming pool, exercise room, basketball court, parking areas, laundry facilities, roadways, and so forth) is subject to all rules any Rules and regulations Regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter by Us and that such Common Areas, Rules and Regulations may be changed at any time without notice. You understand and agree that Your payment of rent to Us only entitles You to the rental and use of the Home and Your ingress and egress to and from time the Home while You remain in legal possession of the Home; You also understand and agree that Your use of any Common Area facility (also known interchangeably as "amenity") is not included as part of the rent but instead is a privilege (not a right) granted to time)You by Us. We may revoke Your privilege to use a Common Area facility anytime if, and in Our sole discretion, You or an Authorized Occupant or Your guest (a) misused the reasonable, nondiscriminatory rules and regulations promulgated by Landlord facility in its discretion from time to time, including any way or (b) disturbed the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Leasecomfort of other people in the facility. In the event We revoke Your privilege to use a Common Area facility, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall You agree that We have the right to (Atrespass You and Your Authorized Occupant(s) to utilize portions of criminally from the Common Areas for outdoor eventsArea facility. Accordingly, activitiesYou further agree that (i) We may close or eliminate any Common Area facility at any time, shows, displays, temporary special promotional events, including sales or (ii) We may forbid You or any Authorized Occupant or guest from temporary facilitiesentering or using any Common Area facility or amenity based on Your (or their) misuse of same, and including carnivalsin either event, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may You would not be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights entitled to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord rent reduction or abatement or rescission of any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionskind whatsoever.
Appears in 1 contract
Sources: Residential Lease Agreement
Common Areas. (a) During Landlord shall make available such areas and facilities for ------------ the Term, until the occurrence common use of all tenants of the MultiBuilding (including, but not limited to parking areas, driveways, truckways, delivery passages, truck-loading areas, access roads, walkways and landscaped and planted areas) as Landlord shall reasonably deem appropriate ("Common Areas"). All elements of the Building not leased exclusively to Tenant Occupancy Date, Tenant shall have or another tenant of the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible thereforBuilding, including all maintenance and repairs relating theretothe utility systems up to the boundaries of the Premises, and are Common Areas. Landlord or its agents shall pay all CAM Expenses and all Property Document CAM Expensesoperate, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Datemanage, Landlord shall operate equip, light, repair, replace and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property for their intended purposes in such a manner as LandlordLandlord shall reasonably, in its reasonable sole discretion, shall determine as being compliant with the Legal Requirements and Encumbrancesdetermine. Landlord may, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including change the size, location, nature and use of any Common Area and make installations therein and to move and remove the same, provided that Tenant's access to the Premises is not materially reduced. All expenses in connection with the Common Areas are Operating Costs for the purposes of Section 6 of this Lease. Tenant and its employees, agents and invitees shall have the non- exclusive right (in common with other tenants of the Building and Landlord) to use the Common Areas, subject to any Rules and Regulations adopted pursuant to Section 9.1 of this Lease. The Rules and Regulations may include the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles cars owned by Tenant’s Related Users , its employees and agents must be parked. Landlord may at any time temporarily close any Common Areas due to construction, maintenance, repair or changes to any part of the building or Land. Tenant shall be parked entitled to use, on a non-reserved basis, a pro rata share of available parking. Tenant's prorated share of parking shall be determined by comparing the rentable square feet in the Building and any other adjacent buildings that will be using the available parking subject to accommodate the reasonable requests any restrictions contained in applicable Covenants and requirements Easements of Landlord and Landlord’s Related Users, provided, that the same record. Tenant shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in at any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would time interfere with the use rights of Landlord or enjoyment of other tenants of the premises demised under the Leases Building or any Recapture Space (other adjacent buildings or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of the same to use any of the foregoing partiesparking areas.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Sources: Lease (Cacheflow Inc)
Common Areas. (a) During The “Common Areas” consist of certain not leased areas and facilities outside the Term, until Premises and within the occurrence exterior boundary line of the Multi-Tenant Occupancy DateProperty and interior utility raceways and installations that are designated by Lessor to be for the general nonexclusive use of Lessor, Tenant shall Lessee, all other lessees of the Property, and each of their respective employees, suppliers, shippers, customers, contractors, and invitees. The Common Areas include but are not limited to parking areas, certain loading and unloading areas, garbage and debris disposal areas, roadways, walkways, driveways, and landscaped areas. Lessee and Lessee’s employees, suppliers, shippers, contractors, customers, and invitees have the exclusive use and possession of all Common Areas (subject nonexclusive right to all applicable provisions of this Master Leaseuse, Legal Requirements and Encumbrances) and shall be solely responsible thereforin common with others entitled to such use, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlordthey exist from time to time, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to any rights, powers, and privileges reserved by Lessor under the terms hereof or under the terms of the Rules and conditions of this Master Lease relating to any conditions, rights Regulations or restrictions governing the use of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive Under no circumstances does the right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have include the right to (A) to utilize portions of store any property, either temporarily or permanently, in the Common Areas Areas. Any such storage will be permitted only by the prior written consent of Lessor, which consent will be within the sole discretion of Lessor and may be revoked at any time. If any unauthorized storage occurs, Lessor will have the absolute right, without notice and in addition to the other rights and remedies that it may otherwise have at law or under this Lease, to remove the property to Lessee’s Premises or a storage area and to charge the cost to Lessee, which cost will be immediately payable upon demand by Lessor or dispose off at Lessors discretion. The removal will not be considered any form of bailment. Lessor is not liable for outdoor eventsany damage that may occur during any removal, activitiesmoving, showshandling, displaysmisplacing, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales stealing or storing of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectivelysuch property. After 30 days of storage, the “Promotional Rights”), subject property will be deemed abandoned and Lessor may dispose of it in any manner without any liability to Landlord’s reasonable rules Lessee and regulations applicable to all tenants of Lessee shall remain liable for the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsstorage fees.
Appears in 1 contract
Sources: Industrial Lease (Jetblack Corp)
Common Areas. (a) During DEFINITION Section
14.01 See Addendum All areas within the Term, until the occurrence exterior boundaries of the Multi-Tenant Occupancy Date, Tenant shall have the Center which are not now or hereafter held for exclusive use by Landlord or by other persons entitled to occupy floor space in the Center, including, without limiting the generality of the foregoing, parking areas and possession structures, driveways, truckways, delivery passages, elevators and escalators, loading docks, sidewalks, ramps, open and enclosed courts and malls, landscaped and planted areas, exterior stairways, bus stops, retaining walls, management offices, restrooms not located within the premises of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating theretoany tenant, and shall pay all CAM Expenses other areas and all Property Document CAM Expenses, improvements provided by Landlord for the common use of Landlord and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, tenants and their respective Related Users (including all of the same Persons with respect to the Recapture Space employees and Additional Recapture Space)invitees, for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, deemed "common areas." Landlord may make changes at any time and from time to time)time in the size, shape, location, number and extent of the common areas (including Enclosed Mall areas) or tenant areas or either of them, and no such change shall entitle Tenant to any abatement of rent. Without limiting the reasonablegenerality of the foregoing, nondiscriminatory rules Landlord may add additional department stores, retail store buildings and regulations promulgated parking decks anywhere in the Center. LANDLORD'S TENANT'S INITIALS INITIALS ---------- -------- J.E.S. DD H.T.S.
14.02 See Addendum Tenant and its employees and invitees shall be entitled to use the common areas during the lease term, in common with Landlord and with other persons authorized by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and time to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”)such areas, subject to Landlord’s such reasonable rules and regulations applicable relating to all tenants of such use as Landlord may from time to time establish.
Section 14.03 See Addendum LANDLORD (a) Landlord shall operate, manage, equip, police, light, repair, clean and maintain the Property with respect common areas in such manner as Landlord may in its sole discretion determine to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)appropriate. Landlord shall have may temporarily close any common area for repairs or alterations, to prevent a dedication thereof or the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord accrual of prescriptive rights therein or for any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsreason deemed sufficient by Landlord.
Appears in 1 contract
Sources: Lease Agreement (St John Knits Inc)
Common Areas. Common Areas" will mean all areas, spaces, facilities and equipment (awhether or not located within the Building) During made available by Landlord for the Termcommon and joint use of Landlord, until Tenant and others designated by landlord using or occupying space in the occurrence Building, including but not limited to, tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, Public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Multi-Tenant Occupancy DateBuilding and other designated by Landlord), Tenant drinking fountains and any such other areas and facilities, if any, as are designated by Landlord), drinking fountains and any such other areas and facilities, if any, as are designated by Landlord from time to time as Common Areas. Common areas shall have not include the exclusive use and possession of Garage. "Service Corridors" shall mean all Common Areas (subject to all applicable provisions of this Master Leaseloading docks, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses loading areas and all Property Document CAM Expensescorridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the maintenance Building (whether or not located within the Building) but to which Tenant and repair obligations pursuant other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) use the Common Areas located wholly within and Service Corridors during the Property term of this Lease for their intended purposes, in such a manner as common with others designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at any time all times under the exclusive control, management and from time to time), operation of the Landlord. Tenant agrees and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, acknowledges that the same shall Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withLandlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the historical practices of Tenant at that Store or that may be conducted acoustical ceiling and any other areas not specifically shown on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use Exhibit A as being part of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsPremises.
Appears in 1 contract
Sources: Standard Office Lease Agreement (McAfee Associates Inc)
Common Areas. (a) During All parking areas, access roads and facilities furnished, made available or maintained by Landlord in or near the TermHotel Complex, until including employee parking areas, truck ways, driveways, loading docks and areas, delivery areas, multi-story parking facilities, package pickup stations, elevators, escalators, pedestrian sidewalks, courts and ramps, landscaped areas, retaining walls, stairways, lighting facilities, sanitary systems, utility lines, water filtration and treatment facilities, those areas within and adjacent to the occurrence Hotel Complex for ingress and egress to and from the Hotel Complex, which from time to time may be provided by Landlord or others for the convenience, use or benefit of the Multi-Tenant Occupancy Datetenants of the Hotel Complex, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements occupants and Encumbrances, but subject to visitors of the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, Hotel Complex and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space)concessionaires, for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees invitees and invitees licensees, those areas, if any, upon which temporary or permanent off-site utility systems or parking facilities serving the Hotel Complex, may from time to time be located and other areas and improvements provided by Landlord for the general use in common of any of tenants and their customers in the foregoing parties.
Hotel Complex (iiall herein called “Common Areas”) Subject shall at all times be subject to the provisions exclusive control and management of any applicable EncumbrancesLandlord, Legal Requirements and Insurance Requirements Landlord shall have the right, from time to time, to establish, modify and the terms enforce reasonable rules, regulations and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date requirements with respect to a Demised all Common Areas. Tenant agrees to comply with, and to cause Tenant’s employees and contractors to comply with, all rules, regulations and requirements set forth by Landlord, and all amendments thereto, relating to the Common Areas, Premises or Hotel Complex. So long as the same does not materially and adversely affect Tenant’s access, ingress and egress to the Premises, Tenant, Landlord and Landlord’s Related Users shall have the right from time to (A) time to: change or modify and add to utilize portions or subtract from the sizes, locations, shapes and arrangements of parking areas, entrances, exits, parking aisle alignments and other Common Areas; designate parking areas for Landlord, Landlord’s employees and tenants, and/or limit the total number of such employee spaces; restrict parking by Tenant and Tenant’s employees to designated areas; construct surface, sub-surface or elevated parking areas and facilities; establish and from time to time change the level or grade of parking surfaces; add to or subtract from the buildings in the Hotel Complex; eliminate such access as may, from time to time, be available to the Hotel Complex; and do and perform such other acts in and to said Common Areas as Landlord, in Landlord’s sole and absolute discretion deems advisable for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilitiesthe use thereof by tenants and their customers. Tenant further acknowledges that this Section 5.1 shall be for the benefit of, and including carnivalsdirectly enforceable by, automobile Landlord. Landlord shall provide Tenant, throughout the Lease Term and boat shows and salesat no charge, sales of rugswith ten (10) reserved parking spaces, carsor ten (10) spaces within a separate, spassecured parking area on Hotel grounds. In the event that Landlord determines, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable sole and absolute discretion, to provide parking or transportation facilities for the Hotel Complex, Landlord may charge a fee to users thereof and may impose and enforce such uniform rules and regulations applicable to all tenants concerning the use thereof (including a prohibition of the Property with respect to the manner of the exercise of such Promotional Rights; provideduse by tenant’s employees) as Landlord may, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses)sole and absolute discretion, and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)deem desirable. Landlord shall have the right at any and all times to grant Promotional Rights utilize portions of Common Areas for promotions, exhibits, entertainments, product and other shows, displays, the leasing of kiosks or food and/or beverage facilities, or such other uses as may in Landlord’s judgment tend to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable attract the public to benefit the Hotel Complex. Except as specifically otherwise provided in a manner that would reasonably be expected to have a material adverse impact on Tenantthis Lease, Landlord or any may do such other Third Party Tenant. Tenantacts in and to the Hotel Complex and those Common Areas located on the Hotel Complex as in Landlord’s sole and absolute discretion may be desirable, Landlord and Third-Party Tenants shall work cooperatively and in good faith including, but not limited to, the conversion of portions thereof to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsother uses.
Appears in 1 contract
Sources: Lease (Premier Exhibitions, Inc.)
Common Areas. (a) During Subject to the Termlimitation on use as provided for in Section 5 of this Lease Agreement, until “Common Areas,” the occurrence “Common Areas” shall consist of all areas, spaces, facilities, equipment, signs and special services from time to time made available by Landlord in or near the Old Vanderburgh County Courthouse for the common and joint use and benefit of Landlord, Tenant and other tenants and occupants of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, Old Vanderburgh County Courthouse and their respective Related Users employees and agents, including, but not limited to (including all of and the same Persons with respect following shall not be deemed a representation as to the Recapture Space and Additional Recapture Spacetheir availability), for the sole purposes of accesssidewalks, ingressparking areas, egressaccess roads, driveways, landscaped areas, loading docks and unloadingramps, pedestrian malls (enclosed or open), courts, stairs, elevators, public washrooms, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirementscommunity room. Tenant’s use of the The Common Areas shall be subject to all rules the exclusive control and regulations set forth in the applicable Encumbrances (includingmanagement of Landlord, expressly reserving to Landlord, without limitation, any rights of any parties (including Landlord) the right to, as to reconfigure or alter such and within the Common Areas: erect and install any freestanding buildings, at any time kiosks, planters, sculptures or signage; construct, maintain and from time to time)operate lighting and other facilities, equipment and signs; police the reasonablesame, nondiscriminatory rules change the area, level, location and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment arrangement of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas parking areas and other facilities; restrict parking by Landlord, its Tenants and other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective Old Vanderburgh County Courthouse and their employees and agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the enforce parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rightscharges; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed close temporarily all or any portion of the Property Common Areas for the purpose of making repairs or changes thereto and to discourage non-customer parking; maintain the same in such manner as Landlord shall determine; at any time close the same to make repairs or changes, prevent the acquisition of public rights therein, discourage non-customer parking and for other than reasonable purposes. Subject to the Demised Premises (“Third Party Tenant”). Landlord limitations on use set forth in Section 5 of this Lease Agreement, the Tenant and its business invitees, employees and customers shall have the right nonexclusive right, in common with Landlord and all others to whom Landlord has granted or may hereafter grant Promotional Rights rights, to use the Common Areas subject to the foregoing terms and provisions. Tenant shall abide by all rules and regulations and cause its business invitees, employees and agents, customers to abide thereby. Tenant shall not interfere with Landlord’s or other tenants’ rights to use any part of the common areas. The Tenant acknowledges and agrees that the Landlord shall exercise zero tolerance as to any Third Party violation of the terms and provisions of this Lease Agreement on the part of the Tenant, providedincluding, thatbut not limited to, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise use of the Promotional Rights Premises described in accordance with the foregoing provisionsSection 5.
Appears in 1 contract
Sources: Lease Agreement
Common Areas. (a) During the Term, until the occurrence SECURITY/PARKING. The common areas of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas Building shall be subject to Landlord's sole management and control. Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment and signs on, in or to all rules parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and regulations set forth in truckways or parking areas now or later forming a part of the applicable Encumbrances (includingLand or Building; make alterations or additions to the Building or common area; close temporarily all or any portion of the common areas to make repairs, without limitationchanges or to avoid public dedication: grant easements to which the Land will be subject, replat, subdivide, or make other changes to the Land; place, relocate and operate utility lines at the Land and Building; and use or permit the use of all or any rights portion of the roofs of the Building. Landlord has no duty or obligation to provide any parties (including Landlord) to reconfigure security services in, on or alter such Common Areasaround the Premises, at any time and from time to time)Land or Building, and the reasonableTenant recognizes that security services, nondiscriminatory rules and regulations promulgated if any, provided by Landlord in its discretion from time to time, including will be for the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements sole benefit of Landlord and the protection of Landlord’s Related Users's property and under no circumstances shall Landlord be responsible for, providedand Tenant waives any rights with respect to, that the same shall not increase Landlord providing security or other protection for Tenant or Tenant’s obligations 's Agents or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act property in, on or about the Common Areas Premises, Land or Building. During the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s propertyLease Term, as may be extended, and provided that an Event of Default has not occurred and is not then continuing, Tenant shall be entitled to eight (8) underground reserved parking spaces at the case may be), or Building. Landlord shall maintain a 4.0/1,000 square foot ratio for outdoor surface parking spaces at the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements Building and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Land; provided that Landlord and Landlord’s Related Users shall have reserves the right to (A) relocate parking areas and driveways and to utilize portions build additional improvements in the common areas of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, Building and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks)the Land; or (B) to utilize the lighting standards and other areas in provided that the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect areas shall remain in reasonably close proximity to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsBuilding.
Appears in 1 contract
Sources: Office Lease (Eloyalty Corp)
Common Areas. (a) During Tenant, its agents, servants, employees, customers and invitees, shall have the Termnon-exclusive right to use, until in common with others, the occurrence automobile parking areas, driveways, and pedestrian walkways, and for all other areas, space, facilities. equipment and signs, to the extent made available by Landlord for the common and joint non-exclusive use and benefit of landlord, Tenant and other tenants and occupants of the Multi-Office and their respective employees, agents, subtenants, customers and other invitees (hereinafter collective called "common areas") from time to time made available by Landlord in the complex of which the Premises are a part subject to such rules and regulations as Landlord may prescribe. All employees of Tenant Occupancy Dateshall park only in spaces designated by Landlord for employee parking, if Landlord so requires; and Tenant shall furnish to Landlord, promptly upon request, license numbers, makes and colors of vehicles used by Tenant's employees. If any employee of Tenant parks a vehicle in any area other than that designated for employee parking, Tenant shall pay Landlord $10.00 per day (or part) for each vehicle so parked if Landlord shall have given written notice or oral notice of such parking violation to a responsible official of Tenant on the premises, and such violation is not immediately corrected. Landlord reserves the right to limit the number of parking spaces and the location of said spaces, in Landlord's sole discretion.
(b) Landlord shall have the exclusive use management and possession control over the common areas; shall keep the parking areas and driveways substantially free of ice, snow and debris; shall keep the common areas in reasonable repair and shall care for all Common Areas landscaping; and may change the arrangement and location of parking areas and driveways as it sees fit.
(c) Landlord (subject to all applicable provisions of reimbursement as hereinafter set forth in this Master Leasesection) will, Legal Requirements and Encumbrances) and shall be solely responsible thereforat its expense, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (maintain, or cause to be operated and maintained, the common areas (hereinabove defined) and the Common Areas located wholly within the Property Office in such a manner as deemed reasonable and appropriate by Landlord. For purposes of this Lease, "common area costs" shall be those costs of operating and maintaining or of causing the operation and maintenance of the common areas and the Office of which the Premises form a part in its a manner deemed by Landlord to be reasonable discretionand appropriate, shall determine as being compliant with the Legal Requirements and Encumbrancesincluding, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Leasenot limited to, all Encumbrancescosts and expenses, whether expended or incurred, of repairing, lighting, cleaning, landscaping, painting and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances maintaining (including, without limitationbut not limited to, preventive maintenance); removing snow, ice, rubbish and debris, including dumpster rental and/or pick-up charges, inspecting, policing, providing security and regulating traffic; rental and depreciation of machinery and equipment and other non- real estate assets used in the operation and maintenance of the property; repairing and/or replacing of paving. curbs, walkways, landscaping, drainage, on-site water lines, sanitary sewer lines, storm water lines, electrical lines and other equipment serving the Office from which the Premises or any rights part thereof is constructed or is to be constructed; electricity, steam, water and/or other fuel used in the common areas; heating, ventilating and air conditioning in enclosed common areas, if any; cleaning and janitorial supplies including equipment, uniforms, supplies and sundries used in connection therewith, if such services are provided, sales or use taxes on supplies or services; any parking surcharges that may result from any environmental or other laws, rules, regulations, guidelines or orders; the gross compensation (including fringe benefit expenses and related payroll taxes) of all personnel required to supervise and accomplish the foregoing, together with in administrative charge equal to 15% of the total of all common area costs specifically referred to above. In the event of any parties (including dispute as to whether an item represents an expense or a capital item, Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users 's accounting practices shall be parked determinative and to accommodate binding on the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (yd) Tenant shall not exercise any Promotional Rights in a manner (pay as opposed to the nature additional rent, Tenant's proportionate share of the use) that would reasonably common area costs incurred by Landlord. For purposes Of calculating Tenant's "proportionate share", the common area costs incurred by Landlord will be expected to have multiplied by a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion fraction, the numerator of which shall be the square footage occupied by Tenant for the common area cost year in question and the denominator of which shall be the total leaseable square footage of the Property other than Office, occupied or ready for occupancy. Any payment due hereunder shall be deemed to be additional rent payable by Tenant pursuant to this section within fifteen (15) days of Landlord's billing. Additional rent payable by Tenant pursuant to this section shall be pro-rated for any fractional part of the Demised Premises year during the last year of the Lease. Unless Tenant shall have given Landlord written notice of exception to any billing by Landlord within thirty (“Third Party 30) days after delivery thereof, the same shall be deemed conclusive and binding on Tenant”). Landlord shall have supply Tenant with a statement showing the right to grant Promotional Rights to any Third Party Tenant, provided, that, no amount and computation of such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise additional rent upon written request therefore by Tenant delivered within fifteen (15) days of receipt of the Promotional Rights Landlord's billing provided for in accordance with the foregoing provisionsthis subsection.
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence The areas of the Multi-Tenant Occupancy Dateshopping center shown on the plot plan designated Exhibit "A" as parking areas shall at all times be maintained as Parking Areas. The expression "Parking Areas" means parking spaces and driveways and footways and includes the areas shown as parking areas on the plot plan plus such other areas as Landlord shall from time to time designate as Parking Areas. The area marked "SERVICE" upon the plot plan, Tenant shall have the exclusive use and possession of all Common Areas (subject excepting reasonable areas adjacent to all applicable provisions of this Master Leaseservice doors, Legal Requirements and Encumbrances) and shall be solely responsible thereformaintained during the term hereof as service roads and areas (the "Service Areas"). The Parking Areas, including all maintenance and repairs relating theretothe Service Areas, and shall pay all CAM Expenses and all Property Document CAM Expensesthe sidewalks, the pedestrian ramps, and the maintenance entrances and repair obligations pursuant exits of the shopping center are herein called "the Common Areas". The Common Areas plus the lighting system and the drainage system servicing the Common Areas, plus all directional signs, plus any pylon signs, plus any landscaped areas within the shopping center plus any other common facilities in the shopping center are called "the Common Facilities". Subject to Section 10.1.
37 Landlord agrees that at all times there will be free and uninterrupted access (i) From for motor vehicles between each of the public streets adjacent to the shopping center and after the Multi-Tenant Occupancy DateParking Areas and the service doors of the demised premises, Landlord shall operate and maintain (or cause to be operated ii) for pedestrians between the Parking Areas and maintained) the demised premises. The parking spaces, driveways and footways in the Common Areas, the entrances and exits of the Common Areas, the lighting system servicing the Common Areas located wholly within and the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use traffic flow pattern of the Common Areas shall not be changed from the layout thereof shown upon the plot plan, without the consent of Tenant in writing. If any highway median strip crossover now existing near the shopping center shall be relocated, or if the installation of a highway median strip hereafter shall include a cross-over near the shopping center, then Landlord shall, subject to all rules Tenant's approval, use its best efforts to make such relocation of the entrances, exits and regulations set forth driveways of the shopping center and such changes in the applicable Encumbrances traffic flow pattern of the shopping center as shall be reasonably necessary, practical and safe to conform the same to the new median strip cross-over if permitted by public authorities having jurisdiction. Landlord agrees that the Parking Areas within the shopping center will always contain at least four and seven tenths (including4.7) parking spaces for so-called standard size American automobiles, without limitationand driveways and footways incidental thereto, for each one thousand (1,000) square feet of floor area in the shopping center. All such parking spaces in the shopping center shall be no less than ten feet in width. If any rights of any parties (including Landlord) to reconfigure or alter such Parking Areas, Service Areas, Common Areas, at Common Facilities or any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises part or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users parts thereof shall be parked and to accommodate modified, changed or altered by or as a result of demand from any state, county, local or other governmental authority or public utility beyond the reasonable requests and requirements control of Landlord and Landlord’s Related Users, providedthen it is understood that such modification, that the same change or alteration shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants constitute a breach of any adjacent shopping center, shopping mall, as the case may be, agreements or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject covenants referred to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject Lease. This provision does not apply to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionscondemnation.
Appears in 1 contract
Sources: Lease Agreement (Basic Us Reit Inc)
Common Areas. Subject to all covenants, conditions, restrictions, reservations, encumbrances, rights-of-way, public dedications, easements and other matters of record in the Land Records of West Dover, Vermont or the applicable District Environmental Conservation office, Ground Lessor hereby grants to the Ground Lessee, its permitted successors and assigns, and its employees, agents, representatives, vendors, customers and invitees (a) During collectively, “Ground Lessee’s Permitted Users”), the Termnonexclusive right of use, until the occurrence free of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive charge (except parking or other similar charges for use and possession of all Common Areas (subject to imposed on all applicable provisions of this Master Leasetenants, Legal Requirements occupants and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Spaceinvitees), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas (as defined below) in common with Ground Lessor, and its employees, agents, representatives, vendors, customers and other invitees and tenants. “Common Areas” shall be subject mean all parking areas, streets, driveways, curb cuts, and sidewalks serving the Resort which Ground Lessor makes available from time to all rules time for the common use and regulations set forth in benefit of any tenants and occupants of the applicable Encumbrances (Resort and which are not exclusively available for use by a single tenant, occupant, and invitees including, without limitation, (i) ingress and egress ways to and from the Premises and the Town Highway and from the interior roadways within the Resort, (ii) utilities and connections thereto serving the Premises, (iii) general parking areas, garages and lots, and also including areas designed for “commercial” vehicles as may be available and in accordance with applicable law, (iv) other roads and access ways, exit ways and loading docks, (v) walkways, sidewalks, landscaped and planted areas located on, for the benefit, or serving the Premises, and (vi) all sidewalks, terraces, walkways, and any rights other connecting passageways for access to the Premises. Ground Lessee shall promptly repair, at its sole cost and expense, any damage caused by Ground Lessee, or any of any parties (including Landlord) its Permitted Users, to reconfigure or alter such the Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiespart thereof.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Sources: Modification and Consent Agreement (Peak Resorts Inc)
Common Areas. (a) During the Term, until the occurrence Landlord shall at all times have exclusive control and management of the Multi-Tenant Occupancy Date, Common Areas and Facilities of Bellevue Place. Tenant shall have the exclusive nonexclusive right in common with others to use the public areas of the Bank of America Building and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions Facilities of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingBellevue Place, subject to such nondiscriminatory rules and regulations as Landlord may adopt from time to time governing the provisions use thereof including, but not limited to, the right to close the same from time to time to such an extent as may be legally sufficient, in Landlord’s opinion, to prevent a dedication thereof or the accrual of this Master Lease, all Encumbrances, right to any person or to the public therein. Tenant ▇▇▇▇▇▇▇▇▇▇.▇▇▇ NNN Lease 34 shall comply with the rules and all applicable Legal Requirements regulations that Landlord and Insurance Requirements. Tenant’s the owner or ground lessee of Bellevue Place may from time to time promulgate and/or modify regarding use and operation of the Common Areas shall be subject to all of the Bank of America Building and Common Areas and Facilities of Bellevue Place. The rules and regulations set forth shall be binding upon Tenant upon delivery of a copy thereof to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of such rules and regulations by any other tenants or occupants of space in either Bellevue Place or the applicable Encumbrances (including, without limitation, any rights Bank of any parties (including Landlord) America Building. The term “Common Areas and Facilities of Bellevue Place” refers to reconfigure all on and off-site areas and/or related facilities which are made available or alter such Common Areas, at any time and are used from time to time)time for the general use, convenience and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements benefit of Landlord and Landlord’s Related Usersother persons entitled to occupy space in Bellevue Place, providedincluding their employees, that invitees, licensees and guests, which areas shall include, but not be limited to, all parking structures and parking areas (including off-site parking), driveways, sidewalks, landscaped or planted areas, pedestrian areas, lobbies, walkways, the same shall Wintergarden Retail Center and Parking Garage. The term “Common Areas and Facilities of Bellevue Place” also refers to all on-site and off-site areas and/or related facilities which may not increase Tenant’s obligations be accessible to Tenant and other persons entitled to occupy space in Bellevue Place, but which are used in conjunction with the operation, management, repair or decrease Tenant’s rights or remedies under this Master Leasemaintenance of Bellevue Place, in any material respect. Furthermoreincluding, Tenant covenants but not limited to do or permit to be done any act injanitorial closets, on or about and/or off-site management offices and maintenance areas. The term “Common Areas and Facilities of the Bank of America Building” refers to the Common Areas or and Facilities of Bellevue Place located within the Demised Premises which would interfere with the use or enjoyment Bank of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesAmerica Building.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Sources: Office Lease (Smartsheet Inc)
Common Areas. (ai) During Landlord covenants that the Common Areas shall be available without further charge to Tenant for the nonexclusive use (as defined in Section 6(b)(iv) of Tenant during the full Term of this Lease or any extension of the Term, until provided that the occurrence condemnation or other taking by any public authority, or sale in lieu of the Multi-Tenant Occupancy Datecondemnation, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall not constitute a violation of this covenant. Landlord shall also provide up to ten (10) parking spaces in a number and location reasonably adjacent to the Building as reasonably designated by Landlord which shall be subject signed as reserved exclusively for Tenant's visitors to the Premises. Landlord specifically reserves the right to change the location, size, configuration, design, layout, and any other aspects of the parking provided such changes do not reduce the number of spaces below the minimum number of parking spaces provided in the definition of "Common Area" nor materially impair Tenant's ability to use the Premises as set forth in Section 10. Landlord may temporarily close off or restrict access to parking from time to time as necessary to enable construction, environmental remediation, alteration, or improvements, without incurring any liability to Tenant and without any abatement of Rent under this Lease provided any such temporary access restriction shall be so accomplished as to minimize inconvenience to Tenant and the least possible interference with ▇▇▇▇▇▇'s truck access to the Premises. ▇▇▇▇▇▇'s continued right to use the parking spaces is conditioned on Tenant's abiding by all rules and regulations prescribed from time to time for the orderly operation and use of the Project parking. Tenant shall use all reasonable efforts to ensure that Tenant's employees and visitors also comply with such rules and regulations. This Lease shall be subordinate to those items listed as Exceptions 1 through 12 of that Title Policy for the Real Property dated as of April 29, 1997 and any subsequently executed AREA.
(ii) Landlord shall keep or cause to be kept all Common Areas in a neat, clean, orderly and well maintained condition, properly lighted and landscaped, and shall promptly repair any damage to their facilities, but all expenses in connection with the Common Areas ("Common Area Expenses ") shall be charged in the manner set forth in Section 6(b)(iii). Common Area Expenses shall include but shall not be limited to all sums expended by Landlord in connection with the applicable Encumbrances Common Areas for all general maintenance and repairs, resurfacing, painting, restriping, cleaning, sweeping, and janitorial services; refuse removal; competitively priced management fees, which shall not exceed five percent (including, without limitation, 5%) of the Common Area Expenses; planting and landscaping; lighting and other utilities; directional signs and other markers and bumpers; personnel to implement these services and to police the Common Areas; required fees or charges levied pursuant to any rights of any parties (including Landlord) to reconfigure or alter such governmental requirements; public liability and property damage insurance on the Common Areas, which shall be carried and maintained by Landlord with limits as reasonably determined by Landlord; and, where charged to Landlord, all expenses in Sections 5, 7, and 8, provided that no expense excluded from Tenant's reimbursement obligations under Section 5(a) or any other provision of this Lease shall be included and provided further that no expense paid by Landlord shall be double counted for Tenant reimbursement purposes, and Real Property Taxes shall be determined and paid as provided in Section 5. Landlord shall exercise reasonable diligence to obtain reasonable prices for all sums expended by Landlord for Common Area Expenses.
(iii) In December of each calendar year, or as soon as reasonably possible thereafter, Landlord shall send Tenant an itemized statement, setting forth in reasonable detail Landlord's reasonable estimate of Tenant's Common Area Expenses for the following calendar year on a monthly or quarterly basis, at Landlord's option and ▇▇▇▇▇▇ agrees to pay Landlord ▇▇▇▇▇▇'s Common Area Expenses then due within fifteen (15) days after receipt of the statement and to make monthly or quarterly payments of ▇▇▇▇▇▇'s share of Common Area Expenses thereafter. Any Common Area Expenses for the year in which this Lease commences or ends shall be apportioned and adjusted based upon the number of months or portions of months in which Tenant occupies the Premises, commencing one hundred twenty (120) days following the Early Entry Date, provided that ▇▇▇▇▇▇'s work on the Tenant Improvements has not been interrupted or delayed by Landlord Delays or any time days that ▇▇▇▇▇▇'s work on Tenant's Improvements is voluntarily interrupted by Landlord pursuant to Section 2(e)(i) (and from time to timein any case no later than the Rent Commencement Date) and, provided ▇▇▇▇▇▇ is not in default hereunder, expiring when Tenant vacates the Premises (and otherwise upon expiration of the Term), and disregarding any changes in such charges attributable to a period before or after the reasonable, nondiscriminatory rules and regulations promulgated Lease Term. If the amount of monthly or quarterly payments for Common Area Expenses received by Landlord in its discretion from time to timeTenant are more or less than the actual Common Area Expenses due for any Calendar Year, including the designation an itemized statement of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and delivered to accommodate Tenant by Landlord within one hundred twenty (120) days following the reasonable requests and requirements end of each Calendar Year, or a soon as reasonably possible thereafter, an appropriate adjustment will be made by Landlord and Landlord’s Related Users, provided, that Tenant and any balance due paid or refunded within thirty (30) days after such reconciliation. All charges in Section 6 for Common Area Expenses may be superseded and governed by any AREA adopted for the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with Real Property and Adjacent Real Property.
(iv) For the use or enjoyment and benefit of the premises demised under the Leases or any Recapture Space (or any adjacent shopping centerTenant, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective Tenant's agents, employees, customers, licensees licensees, and invitees of any subtenants shall have the nonexclusive right in common with Landlord's representatives, agents employees, customers and contractors performing Landlord's obligations under this Lease, and other present and future owners and tenants of the foregoing parties.
Real Property (ii) Subject and, to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions extent set forth in this Section 10.2(a)(iiany AREA recorded for the Adjacent Real Property), subsequent and their agents, employees, customers, licensees, and subtenants, to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of use the Common Areas during the entire Term of this Lease, or any extension of the Term, for outdoor eventsingress and egress, activitiesroadway, shows, displays, temporary special promotional events, including sales from temporary facilitiessidewalk, and including carnivalsautomobile parking, automobile provided that Tenant and boat shows Tenant's employees shall park their automobiles in those areas reasonably designated by Landlord from time to time (in consultation with Tenant) for Tenant parking. To the extent practicable and sales, sales of rugs, cars, spas, plants and antiques, tent saleswithin Landlord's reasonable control, and National Safety Weekend events and other charity events (including charity walks); except as may be set forth above or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectivelyany AREA, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to Tenant shall at all tenants of the Property with respect times have 24-hour vehicular access to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (Premises including, without limitation, outdoor garden and/or patio shops)truck access.
(v) Tenant, and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Common Areas, agrees to comply with the reasonable rules and regulations as Landlord may adopt from time to time for the orderly and proper operation of the Common Areas, which rules and regulations shall not be inconsistent with this Lease and shall not interfere with ▇▇▇▇▇▇'s right of vehicular and truck access to the Premises or Tenant's other rights under this Lease.
(subject vi) Unless Landlord elects to Landlord’s reasonable approval provide trash collection as a part of the Common Area maintenance, Tenant shall at Tenant's expense arrange for the collection of trash in the Common Areas located on the Real Property, in which event Landlord shall not charge Tenant for any costs of trash removal on the Real Property and Adjacent Real Property.
(vii) Landlord grants Tenant a non-exclusive access Ad for ingress and egress over the Roadway Easement for the Term of this Lease, as it may be extended, or until such other uses)time as an AREA is executed for the Real Property and Adjacent Real Property granting Tenant similar access over the Roadway Easement. For purposes of this Lease, and (y) Tenant until superseded by an AREA, the Roadway Easement shall not exercise any Promotional Rights in a manner (as opposed to the nature be considered part of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party TenantCommon Area under this Lease, provided, thathowever that Landlord may include no more than fifty-one and four tenths percent (51.4%) of the common area expenses (as defined in 6(b)(ii)), of such Roadway Easement in Common Area Expenses and no more fifty-one and four tenths percent (51.4%) of Real Property Taxes (as defined in 5(a)) of such Promotional Rights Roadway Easement in Real Property Taxes. Upon completion of improvements to the Adjacent Real Property, ▇▇▇▇▇▇'s contribution to Common Area Expenses and Real Property Taxes for the Roadway Easement shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenantequitably reduced, Landlord eliminated or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate reciprocated by the exercise occupants of the Promotional Rights in accordance with the foregoing provisionsAdjacent Real Property.
Appears in 1 contract
Common Areas. 1. The Premises constitute a portion of a multiple occupancy building. It shall be Lessor's obligation to provide and care for the area surrounding the Building (a) During the Termhereinafter "Common Area"), until the occurrence provided, however, that Lessee shall contribute its Pro Rata Share of the Multi-Tenant Occupancy Dateexpenses for the care for the Common Area, Tenant including but not limited to, ad valorem taxes, hazard insurance on the Building, management fees, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, elevators, lobbies, stairs, entrances, exits, sidewalks, roadways, lighting, legal expenses incident to the operation of the Building (but excluding any leasing or financing legal fees), repairs, garbage and waste removal, and all other charges not classified as capital expenditures; provided, however, that Lessor shall have the exclusive use right to require Lessee to pay such other reasonable proportion of said mowing, shrub care and possession general landscaping costs as may be determined by Lessor in its sole discretion; and further provided that if Lessee or any other particular tenant of all the Building can be clearly identified as being responsible for specific damage or cost to or in the Common Areas (subject to all applicable provisions of this Master LeaseArea then Lessee, Legal Requirements and Encumbrances) and shall be solely if Lessee is responsible, or such other responsible thereforLessee, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses the entire cost thereof, upon demand as Additional Rent. Lessee shall pay when due its Pro Rata Share, determined as aforesaid, of such costs and all Property Document CAM Expensesexpenses along with the other tenants of the Building to Lessor upon demand, as Additional Rent, for the amount of its share as aforesaid of such costs and expenses in the maintenance and repair obligations pursuant event Lessor elects to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (perform or cause to be operated performed such work. Lessee's share of said expenses shall be Additional Rent hereunder and maintained) shall be due as provided in Exhibit "B". Lessee shall keep the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all whole of the same Persons with respect Premises, Building and Common Area in a clean and sanitary condition free of any trash, scraps or any material and products pertaining to its business. No area outside the Recapture Space Premises shall be used by Lessee for storage without Lessor's prior written approval.
2. All drives, streets, paved areas and Additional Recapture Space), walks are for the sole purposes common use of access, ingress, egress, loading all tenants of the Building and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use are a part of the Common Areas shall be subject Area. Lessor reserves the right to all rules and regulations set forth in the applicable Encumbrances (includingimpose, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including and Lessee hereby agrees to abide by regulations on parking and other uses of the designation of specific areas within Landlord’s premises Common Area. In addition, Lessor reserves the right to change, amend or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about modify the Common Areas or the Demised Premises which would interfere with and the use or enjoyment thereof in the discretion of the premises demised under the Leases or Lessor. Lessor shall not be responsible for enforcing Lessee's parking rights against any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing third parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Common Areas. (a) During As used in this Lease, the Termterm “common areas” means the hallways, until entryways, stairs, lobbies, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the occurrence Project that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Landlord, tenants of the Multi-Tenant Occupancy DateProject, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Leasetheir employees, Legal Requirements and Encumbrances) and shall be solely responsible thereforinvitees, including all maintenance and repairs relating theretolicensees, and shall pay all CAM Expenses and all Property Document CAM Expensesother visitors. Without advance Notice to Tenant, and the maintenance and repair obligations pursuant but without any liability to Section 10.1.
Tenant in any respect (i) From and after the Multi-Tenant Occupancy Date, provided Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property will take no action permitted under this Article in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights materially impair or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to adversely affect Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right substantial benefit and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases Premises or any Recapture Space (or any adjacent shopping centeraccess thereto), shopping mall or third-party owner’s propertyand, as except in the case of an emergency, Landlord will provide Tenant’s representative in the Premises with reasonable advance notice (which notice may bebe telephonic, by email or by posting in the Building), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, such action which will adversely affect Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to:
(a) Close off any of the common areas to grant Promotional Rights whatever extent required in the opinion of Landlord to prevent a dedication of any Third Party Tenantof the common areas or the accrual of any rights by any person or the public to the common areas;
(b) Temporarily close any of the common areas for maintenance, providedalteration, thator improvement purposes; and
(c) Change the size, use, shape, or nature of any such common areas, including erecting additional buildings on the common areas, expanding the existing Building or other buildings to cover a portion of the common areas, converting common areas to a portion of the Building or other buildings, or converting any portion of the Building (excluding the Premises) or other buildings to common areas. Upon erection of any additional buildings or change in common areas, the portion of the Project upon which buildings or structures have been erected will no longer be deemed to be a part of the common areas. In the event of any such Promotional Rights shall be exercisable changes in a manner that would reasonably be expected to have a material adverse impact on Tenantthe size or use of the Building or common areas of the Building or Project, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and will make an appropriate adjustment in good faith to coordinate the exercise rentable area of the Promotional Rights Building or the Building’s pro rata share of exterior common areas of the Project, as appropriate, and a corresponding adjustment to Tenant’s Share; provided however, in accordance with the foregoing provisionsno event shall Tenant’s Share increase as a result thereof.
Appears in 1 contract
Sources: Office Lease (Fitbit Inc)
Common Areas. (a) During Tenant, its employees and invitees may, except as ------------ otherwise specifically provided in this Lease, use the Term, until the occurrence common areas of the Multi-Tenant Occupancy DateBuilding as such common areas may be designated from time to time by Landlord (the "Common Areas"), Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, other persons for ingress and their respective Related Users (including all of egress and open-space purposes and for other purposes specifically designated by Landlord during the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions term of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s which use of the Common Areas shall be subject to all rules and regulations the restrictions set forth in the applicable Encumbrances this Lease (including, without limitation, the Rules and Regulations) and any rights further reasonable restrictions promulgated by Landlord from time to time. Landlord shall at all times have the right and privilege of determining the nature and extent of the Common Areas and of making such changes therein and thereto from time to time which, in its reasonable opinion, are deemed to be desirable and for the best interests of all persons using the Common Areas and of Landlord, including, without limitation, the withdrawal of any parties portion thereof and the relocation of driveways, entrances, exits, corridors, automobile parking spaces (including if any), the direction and flow of traffic, installation of prohibited areas, landscaped areas, and all other facilities thereof. Nothing contained herein shall be deemed to create any liability upon Landlord for any injury to or death of persons or for damage to or destruction of property, including, without limitation, for any damage to motor vehicles of Tenant, its customers or employees, or for loss of property from within such motor vehicles, unless caused by the negligence of Landlord) to reconfigure , its agents, contractors, servants or alter such employees. Landlord shall at all times during the term of this Lease have the sole and exclusive control of the Common Areas, Areas and may at any time and from time to time)time during the term hereof exclude and restrain any person from use or occupancy thereof excepting, however, bona fide invitees of Tenant and other tenants of Landlord who make use of said Common Areas in accordance with the reasonable, nondiscriminatory rules Rules and regulations promulgated by Landlord Regulations pertaining thereto. The rights of Tenant hereunder in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements Common Areas shall at all times be subject to the rights of Landlord and Landlord’s Related Users, provided, that other tenants of Landlord who use the same in common with Tenant, and it shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, be the duty of Tenant covenants not to do or permit to be done any act in, on or about keep all the Common Areas free and clear of any obstructions created or the Demised Premises which would interfere with permitted by Tenant or resulting from Tenant's operation, and to permit the use or enjoyment of any of the premises demised under Common Areas only for ingress and egress by the Leases or any Recapture Space (or any adjacent shopping centerinvitees of Tenant to and from the Building. If, shopping mall or third-party owner’s propertyin the opinion of Landlord, as the case may be), or unauthorized persons are using the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any reason of the foregoing parties.
(ii) Subject to presence of Tenant in the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Leased Premises, Tenant, Landlord and upon demand of Landlord’s Related Users , shall have correct such situation by appropriate action or proceedings against all such unauthorized persons. Nothing herein shall affect the right of Landlord at any time to (A) remove any such unauthorized persons from said areas or to utilize portions of prevent the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval any of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionssaid areas by unauthorized persons.
Appears in 1 contract
Sources: Lease (Genesys Telecommunications Laboratories Inc)
Common Areas. (a) During the Term, until the occurrence References herein to “common areas” shall mean all areas of the Multi-Tenant Occupancy DateProject not leased to tenants for their exclusive use. Landlord shall make available from time to time such public portions of the common areas as Landlord deems appropriate. As part of Common Expenses (Section 5.1), Tenant shall have Landlord is responsible for operating and maintaining the exclusive common areas and Landlord may change the size, location, nature and use of any common areas, provided that such changes do not materially and possession unreasonably interfere with Tenant’s access to or use of all Common Areas (subject to all applicable provisions of this Master Leasethe Premises. Without limiting the foregoing, Legal Requirements and Encumbrances) and shall be solely responsible thereforLandlord may erect scaffolding, including all maintenance and repairs relating theretobarriers, and other structures in the common areas where required, in Landlord’s sole discretion, in connection with work to be performed at the Project, provided that the access to the Premises and use of the Premises shall pay all CAM Expenses not be unreasonably blocked or unreasonably interfered with given the nature of the work and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate use commercially reasonable efforts to minimize the impacts on Tenant’s access and maintain (or cause use. Tenant has the nonexclusive right to be operated and maintained) the Common Areas located wholly within the Property in use those common areas which from time to time are designated for such a manner as use by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating Lease. Tenant shall not store anything outside the Premises. Subject to any conditionsspecific access provisions elsewhere in this Lease, rights Tenant shall not permit any employee, contractor or restrictions guest onto the roof of the Building or into any other non-public areas of the Project, except the Premises. Tenant acknowledges that the State of Washington Department of Transportation and/or the City of Seattle have commenced demolition and replacement of, and related work pertaining to, the Alaskan Way Viaduct (“Viaduct Work”), and that such Viaduct Work may cause temporary changes in, or disruption to, access to the Project and/or surrounding areas. Tenant agrees that none of the Viaduct Work shall be a breach of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Propertyobligations, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of covenants or warranties under this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises law or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesequity.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Sources: Office Lease (Bsquare Corp /Wa)
Common Areas. (a) During the Term, until the occurrence Common areas" shall consist of all parts of the Multi-Center not under lease exclusively to Tenant Occupancy Datehereunder or to other tenants, Tenant shall have the exclusive including, but not limited to, parking areas, access roads and facilities, driveways, sidewalks and other walkways, stairways, loading areas, malls (if any), landscaped areas, and such other areas and improvements provided for common use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements benefit. Lessor and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space)customers, for the sole purposes of accessinvitees, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agentsofficers, employees, customersagents, licensees sublessees, licensees, concessionaires and invitees of any of the foregoing parties.
(ii) Subject contractors, shall have common and non-exclusive rights to the provisions use of any applicable Encumbrancessaid common areas, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii)subject, subsequent however, to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the Lessor's exclusive right to (A) to utilize portions of the Common Areas for outdoor eventsestablish, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, modify and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s enforce reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rightsall common areas and facilities; providedto construct, that (x) Tenant’s Promotional Rights shall includemaintain, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withoperate lighting facilities on all said areas and improvements; to police the common areas; from time to time to change the area, the historical practices level, location and arrangement of Tenant at that Store parking areas and other facilities; to restrict parking by tenants, their officers, employees, agents, sublessees, licensees, concessionaires and contractors to employee parking areas; to enforce parking charges, by operation of meters or that may be conducted on a regional basis otherwise, with respect appropriate provisions for free parking ticket validation by tenants; to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord close all or any third party tenant portion of said areas or facilities to whom Landlord has leased such extent as may, in the opinion of Lessor's counsel, be legally sufficient to prevent a dedication thereof or licensed the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Property parking areas or facilities; to discourage noncustomer parking; and to do and perform such other than acts in and to said areas and improvements as, in the Demised Premises (“Third Party Tenant”)use of good business judgment, Lessor shall determine to be advisable with a view to the improvement of the convenience and use thereof. Landlord Lessor shall operate and maintain the common areas and facilities in such manner as Lessor, in its sole discretion, shall determine from time to time. Without limiting the scope of such discretion, Lessor shall have the full right and authority to employ all personnel and to make all rules and regulations pertaining to and necessary for the proper operation and maintenance of the common areas and facilities. Landlord reserves the unrestricted right to grant Promotional Rights include the service, maintenance, repair and replacement of the heating, ventilating and air conditioning (HVAC) equipment and roof into the common area of the shopping center by giving notice in writing to any Third Party Tenant, provided, that, no Tenant of the Landlord's decision to take such Promotional Rights action. Lessor shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord responsible for repairs and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise maintenance of the Promotional Rights in accordance common areas, and lighting therefor, with payment of the foregoing provisionsexpenses incident thereto as hereinafter provided for.
Appears in 1 contract
Common Areas. Common Areas" will mean all areas, spaces, facilities and equipment (awhether or not located within the Building) During made available by Landlord for the Termcommon and joint use of Landlord, until Tenant and others designated by Landlord using or occupying space in the occurrence Building or the Project, including but not limited to, tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Multi-Tenant Occupancy DateBuilding and others designated by Landlord), Tenant drinking fountains and any such other areas and facilities, if any, as are designated by Landlord from time to time as Common Areas. "Service Corridors" shall have the exclusive use and possession of mean all Common Areas (subject to all applicable provisions of this Master Leaseloading docks, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses loading areas and all Property Document CAM Expensescorridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the maintenance Building (whether or not located within the Building) but to which Tenant and repair obligations pursuant other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) use the Common Areas located wholly within and Service Corridors during the Property term of this Lease for their intended purposes, in such a manner as common with others designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at any time all times under the exclusive control, management and from time to time), operation of the Landlord. Tenant agrees and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, acknowledges that the same shall Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas (other than corridors and restroom facilities in a manner described in Section 10.2(a)(ii)(APremises located on full floors) that is consistent with, the historical practices of Tenant at that Store or that may be conducted not specifically shown on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use Exhibit A as being part of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsPremises.
Appears in 1 contract
Sources: Lease Agreement (Vadda Energy Corp)
Common Areas. (a) During the Term, until the occurrence Landlord hereby agrees that Tenant's lease of the Multi-Tenant Occupancy Date, Tenant shall have Premises includes the exclusive nonexclusive right to use in common with Landlord and possession other tenants or other occupants of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, the Building and the maintenance Property and repair obligations pursuant their agents, employees, guests, subtenants, licensee and invitees, the "Common Areas" of the Building and the Property. Section 7.03(b) contains certain restrictions on Landlord's right to Section 10.1.
(i) From and after change certain Common Areas. "Common Areas" means those portions of the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) Land and/or the Property intended at the applicable point in time at which the Common Areas located wholly within are to be delineated to be for the common use by the tenants and/or occupants of the Property and those portions of the Building intended at the applicable point in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in time at which the Common Areas located wholly within are to be delineated to be for the Propertycommon use of tenants and/or occupants of the Building, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlordor any portion thereof, and their respective Related Users (including all of the same Persons with respect to the Recapture Space customers, employees, lessees, licensees and Additional Recapture Space)invitees, for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the which Common Areas shall include, without limitation, any so-called "Limited Common Areas" i.e., areas adjacent to one or more of the buildings at the Property, the use of which Common Areas may be subject restricted in whole or in part to all rules and regulations set forth in the applicable Encumbrances tenant(s) of such building or buildings. Common Areas shall include, without limitation, those portions of the Property designated from time to time by Landlord as (i) plaza areas, (ii) pedestrian walkways, (iii) parking premises including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time)parking garages, and the reasonable(iv) those roads, nondiscriminatory rules exits, entrances, driveways, ramps, streets, curb cuts, pedestrian walkways and regulations promulgated by Landlord in its discretion sidewalks which are intended for use as pedestrian and/or vehicle access, ingress and egress from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize various portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) Property to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectivelypremises, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants other portions of the Property and public streets. Common Areas shall include with respect to the manner Building, elevators, public stairways, loading areas, ground floor lobbies and other similar facilities intended at the applicable point in time at which the Common Areas are to be delineated to be for the benefit of the exercise of such Promotional Rights; providedBuilding tenants and invitees, that (x) Tenant’s Promotional Rights shall includeand, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (includingany partial floor which Tenant may lease in the Building, without limitationthe corridors and passenger and freight elevator lobbies of such floors and the public restrooms on such floors. So long as Tenant leases 100% of the Building, outdoor garden and/or patio shops)Landlord shall not grant to any third parties the right to use the Common Areas of the Building, and such other uses than in connection with the natural evolution of Tenant’s generally permitted use operation, repair, replacement and maintenance of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), Building and (y) Tenant Landlord shall not exercise any Promotional Rights in a manner (as opposed only use the Building lobby and elevators for purposes related to the nature operation, repair, replacement and maintenance of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsBuilding.
Appears in 1 contract
Common Areas. (a) During In accordance with the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions terms of this Master Lease, Legal Requirements Landlord grants to Tenant and Encumbrances) its agents, servants, employees, guests, invitees and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and patrons a non-exclusive license during the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions Term of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and others for their respective Related Users intended purposes (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of e.g. access, ingress, ingress and egress, loading and unloading, and parking), subject to the provisions reasonable control and management thereof by Landlord. Subject to the other terms of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s 's rights to use of the Common Areas shall remain in full force and effect during the Term of this Lease and shall only be subject terminated upon the expiration or earlier termination of this Lease. Landlord shall, at Landlord's sole cost and expense, operate and maintain or shall cause to all rules be operated and regulations maintained the Hotel in accordance with the terms and conditions of the License Agreement, specifically including, but not limited to, the requirements set forth in Section 5 thereof. Landlord has the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, right at any time time, and from time to time), to (i) establish, modify and the reasonable, nondiscriminatory enforce reasonable rules and regulations promulgated by Landlord in its discretion from time with respect to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
Areas; (ii) Subject enter into, modify and terminate easements and other agreements pertaining to the provisions use and maintenance of the Common Areas; (iii) close temporarily any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize or all portions of the Common Areas for outdoor eventsAreas; (iv) discourage non-customer use; and (v) do and perform such other acts in and to said Common Areas, activitiesas, showsin the exercise of good business judgment, displaysLandlord shall determine to be advisable; PROVIDED, temporary special promotional eventsHOWEVER, no such rule, regulation or action of Landlord shall materially and adversely interfere with Tenant's, its agents, servants, employees, guests, invitees and patrons access to the Premises, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) the license to utilize the lighting standards and Common Areas, or Tenant's ongoing business operations at the Premises. Landlord shall not allow buildings, structures, landscaping, kiosks, stands or other areas vending or obstructions in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than Common Area located within fifty (50) feet of all exterior walls of the Demised Premises (“Third Party Tenant”). Landlord shall have regardless of whether such walls are on the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord exterior or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise interior of the Promotional Rights in accordance with Hotel and/or Casino) (the foregoing provisions"View Easement Area").
Appears in 1 contract
Common Areas. (a) During the TermThe Landlord agrees to maintain parking areas, until the occurrence sidewalks, roadways, exits and entrances of the Multi-Tenant Occupancy Date, shopping center. The Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Leaseright, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject an appurtenance to the terms and conditions of this Master Lease relating to any conditionsPremises, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas parking areas, roadways, sidewalks, entrances and exits and other common facilities within the shopping center in common with Landlord, and their respective Related Users (including all of the same Persons with respect others entitled to the Recapture Space use thereof, in accordance with and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Leaselease and such reasonable regulations with respect to the use thereof as the Landlord shall from time to time establish. The Landlord may make from time to time reasonable changes in any of the common facilities in the shopping center, all Encumbranceswhich in the sole judgment of the Landlord, will not detract from the usefulness or attractiveness of such common facilities, except Landlord will not construct any new buildings in the area designated the "No Build Area" on Exhibit "A". The Tenant agrees not to cause or permit any obstruction or other interference with any roadway, sidewalk, or other common facility appurtenant to the Premises. No trucks or other delivery vehicles shall park or be permitted to park in the parking areas within the shopping center, and all applicable Legal Requirements loading or unloading of merchandise, supplies, fixtures, equipment and Insurance Requirements. Tenant’s use furniture shall be done at and through the proper service entrance or entrances in the rear or the side of the Common Areas shall be subject Premises.
(b) The Landlord agrees during the term hereof to operate, manage and maintain all rules such parking areas, roads, and regulations set forth other common facilities within the Shopping Center, exclusive of the parking areas and landscaping in the applicable Encumbrances (includingPremises, without limitationif any, and to maintain the landscaping, drainage and lighting facilities therefor, all in such manner and at such cost as the Landlord in its sole judgment may determine, it being understood and agreed that the Landlord shall not be liable for any rights inconvenience or interruption of business or other consequence resulting from the making of repairs, replacements, improvements, alterations or additions or by doing of any parties other work with respect to such common facilities, where such delay or failure is attributable to strikes or other labor conditions, inability to obtain labor or materials or services, or to any other cause beyond the Landlord's reasonable control.
(including Landlordc) The Tenant agrees to reconfigure or alter require its employees to park their cars only in such Common Areas, at any time and areas as the Landlord may from time to time)time designate as employees' parking areas.
(d) Common area shall mean all service areas, parking areas, accessways, sidewalks, common area lighting systems, landscape areas, common area utility systems, directional and pylon signs and like items. Tenant, as additional rent, agrees to pay to Landlord, without offset or deduction, in equal monthly installments on the reasonablefirst day of each and every calendar month during the primary term hereof and any extension periods, nondiscriminatory rules (pro-rata for that portion of the calendar month in which the term hereof shall commence, if such portion is shorter than a full month) as its share of the cost to Landlord of keeping and regulations promulgated maintaining the parking areas and other common facilities, the annual amount equal to Tenant's pro-rata share as defined hereinafter of all costs and expenses of every kind and nature as may be paid, incurred or amortized by Landlord in its discretion from time operating, managing, equipping, lighting, repairing, replacing and maintaining the common areas including but not limited to, parking areas, common facilities and related services, properly identification and traffic signs, and in policing the Shopping Center and affording protection thereof against fire (if and to timethe extent that such policing and/or fire protection is provided) as determined in accordance with generally accepted accounting principles and allocated to any particular fiscal year on the accrual method of accounting. Such costs and expenses shall include, but shall not be limited to: maintaining, cleaning, snow plowing, sanding, salting, and lighting the parking area and other common areas; costs and expenses of planting, replanting and replacing flowers and landscaping; water and sewerage charges; premiums for liability, property damage, fire and workmen's compensation insurance including an allocation by Landlord's insurance advisor for claims paid or to be paid by Landlord under Landlord's retention (beneath Landlord's insurance deductible); wages, unemployment taxes; social security taxes; personal property taxes; fee for required licenses and permits; supplies, operation of loud speakers and any other equipment used in the designation operation, repair and maintenance of specific areas within the common areas, common facilities and related services; and administrative costs equal to fifteen percent (15%) of the total costs paid or incurred by Landlord under this Paragraph, but there shall be excluded depreciation of the original costs of constructing, erecting and installing the common areas, common facilities and related services. Tenant's pro-rata share of the costs and expenses referred to herein shall be that same percentage as set forth hereinbefore relating to Tenant's share of Real Estate Taxes. During the first lease year, the Tenant shall pay Landlord the annual sum of $36,480.00, payable monthly in advance, together with the payments of rent due hereunder, in the sum of $3,040.00 per month. These amounts are based on the Premises consisting of 32,000 square feet and shall be proportionately reduced if the Premises are reduced in size. If Landlord shall determine that any sums are owed it after the end of Landlord’s premises or 's fiscal year, Landlord shall furnish to Tenant a statement in reasonable proximity thereto detail of the actual common area costs and expenses paid or incurred by Landlord during such period prepared in which automobiles owned accordance with generally accepted accounting principles by Tenant’s Related Users Landlord, and thereupon there shall be parked and to accommodate the reasonable requests and requirements of an adjustment between Landlord and Landlord’s Related Users, provided, Tenant in the event that such pro-rata share shall be greater or less than the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, amount paid by Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject require to the provisions end that Landlord shall receive the entire amount of any applicable EncumbrancesTenant's pro-rata share of such costs and expenses. At the end of each fiscal year during the term hereof, Legal Requirements and Insurance Requirements and Landlord may adjust Tenant's monthly common area maintenance payment so that the terms and conditions amount shall equal one-twelfth of Tenant's annual pro-rata share as set forth in this Section 10.2(a)(ii), subsequent to Landlord's most recent statement. Such statement shall be conclusive between the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, parties. Landlord and Landlord’s Related Users shall have reserves the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionschange its fiscal year.
Appears in 1 contract
Common Areas. Landlord hereby grants to Tenant a nonexclusive license in common with Landlord and with others to use for the purposes permitted under this Lease: (a) During the Term, until the occurrence common areas of the Multi-Tenant Occupancy DateOffice Park as defined in the Protective Covenants for ingress and egress to the Premises, Tenant shall have (b) the exclusive use hallways, lobby, if any, and possession such public conveniences of all Common Areas the Building as may from time to time be designated by Landlord, (subject to all applicable provisions of this Master Leasec) the parking lot and parking area serving the Building, Legal Requirements (d) private streets and Encumbrancesroads serving the Premises, and (e) and shall be solely responsible thereforany other areas or improvements in or around the Building or Building Parcel, including all maintenance and repairs relating theretoexterior lighting, and shall pay all CAM Expenses and all Property Document CAM Expenses, now or hereafter to be used in common by or for the common benefit of Landlord and the maintenance and repair obligations pursuant tenants of the Building or other buildings. The items set forth in (a) through (e) above are collectively referred to Section 10.1.
(i) From and after as "Common Areas". Notwithstanding any of the Multi-Tenant Occupancy Dateprovisions herein contained, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have retain a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas and all other parts of the Office Park. No schedule, exhibit, sketch, plan, drawing, rendering, brochure, flyer, or the like shall be subject deemed to all rules create a warranty, representation or agreement on the part of Landlord that the Office Park or the Building will be or will continue to be exactly as indicated thereon, and regulations set forth Landlord reserves the right to (i) increase, reduce or change the number, type, size, location, elevation, nature and use of any of the Common Areas in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time)Office Park, and the reasonable(ii) make changes, nondiscriminatory rules and regulations promulgated by Landlord additions, alterations, or improvements in its discretion from time or to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases Office Park (including additional buildings), and (iii) dedicate all or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions part of the Common Areas or the Office Park to any Governmental Authority having jurisdiction. Subject to occasional temporary closures necessary for outdoor eventsany work within the Common Areas, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, Landlord shall not make changes to the Common Areas which materially and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) adversely affect Tenant's ability to utilize conduct business within the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property Premises. Tenant shall have no rights with respect to the manner land or improvements below the exterior floor slab level or above the interior surface of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use ceiling of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or air rights or any third party tenant to whom Landlord has leased easements, in, on, about, below or licensed all or any portion of above the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsPremises.
Appears in 1 contract
Sources: Lease Agreement (Zones Inc)
Common Areas. a. External Wall:
b. Lobby:
c. Lifts:
d. Elevation: (ALLOTTEE’S COVENANTS AND HOUSE RULES)
(a) During to co-operate with the Term, until Promoter/Maintenance Agency/Association in the occurrence management maintenance control and administration of the MultiProject and the Said Land and other Common Purposes.
(b) to use the Apartment only for the private dwelling and residence in a decent and respectable manner and for no other purposes whatsoever without the prior consent in writing of the Promoter and shall not do or permit to be done any obnoxious, injurious, noisy, dangerous, hazardous, illegal or immoral activity at the Apartment or any activity which may cause nuisance or annoyance to the allottees.
(c) Without prejudice to the generality of the foregoing, not to use the Apartment or any part thereof or any part of the Project as Guest House, Boarding & Lodging House, Hotel, Nursing Home, Meeting Place, Club, Eating & Catering Centre, Hobby Centre or ▇▇▇▇▇▇▇▇▇ of animals or any commercial, manufacturing or processing work etc., whatsoever or keep pets or animals which can be a danger to other allottees.
(d) Not to put up or affix any nameplate or letter box or neon-Tenant Occupancy Date, Tenant sign or sign board or other similar things or articles in the Common Areas or on the outside wall of the Apartment and/or Building or anywhere in the Project PROVIDED HOWEVER THAT nothing contained herein shall prevent the Allottee to put a decent nameplate outside the main gate of his/her/their/its Apartment. It is hereby expressly made clear that in no event the Allottee shall open out any additional window or any other apparatus protruding outside the exterior of the Apartment save that the Allottee shall have the exclusive use and possession right install window/ split air-conditioners at the place/s provided therefor in the Apartment.
(e) Not to partition or sub-divide the Apartment nor to commit or permit to be committed any form of all alteration or changes in the Apartment or in the beams, columns, pillars of the Buildings at the Project passing through the Apartment or the Common Areas for the purpose of making changing or repairing the concealed wiring and piping or otherwise nor in pipes, conduits, cables and other fixtures and fittings serving the other Apartments in the Project nor to hang from or attach to the beams or rafters any articles or machinery which are heavy or which may affect or endanger or damage the construction of the Buildings at the Project or any part thereof.
(subject f) Not to all applicable provisions close or permit the closing of this Master Leaseverandahs or lounges or balconies or lobbies and common areas.
(g) Not to install or keep or operate any generator in the Apartment or in the balcony/verandah if attached thereto corridor, Legal Requirements lobby or passage of the floor in which the Apartment is situate or in any other Common Areas of the Buildings at the Project or the Said Land save the battery operated inverter inside the Apartment.
(h) Not to hang or put any clothes in or upon the windows balconies and Encumbrances) and shall other portions which may be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and exposed in a manner or be visible to the maintenance and repair obligations pursuant to Section 10.1outsiders.
(i) From To maintain at his/ her/ its own costs, the Apartment and after the Multibalcony, in the same good condition state and order in which it be delivered to him/her/them/it and to abide by and observe and perform all the relevant laws, norms, terms, conditions, rules and regulations and restrictions of the Government, local Authority, CESC Limited, Fire Service Authorities, Pollution Control authority and/or any statutory authority and/or local body with regard to the user and maintenance of the Apartment as well as the user operation and maintenance of lifts, generators, tube- well, water, electricity, drainage, sewerage and other installations and amenities at the Project.
(j) To draw electric lines/wires, television cables, broadband data cables and telephone cables to the Apartment only through the ducts and pipes provided therefor, ensuring that no inconvenience is caused to the Promoter or to the other allottees. The main electric meter shall be installed only at the common meter space in the said Project. The Allottee shall under no circumstances be entitled to affix, draw or string wires, cables or pipes from, to or through any part or portion and outside walls of the Building.
(k) Not to sub-Tenant Occupancy Datedivide the Apartment and Car Parking Space under any circumstances.
(l) Not use or permit to be used the Apartment or the Common Areas or the Car Parking Space, Landlord shall operate if any, in such manner or commit any such act, which may in any manner cause nuisance or annoyance to other allottees/ occupants of the Project and/or the neighboring properties and maintain not to make or permit to be made any disturbance or to do or permit anything to be done that will interfere with the rights, comforts or convenience of other allottees/ occupants of the said Project.
(m) Not carry on or cause to be operated carried on any obnoxious or injurious activity in or through the Apartment, the Car Parking Space, if any and maintained) the Common Areas located wholly within Areas.
(n) Not to keep any heavy articles or things that are likely to damage the Property floors or install or operate any machine or equipment save the usual home appliances.
(o) Not to alter the outer elevation or façade or colour scheme of the Buildings at the Project (including grills, verandahs, lounges, external doors and windows etc.,) or any part thereof in any manner whatsoever.
(p) Not to install grills the design of which have not been suggested or approved by the Promoter or the Architects.
(q) Not to fix or install any antenna on the roof or any part thereof nor shall fix any window antenna.
(r) The Allottee shall not park any motor car, two ▇▇▇▇▇▇▇ or any other vehicle at any place in the Project (including at the open spaces at the Project) nor claim any right to park in any manner whatsoever or howsoever Provided that if the Allottee has been granted Car Parking Space, the facility of such a manner as Landlord, in its reasonable discretion, parking shall determine as being compliant with the Legal Requirements and Encumbrances, but be subject to the terms following conditions:-
1. The Allottee shall use only the space for Car Parking Space identified for him/her/them/it as per Part II of Schedule C hereto for parking;
2. The Allottee to whom the Car Parking Spaces are allotted shall pay any Maintenance Charges for such Car Parking Spaces punctually and conditions without any delay or default;
3. The Allottee shall use the Car Parking Spaces, only for the purpose of this Master Lease parking of his/her/their/it medium sized motor car that is capable of comfortably fitting in the allotted Car Parking Space.
4. No construction or storage of any nature shall be permitted in any Car Parking Space nor can the same be used for rest, recreation or sleep of servants, drivers or any person whosoever.
5. The Allottee shall not grant transfer let out or part with the Car Parking Space independent of the Flat nor vice versa.
6. In case due to any enactment or implementation of legislation, rule, bye- law or order of any judicial or other authority, the individual exclusive Car Parking Space at the space earmarked for the Allottee is not permissible, then the Allottee shall neither hold the Promoter and/or the Owners liable in any manner whatsoever nor make any claim whatsoever against the Promoter and/or the Owners.
7. In case the Allottee’s Car Parking Space is inter-dependent with any other parking facility in the Project or any part thereof then the Allottee shall not disturb/block the ingress and egress of car/two ▇▇▇▇▇▇▇ of the other Allottees of such facility or any other Allottees in the Project.
(s) To allow the Promoter/Maintenance Agency/Association and its authorized representatives with or without workmen to enter into and upon the Apartment at all reasonable times for construction and completion of the Buildings at the Project and the Common Purposes and to view and examine the state and condition thereof and make good all defects decays and want of repair in the Apartment within seven days of giving of a notice in writing by the Promoter/Maintenance Agency/Association to the Allottee thereabout;
(t) To install firefighting and sensing system gadgets and equipment as required under Applicable Law and shall keep the Apartment free from all hazards relating to fire.
(u) To keep the Apartment and walls, sewers, drainage, water, electricity, pipes, cables, wires and other connections fittings and installations, entrance and main entrance serving any conditionsother Apartment in the Project in good and substantial repair and condition so as to support shelter and protect the other units/parts of the Buildings at the Project and not to do or cause to be done anything in or around the Apartment which may cause or tend to cause or tantamount to cause or affect any damage to any flooring or ceiling of any other portion over below or adjacent to the Apartment.
(v) Not to store or cause to be stored and not to place or cause to be placed any goods, rights articles or restrictions things in the Common Areas.
(w) Not obstruct the common pathways and passages or use the same for any purpose other than for ingress to and egress from the Apartment and the Car Parking Space, if any.
(x) Not violate any of Landlord’s and Landlord’s Related Users the rules and/or regulations laid down by the Promoter/Maintenance Agency/Association for use of the Common Areas.
(y) Not throw or accumulate or cause to be thrown or accumulated any dust, rubbish or other refuse in the Common Areas located wholly within save at the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users places indicated therefore.
(including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlordz) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not Not to do or permit to be done any act deed or thing which may render void or voidable any policy of insurance on any apartment or any part of the Buildings at the Project or may cause any increase in the premia payable in respect thereof.
(aa) Not to commit or permit to be committed any alteration or changes in, on or about draw from outside the Buildings at the Project, the pipes, conduits, cables, wiring and other fixtures and fittings serving the Apartment and any other Apartment in or portion of the Project.
(bb) To use the Common Areas only to the extent required for ingress to and egress from the Apartment of men, materials and utilities and without causing any obstruction or the Demised Premises which would interfere interference with the free ingress to and egress from the Said Land by the Promoter and all other persons entitled thereto.
(cc) To use the Common Areas with due care and caution and not hold the Transferors liable in any manner for any accident or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or damage while enjoying the Common Areas by Landlordthe Allottee or his family members or any other person.
(dd) Not to make any construction or addition or alteration or enclose any Common Areas nor display any signboard, its other tenants, authorized users neon sign or signage therefrom or from any part thereof nor keep or put any soil or dirt or filth thereat nor permit the accumulation of water or breeding of germs or mosquito or anything which can cause health disorder and assigns, to maintain best standard of health and hygiene nor violate or the other owners, tenants, omit to install and maintain any fire-safety measures.
(ee) Not to claim any access or occupants user of any adjacent shopping centerother portion of the Project except the Building and the Common Areas mentioned therein and that too subject to the terms and conditions and rules and regulations applicable thereto.
(ff) Not to allow the watchmen, shopping malldriver, as domestic servants or any other person employed by the case may be, Allottee or his agents to sleep or squat in the respective agents, employees, customers, licensees common passage/lobby/terrace/corridors/lift room/garden etc.
(gg) No bird or animal shall be kept or harboured in the Common Areas of the Project. In no event shall dogs and invitees of other pets be permitted on elevators or in any of the foregoing partiesCommon Areas of the Project unless accompanied. The Allottee shall not ▇▇▇▇▇▇▇▇▇ or sacrifice any animals in the Apartment and/or any part or portion of the Project.
(hh) Keep the Common Areas, open spaces, parking areas, paths, passages, staircase, lobby, landings etc. in the Said Land free from obstructions and encroachments and in a clean and orderly manner and not deposit, store or throw or permit to be deposited, stored or thrown any goods articles or things or any rubbish or refuse or waste therein or in the Common Areas and the Said Land.
(ii) Subject Not to change/alter/modify the names of the Project and/or any of the Buildings therein from those mentioned in this Agreement.
(jj) The Allottee agrees, declares and confirms that the right, title and interest of the Allottee is and shall be confined only to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements Apartment and the terms other components of the Apartment and conditions set forth in this Section 10.2(a)(ii)that the Promoter shall at all times be entitled to deal with and dispose of all other apartments, subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premisesunits, Tenantparking spaces/facilities, Landlord constructed spaces and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas Project in favour of third parties at such consideration and its sole discretion, which the Allottee hereby accepts and to which the Allottee, under no circumstances, shall be entitled to raise any objection.
(PART I EXTRA CHARGES)
(i) Generator Power Backup (Rs. [•] per KVA) as per requirement: Rs. [•]/- (Rupees [•] only)
(ii) Legal Charges per apartment: Rs. [•]/- (Rupees [•] only)
(iii) Mutation Costs & Expenses: Rs. [•]/- (Rupees [•] only)
(iv) CESC Cost & Expenses for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, Electricity Infrastructure: Rs. [•]/- (Rupees [•] only)
(v) Charges for providing Amenities & Facilities: Rs. [•]/- (Rupees [•] only)
(vi) Goods and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events Services Tax (including charity walks); or (BGST) to utilize payable on the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants Total Price and/or on sale / transfer of the Property with respect Apartment to the manner Allottee and payment of the exercise same shall be made on or before the date the same is payable as per law or alongwith the payment of such Promotional Rights; providedthe respective installment or within 15 (fifteen) days of demand by the Promoter, that whichever is the earliest.
(xvii) Tenant’s Promotional Rights shall includeBetterment and/or development charges and any other tax, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withduty levy, the historical practices of Tenant at that Store cess, or charge that may be conducted on a regional basis with respect to an affected Store (includingimposed or charged, without limitationif any, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use construction or transfer of the Demised Premises Apartment in favour of the Allottee.
(subject viii) Stamp duty and registration fee and all other taxes, levies and other allied expenses relating to Landlord’s reasonable approval this Agreement, the proposed deed of such conveyance and all other uses), papers and (y) Tenant shall not exercise any Promotional Rights documents that may be required to be executed and/or registered in a manner (as opposed pursuance hereof and/or relating to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or Apartment and any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenantadditional/deficit stamp duty, providedadditional/deficit registration fee, thatpenalty, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord interest or any other Third Party Tenant. Tenantlevy, Landlord if any, that may be imposed in this regard at any time together with miscellaneous expenses for registration of each document.
(ix) Price, cost, charges and Third-Party Tenants shall expenses levied by the Promoter for any additional or extra work cooperatively done and/or any additional amenity or facility provided and/or for any changes, additions, alterations or variation made in the Apartment, and/or the agreed specifications, including the costs, charges and in good faith to coordinate the exercise expenses for revision/registration/regularization of the Promotional Rights Sanctioned Plan in accordance relation to the Apartment.
(PART II DEPOSITS)
(a) CESC electricity meter deposit: At actuals
(b) Maintenance deposit: Rs. [•]/- (Rupees [•] only)
(c) Sinking fund: Rs. [•]/- (Rupees [•] only)
(d) Municipal rates and taxes deposit: Rs. [•]/- (Rupees [•] only) The Deposits shall be paid by the Allottee to the Promoter within 15 (fifteen) days of Notice for Possession without raising any objection whatsoever regarding the same. Applicable Goods and Services Tax and any other tax, duty, levy, cess, etc., if applicable, on the above amounts shall be paid by the Allottee in addition to the above.
(a) Apportionment of any liability of the Allottee in respect of any expenses, taxes, dues, levies or outgoings payable by the Allottee pursuant to this Agreement or otherwise shall be Proportionate.
(b) The Maintenance Charges payable by the Allottee with effect from the foregoing provisionsdate of issue of the partial or full completion/occupancy certificate shall be payable on a monthly basis on the basis of the bills to be raised by the Promoter/Maintenance Agency/Association, such bills being conclusive proof of the liability of the Allottee in respect thereof. The Maintenance Charges shall be decided by the Promoter/Maintenance Agency/Association from time to time per square feet of carpet area per month for the Apartment together with applicable Goods and Services Tax.
(c) The Promoter/Maintenance Agency/Association shall be entitled to revise and increase the Maintenance Charges from time to time and the Allottee shall not be entitled to object thereto.
(d) The Allottee shall, without raising any objection in any manner whatsoever and without claiming any deduction or abatement whatsoever, pay all bills raised by Promoter/Maintenance Agency/Association, within the prescribed due date, failing which the Allottee shall pay interest for delayed payments at the rate specified in
Appears in 1 contract
Sources: Agreement for Sale
Common Areas. (a) During All facilities furnished in the TermShopping Center and designated for the general use, until the occurrence in common, of occupants of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible thereforShopping Center, including all maintenance Tenant, its officers, agents, assigns, employees and repairs relating theretocustomers, including but not limited to parking areas, streets, sidewalks, tunnels, bridges, canopies, roadways, loading platforms, washrooms, shelters, ramps, landscaped areas and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
other similar facilities (i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the "Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretionAreas"), shall determine as being compliant with the Legal Requirements and Encumbrances, but at all times be subject to the terms exclusive control and conditions of this Master Lease relating to any conditions, rights or restrictions management of Landlord’s ; and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right from time to grant Promotional Rights time to any Third Party Tenantchange, providedenlarge, thatdiminish or rearrange the area, no level, location and arrangement of the Common Areas, to restrict parking by tenants and their employees to employee parking areas, and to make all rules and regulations and do such Promotional Rights shall things from time to time as in Landlord's reasonable discretion may be exercisable necessary regarding the Common Areas. Notwithstanding the foregoing, during the Lease Term, Landlord, in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of its rights hereunder, shall not materially interfere with Tenant's use and occupancy of the Promotional Rights Demised Premises and shall not, without Tenant's prior written consent: (i) erect any building, fence, wall, sign or other obstruction in accordance the "no build area" shown cross hatched on Exhibit G, (ii) build any expansion or addition to the Shopping Center located over or under the Demised Premises, (iii) reduce the parking ratio below a ratio of 5.5 parking spaces for each 1,000 square feet of Gross Leasable Area of the Shopping Center, (iv) turn off the lights in the parking area of the Shopping Center before 11:00 p.m., or (v) allow any pay or commuter parking in the parking areas of the Shopping Center. Landlord agrees to maintain that portion of the Shopping Center that is adjacent to the right-of-way of I-77 so that the underbrush on that portion of the Shopping Center does not reduce the visibility of the Demised Premises.
(b) Commencing on the Rent Commencement Date, Tenant will pay to Landlord, as additional rent, without deduction or set-off, its share of Landlord's costs for operating, maintaining and securing the Common Areas. During each Lease Year of the initial Term of this Lease (the 1st through 11th Lease Years), Tenant's share of such costs shall be equal to Fifty Cents ($.50) per square foot of Floor Area of the Demised Premises, and during each Lease Year of the Renewal Period (the 12th through 21st Lease Years), Tenant's share of such costs shall be equal to Sixty Cents ($.60) per square foot of Floor Area of the Demised Premises. This annual charge shall be paid to Landlord in twelve (12) equal monthly installments in advance on the first day of each calendar month. Landlord agrees that it shall require each tenant in the Shopping Center to contribute to the cost of Common Area maintenance which contribution shall either be: (i) taken into account by Landlord in determining the amount of the tenant's rent, or (ii) set out as an additional charge.
(c) Notwithstanding any provisions of this Lease, if any governmental law, statute, ordinance, regulation, executive order or proclamation or other governmental requirement or any governmental regulation approved by Landlord requires or recommends that Landlord not perform any obligation as contained herein in connection with the foregoing provisionsany energy generation and any energy conservation or use program, Landlord may comply therewith without being deemed in violation of this Lease.
Appears in 1 contract
Sources: Lease Agreement (800 Jr Cigar Inc)
Common Areas. (a) During As used in this Lease, the Termterm "Common Areas" shall mean those ------------ portions of, until and facilities within, the occurrence Shopping Center which are intended for the common non-exclusive use of the Multi-Tenant Occupancy Dateoccupants, Tenant shall have their customers, agents and employees including, without limitation, parking areas, driveways, malls, walkways, loading zones and landscaping. Prior to the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Commencement Date, Landlord shall operate and maintain (or cause to be operated and maintained) construct the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingShopping Center substantially as shown on Exhibit A attached hereto, subject to the provisions of this Master Leasesuch modifications as are --------- desired by Landlord, all Encumbrancesprovided that Tenant's prior written approval thereof is obtained, which approval shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant, as well as its agents, employees and customers (collectively, "Customers"), shall have and are granted complete, nonexclusive ---------- and undisturbed access to, and use of all applicable Legal Requirements and Insurance RequirementsCommon Areas. Tenant’s 's use of the Common Areas shall be subject to all such reasonable, non-discriminatory rules and regulations as may be promulgated and thereafter amended and supplemented by Landlord from time to time as Landlord deems necessary or advisable for proper and efficient use, operation and maintenance of the Common Areas, provided that all such rules and regulations shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed and in no event shall such rules and regulations increase the monetary obligations owing from Tenant to Landlord under this Lease. Except as may be required by Law, in no event shall there ever be a charge for use of the parking facilities within the Center. If any such charge is required by applicable Law, Landlord shall establish systems of validation to enable Tenant to provide parking without charge for its customers using such parking facilities for a reasonable period not less than three (3) hours. Landlord may from time to time establish, as a part of the rules subject to the Tenant's approval as set forth in the initial sentence of this Section, such employee parking systems (which shall be free of any charge to Tenant or its employees, unless such a charge is required by applicable Encumbrances Law, in which event such charge shall be borne by Landlord) as are not unreasonably burdensome to the operation of Tenant's business, and provide sufficient means of transportation and security for access to and use of such employee parking. Without limiting the generality of the foregoing, Tenant shall use commercially reasonable efforts to cause its employees to park within the employee parking areas designated by Landlord to the north, northeast and west of the Premises but not within the portion of the Shopping Center which is both (x) south of the Premises and (y) east of main drive aisle into the Shopping Center from Foothill Boulevard (between Pad building "A" and "C" as shown on Exhibit A). Landlord shall use reasonable --------- efforts to prevent use of the Common Areas by other than Shopping Center occupants and their Customers. Landlord shall cause the Common Areas to be maintained and operated in a first-class, professional manner and condition as is customary and appropriate for the operation of first-class retail centers comparable to the Shopping Center in the vicinity of the Shopping Center. So long as access, parking and other essential services are reasonably available so as to avoid any adverse affect upon the operation of Tenant's business from the Premises, Landlord may at any time (i) close any of the Common Areas to make repairs or changes or to such extent as may, in Landlord's reasonable opinion, be necessary to prevent dedication thereof or the accrual of rights to any person or to the public therein, (ii) close temporarily any or all of the Common Areas to discourage non-customer parking, and (iii) perform such other acts in and to the Common Areas as, in Landlord's good business judgment, are advisable to improve the use thereof by occupants and tenants, their employees and invitees, so long as the same is effected in a manner to minimize interference with the operation of business of the occupants of the Shopping Center including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Tenant. Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about maintain the Common Areas or well lighted during Tenant's normal business hours and until 11:00 P.M. every day (and until midnight during the Demised Premises which would interfere with the use or enjoyment month of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may beDecember), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(iic) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii9(c), subsequent Landlord may from ------------ time to time add land to or eliminate land from the Multi-Tenant Occupancy Date with respect Shopping Center, or eliminate or add any improvements, or change or consent to a Demised Premiseschange in the shape, Tenantsize, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions location, number, height or extent of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) improvements to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than Shopping Center; provided, however, that Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, shall be required for any such change which would have an adverse affect upon Tenant's use or occupancy of or operation from the Demised Premises, parking areas serving the Premises, the visibility of the Premises (“Third Party and/or Tenant”)'s exterior signage from the Common Areas exterior to the Premises and/or public rights-of-way adjacent thereto, or pedestrian or vehicular access to the Premises from the Common Areas and/or public rights-of-way adjacent thereto. Landlord shall have not change the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord dimensions or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise location of the Promotional Rights in accordance with Premises. In no event shall any kiosks be located within the foregoing provisionsCommon Areas.
Appears in 1 contract
Sources: Lease (Sport Chalet Inc)
Common Areas. (a) During Landlord hereby grants to Tenant, during the Lease Term, until the occurrence nonexclusive right to use, in common with all others so entitled, the Common Areas of the MultiBuilding. As used herein, the term “Common Areas” shall mean and include all areas, facilities and improvements provided from time to time for the general, common or joint use on a non-Tenant Occupancy Dateexclusive basis by Landlord, Tenant shall have the tenants and other users of the Building, including, without limitation, designated parking spaces and parking garages, [ADD IF APPLICABLE common bicycle parking, shower facilities,] pedestrian sidewalks, driveways, curbing, retaining walls, truck-ways, access roads, ramps, loading docks, delivery areas, lobbies and lobby elevator areas, elevators, storm and sanitary sewer systems, signs, landscaped and vacant areas and lighting facilities, except as may be otherwise designated by Landlord for the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (any tenant or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c)other user. Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the The Common Areas shall be subject to all the exclusive control and management of Landlord and to such rules and regulations set forth in the applicable Encumbrances (includingas Landlord may, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within adopt. Tenant shall refrain from doing any act which interferes with Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked exclusive control and to accommodate the reasonable requests and requirements management of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlordothers. Landlord hereby reserves the right at any time or from time to time, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any but using commercially reasonable efforts not to unreasonably interfere with Tenant’s use of the foregoing parties.
Premises, to: (iia) Subject change the areas, locations and arrangement of all elements of the Real Property and the Building, including parking areas and other Common Areas, but excluding the space within the Premises; (b) enter into, modify and terminate easements and other agreements pertaining to the provisions maintenance and use of the parking garage and parking areas and other Common Areas; (c) close any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize or all portions of the Common Areas for outdoor eventsto such extent and from such time as may, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes sole discretion of Landlord’s counsel, be legally necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; (d) close temporarily, if necessary, any part of the Common Areas in order to discourage non-visitor parking; (Ae) make changes, additions, deletions, alterations or improvements in and to such Common Areas, provided that there shall be no unreasonable obstruction of Tenant’s right of ingress to or egress from the Premises; and (Bf) collectively, the “Promotional Rights”), subject to Landlord’s reasonable adopt rules and regulations applicable to all tenants of the Property with respect by which Tenant shall abide relating to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses)Common Areas. [IF APPLICABLE Landlord may demolish buildings and improvements, build additional buildings, add additional floors, change the layout and (y) Tenant shall not exercise otherwise change or reduce, if applicable, any Promotional Rights building in a manner (the complex where the Building is located, the parking areas or Common Areas at any time, as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord deems necessary or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)desirable. Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.]
Appears in 1 contract
Sources: Lease Agreement
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Multi‑Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Multi‑Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party third‑party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Multi‑Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party third‑party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Common Areas. Common Areas" will mean all areas, spaces, facilities and equipment (awhether or not located within the Building) During made available by Landlord for the Termcommon and joint use of Landlord, until Tenant and others designated by Landlord using or occupying space in the occurrence Building, including but not limited to, tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Multi-Tenant Occupancy DateBuilding and others designated by Landlord)., Tenant shall have the exclusive use drinking fountains and possession of all any such other areas and facilities, if any, as are designated by Landlord from time to time as Common Areas. Common Areas (subject to shall not include the Garage. "Service Corridors" shall mean all applicable provisions of this Master Leaseloading docks, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses loading areas and all Property Document CAM Expensescorridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas spaces, facilities and equipment serving the maintenance Building (whether or not located within the Building) but to which Tenant and repair obligations pursuant other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) use the Common Areas located wholly within and Service Corridors during the Property term of this Lease for their intended purposes, in such a manner as common with others designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at any time all times under the exclusive control, management and from time to time), operation of the Landlord. Tenant agrees and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, acknowledges that the same shall Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withLandlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the historical practices of Tenant at that Store or that may be conducted acoustical ceiling and any other areas not specifically shown on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use Exhibit A as being part of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsPremises.
Appears in 1 contract
Common Areas. Common Areas" will mean all areas, space, facilities and equipment (awhether or not located within the Building) During made available by Landlord for the Termcommon and joint use of Landlord, until Tenant and others designated by Landlord using or occupying space in the occurrence Building, including but not limited to, tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, Public rest rooms, Building stairs,, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Multi-Tenant Occupancy DateBuilding and others designated by Landlord), Tenant shall have the exclusive use drinking fountains and possession of all any such other areas and facilities, if any, as are designated by Landlord from time to time as Common Areas. Common Areas (subject to shall not include the Garage. "Service Corridors" shall mean all applicable provisions of this Master Leaseloading docks, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses loading areas and all Property Document CAM Expensescorridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the maintenance Building (whether or not located within the Building) but to which Tenant and repair obligations pursuant other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) use the Common Areas located wholly within and Service Corridors during the Property term of this Lease for their intended purposes, in such a manner as common with others designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at any time all times under the exclusive control, management and from time to time), operation of the Landlord. Tenant agrees and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, acknowledges that the same shall Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withLandlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the historical practices of Tenant at that Store or that may be conducted acoustical ceiling and any other areas not specifically shown on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use Exhibit A as being part of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsPremises.
Appears in 1 contract
Sources: Standard Office Lease Agreement (Networks Associates Inc/)
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have non-exclusive access to (and use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord's exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time ("Common Areas"), provided that Landlord shall have the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant's ingress and egress to and from the Building. Landlord has the exclusive use and possession of all Common Areas (subject right to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) designate the Common Areas located wholly within Areas, (ii) change the Property designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with action that would permanently reduce the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users available parking in the Common Areas located wholly within vicinity of the Property, further subject Building or permanently impair Tenant's ingress and egress to Tenant’s obligations in Section 10.1(c)and from the Building. Tenant shall have a nonexclusive right and license not unreasonably interfere with the rights of others to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance RequirementsAreas. Tenant’s All use of the Common Areas shall be subject to all the rules and regulations set forth described in Section 12(b) hereof. Any temporary reduction of the available parking in the applicable Encumbrances (including, without limitation, vicinity of the Building or any rights temporary impairment of any parties (including Landlord) the ingress and egress to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users Building shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices occur only during cases of Tenant at that Store emergency or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses as reasonably necessary in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to any repairs, alterations or construction by Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights be accomplished in such a manner (as opposed to allow minimal interference with Tenant's access to, and parking on, the Common Areas to the nature extent practicable in light of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Thirdthen-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionscurrent situation.
Appears in 1 contract
Sources: Office Lease (Spheris Inc.)
Common Areas. (a) During Landlord hereby grants to Tenant, during the Lease Term, until the occurrence nonexclusive right to use, in common with all others so entitled, the Common Areas of the MultiBuilding. As used herein, the term “Common Areas” shall mean and include all areas, facilities and improvements provided from time to time for the general, common or joint use on a non-Tenant Occupancy Dateexclusive basis by Landlord, Tenant shall have the tenants and other users of the Building, including, without limitation, designated parking spaces and parking garages, [ADD IF APPLICABLE common bicycle parking, shower facilities,] pedestrian sidewalks, driveways, curbing, retaining walls, truck-ways, access roads, ramps, loading docks, delivery areas, lobbies and lobby elevator areas, elevators, storm and sanitary sewer systems, signs, landscaped and vacant areas and lighting facilities, except as may be otherwise designated by Landlord for the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (any tenant or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c)other user. Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the The Common Areas shall be subject to all the exclusive control and management of Landlord and to such rules and regulations set forth in the applicable Encumbrances (includingas Landlord may, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within adopt. Tenant shall refrain from doing any act which interferes with Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked exclusive control and to accommodate the reasonable requests and requirements management of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlordothers. Landlord hereby reserves the right at any time or from time to time, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any but using commercially reasonable efforts not to unreasonably interfere with Tenant’s use of the foregoing parties.
Premises, to: (iia) Subject change the areas, locations and arrangement of all elements of the Real Property and the Building, including parking areas and other Common Areas, but excluding the space within the Premises; (b) enter into, modify and terminate easements and other agreements pertaining to the provisions maintenance and use of the parking garage and parking areas and other Common Areas; (c) close any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize or all portions of the Common Areas for outdoor eventsto such extent and from such time as may, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes sole discretion of Landlord’s counsel, be legally necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; (d) close temporarily, if necessary, any part of the Common Areas in order to discourage non-customer parking; (Ae) make changes, additions, deletions, alterations or improvements in and to such Common Areas, provided that there shall be no unreasonable obstruction of Tenant’s right of ingress to or egress from the Premises; and (Bf) collectively, the “Promotional Rights”), subject to Landlord’s reasonable adopt rules and regulations applicable to all tenants of the Property with respect by which Tenant shall abide relating to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject Common Areas. [IF APPLICABLE: Nothing contained herein shall be deemed to Landlord’s reasonable approval of such other uses)be a warranty, and (y) Tenant shall not exercise any Promotional Rights in a manner (representation or agreement by Landlord that the Building will be, or will continue to be, as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact indicated on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Exhibit A without change. Landlord shall have may demolish buildings and improvements, build additional buildings, add additional floors, change the right to grant Promotional Rights to layout and otherwise change or reduce, if applicable, any Third Party Tenantbuilding in the complex where the Building is located, providedthe parking areas or Common Areas at any time, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, as Landlord deems necessary or any other Third Party Tenantdesirable. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.]
Appears in 1 contract
Sources: Retail Lease
Common Areas. (a) During Throughout the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant and Tenant's Associates shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlordnonexclusive right, in its reasonable discretioncommon with others, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right at any time, without Tenant's consent, subject, however, to the provisions of Section 5(j) hereof, (a) to change the arrangement or location of entrances, passageways, doors, doorways, corridors, stairs or other public portions of the Land or the Building, provided any such change does not unreasonably obstruct Tenant's access to the Leased Premises or the Parking Spaces; (b) to grant Promotional Rights to any Third Party Person an exclusive right to conduct a particular business or undertaking in the Building that is not inconsistent with Tenant's permitted use of the Leased Premises or with the use of a first class office building; (c) to use and/or lease the roof of the Building and the Common Areas for any purposes not inconsistent with the terms of this Lease, including, without limitation, Section 9(h) herein; (d) to subdivide the Land or to combine the Land with other adjoining real property; (e) to add additional covered parking spaces on the Land or to add additional levels of parking spaces to the existing covered Parking Spaces, to erect additional buildings or additions on the Land and to erect temporary scaffolds and other devices in connection with the construction, repair and maintenance of the Land or the Building, or both; and (f) to relocate or alter the existing Parking Spaces and to add new parking areas in connection with any future development of new buildings on the Land or on adjoining real property. Landlord's exercise of any of the foregoing rights shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, by reason of inconvenience or annoyance to Tenant, providedor injury to or interruption of Tenant's business, thator otherwise. Notwithstanding anything to the contrary set forth above, no in the event Landlord converts any Common Areas to rentable areas so as to prevent Tenant from using such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights Common Areas in accordance with the foregoing provisionsterms of this Lease, the Building Rentable Area shall be increased and Tenant's Proportionate Share shall be reduced accordingly and Tenant's share of Operating Expense Increases and Real Estate Tax Increases shall be likewise reduced accordingly.
Appears in 1 contract
Common Areas. (a) During Subject to the TermBuilding Rules and other provisions of this Lease, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the non-exclusive access to, use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating theretoof, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) enjoyment of the Common Areas located wholly within the Property in such twenty-four (24) hours a manner as Landlordday, in its reasonable discretion, shall determine as being compliant fifty-two (52) weeks a year for purposes consistent with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c)their intended use. Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use All of the Common Areas shall be subject to all rules (i) the exclusive but reasonable control, management and regulations set forth in regulation of the applicable Encumbrances Landlord and (including, without limitation, any rights ii) the terms of any parties (including Landlord) to reconfigure this Lease. The Tenant shall not obstruct or alter such damage the Common Areas. Subject to the terms of this Lease, at any time and from time to time)the Landlord shall have the right, and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including to change the designation location, size, appearance or configuration of specific areas within the Common Areas, provided that such changes do not materially or unreasonably (a) limit the Tenant’s access to the Premises, (b) reduce or eliminate the Landlord’s premises or in reasonable proximity thereto in which automobiles owned by provision of any amenities (e.g., the Fitness Center (subject to the provisions of Section 15.02), the Auditorium, etc.) and/or (c) materially and adversely affect (I) the Tenant’s Related Users Permitted Use and the benefit of the Premises and/or (II) access, use of, and enjoyment of the Common Areas. The Tenant shall be parked and make no changes or alterations to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas and the Tenant shall not materially obstruct in any way the Landlord’s or the Demised Premises which would interfere with the any other person’s right of access, use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions Areas. All of the Common Areas which the Tenant may be permitted to use hereunder shall be used and occupied under a non-exclusive right for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, access and including carnivals, automobile and boat shows and sales, sales use with others. If the Common Areas are changed or restricted by the Landlord as set forth hereinabove or if the Tenant’s use thereof is affected by the use of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectivelyothers as permitted hereinabove, the “Promotional Rights”), Landlord shall not be subject to Landlord’s reasonable rules and regulations applicable any personal liability for diminution of use, nor shall the Tenant be entitled to all tenants any compensation or diminution or abatement of Base Rent, nor shall such change, restriction or use by others be deemed a constructive or actual eviction of the Property with respect Tenant, excepting changes that materially and adversely affect the Tenant’s Permitted Use, the benefit of the Premises and its access rights to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord ATM or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenantnight depository, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsthis Lease.
Appears in 1 contract
Common Areas. (a) During Landlord reserves the Termright to change, until from time to ------------ time, the occurrence dimensions and location, identity and type of any buildings comprising the Building, and to construct additional buildings or additional stories on existing buildings or other improvements on the Property, provided that such changes and additional construction do not materially or adversely affect parking and signage for the Premises. Landlord reserves the right to change, from time to time, the dimensions and location of the Multi-Common Area and to allow the Common Area to be put to such uses, as Landlord shall, from time to time, deem desirable, provided that Tenant's use and enjoyment of, access to and parking for the Premises and/or the Common Areas is not materially adversely affected thereby for an unreasonable period of time and during such time Tenant Occupancy Date, has an alternate means of access to the Premises. Tenant and its employees and customers shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas Area in common with Landlord, and their respective Related Users (including all other tenants of the same Persons with respect to the Recapture Space Property and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingother persons designated by Landlord, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all reasonable rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and governing use that Landlord from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same prescribes. Tenant shall not increase Tenant’s obligations solicit business, distribute handbills or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about display merchandise within the Common Areas Area, or the Demised Premises take any action, which would interfere with the rights of other persons to use or enjoyment the Common Area. Landlord may temporarily close any part of the premises demised under the Leases Common Area to make repairs or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case alterations. Tenant acknowledges that Landlord may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any be required to grant to major tenants of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have Property the right to (A) to utilize display and sell merchandise and services on portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilitiesArea, and including carnivalsthe rights herein granted to Tenant shall be inferior to any such rights granted to major tenants. The Common Area shall be under Landlord's sole operation and control. Tenant shall be responsible for and shall indemnify and hold Landlord harmless from any liability, automobile and boat shows and salesloss or damage arising out of or caused by Tenant, sales of rugsits employees, carssubtenants, spaslicensees, plants and antiquesconcessionaires, tent salesagents, and National Safety Weekend events and other charity events (including charity walks); suppliers, vendors, or (B) service contractors, to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants any part of the Property with respect Common Area, or to the manner of the exercise of Property whether such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store damages be structural or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsnonstructural.
Appears in 1 contract
Sources: Lease Agreement (Liposcience Inc)
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable EncumbrancesSections 6.8 and 6.9, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users Lessee shall have the nonexclusive, shared right to the reasonable use of all Common Areas as described on Exhibit 6.10 attached for the purposes intended, which use shall be in compliance with all Applicable Laws and Other Requirements and shall be subject to the terms of this Land Lease and to the Rules and Regulations. Lessee shall not interfere with the rights of any or all of Lessor, Lessor’s Agents, other lessees or licensees, or any other person entitled to use the Common Areas, including any excessive use thereof by Lessee or Lessee’s Agents.
(Ab) Lessor shall at all times have exclusive control of the Common Areas. Lessor shall have the right, exercisable in its sole and absolute discretion and without the same constituting an actual or constructive eviction and without entitling Lessee to utilize portions any abatement of Rent or other right or remedy, so long as none of the following prevents or unreasonably restricts Lessee from operating the Lessee Business on the Leased Premises, to: (i) close any part of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas whatever extent required in the parking lot opinion of Lessor to prevent a dedication thereof or the accrual of any prescriptive rights therein or to permit the holding of events or permit the temporary use thereof for advertising purposes charitable or commercial purposes; (ii) temporarily close the Common Areas to perform repairs or maintenance or for any other reason deemed sufficient by Lessor; (Aiii) change the shape, size, location and extent or hours of operation of the Common Areas; (Biv) collectively, eliminate from or add to the “Promotional Rights”Property any land or improvement; (v) make changes to the Common Areas (except for the location of Access Roads which is governed by Section 6.9), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden changes in the location of Site Amenities, entrances, passageways, doors and doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, sidewalks or the direction of the flow of traffic and the site of the Common Areas; (vi) remove unauthorized persons from the Common Areas, the Leased Premises and the Property; and/or patio shops)(vii) change the name or address of the Property. Lessee shall keep the Common Areas clear of all obstructions, debris or rubbish created or permitted by Lessee. If, in the reasonable opinion of Lessor, unauthorized persons are using any of the Common Areas by reason of the presence of Lessee at the Property, Lessee, upon demand of Lessor, shall restrain such unauthorized use by appropriate proceedings. In exercising any such rights regarding the Common Areas, Lessor shall make a reasonable effort to minimize any disruption to the Lessee Business.
(c) The easements, licenses and such other uses in connection with rights of use granted to Lessee pursuant to Sections 6.7, 6.8, 6.9 and this Section 6.10 and otherwise pursuant to this Land Lease (collectively, “Licenses”) shall expire and completely and automatically terminate (without any further action or instrument) upon the natural evolution expiration or sooner termination of Tenantthe Term. In Lessee’s generally permitted use of the Demised Premises (subject Licenses, Lessee shall cooperate with Lessor to Landlordcreate as little interference as practicable with Lessor’s reasonable approval of such other uses)operations on, and (y) Tenant Lessor’s use and enjoyment of, the Property. Lessee shall not exercise cause or permit any Promotional Rights in a manner (as opposed damage or injury to occur to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than that is subject to the Demised Premises Licenses, or any part thereof or person or property located thereon. Lessee shall be solely responsible for any damage caused by Lessee (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights or any officer, director or employee, agent, licensee or invitee thereof) to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with Common Areas and, upon Lessor’s request, shall promptly repair any such damage or promptly pay the foregoing provisionscost of such repair to Lessor, as elected by Lessor.
Appears in 1 contract
Common Areas. Common Areas" will mean all areas, spaces, facilities and equipment (awhether or not located within the Building) During made available by Landlord for the Termcommon and joint use of Landlord, until Tenant and others designated by Landlord using or occupying space in the occurrence Building, including but not limited to, tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Multi-Tenant Occupancy DateBuilding and others designated by Landlord), Tenant shall have the exclusive use drinking fountains and possession other such facilities not part of all space leased or held for lease to tenants, and any such other areas and facilities, if any, as are designated by Landlord from time to time as Common Areas. Common Areas (subject to shall not include the Garage. "Service Corridors" shall mean all applicable provisions of this Master Leaseloading docks, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses loading areas and all Property Document CAM Expensescorridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the maintenance Building (whether or not located within the Building) but to which Tenant and repair obligations pursuant other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) use the Common Areas located wholly within and Service Corridors during the Property term of this Lease for their intended purposes, in such a manner as common with others designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at any time all times under the exclusive control, management and from time to time), operation of the Landlord. Tenant agrees and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, acknowledges that the same shall Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withLandlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the historical practices of Tenant at that Store or that may be conducted acoustical ceiling and any other areas not specifically shown on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use Exhibit A as being part of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsPremises.
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Sources: Lease Agreement (Interliant Inc)
Common Areas. (a) During A. CONTROL OF COMMON AREAS: All parking areas, driveways, entrances and exits thereto, sidewalks, ramps, landscaped areas, exterior stairways, and all other Common Areas and facilities provided by Landlord for the Term, until the occurrence common use of tenants of the Multi-Tenant Occupancy DateBuilding and their agents, Tenant shall have the exclusive use employees and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretioncustomers, shall determine as being compliant with the Legal Requirements and Encumbrances, but at all times be subject to the terms exclusive control and conditions of this Master Lease relating to any conditions, rights or restrictions management of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to operate and maintain the same in such manner as Landlord, in its sole discretion, shall determine from time to time, including without limitation the right to employ all personnel and to make all rules and regulations pertaining to and necessary for the proper operation and maintenance of said Common Areas and the Building as a whole. Tenant shall not use the sidewalks adjacent to the Demised Premises or any area outside the Demised Premises for business purposes without the previous written consent of Landlord. Landlord shall have the exclusive right at any and all times to close any portion of the Common Areas for the purpose of making repairs, changes or additions thereto, provided that such changes do not materially impair Tenant's use of the Premises and are consistent with common areas in first class office buildings in Raleigh NC, and may change the size, area or arrangement of the parking areas or the lighting thereof within or adjacent to the existing areas and may enter into agreements with adjacent owners for cross-easements for parking, ingress or egress.
B. PARKING AREA: Tenant shall have the right to park in the Building parking facilities in common with other tenants in the Building upon such terms and conditions, including the imposition of reasonable parking charges, if the same is established by Landlord at any time during the term of this Lease. Tenant agrees not to overburden the parking facilities and agrees to cooperate with Landlord and other tenants in use of the parking facilities. Landlord reserves the right in its absolute discretion to determine whether the parking facilities are being overburdened and to allocate and assign parking spaces among Tenant and other tenants, and to reconfigure the parking area and modify the existing ingress to and egress from the parking area as Landlord shall deem appropriate. Landlord further shall have the right from time to time to grant Promotional Rights tenants, including Tenant, exclusive rights to certain parking spaces at the parking facilities at the Building. Landlord will provide that it will always maintain parking ratios as required by the zoning code, but in no event less than four parking spaces per 1,000 useable square feet of the Building. If Landlord offers reserved parking to any Third Party Tenantother tenants in the Building, providedof less than 50,000 rsf, that, no such Promotional Rights then Landlord shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance provide Tenant with the foregoing provisionsnot more than five (5) designated parking spaces.
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence The term “Common Area” is defined for all purposes of this Lease as that part of the MultiProject intended for the common use of all tenants, including among other facilities (as such may be applicable to the Project), the ground floor lobby, elevator lobbies and hallways on multi-Tenant Occupancy Datetenant floors, Tenant parking areas, private streets and alleys, landscaping, curbs, loading areas, sidewalks, malls and promenades (enclosed or otherwise), lighting facilities, drinking fountains, meeting rooms, public toilets, the parking garage, 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; (ii) streets and alleys maintained by a public authority; (iii) areas within the Project which may from time to time not be owned by Landlord (unless subject to a cross-access agreement benefiting the area which includes the Premises); and (iv) areas leased to a single-purpose user where access is restricted. In addition, although the roof(s) of the building(s) in the Project is not literally part of the Common Area, it will be deemed to be so included for purposes of: (i) Landlord’s ability to prescribe rules and regulations regarding same; and (ii) its inclusion for purposes of Operating Costs reimbursements. Landlord reserves the right to change from time to time the dimensions and location of the Common Area, as well as the dimensions, identities, locations and types of any buildings, signs or other improvements in the Project. For example, and without limiting the generality of the immediately preceding sentence, Landlord may from time to time substitute for any parking area other areas reasonably accessible to the tenants of the Building or Project, as applicable, which areas may be elevated, surface or underground. Notwithstanding the foregoing, Landlord agrees that it will not make changes to or close any portion of the Common Areas if, in any instance, the use and occupancy of the Premises and access to the Building or the Project by Tenant, its employees, agents, contractors, or invitees is materially limited or unreasonably interfered with as a direct result of such reconfiguration, changes or closing. Tenant, and its employees and customers, and when duly authorized pursuant to the provisions of this Lease, its subtenants, licensees and concessionaires, shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas Area (excluding roof(s)) as constituted from time to time, such use to be in common with Landlord, and their respective Related Users (including all of other tenants in the same Persons with respect to the Recapture Space and Additional Recapture Space)Building and/or Project, for the sole purposes of access, ingress, egress, loading and unloadingas applicable, and parkingother persons permitted by the Landlord to use the same, and subject to the provisions rights of this Master Leasegovernmental authorities, all Encumbranceseasements, other restrictions of record, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord’s ability to establish rules and regulations governing all tenants aspects of the Property with respect to the manner of the exercise of such Promotional Rights; providedCommon Area, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (agrees as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.follows:
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence The term “Common Area” is defined for all purposes of this Lease as that part of the MultiProject and/or Complex intended for the common use of all tenants, including among other facilities (as such may be applicable to the Complex), the lobby of the Building, elevator lobbies (if any), parking areas, private streets and alleys, landscaping, curbs, loading areas, sidewalks, malls and promenades (enclosed or otherwise), 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; (ii) streets and alleys maintained by a public authority; (iii) areas within the Complex which may from time to time not be owned by Landlord (unless subject to a cross-Tenant Occupancy Dateaccess agreement benefiting the area which includes the Premises); and (iv) areas leased to a single-purpose user where access is restricted. In addition, Tenant although the roof(s) of the building(s) in the Complex is not literally part of the Common Area, it will be deemed to be so included for purposes of: (i) Landlord’s ability to prescribe rules and regulations regarding same; and (ii) its inclusion for purposes of Operating Costs reimbursements. Subject to the limitations set forth below, Landlord reserves the right to change from time to time the dimensions and location of the Common Area, as well as the dimensions, identities, locations and types of any buildings, signs or other improvements in the Complex. For example, and without limiting the generality of the immediately preceding sentence, Landlord may from time OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 5 to time substitute for any parking area other areas reasonably accessible to the tenants of the Building or Complex, as applicable, which areas may be elevated, surface or underground. Notwithstanding the foregoing or any other provision contained herein to the contrary, Landlord acknowledges and agrees that it shall have no right to alter the dimensions or location of the Common Area in any manner which would have a material adverse affect upon Tenant’s business operations. Tenant, and its employees and customers, and when duly authorized pursuant to the provisions of this Lease, its subtenants, licensees and concessionaires, shall have the non-exclusive right to use and possession free of all Common Areas charge (subject except as set forth to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintainedcontrary in Exhibit C regarding Operating Costs) the Common Areas located wholly within the Property in Area (excluding roof(s)) as constituted from time to time, such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject use to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas be in common with Landlord, other tenants in the Building and/or Complex, as applicable, and their respective Related Users (including all of other persons reasonably permitted by the Landlord to use the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloadingwithout overburdening such Common Area, and parking, subject to the provisions rights of this Master Leasegovernmental authorities, all Encumbranceseasements, other restrictions of record, and such reasonable non-discriminatory rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord’s ability to establish reasonable non-discriminatory rules and regulations governing all applicable Legal Requirements and Insurance Requirements. Tenant’s use aspects of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. FurthermoreArea, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, agrees as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.follows:
Appears in 1 contract
Common Areas. (a) During In addition to the Term, until the occurrence use and occupation of the Multi-Tenant Occupancy DatePremises, Tenant and Tenant’s agents, employees, customers and invitees shall also have the non-exclusive use, in common with others entitled thereto from time to time, of all areas within the exterior boundaries of the Center, as shown in Exhibit A attached hereto, which have not been reserved for the exclusive use of a tenant of the Center, Landlord or their agents, employees, customers and possession invitees, as the same shall exist from time to time, including but not limited to the parking areas, service roads, loading facilities, service corridors, sidewalks and such other common facilities as may be designated from time to time by Landlord at the Center (all of which, hereafter, are the “Common Areas”). Tenant’s use of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but is subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all such rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and as Landlord may prescribe from time to time). Landlord expressly reserves the right to change the layout or facilities of the Center, and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation right to add to or subtract from the shape or size of specific areas within Landlord’s premises the Common Areas, and to alter the location, kind and quantity of facilities included in the Common Areas. The condemnation or other taking, or sale in reasonable proximity thereto in which automobiles owned by lieu of condemnation, of any or all of such Common Areas shall not constitute an interference with Tenant’s Related Users non-exclusive use. Landlord shall be parked and make no changes or additions to accommodate the reasonable requests and requirements Common Area or Center which change the nature of Landlord and Landlordthe Center to something other than a first class retail/commercial Center or which materially adversely affect (a) Tenant’s Related Usersuse of the Premises or (b) Tenant’s ingress to or egress from the Premises or the parking areas serving the same, provided, or that the same shall not (c) materially increase Tenant’s obligations under the Lease or (d) materially decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable Lease. The rules and regulations applicable to all tenants of for the Property Center shall not be established, changed, revised or enforced in any unreasonable way by Landlord or enforced by Landlord in a way that unreasonably interferes with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlordor which materially increases Tenant’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to obligations or decreases Tenant’s rights under the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsLease.
Appears in 1 contract
Common Areas. (a) During The term Common Areas means all areas and facilities that are provided and designated from time to time by Landlord for the Termgeneral non-exclusive use and convenience of Tenant with other tenants and which are not leased or held for the exclusive use of a particular tenant. Common Areas may, until but do not necessarily include, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, utility corridors, covered or uncovered mall areas, parking areas and garages, roadways, pedestrian sidewalks, landscaped areas, security areas and lobby. Tenant shall comply with reasonable rules and regulations concerning the occurrence use of the Multi-common areas adopted by Landlord from time to time. Without advance notice to Tenant Occupancy Dateand without any liability to Tenant, Landlord may change the size, use, or nature of any common area, erect improvements on the Common Areas or convert any portion of the Common Areas to the exclusive use of Landlord or selected tenants, so long as Tenant is not thereby deprived of the substantial benefit of the Premises and Landlord does not reduce the number of parking stalls or materially reduce the visibility or access to the Premises. Landlord reserves the use of exterior walls, roof, and airspace of the Building, and the right to install, maintain, use, repair and replace pipes, ducts, conduits, and wires in the Building, including leading through the Premises, in areas which will not Premises. Tenant shall have the non-exclusive use right in common with Landlord and possession of all Common Areas (subject such other tenants, to all applicable provisions of this Master Leasewhom Landlord has granted or may grant such rights, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, Areas. Tenant shall abide by the reasonable and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all non-discriminatory rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and adopted by Landlord from time to time)time and of which it has given Tenant notice, and the reasonableshall use its best efforts to cause its employees, nondiscriminatory contractors, and invitees to comply with those rules and regulations promulgated by Landlord in its discretion from time to timeregulations, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use of Common Areas by others. Notwithstanding the foregoing, in the event of a conflict between any such rule or enjoyment regulation and the terms of this Lease, the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or terms of this Lease shall prevail. Landlord shall maintain the Common Areas by Landlordin good order, its other tenants, authorized users condition and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)repair. Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights This maintenance cost shall be exercisable in a manner that would reasonably be expected an Operating Cost chargeable to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith Tenant pursuant to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsSection 9.
Appears in 1 contract
Sources: Building Triple Net Lease
Common Areas. (a) During the Term, until the occurrence The use and occupation by Tenant of the Multi-Tenant Occupancy Date, Tenant Premises shall have include a right to the exclusive use in common with others entitled thereto of the common areas and possession of all Common Areas (subject other facilities as may be designated from time to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as time by Landlord, in its reasonable discretionsubject, shall determine as being compliant with the Legal Requirements and Encumbranceshowever, but subject to the terms and conditions of this Master Lease relating Lease. All common areas and facilities not within the Premises, which Tenant may be permitted to use and occupy pursuant to this paragraph, are to be used and occupied under a revocable license. If the measure of such areas is diminished by Landlord, Landlord shall not be subject to any conditionsliability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such diminution of such areas be deemed constructive or actual eviction.
(b) Landlord shall at all times during the term of this Lease have the following rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space common area and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.facilities:
(ii1) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right from time to grant Promotional Rights time to alter and modify the common areas and other facilities as it deems desirable in its sole discretion;
(2) Landlord may discontinue the existence of the common area subject to the requirements of laws and ordinances applicable thereto;
(3) Landlord may uniformly promulgate and enforce such rules and regulations relating to the use of the common areas and other facilities as Landlord deems necessary or desirable. Landlord shall exercise the foregoing rights in such a manner as to minimize the interference with Tenant's beneficial enjoyment of the premises.
(c) Notwithstanding anything to the contrary, during the term of this Lease, Landlord shall at all times operate and maintain the restrooms adjacent to the Premises (as depicted in the attached Exhibit B) and Tenant shall have continuous right of access and use of such restrooms. Landlord represents, warrants and covenants that such restrooms, including any Third Party Tenantimprovements made by Landlord, provided, that, no such Promotional Rights shall be exercisable in compliance with all laws and regulations, and built in a good and workmanlike manner that would reasonably with good materials, and the equipment and Landlord services serving such restrooms shall be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsworking order.
Appears in 1 contract
Sources: Lease Agreement (Cellular Technical Services Co Inc)
Common Areas. (a) During the Term, until the occurrence So long as Tenant is leasing all of the Multi-Tenant Occupancy Datespace in the Building, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingentire Premises, subject to the provisions of this Master Lease and subject to the rights of access of Landlord under this Lease. If, however, Tenant exercises any of its “give back rights” under this Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by then Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) reasonably designate “Common Areas”, which shall mean all areas, space, facilities, equipment and signs made available by Landlord in the Building or on the Property for the common and joint use and benefit of Tenant and other tenants and permittees of Landlord, and their respective employees, agents, subtenants, concessionaires, licensees, customers, and other invitees, and may include the sidewalks, parking areas, driveways, yard area, landscaped areas, lobbies, restrooms, stairs, ramps, elevators, exits and/or service corridors, to utilize portions the extent not contained within any area exclusively appropriated for the use of the any occupant. If Common Areas for outdoor eventsare designated by Landlord, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) then Landlord also reserves the right to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s impose reasonable rules and regulations applicable relating to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject Common Areas; to Landlord’s reasonable approval of such construct, maintain and operate lighting and other uses)facilities, equipment and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature signs on all of the use) that would reasonably be expected Common Areas; and to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed close temporarily all or any portion of the Property other than Common Areas for the Demised Premises purpose of making repairs or changes thereto. If Common Areas are designated by Landlord, Tenant is hereby given a license (“Third Party Tenant”). in common with all others to whom Landlord has or may hereafter grant rights) to use, during the Lease Term, the Common Areas as they may now or at any time during the Lease Term exist; provided, however, that if the size, location or arrangement of such Common Areas or the type of facilities at any time forming a part thereof are changed or diminished, Landlord shall have the right to grant Promotional Rights not be subject to any Third Party Tenantliability therefor, providednor shall Tenant be entitled to any compensa-tion or diminution or abatement of Rent therefor, that, no nor shall such Promotional Rights shall change or diminution of such areas be exercisable in deemed a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord constructive or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsactual eviction.
Appears in 1 contract
Sources: Office Lease (Express Scripts Inc)
Common Areas. (a) During Landlord hereby grants to Tenant a non-exclusive license to use, in common with all others to whom Landlord has or may hereafter grant such license, the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Leaseas hereinafter defined) located on Landlord's Property. "Common Areas" means the parking areas, Legal Requirements and Encumbrances) and shall be solely responsible thereforroadways, including all maintenance and repairs relating theretopedestrian sidewalks, and shall pay all CAM Expenses delivery areas, landscaped areas and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (other areas or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as improvements designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including for the designation common use of specific areas within the tenants or occupants of Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users 's Property. Tenant shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about keep the Common Areas free and clear of litter, trash and debris resulting from or attributable to Tenant's operation from the Demised Premises which would interfere with and shall cause its employees to park only in the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions portion of the Common Areas specifically designated by Landlord for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events parking. Parking shall not be permitted on Landlord's Property for more than twenty-four (including charity walks); 24) consecutive hours or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject on any public or private street adjacent to Landlord’s reasonable rules and regulations applicable to all tenants 's Property. Tenant shall not obstruct, interfere with or impede the use of the Property Common Areas. Landlord reserves the right, with respect to the manner of Common Areas and Landlord's Property, to (a) establish rules and regulations for the exercise of such Promotional Rightsuse thereof; provided, that (xb) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed temporarily close all or any portion thereof as Landlord deems necessary to prevent the dedication thereof or the accrual of any rights to any person or to the public therein; (c) increase, diminish, change or reconfigure the layout of the Property Common Areas and to rent portions thereof; (d) install, place upon or affix to the roof over the Premises and the exterior walls of the Premises, such equipment, signs, displays, antennas and other than the Demised Premises objects or structures of any kind as Landlord may desire; and (“Third Party Tenant”)e) increase, decrease, reconfigure and/or add to Landlord's Property. Landlord shall have maintain the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights Common Areas in good condition and repair and reasonably clear of snow and debris. Nothing herein contained shall be exercisable in a manner that would reasonably construed as requiring Landlord to remove any debris, ice or snow from the sidewalks adjoining the Premises, which shall be expected to have a material adverse impact on the responsibility of Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Sources: Lease (U-Store-It Trust)
Common Areas. The “Common Areas” (aas initially constructed or as the same may at any time thereafter be constituted by Landlord) During shall mean all areas, space, facilities, equipment and signs made available by Landlord in the Term, until Building or on the occurrence of Property for the Multi-Tenant Occupancy Date, Tenant shall have the exclusive common and joint use and possession benefit of all Common Areas (subject to all applicable provisions Tenant and other tenants and permittees of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of employees, agents, subtenants, concessionaires, licensees, customers, and other invitees, and may include the same Persons with respect sidewalks, parking areas, driveways, yard area, landscaped areas, lobbies, restrooms, stairs, ramps, elevators, exits and/or service corridors, to the Recapture Space and Additional Recapture Space), extent not contained within any area exclusively appropriated for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of any occupant. Landlord hereby expressly reserves the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (includingright, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), to reasonably determine the nature and extent of the Common Areas, and to make such changes in the reasonable, nondiscriminatory rules Common Areas and regulations promulgated by Landlord in its discretion thereto from time to time, including the designation of specific areas within Landlord’s premises size and/or shape or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions both of the Common Areas for outdoor eventsand the location and relocation of entrances, activitiesexits, showslandscaped areas and all other facilities constituting Common Areas. In addition, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) Landlord also reserves the right to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s impose reasonable rules and regulations applicable relating to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject Common Areas; to Landlord’s reasonable approval of such construct, maintain and operate lighting and other uses)facilities, equipment and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature signs on all of the use) that would reasonably be expected Common Areas; and to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed close temporarily all or any portion of the Property other than Common Areas for the Demised Premises purpose of making repairs or changes thereto. Tenant is hereby given a license (“Third Party Tenant”). in common with all others to whom Landlord has or may hereafter grant rights) to use, during the Lease Term, as may be extended, the Common Areas as they may now or at any time during the Lease Term exist; provided, however, that if the size, location or arrangement of such Common Areas or the type of facilities at any time forming a part of such Common Areas are changed or diminished, Landlord shall not be subject to any liability therefor, nor shall Tenant be entitled to any compensation or diminution or abatement of Rent therefor, and subject to the last sentence in this section, nor shall such change or diminution of such areas be deemed a constructive or actual eviction. Notwithstanding the foregoing, at no time shall Landlord have the any right to grant Promotional Rights a.) reduce in number or relocate off the Property any of the parking spaces allocable to Tenant unless Landlord provides reasonable substitute parking (i.e. comparable location, access and number of parking spaces), provided, however, Section 9.E, rather than this paragraph, governs Landlord’s right to provide substitute parking on a temporary basis following a casualty event, and/or b.) disturb or modify or interrupt Tenant’s right to use, maintain, and operate Tenant’s back-up power generator or any Third Party antennas then installed by Tenant, provided, thathowever, no such Promotional Rights the parties shall be exercisable in a manner that would reasonably be expected work together to have a material adverse minimize any impact on Tenant, Landlord Tenant if it becomes necessary to affect such equipment in connection with construction or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall maintenance work cooperatively and or in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsan emergency.
Appears in 1 contract
Sources: Full Service Lease Agreement (Time Warner Telecom Inc)
Common Areas. (a) During the TermTenant, until the occurrence of the Multi-Tenant Occupancy Date, Tenant its employees and invitees shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas as constituted for general use of occupants of the Building from time to time (except for mechanical rooms and janitorial closets), such use to be in common with Landlord, and their respective Related Users (including all other tenants of the same Persons with respect to the Recapture Space Project and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading other persons and unloading, and parking, subject to the provisions of Rules and Regulations set forth in Exhibit D attached hereto and by this Master Leasereference made a part hereof, all Encumbrances, as such Rules and all applicable Legal Requirements and Insurance RequirementsRegulations may be amended from time to time provided such amendments are nondiscriminatory in nature. Tenant’s use of the Common Areas shall be subject Subject to all rules and regulations t he limitations set forth in the applicable Encumbrances (includingnext sentence, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and Landlord reserves the right from time to time)time to undertake any or all of the activities described below, and provided such reservation of rights shall not: (i) materially affect Tenant's use or enjoyment of or access to the reasonablePremises, nondiscriminatory rules and regulations promulgated by the Parking Garage or Tenant's other rights under this Lease, or increase the amount of Rentable Area in the Premises; (ii) increase Tenant's Rent or proportionate share of Expenses; (iii) reduce the number of Tenant's parking privileges set forth herein; or (iv) materially, adversely affect any signage rights of Tenant expressly granted to Tenant in this Lease or the visibility of Tenant's Premises from the interior of the Building. In connection therewith, Landlord in its discretion reserves the following rights: to add to, or subtract from, or change from time to time, including the designation dimensions and location of specific the Common Areas, it being understood that Landlord may, at its option, add any areas located within Landlord’s premises or the Block to the Common Areas; to create any additional improvements in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use to alter or enjoyment of the premises demised under the Leases or remove any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or improvements in the Common Areas Areas; to convert areas previously designated by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, Landlord as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions part of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales to an area leased to one or more tenants or to designate previously leased space as part of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) the Common Areas provided equitable adjustments are made to utilize the lighting standards and other areas Rentable Area in the parking lot for advertising purposes ((A) Building and (B) collectively, the “Promotional Rights”), subject Rentable Area in the Premises; to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect make alterations or additions to the manner of Building and to any other buildings or improvements within the exercise of Project; to operate and/or maintain such Promotional RightsCommon Areas in conjunction with other parties; providedand to construct, that (x) Tenant’s Promotional Rights shall includeor permit others to construct, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, other buildings or improvements within the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Project. Landlord shall have is not obligated to construct or provide for Tenant any improvements outside the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable Building except as otherwise provided in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsthis Lease.
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and possession of all Common Areas (subject to all applicable provisions the rules and regulations referred to in Article 5 of this Master Lease, Legal Requirements those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and Encumbrances) and shall be solely responsible thereforany other tenants of the Project (such areas, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and together with such other portions of the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Project designated by Landlord, in its reasonable discretion, shall determine 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 being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the "COMMON AREAS"). The Common Areas located wholly within shall consist of the Property"Project Common Areas" and the "Building Common Areas". The term "PROJECT COMMON AREAS", further subject to Tenant’s obligations as used in Section 10.1(c). Tenant this Lease, shall have a nonexclusive right and license to use mean the Common Areas in common with portion of the Project designated as such by Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (includingmay include, without limitation, any rights of any parties (including Landlord) to reconfigure fixtures, systems, signs, facilities, parking areas, gardens, parks or alter such Common Areasother landscaping contained, at any time and from time to time)maintained or used in connection with the Project, and may include any city sidewalks adjacent to the reasonableProject, nondiscriminatory rules pedestrian walkway system, whether above or below-grade, park or other facilities open to the general public and regulations promulgated by Landlord roadways, sidewalks, walkways, parkways, driveways and landscape areas appurtenant to the Project. The location of the Project Common Areas as of the date of this Lease is shown on Exhibit B attached hereto. The term "BUILDING COMMON AREAS", as used in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about shall mean the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilitieslocated within the Building designated as such by Landlord, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall may include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops)the common entrances, lobbies, atrium areas, restrooms, elevators, stairways and such other uses accessways, loading docks, ramps, drives, platforms, passageways, serviceways, common pipes, conduits, wires, equipment, loading and unloading areas, parking facilities and trash areas servicing the Building. The manner in connection with which the natural evolution Common Areas are maintained and operated shall be at the sole discretion of Tenant’s generally permitted use of Landlord, provided that, notwithstanding the Demised Premises (subject to Landlord’s reasonable approval of such other uses)foregoing, and (y) Tenant Landlord shall not exercise any Promotional Rights maintain the Common Areas in a manner (as opposed to consistent with other class "A" properties in the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsarea.
Appears in 1 contract
Sources: Office Lease (Capstone Turbine Corp)
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the non-exclusive right to use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within with other tenants in the Property in such a manner Building, subject to the Rules and Regulations. As used herein, the term “Common Areas” shall include, but not be limited to, the common entrances, lobbies, automobile parking spaces, restrooms, elevators, stairways and access ways, loading docks, ramps, drives and platforms, passage ways and service ways, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas appurtenant to the Building. Landlord hereby reserves the right from time to time to make any changes to the Building and Common Areas as Landlord, in its reasonable discretionsole and absolute discretion may deem appropriate, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights the withdrawal and direct lease of any parties (portion of the Common Areas and the relocation of driveways, entrances, exits, corridors and/or automobile parking spaces, the direction and flow of traffic, installation of prohibited areas, landscaped areas, and all other facilities thereof. Nothing contained herein shall be deemed to create any liability upon Landlord for any injury to or death of persons or for damage to or destruction of property, including without limitation, for any damage to motor vehicles of Tenant, its customers or employees, or for loss of property from within such motor vehicles unless caused by the sole active negligence of Landlord) to reconfigure , its agents, servants, or alter such employees; it being understood that any person’s use of the parking facilities or Common Areas, Areas shall be at their sole risk. Landlord shall at all times during the Lease Term have sole and exclusive control of the Common Areas and may at any time and from time to time), time exclude and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion restrain any person from time to time, including the designation of specific areas within Landlord’s premises use or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users occupancy thereof. Tenant shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about keep the Common Areas free and clear from any obstructions created or the Demised Premises which would interfere with the permitted by Tenant or resulting from Tenant’s use or enjoyment of the premises demised under Premises. If, in the Leases or any Recapture Space (or any adjacent shopping centeropinion of Landlord, shopping mall or third-party owner’s property, as the case may be), or unauthorized persons are using the Common Areas by reason of the presence of Tenant in the Premises, Tenant shall at Tenant’s sole cost, risk and expense, promptly upon demand by Landlord, its other tenants, authorized users and assigns, correct such situation by action or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesproceeding against all such unauthorized persons.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Sources: Lease Agreement (Rentech Inc /Co/)
Common Areas. (a) During the Term, until the occurrence The term “Common Area” is defined for all purposes of this Lease as that part of the MultiBuilding or Complex, as applicable, intended for the common use of all tenants, including among other facilities (as such may be applicable to the Building or Complex, as applicable), the ground floor lobby, elevator lobbies and hallways on multi-Tenant Occupancy Datetenant floors, Tenant parking areas, private streets and alleys of the Building or Complex, as applicable, landscaping, curbs, loading areas, sidewalks, malls and promenades (enclosed or otherwise), lighting facilities, drinking fountains, meeting rooms, public toilets, the parking garage, 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; (ii) streets and alleys not maintained by Landlord; (iii) areas within the Building or Complex, as applicable, which may from time to time not be owned by Landlord (unless subject to a cross-access agreement recorded in the public records and benefiting the area which includes the Premises); and (iv) areas leased to a single-purpose user where access is restricted. In addition, although the roof(s) of the Building or buildings in the Complex are not literally part of the Common Area, they will be deemed to be so included for purposes of: (i) Landlord’s ability to prescribe rules and regulations regarding same; and (ii) its inclusion for purposes of Operating Costs reimbursements. Landlord reserves the right to change from time to time, the dimensions and location of the Common Area, as well as the dimensions, identities, locations and types of any buildings, signs or other improvements in the Project, so as long as Tenant’s Proportionate Share is not increased. For example, and without limiting the generality of the immediately preceding sentence, Landlord may from time to time substitute for any parking area other areas reasonably accessible to the tenants of the Building or Complex, as applicable, which areas may be elevated, surface or underground. Tenant, and its employees and customers, and when duly authorized pursuant to the provisions of this Lease, its subtenants, licensees and concessionaires, shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas Area (excluding the roof(s)) as constituted from time to time, such use to be in common with Landlord, and their respective Related Users (including all of other tenants in the same Persons with respect to the Recapture Space and Additional Recapture Space)Building or Complex, for the sole purposes of access, ingress, egress, loading and unloadingas applicable, and parkingother persons permitted by the Landlord to use the same, and subject to the provisions rights of this Master Leasegovernmental authorities, all Encumbranceseasements and other restrictions of record, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable governing use as Landlord may from time to time prescribe. Without limiting the generality of Landlord’s ability to establish rules and regulations governing all tenants aspects of the Property with respect to the manner of the exercise of such Promotional Rights; providedCommon Area, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (agrees as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.follows:
Appears in 1 contract
Sources: Office Lease Agreement (Cross Country Healthcare Inc)
Common Areas. “Common Areas” will mean all areas, spaces, facilities and equipment (awhether or not located within the Building) During made available by Landlord for the Termcommon and joint use of Landlord, until Tenant and others designated by Landlord using or occupying space in the occurrence Building, including but not limited to, tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Multi-Tenant Occupancy DateBuilding and others designated by Landlord), Tenant shall have the exclusive use drinking fountains and possession of all any such other areas and facilities, if any, as are designated by Landlord from time to time as Common Areas. Common Areas (subject to shall not include the Garage. “Service Corridors” shall mean all applicable provisions of this Master Leaseloading docks, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses loading areas and all Property Document CAM Expensescorridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. “Service Areas” will refer to areas, spaces, facilities and equipment serving the maintenance Building (whether or not located within the Building) but to which Tenant and repair obligations pursuant other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) use the Common Areas located wholly within and Service Corridors during the Property term of this Lease for their intended purposes, in such a manner as common with others designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at any time all times under the exclusive control, management and from time to time), operation of the Landlord. Tenant agrees and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, acknowledges that the same shall Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withLandlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the historical practices of Tenant at that Store or that may be conducted acoustical ceiling and any other areas not specifically shown on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use Exhibit A as being part of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsPremises.
Appears in 1 contract
Common Areas. (a) During A. Tenant agrees that the Termuse of all corridors, until passageways, elevators, toilet rooms, parking areas and landscaped area in and around said Building, by the occurrence Tenant or Tenant's employees, visitors or invitees, shall be subject to such reasonable rules and regulations as may from time to time be made by Landlord for the safety, comfort and convenience of the Multi-owners, occupants, tenants and invitees of said Building and of which Tenant Occupancy Datehas received written notice, except to the extent any of the same conflict with the terms and provisions of this Lease. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned.
B. In addition to the Premises, Tenant shall have the right of non- exclusive use use, in common with others, of (a) all unrestricted automobile parking areas, driveways and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating theretowalkways, and shall pay all CAM Expenses (b) loading facilities, freight elevators and all Property Document CAM Expensesother facilities as may be constructed in the Building, and (c) public restrooms cafeteria, hallways, the maintenance lobby, elevators, sidewalks, hallways, stairways, common entrances and repair obligations pursuant to Section 10.1.
(i) From other similar public areas and after the Multi-Tenant Occupancy Dateaccess ways, Landlord shall operate and maintain (or cause all to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked Agreement and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable for the use thereof as prescribed from time to all tenants time by Landlord and of which Tenant has received written notice, except to the extent any of the Property same conflict with respect to the manner terms and provisions of this Lease.
C. Provided that none of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights same shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection unreasonably interfere with the natural evolution conduct of Tenant’s generally permitted use 's business or unreasonably increase the amount of the Demised Premises Operating Expenses or Real Estate Taxes that Tenant would otherwise owe: (subject to Landlord’s reasonable approval of such other uses), and (ya) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights make changes or revisions in the site plan and in the Building so as to provide additional leasing area, (b) Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such purposes as Landlord may deem appropriate, (c) subject to Tenant's rights in respect of the Tenant Improvements, Landlord also reserves all airspace rights above, below and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas.
D. Landlord and Tenant agree that Landlord will not be responsible for any Third Party Tenantloss, providedtheft or damage to vehicles, thator the contents thereof, no parked or left in the parking areas of the Building and Tenant agrees to so advise its employees, visitors or invitees who may use such Promotional Rights parking areas. The parking areas shall include those areas designated by Landlord, in its sole discretion, as either restricted or unrestricted parking areas. Any restricted parking area shall be exercisable leased only by separate license agreement with Landlord. Landlord agrees to provide Tenant unassigned parking spaces pursuant to the license agreement in a manner that would reasonably the form of Exhibit C, and assigned parking spaces pursuant to the license agreement in the form of Exhibit C-l. The parking spaces being made available to Tenant pursuant to this Paragraph shall be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate made available at the exercise commencement of the Promotional Rights Term and through January 1, 2000 and continuing thereafter during the balance of the Term and Renewal Terms, but only to the extent Tenant continues the initial number of parking spaces continuously. If Tenant should cease one or more such parking spaces after January 1, 2000, then Landlord shall not and does not guaranty that Tenant shall be entitled to subsequently have such parking spaces available to it, provided that Landlord agrees to make such parking spaces available to Tenant again if the same become available.
E. Landlord shall finalize reinstallation of carpeting in accordance common areas within the Building with due diligence after major construction of tenant areas (including the foregoing provisionsPremises) has been finalized.
Appears in 1 contract
Common Areas. (a) During Subject to Article 6 of this Lease, Landlord shall make available at all times during the TermTerm of this Lease, until such automobile parking and other common areas within the occurrence exterior boundaries of the Multi-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. Except as otherwise set forth in the Lease, Tenant Occupancy Dateacknowledges 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 beyond all applicable notice and cure periods, Tenant shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all other tenants of the same Persons Building the common areas and facilities included in the Building together with respect to the Recapture Space such easements for ingress and Additional Recapture Space), egress as are necessary for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use and occupancy of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesPremises.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject A. Subject to the terms and conditions of this Master the Lease relating and such rules and regulations as Lessor may from time to any conditionstime impose in writing, rights Lessee and Lessee's employees, agents, invites, customers and contractors shall, in common with Lessor and the occupants of the Center and their respective employees, agents, invites, customers and contractors and others entitled to the use thereof have the right to use the access roads and parking areas located on the Land (unless such parking areas are specifically designated by Lessor for use by a particular tenant) and those facilities provided and designated by Lessor for the general use and convenience of the tenants of the Center, which roads, areas and facilities as they may from time to time exist are referred to herein as "Common Areas". Lessor reserves the right from time to time to increase or restrictions decrease the number of Landlord’s roads, areas and Landlord’s Related Users in facilities comprising the Common Areas located wholly within and to make changes in the Propertyshape, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right size, location and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s extent thereof provided that such changes will not affect Lessee's use of the Leased Premises in a materially adverse manner.
▇. ▇▇▇▇▇▇ shall, throughout the term of this Lease, including any extensions and renewals thereof, operate, manage and maintain all Common Areas within the Center. The manner in which such areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), maintained and the reasonable, nondiscriminatory rules amount and regulations promulgated by Landlord in its discretion from time nature of the expenditures to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users be made for such maintenance shall be parked and to accommodate determined at the reasonable requests and requirements sole discretion of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesLessor.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users ▇. ▇▇▇▇▇▇ shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed close all or any portion of the Property Common Areas to the extent as may be legally sufficient to prevent a dedication thereof or the accrual of rights of any person or the public therein, provided, however, that Lessor shall restrict the period of any such closing to the minimum time necessary under applicable law to prevent such dedication and accrual of rights.
D. Lessee shall not at any time park or permit the parking of Lessee's trucks or other than vehicles, or the Demised Premises (“Third Party Tenant”)trucks or other vehicles of Lessee's suppliers or any others, adjacent to loading areas so as to interfere in any way with the use of such areas by other tenants, nor shall Lessee at any time permit the parking of Lessee's trucks, or the trucks of Lessee's suppliers, or others in any portion of the parking lot not designated by Lessor for such use by Lessee.
E. Lessee shall not at any time operate, nor shall it permit its employees, agents, invites, customers or contractors to operate any truck or other vehicle in such manner as to directly or indirectly damage any portion of the Center, including damage to the Center caused by excessive wear and tear of the improved portions of the Common Areas.
▇. Landlord shall have ▇▇▇▇▇▇ reserves the right to grant Promotional Rights promulgate such reasonable rules and regulations relating to any Third Party Tenantthe use of the Common Areas, providedand part or parts thereof, that, no such Promotional Rights as Lessor may deem appropriate. The rules and regulations shall be exercisable binding upon Lessee seven (7) days after delivery of a copy thereof to Lessee, and Lessee agrees to abide by such rules and regulations and to cooperate in their observance. The rules and regulations may be amended by Lessor from time to time, with or without advance notice to Lessee, and all amendments shall be effective seven (7) days after delivery of a manner that would reasonably be expected copy thereof to Lessee. Any such changes shall not have a material adverse impact effect on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionslessee's operations.
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Common Areas. 8.1. Subject to Landlord’s rights in this Section VIII during the Term, Landlord shall make available from time to time in the Shopping Center such Common Areas as Landlord shall deem appropriate. “Common Areas” shall mean all areas and improvements now or hereafter existing, made available by Landlord for the common and joint use of Landlord, Tenant and other tenants and occupants of the Shopping Center, and their respective employees, agents, customers and invitees, which may include if provided, but shall not be limited to driveways, footways, parking areas, walkways and all other areas in the Shopping Center now or hereafter constructed to be used in common by the tenants and/or customers of the Shopping Center. All Common Areas shall at all times be subject to such rules and regulations as Landlord may from time to time prescribe and Landlord shall at all times have full and exclusive control, management and direction of said Common Areas. Landlord further shall have the right (but shall not be obligated) (a) During to police the TermCommon Areas; (b) to restrict parking by tenants, until the occurrence their officers, agents and employees; (c) to designate employee parking areas; (d) to establish and enforce parking charges, with appropriate provisions for free-parking ticket validation by tenants; (e) to close temporarily all or any portion of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within or any parts thereof, including the Property parking areas or facilities for the purpose of maintenance, repairs, and/or construction; (f) to discourage non-customer parking; and (g) to do and perform such other acts in and to such a manner areas as Landlord, in the use of its reasonable discretionbusiness judgment, shall determine to be advisable. Landlord further shall have the right, without materially, adversely affecting access to or the use or accessibility of the Premises or without materially, adversely affecting the character of the Shopping Center as being compliant with such exists on the Legal Requirements Lease Commencement Date, in its sole discretion, at all times, and Encumbrancesfrom time to time throughout the Term, but subject to the terms and conditions of this Master Lease relating to without incurring any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject liability to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license , including but not limited to use the Common Areas in common with Landlordloss of sales, and their respective Related Users without it constituting an eviction to: (including all i) change the area, appearance, size, level, layout, location, and/or arrangement of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances Shopping Center or any part thereof (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas and the entrances to and exits from the Common Areas); (ii) construct other buildings, structures or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or improvements in the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas elsewhere in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store Shopping Center (including, without limitation, outdoor garden and/or patio shopsconstruction of kiosks in the Common Areas), and make alterations and additions thereto, or rearrangements thereof, demolish parts thereof, build additional stories on any building in the Shopping Center (and for such other uses purposes to construct and erect columns and support facilities in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other usesany building), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed construct additional buildings or facilities adjoining or proximate to the nature Shopping Center; (iii) expand, reduce, or alter the parking areas in any manner whatsoever including, without limitation, the construction of multiple-deck, elevated, or underground parking facilities; (iv) relocate or rearrange the various buildings, parking areas, and other parts of the useShopping Center; (v) that would reasonably be expected make changes and additions to have a material adverse impact on Landlord the pipes, conduits, and ducts or any third party tenant other structural and nonstructural installations in the Premises where desirable to whom Landlord has leased serve the Common Areas and other premises in the Shopping Center or licensed all to facilitate the expansion or any portion alteration of the Property other than Shopping Center (including, without limitation, the Demised Premises construction and erection of columns and support facilities); and (“Third Party Tenant”). Landlord shall have vi) add additional real property to the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsShopping Center.
Appears in 1 contract
Common Areas. (a) During 4.01 The “Common Area” is the Term, until the occurrence part of the Multi-Shopping Center designated by Owner from time to time for the common use of all tenants, including among other facilities, parking areas, sidewalks, landscaping, curbs, loading areas, private streets and alleys, lighting facilities, hallways, malls, restrooms, and other areas and improvements provided by Owner for the common use of all tenants, all of which shall be subject to Owner’s sole management and control and shall be operated and maintained in such manner as Owner, in its discretion, shall determine. Owner reserves the right to change from time to time the size, dimensions, and location of the Common Area, as well as the size, dimensions, location, identity, and type of any buildings that are a part of the Shopping Center, and to construct additional buildings or additional stories on existing buildings, or other improvements in the Shopping Center, and to eliminate buildings that are currently part of the Shopping Center. Tenant Occupancy Dateand its employees, Tenant customers, subtenants, licensees, and concessionaires shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion Area as constituted from time to time, such use to be in common with Owner, other tenants of the Shopping Center, and other persons permitted by Owner to use the same, and subject to such rules and regulations governing use as Owner may from time to time prescribe, including the designation of but not limited to, specific areas within Landlord’s premises the Shopping Center or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees subtenants, licensees, and concessionaires shall be parked. Owner shall have at all times the right to change such rules and regulations or to promulgate other rules and regulations in such manner as may be deemed advisable for safety, care of cleanliness of the Shopping Center and for preservation of good order therein, all of such rules and regulations, changes and amendments will be forwarded to Tenant and shall be carried out and observed by Tenant. Tenant shall further be responsible for the compliance with such rules and regulations by the employees, servants, agents, visitors, and invitees of Tenant. Owner may close any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions part of the Common Areas for outdoor eventsArea as may be necessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations.
4.02 Nothing in this Article shall or elsewhere in this Lease shall be construed as constituting the Common Area, activitiesor any part thereof, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants as any part of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsLeased Premises.
Appears in 1 contract
Sources: Shopping Center Lease Agreement (Third Coast Bancshares, Inc.)
Common Areas. (a) During Tenant and its employees, agents, invitees and licensees are also granted the Termright, until in common with others, to the occurrence non-exclusive use of such of the Multi-Tenant Occupancy Dateareas as are from time to time designated by Landlord as “Common Areas” within the Shopping Center, Tenant shall have subject to the exclusive use control and possession management thereof at all times by Landlord and the exclusive rights of all certain tenants and/or other occupants of the Shopping Center in and to portions of such areas. The Common Areas (subject shall include the facilities in the Shopping Center which are designated for the general use, in common, of the occupants of the Shopping Center, and to all applicable provisions of this Master Leasethe extent the same are provided, Legal Requirements and Encumbrances) and shall be solely responsible thereforthe parking areas, including all sidewalks, roadways, loading platforms, restrooms, ramps, maintenance and repairs relating theretomechanical areas, management offices, promotion offices, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, landscaped areas. Landlord shall will operate and maintain (or will cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use maintained the Common Areas in common with Landlord, a manner deemed by Landlord to be reasonable and their respective Related Users (including all appropriate and in the best interests of the same Persons Shipping Center. Landlord will have the right (i) establish, modify and enforce reasonable rules and regulations with respect to the Recapture Space Common Areas; (ii) enter into, modify and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading terminate easements and unloading, and parking, subject other agreements pertaining to the provisions of this Master Lease, all Encumbrances, use and all applicable Legal Requirements and Insurance Requirements. Tenant’s use maintenance of the Common Areas shall be subject to and any portions thereof; (iii) close any or all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor eventsto such extent as may, activitiesin the opinion of Landlord, showsbe necessary to prevent a dedication thereof or the accrual of any rights by an person or by the public therein; (iv) close temporarily and or all portions of the Common Areas; (v) change the number and location of buildings, displaysbuilding dimensions, temporary special promotional eventsnumber of floors in any of the buildings, including sales from temporary facilitiesstore dimensions, driveways, Common Areas, the identity and type of other stores and tenants, provided only that the size of the Premises (as herein defined), reasonable access to the Premises and the parking facilities to be provided shall not be materially impaired, and including carnivals, automobile (vi) do and boat shows perform such other acts in and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of Common Areas and improvements therein as, in the exercise of such Promotional Rights; providedgood business judgment, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right determine to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsadvisable.
Appears in 1 contract
Sources: Lease Agreement (Dgse Companies Inc)
Common Areas. (a) During the TermTenant, until the occurrence of the Multi-Tenant Occupancy Date, Tenant its employees and invitees shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas as constituted for general use of occupants of the Building from time to time (except for mechanical rooms, janitorial closets and other areas intended for systems maintenance and not for access by tenants or the general public), such use to be in common with Landlord, and their respective Related Users (including all other tenants of the same Persons with respect to the Recapture Space Project and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading other persons and unloading, and parking, subject to the provisions of Rules and Regulations set forth in Exhibit D attached hereto and by this Master Leasereference made a part hereof, all Encumbrances, as such Rules and all applicable Legal Requirements and Insurance RequirementsRegulations may be amended from time to time provided such amendments are nondiscriminatory in nature. Tenant’s use of Subject to the Common Areas shall be subject to all rules and regulations limitations set forth in the applicable Encumbrances (includingnext sentence, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and Landlord reserves the right from time to timetime to undertake any or all of the activities described below, provided such reservation of rights shall not: (i) materially affect Tenant’s use or enjoyment of or access to the Premises, the Parking Area or Tenant’s other rights under this Lease, or increase the amount of Rentable Area in the Premises; (ii) increase Tenant’s Rent; or (iii) reduce the number of Tenant’s parking privileges set forth herein (but the Landlord may grant reserved parking spaces to one or more tenants). In connection therewith, and Landlord reserves the reasonablefollowing rights: to add to, nondiscriminatory rules and regulations promulgated by Landlord in its discretion or subtract from, or change from time to time, including the designation dimensions and location of specific the Common Areas, it being understood that Landlord may, at its option, add areas within Landlord’s premises to or remove areas from the Common Areas; to create any additional improvements in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use to alter or enjoyment of the premises demised under the Leases or remove any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or improvements in the Common Areas Areas; to convert areas previously designated by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, Landlord as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions part of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales to an area leased to one or more tenants or to designate previously leased space other than the Premises as part of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) the Common Areas provided equitable adjustments are made to utilize the lighting standards and other areas Rentable Area in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject Building; to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect make alterations or additions to the manner of Building and to any other buildings or improvements within the exercise of Project; to operate and/or maintain such Promotional RightsCommon Areas in conjunction with other parties; providedto construct, that (x) Tenant’s Promotional Rights shall includeor permit others to construct, other buildings or improvements within the Project; and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted permit special use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses)Common Areas, and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)including temporary exclusive use for special occasions. Landlord shall have is not obligated to construct or provide for Tenant any improvements outside the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable Building except as otherwise expressly provided in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsthis Lease.
Appears in 1 contract
Sources: Lease Agreement (Chelsea Therapeutics International, Ltd.)