Common use of Common Areas Clause in Contracts

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 loss, theft or damage to vehicles, or the contents thereof, 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 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.

Appears in 3 contracts

Sources: Lease Agreement, Standard Office Lease Agreement (Virtual Radiologic CORP), Standard Office Lease Agreement (Virtual Radiologic CORP)

Common Areas. A. Tenant agrees 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 use of all corridorsbuilding set aside for leasing to tenants or reserved for Landlord’s exclusive use, passagewaysincluding parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, toilet roomscommon entrances, parking lobbies, restrooms and other similar public areas and landscaped areas access ways including such automobile parking lot facilities in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such rules and regulations Building and/or the Office Complex as Landlord may designate from time to time be made by Landlord for the safety(“Common Areas”), comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees provided 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to make changes or revisions 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 site plan vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the 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 action that would permanently reduce the available parking 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 vicinity of the Premises, including Building or permanently impair Tenant’s ingress and egress to and from the right Building. Tenant shall not unreasonably interfere with the rights of others to make changesuse the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or provide additional leasing areas. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, 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 parking areas. The parking areas shall include those areas designated construction by Landlord, and (y) be accomplished in its sole discretionsuch a manner to allow minimal interference with Tenant’s access to, as either restricted or unrestricted and parking areas. Subject on, the Common Areas to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage extent practicable in light of vehiclesthe then-current situation.

Appears in 3 contracts

Sources: Office Lease (Medquist Inc), Office Lease (CBaySystems Holdings LTD), Office Lease (CBaySystems Holdings LTD)

Common Areas. A. Tenant agrees As used in this LEASE, COMMON AREAS shall mean all areas within the SHOPPING CENTER (whether owned by LANDLORD or any other owner affiliated with LANDLORD of any portion of the 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 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 the SHOPPING CENTER from the remaining portion thereof) and LANDLORD shall not change, or permit others to 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 LEASE, including (without limitation) the provisions of this Section, but rather LANDLORD shall use its best efforts to enforce all legal 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 reasonable efforts to avoid any adverse effect on the visibility of, access to, or use of the PREMISES by TENANT and its invitees. LANDLORD 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 all corridorsvehicle parking spaces, passagewaysthe maintenance of asphalt, elevatorsconcrete, toilet roomslandscaping or other areas without structures, parking areas and landscaped areas in and around said Buildingfuture development, by the Tenant utility services, security, vehicular or Tenantpedestrian access or egress, signage, drainage, advertising 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 use of the ownersPREMISES, occupantsthe COMMON AREAS or the SHOPPING CENTER. LANDLORD shall operate the SHOPPING CENTER as an integrated retail center and shall adopt and enforce reasonable, tenants and invitees of said Building. Tenant agrees 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable discriminatory rules and regulations for governing the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 PremisesCOMMON AREA of the SHOPPING CENTER, including the right to make changes, alterations or provide additional leasing parking areas. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, 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 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.

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. A. The use and occupation by Tenant agrees that of the Premises shall include the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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, in common with othersothers entitled thereto of the common areas, of (a) all unrestricted automobile parking areas, driveways and walkwaysservice roads, and (b) loading facilities, freight elevators sidewalks, and other facilities as may be constructed in the Buildingdesignated from time to time by Landlord, all to be subject subject, however, to the terms and conditions of this Lease Agreement agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. . All common areas described above shall at all times be subject to the exclusive control and management of Landlord, and Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to all facilities and areas mentioned in this Article. Landlord shall have the right to make changes or revisions in construct, maintain, and operate lighting facilities on all such areas and improvements; to police same; from time to time to change the site plan area, level, location 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 arrangement of parking areas and other facilities hereinabove referred to; and to all sides restrict parking by tenants, their officers, agents, and employees to employee parking areas. If Landlord ever assigns non-covered parking spaces to other tenants, Tenant will be assigned a fair number of parking spaces at no charge. The number of parking spaces assigned to Tenant will be determined by looking at the rentable area of the Premises versus the rentable area let by the other tenants. All common areas and facilities not within the Premises, including which Tenant may be permitted to use and occupy, are to be used and occupied under a revocable license, and if the right to make changesamount of such areas be diminished, alterations or provide additional leasing areas. D. Landlord and Tenant agree that Landlord will shall not be responsible for subject to liability nor shall Tenant be entitled to any losscompensation or diminution or abatement of rent, theft nor shall such diminution of such areas be deemed constructive or damage to vehicles, or the contents thereof, 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 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehiclesactual eviction.

Appears in 2 contracts

Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)

Common Areas. A. Tenant agrees that For purposes of this Lease “Common Areas” shall mean all areas, improvements, space, equipment and special services in or at the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such rules and regulations as may from time to time be made Complex provided by Landlord for the safetycommon or joint use and benefit of tenants, comfort customers, and convenience of 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 ownersComplex, occupantsmaintenance buildings, tenants utility buildings, maintenance and invitees of said Building. Tenant agrees that no awningsutility rooms and closets, curtainshallways, drapes lobbies, elevators and their housing and rooms, common window areas, walls and ceilings in Common Areas, and trash or shades shall be used upon the Premises except as may be approved by Landlordrubbish areas. B. In addition to the PremisesProvided no event of default under this Lease in respect of Tenant has occurred and is continuing, Tenant shall have the right of non-exclusive be entitled to use, in common with othersothers entitled thereto, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities the Common Areas as may be constructed in the Buildingdesignated from time to time by Landlord, all to be subject however to the terms and conditions of this Lease Agreement and to reasonable the rules and regulations for the use thereof as may be prescribed from time to time by Landlord. If the size or configuration of the Common Areas is diminished or altered, and as long as such diminution or alteration does not materially adversely affect access to the Building, the Premises or the Tenant’s Parking Spaces, Landlord shall not be liable to Tenant therefor, nor shall Tenant be entitled to any compensation or diminution or abatement of Rent, nor shall such diminution or 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 any alteration or reduction of the Common Areas that is beyond the reasonable control of Landlord, nor shall Tenant be entitled to any compensation or diminution or abatement of Rent as a result thereof, nor shall such diminution or alteration of the Common Areas be considered a constructive or actual eviction. C. Landlord shall have agrees to cause the right to make changes or revisions in main water valve and other components of the site plan water-based fire protection and in fire alarm systems for the Building so as to provide additional leasing area. Landlord shall also have be inspected not less frequently than required by the right City of Richmond Fire ▇▇▇▇▇▇▇▇, to construct additional buildings on the land described on Exhibit A-2 for perform any repairs and make any replacements recommended during such purposes as Landlord may deem appropriate. Landlord also reserves all airspace rights above, below inspections and to comply with the provisions of NFPA 25 and 72 (Standards for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems and National Fire Alarm Code, respectively) promulgated by the National Fire Protection Association and all sides of the Premises, including the right to make changes, alterations or provide additional leasing areassuccessors codes and standards. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, 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 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.

Appears in 2 contracts

Sources: Deed of Lease (Xenith Bankshares, Inc.), Deed of Lease (Xenith Bankshares, Inc.)

Common Areas. A. Landlord shall at all times have exclusive control and management of the Common Areas and Facilities of Bellevue Place. Tenant agrees that shall have the nonexclusive right in common with others to use the public areas of all corridorsthe Bank of America Building and the Common Areas and Facilities of Bellevue Place, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such nondiscriminatory rules and regulations as Landlord may adopt from time to time governing the 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 right to any person or to the public therein. Tenant shall comply with the rules and regulations that Landlord and the owner or ground lessee of Bellevue Place may from time to time be made by Landlord for the safety, comfort promulgate and/or modify regarding use and convenience operation of the owners, occupants, tenants Common Areas of the Bank of America Building and invitees Common Areas and Facilities of said BuildingBellevue Place. Tenant agrees 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable The rules and regulations shall be binding upon Tenant upon delivery of a copy thereof to Tenant. Landlord shall not be responsible to Tenant for the use thereof as prescribed nonperformance of such rules and regulations by any other tenants or occupants of space in either Bellevue Place or the Bank of America Building. The term “Common Areas and Facilities of Bellevue Place” refers to all on and off-site areas and/or related facilities which are made available or are used from time to time by Landlord. C. Landlord shall have for the right to make changes or revisions in the site plan general use, convenience 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 loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Building unless due to the negligence or willful misconduct benefit of Landlord and Tenant agrees other persons entitled to so advise its occupy space in Bellevue Place, including their employees, visitors 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 invitees who planted areas, pedestrian areas, lobbies, walkways, the 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 use such parking not 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 maintenance of Bellevue Place, including, but not limited to janitorial closets, on and/or off-site management offices and maintenance areas. The parking areas shall include those areas designated by Landlord, in its sole discretion, as either restricted or unrestricted parking areas. Subject term “Common Areas and Facilities of the Bank of America Building” refers to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage Common Areas and Facilities of vehiclesBellevue Place located within the Bank of America Building.

Appears in 2 contracts

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

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas area in and around said Building, by the Tenant or Tenant’s '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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 loss, theft or damage to vehicles, or the contents thereof, 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 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 Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.

Appears in 2 contracts

Sources: Lease Agreement (Health Fitness Physical Therapy Inc), Lease Agreement (Health Fitness Physical Therapy Inc)

Common Areas. A. Landlord hereby grants to Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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 a non-exclusive license to use, in common with othersall others to whom Landlord has or may hereafter grant such license, the Common Areas (as hereinafter defined) located on Landlord’s Property. “Common Areas” means the parking areas, roadways, pedestrian sidewalks, delivery areas, landscaped areas and all other areas or improvements designated by Landlord, from time to time, for the common use of the tenants or occupants of Landlord’s Property. Tenant shall keep the Common Areas free and clear of litter, trash and debris resulting from or attributable to Tenant’s operation from the Premises and shall cause its employees to park only in the portion of the Common Areas specifically designated by Landlord for parking. Parking shall not be permitted on Landlord’s Property for more than twenty-four (24) consecutive hours or on any public or private street adjacent to Landlord’s Property. Tenant shall not obstruct, interfere with or impede the use of the Common Areas. Landlord reserves the right, with respect to the Common Areas and Landlord’s Property, to (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable establish rules and regulations for the use thereof; (b) temporarily close all or any portion thereof as prescribed from time Landlord deems necessary to time by Landlord. C. Landlord shall have prevent the right dedication thereof or the accrual of any rights to make changes any person or revisions in to the site plan and in public therein; (c) increase, diminish, change or reconfigure the Building so as to provide additional leasing area. Landlord shall also have layout of 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 Common Areas and to all sides rent portions thereof; (d) install, place upon or affix to the roof over the Premises and the exterior walls of the Premises, including such equipment, signs, displays, antennas and other objects or structures of any kind as Landlord may desire; and (e) increase, decrease, reconfigure and/or add to Landlord’s Property. Landlord shall maintain the right to make changes, alterations or provide additional leasing areas. D. Landlord Common Areas in good condition and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas repair and reasonably clear of the Building unless due to the negligence or willful misconduct of Landlord snow and Tenant agrees to so advise its employees, visitors or invitees who may use such parking areasdebris. 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 Nothing herein contained shall be leased only by separate license agreement with Landlord. Tenant further agrees not construed as requiring Landlord to use remove any debris, ice or permit its employeessnow from the sidewalks adjoining the Premises, visitors or invitees to use which shall be the parking areas for overnight storage responsibility of vehiclesTenant.

Appears in 2 contracts

Sources: Lease (U-Store-It Trust), Lease (U-Store-It Trust)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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 non‑exclusive use, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 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 loss, theft or damage to vehicles, or the contents thereof, 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 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 Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.

Appears in 2 contracts

Sources: Lease Agreement (Mathstar Inc), Standard Office Lease Agreement (Mathstar Inc)

Common Areas. A. Tenant agrees that shall have the right to use, in common with other tenants, Landlord and others to whom rights are now or hereinafter granted by Landlord, the Property and the Building’s common walkways, driveways and parking areas (“Common Areas”). Tenant’s use of the Common Areas including the parking shall be on an unreserved, non-exclusive basis and solely for Tenant’s employees and visitors. Tenant’s right to use the parking in the Common Areas shall be limited as follows: Tenant shall have the right at all corridors, passageways, elevators, toilet rooms, times to use the parking areas labeled Area A, B, and landscaped areas D on the attached Exhibit B. Tenant shall have the right to use the parking area labeled Area C at all times, with the exception that in no event shall Tenant, its employees and around said Buildingvisitors use the parking area labeled Area C from 7:00 PM to 10:00 PM. Further, by the 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 a part of the owners, occupants, tenants and invitees of said Building. Tenant agrees 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 Premisesthis Lease, Tenant shall have the right of non-exclusive use, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 loss, theft or damage to vehicles, or the contents thereof, 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 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas on the Additional Property for overnight storage 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 parking rights of vehiclesTenant hereunder are impaired by any law, ordinance or other governmental regulation imposed after the Effective Date, provided, however, that if any such parking impairment materially affects Tenant’s ability to reasonably operate its business, Base Rent and Additional Rent shall be 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 material reduction in the number of parking spaces available to 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 may at any time and in any manner make any changes, additions, improvements, repairs or replacements to the Common Areas that it considers desirable, provided that Landlord shall give Tenant prior written notice of such repairs and shall use reasonable efforts to minimize interference with Tenant’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. Tenant agrees that the use of The term “Common Areas” is defined as all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in facilities outside the Premises and around said Building, within the exterior boundary line of the Building Complex that are provided and designated by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such rules and regulations as may Landlord from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees 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 general non-exclusive use of Landlord, Tenant and other tenants of the Building Complex and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, utility rooms, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common with othersothers entitled to such use, of (a) all unrestricted automobile parking areasthe Common Areas as they exist from time to time, driveways and walkwayssubject to any rights, powers, and (b) loading facilitiesprivileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein granted to use the Common Areas be deemed to include the right to store any property, freight elevators and other facilities as temporarily or permanently, in the Common Areas. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord’s designated agent, which consent may be constructed revoked at any time. In the event that any unauthorized storage shall occur, then Landlord shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove the Buildingproperty and charge the cost to Tenant, all which cost shall be immediately payable upon demand by Landlord. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas and shall have the right, from time to be subject time, to the terms establish, modify, amend and conditions of this Lease Agreement and to enforce reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. with respect thereto. Landlord shall have the right right, in Landlord’s sole discretion, from time to time: (i) to make changes or revisions to the Common Areas, including, without limitation, changes in the site plan location, size, shape and in the Building so as number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) 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 close temporarily any of the Premises, including Common Areas for maintenance purposes so long as reasonable access to the right Premises remains available; (iii) to make changes, alterations or provide additional leasing areas. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or designate other land outside the contents thereof, parked or left in the parking areas boundaries of the Building unless due Complex to be a part of the Common Areas; (iv) to add additional building and improvements to the negligence or willful misconduct of Landlord and Tenant agrees to so advise its employees, visitors or invitees who may use such 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees Common Areas; (v) to use the parking areas for overnight storage Common Areas while engaged in making additional improvements, repairs or alterations to the Building Complex, or any portion thereof; and (vi) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Building Complex as Landlord may, in the exercise of vehiclessound business judgment deem to be appropriate.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Applied Films Corp), Single Tenant Lease (Applied Films Corp)

Common Areas. A. Tenant agrees that shall have the non-exclusive right to use of all corridorsthe Common Areas with other tenants in the Building, passagewayssubject 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, toilet roomsstairways and access ways, parking areas 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 in and around said appurtenant to the Building, by . Landlord hereby reserves the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such rules and regulations as may right from time to time to make any changes to the Building and Common Areas as Landlord, in its sole and absolute discretion may deem appropriate, including, without limitation, the withdrawal and direct lease of any 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 made by 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 safetysole active negligence of Landlord, comfort and convenience its agents, servants, or employees; it being understood that any person’s use of the owners, occupants, tenants parking facilities or Common Areas shall be at their sole risk. Landlord shall at all times during the Lease Term have sole and invitees exclusive control of said Buildingthe Common Areas and may at any time and from time to time exclude and restrain any person from use or occupancy thereof. Tenant agrees that no awningsshall keep the Common Areas free and clear from any obstructions created or permitted by Tenant or resulting from Tenant’s use of the Premises. If, curtainsin the opinion of Landlord, drapes or shades shall be used upon unauthorized persons are using the Premises except as may be approved Common Areas by Landlord. B. In addition to reason of the presence of Tenant in the Premises, Tenant shall have the right of non-exclusive useat Tenant’s sole cost, in common with othersrisk and expense, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 loss, theft or damage to vehicles, or the contents thereof, 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 parking areas. The parking areas shall include those areas designated promptly upon demand by Landlord, in its sole discretion, as either restricted correct such situation by action or unrestricted parking areas. Subject to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehiclesproceeding against all such unauthorized persons.

Appears in 1 contract

Sources: Lease Agreement (Rentech Inc /Co/)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas area in and around said Building, by the Tenant or Tenant’s '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 owners, occupants, tenants and invitees of said Building. 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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. 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, provided the same do not interfere with Tenant's operations on or from the Premises. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, 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 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.

Appears in 1 contract

Sources: Lease Agreement (Eschelon Telecom Inc)

Common Areas. A. Tenant agrees that Landlord reserves the use of all corridorsright to change, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 time, the 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 safetyPremises. Landlord reserves the right to change, comfort from time to time, the dimensions and convenience location of the ownersCommon Area and to allow the Common Area to be put to such uses, occupantsas Landlord shall, tenants from time to time, deem desirable, provided that Tenant’s use and invitees of said Building. Tenant agrees that no awningsenjoyment of, curtains, drapes or shades shall be used upon access to and parking for the Premises except as may be approved by Landlord. B. In addition and/or the Common Areas is not materially adversely affected thereby for an unreasonable period of time and during such time Tenant has an alternate means of access to the Premises, . Tenant and its employees and customers shall have the nonexclusive right of non-exclusive use, to use the Common Area in common with othersLandlord, other tenants of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators the Property and other facilities as may be constructed in the Buildingpersons designated by Landlord, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the governing use thereof as prescribed that Landlord from time to time by Landlord. C. prescribes. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Area, or take any action, which would interfere with the rights of other persons to use the Common Area. Landlord shall have may temporarily close any part of the Common Area to make repairs or alterations. Tenant acknowledges that Landlord may be required to grant to major tenants of the Property the right to make changes or revisions in the site plan display and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings sell merchandise and services 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 portions of the PremisesCommon Area, including and the right rights herein granted to make changes, alterations or provide additional leasing areas. D. Landlord 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 agree that Landlord will not shall be responsible for and shall indemnify and hold Landlord harmless from any lossliability, theft loss or damage to vehiclesarising out of or caused by Tenant, or the contents thereof, 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 subtenants, licensees, concessionaires, agents, suppliers, vendors, or invitees who may use service contractors, to any part of the Common Area, or to the Property whether such parking areas. The parking areas shall include those areas designated by Landlord, in its sole discretion, as either restricted damages be structural or unrestricted parking areas. Subject to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehiclesnonstructural.

Appears in 1 contract

Sources: Lease Agreement (Liposcience Inc)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 loss, theft or damage to vehicles, or the contents thereof, 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 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 Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.

Appears in 1 contract

Sources: Lease Agreement (Health Fitness Corp /MN/)

Common Areas. A. Tenant agrees that the use of The term "Common Areas" is defined as all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in facilities outside the Premises and around said Building, excluding Rentable Area of the Building leased to other tenants and within the exterior boundary line of the Building Complex and interior utility raceways within the Premises that are provided and designated by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such rules and regulations as may Landlord from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees 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 general non-exclusive use of Landlord, Tenant and other tenants of the Building Complex and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Term of this Lease the non-exclusive right to use, in common with othersothers entitled to such use, of (a) all unrestricted automobile parking areasthe Common Areas as they exist from time to time, driveways and walkwayssubject to any rights, powers, and (b) loading facilitiesprivileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Building Complex. Under no circumstances shall the right therein granted to use the Common Areas be deemed to include the right to store any property, freight elevators and other facilities as temporarily or permanently, in the Common Areas. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be constructed revoked at any time. In the event that any unauthorized storage shall occur, then Landlord shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove the Buildingproperty and charge the cost to Tenant, all which cost shall be immediately payable upon demand by Landlord. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the Common Areas and shall have the right, from time to be subject time, to the terms establish, modify, amend and conditions of this Lease Agreement and to enforce reasonable rules and regulations for the use thereof as prescribed from time with respect thereto subject to time by Landlord. C. any limitations thereon specifically set forth herein. Landlord shall have the right right, in Landlord's sole discretion, from time to time: (i) to make changes or revisions to the Common Areas, including, without limitation, changes in the site plan location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways and utility raceways so long as access to the Premises remains available and such modifications do not contravene any specific requirement contained in the Building so as this Lease; (ii) 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 close temporarily any of the Premises, including Common Areas for maintenance purposes so long as reasonable access to the right Premises remains available; (iii) to make changes, alterations or provide additional leasing areas. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or designate other land outside the contents thereof, parked or left in the parking areas boundaries of the Building unless due Complex to be a part of the Common Areas; (iv) to add additional buildings and improvements to the negligence or willful misconduct of Landlord and Tenant agrees to so advise its employees, visitors or invitees who may use such 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees Common Areas; (v) to use the parking areas Common Areas while engaged in making additional improvements, repairs or alterations to the Building Complex, or any portion thereof as long as access to the Premises remains available; (vi) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Building Complex as Landlord may, in the exercise of sound business judgment deem to be appropriate so long as such acts or modifications do not contravene any specific requirement contained in the Lease and access to the Premises remains available; and (vii) use the Common Areas for overnight storage of vehiclesmarketing purposes.

Appears in 1 contract

Sources: Lease (Frontier Airlines Inc /Co/)

Common Areas. A. Tenant agrees that Landlord shall make available “Common Areas” in the use of all corridorsBuilding and on the Land on which the Demised Premises are situated. The Common Areas shall include (if applicable), passagewaysbut not be limited to, common entrance foyers, lobbies, elevators, toilet roomsstairwells, corridors, restrooms, chases, meter rooms and utility rooms in the Building and parking areas, loading areas, driveways, sidewalks, landscaped areas, green areas, grounds, plazas and picnic areas on the Land. Landlord grants to Tenant and landscaped areas in and around said Building, by the Tenant or to Tenant’s employeesPermittees, visitors or inviteesduring 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 Common Areas. Tenant shall comply with and cause its Permittees to comply with said rules and regulations. Landlord shall operate, manage, repair, replace, and maintain in good condition the Common Areas for their intended purposes, all in such manner as the Landlord, in its reasonable discretion, shall determine. All Common Areas shall be subject to such rules and regulations as may from time to time be made by the exclusive control of Landlord. Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees 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 sole right and exclusive authority to employ and discharge all personnel with respect thereto; to close temporarily all or any portion of non-exclusive usethe Common Areas for the purpose of making repairs, changes or alterations thereto; to perform necessary maintenance in common connection with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement any emergency; and to reasonable rules and regulations maintain security for the use thereof as prescribed from time to time Common Areas if deemed necessary by Landlord. C. . Landlord shall have the right to make changes or revisions in (but not 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 loss, theft or damage to vehicles, or the contents thereof, 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 parking areas. The parking areas shall include those areas designated by Landlordobligation), in its sole discretion, as either restricted or unrestricted parking areas. Subject to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use reserve the parking areas area immediately in front of, at the rear of and/or adjacent to a particular premises for overnight storage the exclusive use of vehiclesthat tenant who leases such premises, provided that such reservations of parking spaces do not give one tenant a disproportionate share of the parking provided for the Building.

Appears in 1 contract

Sources: Lease Agreement (Senseonics Holdings, Inc.)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord; provided, however, Landlord hereby approves all awnings, curtains, drapes or shades currently located on the Premises. B. In addition to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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. In exercising its rights under this Article 14 C, Landlord shall not materially alter Tenant’s access or visibility to the Premises. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, 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 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 Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehiclesvehicles except on an occasional basis when special circumstances so required.

Appears in 1 contract

Sources: Standard Office Lease Agreement (Corvu Corp)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas area in and around said Building, by the Tenant or Tenant’s '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 owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by the Landlord. B. In addition to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 loss, theft or damage to vehicles, or the contents thereof, 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 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 Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.

Appears in 1 contract

Sources: Standard Office Lease Agreement (Clark/Bardes Holdings Inc)

Common Areas. A. Tenant agrees that DEFINITION Section 14.01 See Addendum All areas within the exterior boundaries of 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 all corridors, passageways, elevators, toilet roomsthe foregoing, parking areas and 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 any tenant, and other areas in and around said Building, improvements provided by Landlord for the Tenant or Tenant’s employees, visitors or common use of Landlord and tenants and their respective employees and invitees, shall be deemed "common areas." Landlord may make changes at any time and from time to 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 generality of the foregoing, Landlord may add additional department stores, retail store buildings and 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 from time to time to use such areas, subject to such reasonable rules and regulations relating to 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 common areas in such manner as Landlord may in its sole discretion determine to be made by appropriate. Landlord may temporarily close any common area for repairs or alterations, to prevent a dedication thereof or the safety, comfort and convenience accrual of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes prescriptive rights therein or shades shall be used upon the Premises except as may be approved for any other reason deemed sufficient by Landlord. B. In addition to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 loss, theft or damage to vehicles, or the contents thereof, 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 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.

Appears in 1 contract

Sources: Lease Agreement (St John Knits Inc)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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 to use, in common with othersother tenants, the Building’s common lobbies, corridors, stairways, and elevators necessary for access to the Premises, and the common walkways and driveways necessary for access to the Building, the common toilets, corridors and elevator lobbies of any multi-tenant floor, the Building 3 garage and surface parking areas for the Property (aexcluding the Building 4 garage) all unrestricted automobile parking areas, driveways and walkways(“Common Areas”), and (b) loading facilities, freight elevators with prior authorization of Landlord and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed requirements established from time to time by Landlord. C. Landlord shall have ) the right to make changes or revisions loading dock located 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 3 on the land described on Exhibit A-2 for such purposes as Landlord may deem appropriateProperty. Landlord also reserves all airspace rights above, below and to all sides Tenant’s use of the Premisesdesignated Building parking areas shall be based on 4.5 spaces per 1,000 square feet of the Premises and shall be on an unreserved, non-exclusive basis for use by Tenant’s employees and visitors, subject to the requirements established from time to time by Landlord, including the right of Landlord to make changes, alterations designate or provide additional leasing areas. D. change the parking area(s) to be used by Tenant. Tenant may request up to twenty (20) covered parking spaces in the Building 3 garage to be designated as reserved parking for specific Tenant employees. Landlord and Tenant agree that Landlord will shall not be responsible for liable to Tenant, and this Lease shall not be affected, if any lossparking rights of Tenant hereunder are impaired by any law, theft ordinance or damage other governmental regulation imposed after the Date of Lease. If Landlord grants to vehiclesany other tenant the exclusive right to use any particular parking spaces, or the contents thereof, parked or left in the parking areas neither Tenant nor its visitors shall use such spaces. Use of the Building unless due to Common Areas shall be only upon the negligence or willful misconduct of Landlord and Tenant agrees to so advise its employees, visitors or invitees who may use such parking areas. The parking areas shall include those areas designated reasonable terms set forth at any time by Landlord, including designating certain parking spaces for each Building or for special purposes, such as car pooling. Landlord may at any time and in its sole discretionany manner make any changes, as either restricted additions, improvements, repairs or unrestricted parking areas. Subject replacements to Article 36 hereofthe Common Areas that it considers desirable, any restricted parking areas provided that Landlord shall be leased only by separate license agreement use reasonable efforts to minimize interference with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehiclesTenant’s normal activities.

Appears in 1 contract

Sources: Stock Purchase Agreement (Sun Life Financial Inc)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas area in and around said Building, by the Tenant or Tenant’s '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 owners, occupants, tenants and invitees of said Building. 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 have; the right of non-exclusive use, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms Terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time tune by Landlord. C. Landlord shall have the right to 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. 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, provided the same do not interfere with Tenant's operations on or from the Premises. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft then or damage to vehicles, or the the: contents thereof, thereto; 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 parking areas. areas The parking areas shall include those areas designated by Landlord, in . In its sole discretion, as either restricted or unrestricted parking areas. Subject to Article 36 hereof, any All restricted parking areas shall be leased only by separate license agreement with Landlord. Landlord agrees to provide Tenant, subject to availability unassigned parking spaces pursuant to license agreements in the form of Exhibit C. The parking spaces being made available to Tenant further agrees pursuant to the paragraph shall be made available at the commencement of the Term 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, the Landlord shall not and does not guaranty that Tenant shall be entitled to use or permit its employees, visitors or invitees subsequently have such parking spaces available to use the parking areas for overnight storage of vehiclesit.

Appears in 1 contract

Sources: Lease Agreement (Eschelon Telecom Inc)

Common Areas. A. Tenant agrees that Throughout the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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 PremisesTerm, Tenant and Tenant's Associates shall have the right of non-exclusive usenonexclusive right, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in to use the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Common Areas. Landlord shall have the right at any time, without Tenant's consent, subject, however, to make changes the provisions of Section 5(j) hereof, (a) to change the arrangement or revisions in location of entrances, passageways, doors, doorways, corridors, stairs or other public portions of the site plan and 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 to any 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, or injury to or interruption of Tenant's business, or otherwise. Notwithstanding anything to the contrary set forth above, in the event Landlord converts any Common Areas to rentable areas so as to provide additional leasing area. Landlord shall also have prevent Tenant from using such Common Areas in accordance with 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 aboveterms of this Lease, 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 loss, theft or damage to vehicles, or the contents thereof, 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 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 Rentable Area shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage increased and Tenant's Proportionate Share shall be reduced accordingly and Tenant's share of vehiclesOperating Expense Increases and Real Estate Tax Increases shall be likewise reduced accordingly.

Appears in 1 contract

Sources: Lease Agreement (Knight Trimark Group Inc)

Common Areas. A. Tenant agrees that During the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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 PremisesTerm, Tenant shall have the right of non-non - exclusive useright, in common with othersLandlord and other tenants and users of the Property, of to use only for their intended purposes the common areas (a) all unrestricted automobile such as driveways, sidewalks, parking areas, driveways loading areas and walkways, and (baccess roads) loading facilities, freight elevators and other facilities as may be constructed in the Building, all Property that are designated by Landlord as common areas and not leased to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations or allocated for the exclusive use thereof as prescribed from time to time by Landlord. C. of another tenant or user of the Property. Landlord shall have the right from time to make changes time to change the size, location, configuration, character or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to use of any such common areas, construct additional buildings improvements or facilities in any such common areas, or close any such common areas so long as any such action does not materially adversely affect Tenant's use of Or access to the Premises or alter or interrupt in any material respect the pedestrian and vehicular access currently provided to Hangar One, Cody Road, or to Macon Road 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 east side of the Premises, including . Tenant shall not interfere with the right to make changes, alterations or provide additional leasing areas. D. rights of Landlord and other tenants or users of the Property to use such common areas. Landlord hereby grants to Tenant agree a non- exclusive easement to use such common areas over the Property, and to install any signage permitted pursuant to section 4.6 below, and such easements shall be granted without consideration from the grantee (pursuant to 40 U.S.C. §1314) and without the termination rights set forth in 14 C.F.R. §1204.503(f)(3)(i)(B) and (D). ▇▇▇▇▇▇▇▇ further agrees that Landlord will not be responsible for reasonably consider any lossrequests made by Tenant to relocate, theft expand or damage to vehicles, or improve the contents thereof, parked or left in the parking areas of the Building unless due pedestrian and/or vehicular access provided to the negligence or willful misconduct of Landlord and Tenant agrees to so advise its employees, visitors or invitees who may use such parking Premises through the common areas. The parking If Landlord approves any request by Tenant to relocate, expand or improve the pedestrian and/or vehicular access provided through the common areas shall include those areas designated to the Premises, such work would be performed by LandlordTenant, in its at Tenant's sole discretioncost and expense, as either restricted or unrestricted parking areas. Subject pursuant to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement with Landlordthe Construction Provisions and Applicable Laws. Tenant further agrees not will enter into a Temporary Construction License with Landlord in order to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehiclesperform such work.

Appears in 1 contract

Sources: Adaptive Reuse Lease

Common Areas. A. 11.1 Landlord agrees to maintain or cause to be maintained during the term of this Lease, all Common Areas within the Shopping Center. The term "Common Areas" as used in this Lease shall include, walkways, delivery areas, landscaped areas, public restrooms, if any, and other areas, facilities and improvements within portions of the Shopping Center not demised to tenants and provided for the convenience and use of tenants of the Shopping Center, their employees, customers and invitees. Tenant agrees that the use of to comply with and observe all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such reasonable rules and regulations as may established by Landlord from time to time be made for Landlord's Parcel and/or by Landlord and other owners of the Shopping Center, for the safetyShopping Center. 11.2 The manner and method of operation, comfort maintenance, service and convenience repair of the ownersCommon Areas and the expenditures therefor, occupantsshall be in the sole and absolute discretion of Landlord. Landlord reserves the right from time to time to make changes in, tenants additions to and invitees deletions from the Common Areas and the purposes to which they are devoted, provided however, that Tenant's share of said Buildingoperating and maintenance costs shall exclude the initial cost of capital improvements that significantly alter the Common Areas. 11.3 Tenant agrees to comply with such reasonable rules, regulations and charges as Landlord may adopt from time to time for the orderly and proper operation of the Common Areas, including, without limitation, the removal, storage and disposal of refuse and rubbish. Tenant understands and agrees that no awnings, curtains, drapes or shades shall be used upon outdoor selling of merchandise is permitted in the Premises Common Areas except as may be approved in connection with occasional center-wide promotions sponsored by Landlord. B. In addition to 11.4 During the Premisesterm of this Lease, Tenant shall have pay to Landlord, as Additional Rent, at the right time and in the manner specified in Paragraph 11.5 below, Tenant's prorate share of non-exclusive use, in common with others, of the following costs (acollectively "operating and maintenance costs"): (i) all unrestricted automobile costs and expenses of every kind and nature paid or incurred by Landlord in operating, policing, protecting, lighting, providing sanitation and sewer and other services to, insuring, repairing, replacing and maintaining the Common Areas of the Shopping Center and (ii) all costs of repairing and insuring all buildings within Landlord's Parcel including, without limitation, costs of painting and cleaning the exterior walls and of replacing the roofs of such buildings. Operating and maintenance costs shall include, but shall not be limited to, the following: water, electricity and guard services; salaries and wages (including employment taxes and so-called "fringe benefits") or maintenance contracts of all persons connected with the regular operation, servicing, repair and maintenance of the Shopping Center; third party property management fees; premiums for liability and Workers' Compensation insurance (which insurance Landlord, at all times during the Lease term, agrees to maintain); the premiums for the insurance Landlord maintains pursuant to Article 15 hereof; real property taxes imposed on the Common Areas; personal property taxes, if any; charges, excises, surcharges, fees or assessments levied by virtue of the parking areasfacilities furnished; costs and expenses of planting, driveways replanting and walkwaysrelandscaping; garbage removal, if any; lighting; utilities; repainting and restriping; fees for equipment rental, any licenses and/or permits required for operation of the Common Areas, or any part thereof. ;gad In the event Landlord manages the Shopping Center, a charge of fifteen percent (15%) of all "operating and maintenance costs" for Landlord's administrative and overhead expenses shall be included in lieu of third party management fees. 11.5 Tenant's prorata share of the "operating and maintenance costs" described in Paragraph 11.4 above shall be an amount equal to the sum of the following: (i) Tenant's share of the operating and maintenance costs relating to the buildings within Landlord's Parcel. Tenant's share of such costs shall be determined by multiplying the aggregate of such costs by a fraction, the numerator of which is the Gross Leasable Area of the Demised Premises, and the denominator of which is the total Gross Leasable Area of all buildings within Landlord's Parcel. (bii) loading facilitiesTenant's share of the operating and maintenance costs relating to the Common Areas of the Shopping Center. Tenant's share of such costs shall be determined by multiplying the aggregate of such costs by a fraction, freight elevators the numerator of which is the Gross Leasable Area of the Demised Premises, and other facilities as may the denominator of which is the total Gross Leasable Area of all buildings within the Shopping Center. If, during any calendar year, the total Gross Leasable Area within Landlord's Parcel shall change, then Tenant's prorate share of the operating and maintenance costs shall be constructed adjusted in accordance with the Buildingformula set forth hereinabove and Landlord, all to be within a reasonable time thereafter, shall estimate Tenant's share of the operating and maintenance costs for the balance of the calendar year. The initial estimate of Tenant's proportionate share, subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed adjustment from time to time to reflect changes in the Gross Leasable Area, is set forth in Paragraph 1(e) 11.6 As Additional Rent, Tenant shall pay Landlord monthly a Common Area charge in an amount estimated by Landlord to be Tenant's share of the "operating and maintenance costs" on the first day of each month, commencing on the Rent Commencement Date and continuing on the first day of each month thereafter during the term hereof. The initial monthly Common Area charge shall be that sum set forth in Paragraph 1(f) above; Landlord may adjust the monthly Common Area charge at the end of each calendar year on the basis of Landlord's anticipated costs for the following calendar year or, as specified hereinabove at Paragraph 11.5, at such time as the total Gross Leasable Area within Landlord's Parcel (or the Shopping Center, if all Common Areas in the Shopping Center are maintained by Landlord) shall change. C. 11.7 Within ninety (90)days after the end of each calendar year, Landlord shall furnish to Tenant a statement showing the total "operating and maintenance costs", Tenant's share of such costs, and the total of the monthly payments made by Tenant to Landlord during the calendar year just ended. Such statement shall be certified by Landlord as being correct. Landlord shall keep good and accurate books and records in accordance with generally accepted accounting principles concerning the operation, maintenance and management of the Common Areas, and Tenant and its agents shall have the right right, upon ten (10) days' notice, to make changes or revisions audit, inspect and copy such books and records. 11.8 If Tenant's share of the "operating and maintenance costs" for the accounting period exceeds the payments made by Tenant, Tenant shall pay Landlord the deficiency within ten (10) days after the receipt of Landlord's statement. Tenant's failure to pay such Additional Rent shall constitute a material breach of this Lease, and Landlord may, without any further notice, exercise its remedies specified in Paragraph 26 hereof. If Tenant's payments made during the site plan accounting period exceed Tenant's prorate share of the "operating and in maintenance costs," Tenant may deduct the Building so as amount of the excess from the estimated payments next due to provide additional leasing area. Landlord or, if no further estimated payments are due to Landlord, Landlord shall also have refund the right to construct additional buildings on excess within a reasonable time after 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 furnishing 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 loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Building unless due to the negligence or willful misconduct aforesaid year end statement by Landlord. The obligations of Landlord and Tenant agrees to so advise its employees, visitors or invitees who may use such parking areas. The parking areas hereunder 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use survive the parking areas for overnight storage termination of vehiclesthis Lease.

Appears in 1 contract

Sources: Retail Lease (MCB Financial Corp)

Common Areas. A. Landlord shall at all times have exclusive control and management of the Common Areas and Facilities of Bellevue Place. Tenant agrees that shall have the nonexclusive right in common with others 32 to use the public areas of all corridorsthe Bank of America Building and the Common Areas and Facilities of Bellevue Place, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such nondiscriminatory rules and regulations as Landlord may adopt from time to time governing the 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 right to any person or to the public therein. Tenant shall comply with the rules and regulations that Landlord and the owner or ground lessee of Bellevue Place may from time to time be made by Landlord for the safety, comfort promulgate and/or modify regarding use and convenience operation of the owners, occupants, tenants Common Areas of the Bank of America Building and invitees Common Areas and Facilities of said BuildingBellevue Place. Tenant agrees 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable The rules and regulations shall be binding upon Tenant upon delivery of a copy thereof to Tenant. Landlord shall not be responsible to Tenant for the use thereof as prescribed nonperformance of such rules and regulations by any other tenants or occupants of space in either Bellevue Place or the Bank of America Building. The term “Common Areas and Facilities of Bellevue Place” refers to all on and off-site areas and/or related facilities which are made available or are used from time to time by Landlord. C. Landlord shall have for the right to make changes or revisions in the site plan general use, convenience 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 loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Building unless due to the negligence or willful misconduct benefit of Landlord and Tenant agrees other persons entitled to so advise its occupy space in Bellevue Place, including their employees, visitors 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 invitees who planted areas, pedestrian areas, lobbies, walkways, the 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 use such parking not 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 maintenance of Bellevue Place, including, but not limited to janitorial closets, on and/or off-site management offices and maintenance areas. The parking areas shall include those areas designated by Landlord, in its sole discretion, as either restricted or unrestricted parking areas. Subject term “Common Areas and Facilities of the Bank of America Building” refers to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage Common Areas and Facilities of vehicles.Bellevue Place located within the Bank of America

Appears in 1 contract

Sources: Office Lease (Smartsheet Inc)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas area in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord; provided, however, Landlord hereby approves all awnings, curtains, drapes or shades currently located on the Premises. B. In addition to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 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. In exercising its rights under this Article 14 C, Landlord shall not materially alter Tenant’s access or visibility to the Premises. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, 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 parking areas. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles except on an occasional basis when special circumstances so require. 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 Any restricted parking areas shall be leased only by separate license agreement with Landlord. Landlord agrees to provide Tenant, at the Commencement Date, up to twenty-two (22) Building basement parking spaces (i.e., Tenant’s prorata share of such parking spaces) pursuant to the parking license agreement in the form of Exhibit C and executed by the parties as of the date hereof. At Tenant’s option, up to one third (1/3) of the basement parking spaces taken by Tenant may be licensed to Tenant on a month-to-month basis. Landlord acknowledges there presently exists approximately 20 parking spaces located near the entrance to the Building under the parking deck which are currently “signed” and/or “painted” as being reserved for Tenant’s exclusive use (the “Lower Deck Designated Parking Spaces”). The parties agree that such Lower Deck Designated Parking Spaces shall be reduced to 10 such spaces and Landlord, at its cost, may remove such signage, painting or other designations of exclusive use (“Reserved Signage”) from the other 10 Lower Deck Designated Parking Spaces. Landlord further agrees not that Tenant shall be entitled to use during the Term of this Lease Agreement the four (4) surface parking stalls currently located outside the Building and having Reserved Signage (the “Surface Stalls”). Tenant agrees that the cost of maintaining the Reserved Signage for the remaining Lower Deck Designated Parking Spaces and the Surface Stalls shall be borne solely by Tenant. Tenant acknowledges and agrees that Landlord shall not be required to tow cars or permit its employees, visitors impose sanctions or invitees to default other tenants for their use of any of the parking areas for overnight storage remaining ten (10) Lower Deck Designated Parking Spaces or of vehiclesthe Surface Stalls.

Appears in 1 contract

Sources: Standard Office Lease Agreement (Analysts International Corp)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition Subject to the Premisesterms and conditions of this Lease and the Project Rules, Tenant shall have the nonexclusive right of non-exclusive useto use the Common Areas (as defined below) during the Term, in common with othersother tenants or occupants of the Project or any real property owned by Landlord adjacent to the Land, the agents, employees, servants, invitees, contractors, guests, customers and representatives of (a) such tenants or occupants, and any other users authorized by Landlord. As used herein, “Common Areas” means those portions of the Building, Land, and all unrestricted automobile parking facilities and improvements thereon designated by Landlord for the nonexclusive use of occupants of the Project and other authorized users, including access roads, the Parking Area, driveways, sidewalks, landscaped areas, driveways entrances, lobbies, halls, passages, exits, entrances, stairways, atriums, corridors, toilets and walkwayslavatories, and (b) loading facilitiespassenger elevators, freight elevators service areas and other facilities as may be constructed in so designated by Landlord. Landlord reserves the Buildingright to charge Tenant for its use of certain portions of the Common Areas, all to including, without limitation, any conference room facilities. Such use shall be subject to the terms and conditions of this Lease Agreement and to such reasonable rules and regulations that Landlord may adopt from time to time. The current charge for use of the use thereof as prescribed Building’s conference room facilities is set forth on Exhibit I hereto; provided, however, that Landlord reserves the right to adjust such charge from time to time by Landlord. C. in accordance with prevailing market rates for such usage. Landlord shall at all times have exclusive control of the Common Areas. Landlord shall have the right right, without the same constituting an actual or constructive eviction and without entitling Tenant to any abatement of rent, to: (i) close or restrict access to and/or use of any part of the Common Areas to whatever extent required in the opinion of Landlord’s counsel to prevent a dedication thereof or the accrual of any prescriptive rights therein; (ii) close or restrict access to and/or use of any part of the Common Areas to perform maintenance or for any other reason deemed sufficient by Landlord, including, without limitation, allowing the use thereof for invitation only public or private functions or gatherings; (iii) change the shape, size, location and extent of the Common Areas; (iv) eliminate from or add to the Project any land or improvement, including multi-deck parking structures; (v) make changes or revisions to the Common Areas including, without limitation, changes in the site plan location of driveways, entrances, passageways, doors and in doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, sidewalks or 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 direction of the Premises, including flow of traffic and the right to make changes, alterations site of the Common Areas; (vi) remove unauthorized persons from the Project; and/or (vii) change the name or provide additional leasing areas. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas address of the Building unless due or Project. Tenant shall keep the Common Areas clear of all obstructions created or permitted by Tenant, Tenant’s Representatives, and Tenant’s Visitors. If in the opinion of Landlord unauthorized persons are using any of the Common Areas by reason of the presence of Tenant in the Building, Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. In exercising any such rights regarding the Common Areas, (i) Landlord shall make a reasonable effort to minimize any disruption to Tenant’s business, and (ii) Landlord shall not exercise its rights to control the Common Areas in a manner that would materially interfere with Tenant’s use of the Premises without first obtaining Tenant’s consent. Landlord agrees to perform certain improvements to the negligence or willful misconduct of Landlord and Tenant agrees to so advise its employees, visitors or invitees who may use such parking areas. The parking areas shall include those areas designated by Landlord, in its sole discretionCommon Areas, as either restricted or unrestricted parking areasmore particularly described in Exhibit G attached hereto. Subject to Article 36 hereof, any restricted parking areas Such improvements shall be leased only by separate license agreement with Landlord. Tenant further agrees completed on or before December 31, 2005; provided, however, that the parties acknowledge that the signage described in Exhibit G is subject to the approval of appropriate governmental authorities and Landlord shall not to use be in default of this Lease if any such signage is not completed on or permit its employeesbefore December 31, visitors or invitees to use the parking areas for overnight storage of vehicles2005.

Appears in 1 contract

Sources: Lease Agreement (Tercica Inc)

Common Areas. A. Landlord shall at all times have exclusive control and management of the Common Areas and Facilities of Bellevue Place. Tenant agrees that shall have the nonexclusive right in common with others to use the public areas of all corridorsthe Bank of America Building and the Common Areas and Facilities of Bellevue Place, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such nondiscriminatory rules and regulations as Landlord may adopt from time to time governing the use thereof including, but not limited to, the light 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 right to any person or to the public therein. Tenant shall comply with the rules and regulations that Landlord and the owner or ground lessee of Bellevue Place may from time to time be made by Landlord for the safety, comfort promulgate and/or modify regarding use and convenience operation of the owners, occupants, tenants Common Areas of the Bank of America Building and invitees Common Areas and Facilities of said BuildingBellevue Place. Tenant agrees 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable The rules and regulations shall be binding upon Tenant upon delivery of a copy thereof to Tenant. Landlord shall not be responsible to Tenant for the use thereof as prescribed nonperformance of such rules and regulations by any other tenants or occupants of space in either Bellevue Place or the Bank of America Building. The term “Common Areas and Facilities of Bellevue Place” refers to all on and off-site areas and/or related facilities which are made available or are used from time to time by Landlord. C. Landlord shall have for the right to make changes or revisions in the site plan general use, convenience 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 loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Building unless due to the negligence or willful misconduct benefit of Landlord and Tenant agrees other persons entitled to so advise its occupy space in Bellevue Place, including their employees, visitors 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 invitees who planted areas, pedestrian areas, lobbies, walkways, the 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 use such parking not 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 maintenance of Bellevue Place, including, but not limited to janitorial closets, on and/or off-site management offices and maintenance areas. The parking areas shall include those areas designated by Landlord, in its sole discretion, as either restricted or unrestricted parking areas. Subject term “Common Areas and Facilities of the Bank of America Building” refers to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage Common Areas and Facilities of vehiclesBellevue Place located within the Bank of America Building.

Appears in 1 contract

Sources: Office Lease (Smartsheet Inc)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the Tenant or Tenant’s '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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 loss, theft or damage to vehicles, or the contents thereof, 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 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 Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.

Appears in 1 contract

Sources: Standard Office Lease Agreement (Sajan Inc)

Common Areas. A. Tenant agrees 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 use of all corridorsbuilding set aside for leasing to tenants or reserved for Landlord's exclusive use, passagewaysincluding parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, toilet roomscommon entrances, parking lobbies, restrooms and other similar public areas and landscaped areas access ways including such automobile parking lot facilities in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such rules and regulations Building and/or the Office Complex as Landlord may designate from time to time be made by Landlord for the safety("Common Areas"), comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees provided 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to make changes or revisions 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 site plan vicinity of the Building or permanently impair Tenant's ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the 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 action that would permanently reduce the available parking 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 vicinity of the Premises, including Building or permanently impair Tenant's ingress and egress to and from the right Building. Tenant shall not unreasonably interfere with the rights of others to make changesuse the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or provide additional leasing areas. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, 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 parking areas. The parking areas shall include those areas designated construction by Landlord, and (y) be accomplished in its sole discretionsuch a manner to allow minimal interference with Tenant's access to, as either restricted or unrestricted and parking areas. Subject on, the Common Areas to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage extent practicable in light of vehiclesthe then-current situation.

Appears in 1 contract

Sources: Office Lease (Spheris Inc.)

Common Areas. A. Tenant agrees that (hat the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas area in and around said Building, by the Tenant or Tenant’s '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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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-non- exclusive use, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 loss, theft or damage to vehicles, or the contents thereof, 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 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 Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.

Appears in 1 contract

Sources: Lease Agreement (Eltrax Systems Inc)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas area in and around said Building, by the Tenant or Tenant’s 's employees, visitors or invitees, shall be subject to such non-discriminatory rules and regulations as may from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees 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-non- exclusive use, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 PremisesPremises and the Building, including the right to make changes, alterations or provide additional leasing areas. Notwithstanding the foregoing, Landlord agrees that the exercise of its rights hereunder will have no material adverse effects on Tenant's use of or access to the Premises. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, 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 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 Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles. E. Landlord certifies that, as of the date of this Lease, it has received no notice from any party, including, without limitation, any governmental entity or agency with jurisdiction, that the Common Areas are in violation of the ADA.

Appears in 1 contract

Sources: Standard Office Lease Agreement (Vital Images Inc)

Common Areas. A. Tenant agrees that 16.1 Landlord shall make available from time to time to service the Building such Common Areas as and to the extent Landlord shall alone from time to time deem appropriate. Common Areas shall be defined as including but not limited to any parking areas, driveways, service courts, access and 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 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 all corridorsany Common Areas and may make installations and/or construct or erect buildings, passagewaysstructures, elevatorsbooths therein or thereon and move or remove the same and shall have the right to retain revenue from income-producing events whether or not conducted for promotional purposes. 16.2 Tenant, toilet roomsits officers, parking areas and landscaped areas in and around said Building, by the Tenant or Tenant’s employees, visitors customers and invitees shall have the non-exclusive right in common with Landlord and all others to whom Landlord has or inviteesmay hereafter grant rights, shall be to use said Common Areas as designated by Landlord, subject to such rules and regulations as Landlord may from impose. Landlord may at any time close any Common Area to time make repairs or 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 made designated by Landlord for the safety, comfort and convenience "Employee Parking". 16.3 Tenant shall pay to Landlord a "CAM Charge" as its proportionate share of the ownerscost and expense to Landlord of operating, occupants, tenants maintaining and invitees of repairing said BuildingCommon Areas (hereinafter referred to as "Common Area Maintenance Costs"). Tenant agrees that no awnings, curtains, drapes or shades The initial monthly payment 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 adjusted effective 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 first day 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 loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas first month of the Building unless due to second lease year and on the negligence or willful misconduct first day of Landlord and Tenant agrees to so advise its employees, visitors or invitees who may use such parking areas. The parking areas shall include those areas designated by Landlord, the first month of each lease year thereafter in its sole discretion, as either restricted or unrestricted parking areas. Subject to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement accordance with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehiclesCPI Increase Formula.

Appears in 1 contract

Sources: Lease Agreement (Stoneridge Inc)

Common Areas. A. Tenant agrees areas that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas area in and around said Building, by the Tenant or Tenant’s '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 owners, occupants, tenants and invitees of said Building, to the extent such rules apply to the Metro Place building complex and/or others users of buildings in said complex. Tenant agrees 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 of: (a) in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) in common with Landlord (in connection with its maintenance, repair and other obligations and rights), of all loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord, to the extent such rules apply to the Metro Place building complex and/or other users of buildings in said complex. C. Landlord shall have the right to 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, provided the same does not materially and detrimentally affect Tenant's use of the Premises. 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, provided the same does not materially and detrimentally affect Tenant's access to the Premises. Landlord also reserves the right to alter the parking areas, including the right to make changes, alterations or provide additional or lesser parking areas; provided in no event (whether as a result of such changes, alterations or as a result of implementation of Landlord's rules and regulations) shall the number of parking spaces available to Tenant at the Building be materially reduced below the greater of; i) that currently available on the Land described on Exhibit A-2 or ii) that which is allowable by the ordinances of the City of Edina. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, 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 employees who may use such 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles for overnight storage of vehicles, provided, however, that nothing herein shall prohibit employees from parking cars overnight in Landlord-designated areas when traveling out of town on business.

Appears in 1 contract

Sources: Office Lease Agreement (Techies Com Inc)

Common Areas. A. Tenant agrees Sublandlord and Subtenant hereby agree that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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 Subtenant shall have the right of non-exclusive useright, in common with othersothers entitled thereto, of to use the entrance lobby shown on Exhibit A (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord "Entrance Lobby"). Subtenant shall have the right to make changes or revisions place a sign containing its name and location in the site plan Entrance Lobby and in on the Building so entrance to the Subleased Premises. Until such time as other portions of the Leased Premises are subleased to provide additional leasing area. Landlord others, Subtenant shall also have the right to construct additional buildings on (i) place personal property of a nature consistent with a reception area in the land described on Exhibit A-2 for such purposes as Landlord may deem appropriateEntrance Lobby, and (ii) have a receptionist sit in the Entrance Lobby and direct visitors to the Subleased Premises. Landlord also reserves all airspace rights above, below Sublandlord and Subtenant hereby agree to all sides work cooperatively to facilitate the transition of the Leased Premises to use by multiple occupants, the first of whom is Subtenant. Accordingly, Sublandlord hereby reserves a right of access to and use of the common areas of the Leased Premises, including without limitation, the Entrance Lobby, the elevator lobby, and the elevator. Such reservation shall include Sublandlord's right to alter and improve those areas from time to time to facilitate multiple occupancy, and to grant to third parties non-exclusive rights therein. Sublandlord agrees to give Subtenant reasonable prior notice of any such alterations, and to use reasonable efforts to minimize any interruption of Subtenant's use of, or access to, the Subleased Premises occasioned thereby, provided that any such work may be undertaken during normal business hours, but in no event shall Sublandlord have the right to make changeslimit Subtenant's use of, or access to, the Subleased Premises, and the elevator shall be operational at all times. After notice that another subtenant will occupy a portion of the Leased Premises, Subtenant shall remove any personal property from the Entrance Lobby at Sublandlord's request and shall cooperate with Sublandlord's alterations and conversions of use of those areas for multiple occupancy as aforesaid. Sublandlord hereby grants Subtenant a right to use the loading docks serving the Subleased Premises subject to the remaining terms of this Section. Sublandlord, on its behalf and on behalf of any subtenant, assignee or provide additional leasing areas. D. Landlord other party claiming by, through or under Sublandlord, hereby reserves a right of access to the loading dock on the first floor of the Building via the freight elevator and Tenant agree the corridor between the loading dock and the freight elevator throughout the term of this Sublease (the "Loading Dock Rights"), upon reasonable prior notice to Subtenant provided that Landlord will not be responsible (i) such party requests such access during regular business hours, (ii) such party complies with Subtenant's reasonable safety and security requirements, and (iii) such party agrees in writing to indemnify, defend and hold harmless Subtenant, its officers, directors and employees for any liability, claim, damage, cost or loss (including reasonable fees of legal counsel) arising in whole, or in part out of, or in any manner connected with any injury, loss, theft or damage to vehicles, any person or property while exercising the contents thereof, parked or left Loading Dock Rights. Subtenant shall have the right 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 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 leased only by separate license agreement common with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees others entitled thereto to use the parking areas for overnight storage of vehiclesCommon Areas as defined in the Prime Lease.

Appears in 1 contract

Sources: Sublease Agreement (Altus Pharmaceuticals Inc.)

Common Areas. A. Tenant agrees that 4.01 The "Common Area" is the part of the Office/Warehouse Facility designated by Owner from time to time for the common use of all corridorstenants, passageways, elevators, toilet roomsincluding among other facilities, parking areas, sidewalks, landscaping, curbs, loading areas, private streets and alleys, lighting facilities, hallways, malls, restrooms, and other areas and landscaped areas 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 around said Buildinglocation of the Common Area, by as well as the size, dimensions, location, identity, and type of any buildings that are a part of the Office/Warehouse Facility, and to construct additional buildings or additional stories on existing buildings, or other improvements in the Office Warehouse Facility, and to eliminate buildings that are currently part of the Office/Warehouse Facility. Tenant or Tenant’s and its employees, visitors or inviteescustomers, subtenants, licensees, and concessionaires shall have the non-exclusive right and license to use the Common Area as constituted from time to time, such use to be in common with Owner, other tenants of the Office/Warehouse Facility, 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 but not limited to, specific areas within the Office/Warehouse Facility or in proximity thereto in which automobiles owned by Tenant, its employees, customers, subtenants, licensees, and concessionaires shall be made 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 Office/Warehouse Facility 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 Landlord Tenant. Tenant shall further be responsible for the safetycompliance with such rules and regulations by the employees, comfort and convenience of the ownersservants, occupantsagents, tenants visitors, and invitees of said BuildingTenant. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon Owner may close any part of the Premises except Common Area as may be approved by Landlordnecessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations. B. In addition to the Premises, Tenant 4.02 Nothing in this Article shall have the right of non-exclusive use, or elsewhere in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for shall be construed as constituting the use thereof Common Area, or any part thereof, as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 any part of the Leased 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 loss, theft or damage to vehicles, or the contents thereof, 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 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.Exhibit 10.66

Appears in 1 contract

Sources: Lease Agreement (Englobal Corp)

Common Areas. A. Tenant agrees that the use of The term Common Areas means all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in facilities that are provided and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed designated from time to time by Landlord. C. Landlord for the general 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, 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 use of the common areas adopted by Landlord from time to time. Without advance notice to Tenant and 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 right in common with Landlord and such other tenants, to make changes whom Landlord has granted or revisions may grant such rights, to use the Common Areas. Tenant shall abide by the reasonable and non-discriminatory rules and regulations adopted by Landlord from time to time and of which it has given Tenant notice, and shall use its best efforts to cause its employees, contractors, and invitees to comply with those rules and regulations, and not interfere with the use of Common Areas by others. Notwithstanding the foregoing, in the site plan event of a conflict between any such rule or regulation and in the Building so as to provide additional leasing areaterms of this Lease, the terms of this Lease shall prevail. Landlord shall also have maintain the right to construct additional buildings on the land described on Exhibit A-2 for such purposes as Landlord may deem appropriateCommon Areas in good order, condition and repair. 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 loss, theft or damage to vehicles, or the contents thereof, 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 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 This maintenance cost shall be leased only by separate license agreement with Landlord. an Operating Cost chargeable to Tenant further agrees not pursuant to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehiclesSection 9.

Appears in 1 contract

Sources: Building Triple Net Lease

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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, 1.2.1 Tenant shall have the right to the nonexclusive use of all areas and facilities outside the Premises that are provided and designated by Landlord from time to time for the general non-exclusive use, in common with others, use of (a) all unrestricted automobile parking areas, driveways and walkwaystenants at the Project, and which are located outside the Building and outside other buildings designed for occupancy by tenants (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. ), but within the exterior boundary lines of the Project, including, without limitation, parking areas, loading and unloading areas, roadways, walkways and landscaped area (herein called "Project Common Area" or "Common Areas"). Landlord shall at all times have the right to use such Common Areas. 1.2.2 Landlord shall maintain the Common Areas in a manner comparable to the manner other properties similar in size, character and location are maintained and operated by institutional owners. The manner in which the Common Areas are operated and the expenditures therefor shall be at the sole discretion of Landlord. The use of Common Areas shall be subject to the Rules and Regulations (as defined in Article 20) and the provisions of any covenants, conditions and restrictions affecting the Project, as Landlord shall make changes or revisions from time to time, as further provided in Section 1.2.4 and Article 20. Notwithstanding anything to the contrary in the site plan Lease, Landlord shall not enact or modify any covenants, conditions or restrictions ("CC&Rs") or Rules and in Regulations if such enactment or modification would unreasonably interfere with Tenant's use of the Building so as to provide additional leasing areaPremises. Landlord shall also have use its reasonable efforts to enforce such Rules and Regulations as against other tenants or occupants if nonenforcement would adversely and materially affect Tenant's use of the right to construct additional buildings on premises or Tenant's parking rights under the land described on Lease. 1.2.3 Exhibit A-2 for such purposes as Landlord may deem appropriate. Landlord also reserves all airspace rights above, below A and to all sides Exhibit B show the approximate location of the Premises, including Common Areas and Project and are not meant to constitute an agreement as to the right specific location of the Premises, Common Areas or the elements thereby or of the means of access to make changesthe Premises, Building or the Project. Landlord hereby reserves the right, at any time and from time to time, as long as reasonable access to the Premises and Building remains available, to (a) use the Common Areas while engaged in making alterations in or provide additional leasing areasadditions or repairs to the Project, and (b) close temporarily any of the Common Areas for maintenance purposes. Tenant agrees that no diminution of light, air, or view by any structure that may be erected in, about or outside the Project after the date hereof shall entitle Tenant to any reduction of Base Annual Rent or any other Rent (as defined below) or result in any liability of Landlord to Tenant. D. 1.2.4 Landlord reserves the right, from time to time, to grant such easements, rights and dedications as Landlord deems necessary or desirable, and to cause the recordation of parcel maps and covenants, conditions and restrictions in addition to the covenants, conditions and restrictions existing as of the Lease Date affecting the Project. Unless required by governmental authorities, Landlord shall not exercise its rights under this Section 1.2.4 if such easements, rights, conditions, maps and covenants, conditions and restrictions unreasonably interfere with Tenant's use of the Premises. At Landlord's request, Tenant shall promptly join in the execution of any of the aforementioned documents, subject to the provisions of Section 1.2.2, and Tenant agree shall be given a reasonable opportunity to review such documents before executing them. The Building and the Project may be known by any name that Landlord will may choose, which name may be changed from time to time in Landlord's sole discretion. 1.2.5 The rights of Tenant hereunder in and to the Common Areas shall at all times be subject to the rights of Landlord specified under this Lease. Tenant shall not be responsible use the Common Areas for any loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking its day-to-day business other than using appropriately designated areas of the Building unless due Common Areas for ingress and egress, parking, or loading and unloading. Without limiting the generality of the foregoing, storage, either permanent or temporary, of any materials, supplies, equipment or refuse in the Common Areas is strictly prohibited. Should Tenant violate this provision of the Lease, in addition to the negligence and without waiver or willful misconduct limitation of any other rights of Landlord and Tenant agrees to so advise its employeesunder this Lease, visitors or invitees who may use such parking areas. The parking areas shall include those areas designated by LandlordLandlord may, in its sole discretion, as either restricted or unrestricted parking areas. Subject to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.at its

Appears in 1 contract

Sources: Lease (California Microwave Inc)

Common Areas. A. Tenant agrees 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 (hereinafter "Common Area"), provided, however, that Lessee shall contribute its Pro Rata Share of the use of all corridorsexpenses for the care for the Common Area, passagewaysincluding but not limited to, elevatorsad valorem taxes, toilet rooms, parking areas and landscaped areas in and around said hazard insurance on the Building, by management fees, the Tenant or Tenant’s employeesmowing of grass, visitors or inviteescare of shrubs, shall be subject to such rules and regulations as may from time to time be made by Landlord for the safetygeneral landscaping, comfort and convenience maintenance of the owners, occupants, tenants and invitees of said Building. Tenant agrees 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkwaysalleys, 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 (b) loading facilitiesall other charges not classified as capital expenditures; provided, freight elevators and other facilities as may be constructed in the Buildinghowever, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord that Lessor shall have the right to make changes require Lessee to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Lessor in its sole discretion; and further provided that if Lessee or revisions any other particular tenant of the Building can be clearly identified as being responsible for specific damage or cost to or in the site plan Common Area then Lessee, if Lessee is responsible, or such other responsible Lessee, shall pay 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 expenses 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 Building so event Lessor elects to perform or cause to be performed such work. Lessee's share of said expenses shall be Additional Rent hereunder and shall be due as to provide additional leasing areaprovided in Exhibit "B". Landlord Lessee shall also have keep 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 whole of the Premises, including 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 Premises shall be used by Lessee for storage without Lessor's prior written approval. 2. All drives, streets, paved areas and walks are for the common use of all tenants of the Building and are a part of the Common Area. Lessor reserves the right to make changesimpose, alterations from time to time, and Lessee hereby agrees to abide by regulations on parking and other uses of the Common Area. In addition, Lessor reserves the right to change, amend or provide additional leasing areas. D. Landlord modify the Common Areas and Tenant agree that Landlord will the use thereof in the discretion of Lessor. Lessor shall not be responsible for enforcing Lessee's parking rights against any loss, theft or damage to vehicles, or the contents thereof, 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 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehiclesthird parties.

Appears in 1 contract

Sources: Lease Agreement (Chestatee Bancshares Inc)

Common Areas. A. Tenant Lessor shall provide a paved parking area for use in common by Lessee and other tenants of the Industrial Facility. Lessor shall maintain such parking area and all of the other common areas and facilities used for operation and maintenance of the Industrial Facility in good condition and repair, including, but not limited to, the parking area, parking area lighting standards, landscaped areas, canopies, and Industrial Facility signs; and Lessee agrees to pay upon demand, but not more often than once each calendar month during the term as additional rental (which additional rental may be estimated by Lessor, subject to adjustment in future ▇▇▇▇▇▇▇▇ to Lessee), Lessee's proportionate share (Lessee's proportionate share of it's leased gross floor area to the total gross leased floor area of the industrial facility) of the reasonable expenses and costs of managing, operating, lighting, landscaping maintenance, cleaning, removing snow, policing, insuring, repairing, supplying, replacing and properly maintaining such common areas and facilities as here defined the drives, asphaltic parking and trucking areas (Lessee shall be responsible only for repairing, sealing and maintaining i.e. crack filling, pot hole patching of asphaltic drives, parking and trucking areas due to normal wear and tear. The replacement of the total asphaltic drives, parking and trucking area are excluded as it is a capital improvement) sidewalks, landscaped and grass areas of the Industrial Facility. Costs shall be limited to actual net payments made to third party service companies. Within 90 days after the close of each calendar year a reconciliation of all common area charges shall be performed to determine whether cash refunds are due the lessee or an additional payment is due the lessor as a result of the actual reasonable expenses and cost incurred of that just concluded calendar year and to adjust, if necessary, the monthly charge for the coming year of the lease. Lessor expressly reserves the right to promulgate from time to time reasonable rules and regulations relating to the use of all corridors, passageways, elevators, toilet rooms, parking common areas and landscaped areas facilities or any part thereof for the welfare of all tenants in the Industrial Facility and around said Building, by the Tenant or Tenant’s their employees, visitors or agents and invitees, shall be subject to such . Said rules and regulations as may from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used binding upon the Premises except as may be approved by Landlord. B. In addition Lessee upon delivery of a copy thereof to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable Lessee. Said rules and regulations for the use thereof as prescribed may be amended from time to time by Landlord. C. Landlord Lessor with or without advance notice, and all such amendments shall be effective upon delivery of a copy thereof to Lessee. For the enforcement of said rules and regulations, Lessor shall have the right available to make changes or revisions it all remedies provided in this Lease in the site plan event of a breach thereof and all legal remedies whether or not provided for 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 this Lease by law or provide additional leasing areasin equity. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, 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 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.

Appears in 1 contract

Sources: Lease Agreement (College Bound Student Alliance Inc)

Common Areas. A. Tenant agrees that the use of CONTROL OF COMMON AREAS: All parking areas, driveways, entrances and exits thereto, sidewalks, ramps, landscaped areas, exterior stairways, and all corridors, passageways, elevators, toilet rooms, parking areas other Common Areas and landscaped areas in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such rules and regulations as may from time to time be made facilities provided by Landlord for the safety, comfort and convenience common use of tenants of the ownersBuilding and their agents, occupantsemployees and customers, tenants and invitees of said Building. Tenant agrees 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, in common with others, of (a) at all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to times be subject to the terms exclusive control and conditions management of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. . Landlord shall have the right to make changes or revisions operate and maintain the same in the site plan and in the Building so such manner 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 loss, theft or damage to vehicles, or the contents thereof, 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 parking areas. The parking areas shall include those areas designated by 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 either restricted a whole. Tenant shall not use the sidewalks adjacent to the Demised Premises or unrestricted parking areasany area outside the Demised Premises for business purposes without the previous written consent of Landlord. Subject Landlord shall have the exclusive right at any and all times to Article 36 hereofclose any portion of the Common Areas for the purpose of making repairs, any restricted 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 be leased only 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 separate license agreement with LandlordLandlord at any time during the term of this Lease. Tenant further agrees not to use or permit its employees, visitors or invitees to use overburden the parking areas for overnight storage facilities and agrees to cooperate with Landlord and other tenants in use of vehiclesthe 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 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 other tenants in the Building, of less than 50,000 rsf, then Landlord shall provide Tenant with not more than five (5) designated parking spaces.

Appears in 1 contract

Sources: Lease Agreement (Tangram Enterprise Solutions Inc)

Common Areas. A. Tenant agrees that is hereby granted the right to the nonexclusive use of all the Common Areas. “Common Areas” means (i) the lobby area on the ground floor, (ii) the areas on individual floors devoted to corridors, passagewaysbalconies, 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, toilet roomsescalators, parking areas restrooms, patios, plazas, malls, landscaped areas, decorative walls, service corridors, throughways, loading areas, and landscaped areas 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 around said Building, by shall be included as part of the Premises for all purposes except the square footage of the Tenant or Balconies shall not be included for purposes of determining Base Rent and Tenant’s employeesShare. The manner in which such Common Areas are maintained and operated Shall be at the reasonable discretion of Landlord, visitors or invitees, and the use thereof by Tenant and other persons and entities shall be subject to the Rules and Regulations and such rules other rules, regulations and regulations restrictions that are required by local governmental and quasi-governmental authorities. Landlord reserves the right to make alterations or additions to or to change the location or configuration of elements of the Real Property and the Common Areas and to terminate Tenant’s right to use any portion of the Common Areas (provided that such Common Areas are not located on a floor containing a portion of the Premises and are not Tenant Balconies), which ceases to be a “Common Area,” as may from time defined hereinabove; provided, however, that Landlord shall provide Tenant with fifteen (15) business days prior notice of any of the actions set forth in this Section 1.1.2, above, to time be made taken by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition 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 Building 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, 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 non-exclusive use, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all access to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Building unless due to and the negligence or willful misconduct of Landlord and Tenant agrees to so advise its employeesOn-site Parking Area 24-hours per day, visitors or invitees who may use such 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use 7-days per week during the parking areas for overnight storage of vehiclesLease Term.

Appears in 1 contract

Sources: Sublease Agreement (Castlight Health, Inc.)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas area in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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. 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, provided the same do not interfere with Tenant’s operations on or from the Premises. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, 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 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 Any restricted parking areas shall be leased only by separate license agreement with Landlord. Landlord agrees to provide Tenant, subject to availability, unassigned parking spaces pursuant to license agreements in the form of Exhibit C. The parking spaces being made available to Tenant further agrees pursuant to this Paragraph shall be made available at the commencement of the Term 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, then Landlord shall not and does not guaranty that Tenant shall be entitled to use or permit its employees, visitors or invitees subsequently have such parking spaces available to use the parking areas for overnight storage of vehiclesit.

Appears in 1 contract

Sources: Standard Office Lease Agreement (Eschelon Telecom Inc)

Common Areas. A. a. As used in this Lease, "common areas" means all areas, facilities and improvements provided, from time to time, within the Project for the mutual convenience and use of Tenants or other occupants of the Building and their respective agents, employees, customers and invitees, which shall include, without limitation, roadways, entrances, sidewalks, stairways, elevators, corridors and halls, delivery areas, landscaped areas, public restrooms and comfort stations and parking areas. b. Tenant agrees that shall have the right, during the Lease term, to use the common areas, along with the other tenants of the Building, on a non-exclusive basis. Landlord shall at all time have the right to determine the nature and extent of the common areas, whether the same be surface, underground, or deck, and to make such changes, rearrangements, additions or reductions which, in Landlord's reasonable opinion, are deemed desirable and in the best interest of all persons using the common areas, or which are required by any federal, state or municipal law, rule, ordinance, regulation, guideline or order, including, but not limited to, changes, rearrangements, additions or reductions involving location, relocation or enlargement, reduction or addition of accommodations for access to the Building. c. Landlord shall have the sole and exclusive control and management of the common areas and may, at any time, exclude and restrain any person from use or occupancy thereof, excepting tenants of the Building and bona fide invitees of Landlord or tenants of the Building who make use of said common areas in accordance with the rules and regulations established by Landlord. The rights of Tenant in and to the common areas shall at all times be subject to the rights of others to use the same in common with Tenant, and it shall be the duty of Tenant to keep all of said common areas free and clear of any obstructions created or permitted by Tenant or resulting form Tenant's operation. Landlord may, at any time, close any or all portions of the common areas to make repairs, to construct additions or improvements, to discourage non-customer parking, to prevent a dedication of said common areas or parts thereof or the accrual of any rights to any person or to the public therein, and to do and perform such other acts in and to the common areas as Landlord shall determine to be advisable to improve and maintain the common areas for the convenience and use by tenants of the Building and their employees, agents, customers and invitees and other persons authorized to use the same by Landlord. Landlord reserves exclusive control of advertising in the common areas. All common areas and facilities not within the Premises are to be used and occupied by Tenant under a revocable license. If the amount of such areas are diminished or otherwise changed, in Landlord's reasonable discretion, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such diminution or change be deemed constructive or actual eviction so long as such diminution or change of the common areas does not materially and adversely affect accessibility to and/or Tenant's use and enjoyment of the Premises. d. The parking areas, or designated portions thereof, shall be available for the use of tenants of the Project and, to the extent designated by Landlord, the employees, agents, customers, and invitees of said tenants and of Landlord and other parties designated by Landlord, subject to reasonable rules, regulations, charges, and rates as set forth by Landlord from time to time; provided, however, that Landlord may restrict parking for the tenants of the Project (including Tenant) and their employees and agents to certain portions of the parking areas, and may designate other areas to be used at large only by customers and invitees of tenants of the Project. e. Pursuant to such an at-large parking system, specific stalls will not be allocated to specific persons or cars, but an areas or areas sufficient for the purpose will be designated by Landlord within which authorized cars (selected by Tenant in accordance with reasonable rules promulgated by Landlord) will be allowed to park. Such area or areas may, at Landlord's option, be moved from time to time, upon written notice to Tenant, within the parking facilities of the Project as now or hereafter constituted. Within such at-large areas Landlord may allot more cars than there are physical stalls so long as, in the sole judgement of Landlord, considering actual experience, the designated number of cars can be satisfactorily served. Landlord may, at its option, change from an at-large system to a specific stall or other system, either as to all corridorsor a part of the cars for which Tenant (or any other tenant) enjoys parking rights. f. Notwithstanding anything to the contrary elsewhere herein, passagewaysLandlord reserves the right from time to time to make reasonable changes in, elevators, toilet rooms, additions to and deletions from the parking areas and landscaped to change the purposes to which the same may be devoted, and the use of parking areas in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall at all time 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 loss, theft or damage to vehicles, or the contents thereof, 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 parking areas. The parking areas shall include those areas designated promulgated by Landlord, in its sole discretionprovided that Landlord shall not reduce Tenant's parking rights as described above, as either restricted or unrestricted parking areas. Subject to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use although it may change the parking areas for overnight storage of vehicleslocation thereof.

Appears in 1 contract

Sources: Office Building Lease (Schimatic Cash Transactions Network Com Inc)

Common Areas. A. Landlord shall at all times have exclusive control and management of the Common Areas and Facilities of Bellevue Place. Tenant agrees that shall have the nonexclusive right in common with others to use the public areas of all corridorsthe Bank of America Building and the Common Areas and Facilities of Bellevue Place, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such nondiscriminatory rules and regulations as Landlord may adopt from time to time governing the 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 right to any person or to the public therein. Tenant ▇▇▇▇▇▇▇▇▇▇.▇▇▇ NNN Lease 34 shall comply with the rules and regulations that Landlord and the owner or ground lessee of Bellevue Place may from time to time be made by Landlord for the safety, comfort promulgate and/or modify regarding use and convenience operation of the owners, occupants, tenants Common Areas of the Bank of America Building and invitees Common Areas and Facilities of said BuildingBellevue Place. Tenant agrees 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable The rules and regulations shall be binding upon Tenant upon delivery of a copy thereof to Tenant. Landlord shall not be responsible to Tenant for the use thereof as prescribed nonperformance of such rules and regulations by any other tenants or occupants of space in either Bellevue Place or the Bank of America Building. The term “Common Areas and Facilities of Bellevue Place” refers to all on and off-site areas and/or related facilities which are made available or are used from time to time by Landlord. C. Landlord shall have for the right to make changes or revisions in the site plan general use, convenience 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 loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Building unless due to the negligence or willful misconduct benefit of Landlord and Tenant agrees other persons entitled to so advise its occupy space in Bellevue Place, including their employees, visitors 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 invitees who planted areas, pedestrian areas, lobbies, walkways, the 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 use such parking not 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 maintenance of Bellevue Place, including, but not limited to janitorial closets, on and/or off-site management offices and maintenance areas. The parking areas shall include those areas designated by Landlord, in its sole discretion, as either restricted or unrestricted parking areas. Subject term “Common Areas and Facilities of the Bank of America Building” refers to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage Common Areas and Facilities of vehiclesBellevue Place located within the Bank of America Building.

Appears in 1 contract

Sources: Office Lease (Smartsheet Inc)

Common Areas. A. Tenant agrees that All areas and facilities of the Building for the common use and/or benefit of all tenants of the Building as allocated by Landlord, including the exterior of the Building and areas and facilities shared with buildings adjacent to the Building, and, including, without limitation, the public lobbies, elevators, corridors, passageways, elevatorsstairways, toilet rooms, parking areas areas, motor court plaza, loading and landscaped areas in unloading areas, roadways and around said Buildingsidewalks. Except as provided herein, by throughout the Tenant or Term, Tenant’s employees, visitors or inviteesits agents, shall be subject to such rules employees and regulations as may from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and business invitees of said Building. Tenant agrees 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 useright, in common with others, to use the Common Areas of (a) all unrestricted automobile parking areasthe Building for their intended purpose, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of set forth in this Lease Agreement (including without limitation, the Rules and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Regulations set forth on Exhibit D hereof). Landlord shall have the right at any time, without Tenant’s consent, to make changes change the arrangement or revisions in location of entrances, passageways, doors, doorways, corridors, stairs, toilet rooms or other Common Areas of the site plan and in Building, or to change the name, number or designation by which the Building so as is known. Notwithstanding the foregoing, in exercising its rights to provide additional leasing areachange the arrangement of the Common Areas, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of and access to the Leased Premises and shall not permanently interfere substantially with or prevent Tenant’s use of or access to the Leased Premises or any material part thereof. In the event that Landlord changes the address or name of the Building, Landlord shall compensate Tenant for its actual reasonable costs of replacing reasonable quantities of business stationery and marketing materials then on hand. Landlord shall may also have designate other land and improvements outside 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 loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas boundaries of the Building unless due to be a part of the Common Areas, provided that such other land and improvements have a reasonable and functional relationship to the negligence or willful misconduct Building. Landlord reserves unto itself the full and complete ownership of all tangible personal property installed by Landlord and Tenant agrees to so advise its employees, visitors or invitees who may use such 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehiclesBuilding.

Appears in 1 contract

Sources: Deed of Lease (Trex Co Inc)

Common Areas. A. Tenant agrees that Landlord shall make available "Common Areas", in the use of all corridorsBuilding and on the Land on which the Demised Premises are situated. The Common Areas shall include (if applicable), passagewaysbut not be limited to, common entrance foyers, lobbies, elevators, toilet roomsstairwells, corridors, restrooms, chases, meter rooms and utility rooms in the Building and parking areas, loading areas, driveways, sidewalks, landscaped areas, green areas, grounds, plazas and picnic areas on the Land. Landlord grants to Tenant and landscaped areas to Tenant's Permittees, during the term of this Lease, the non-exclusive right to use the Common Areas, in common with Landlord and around said Buildingwith others designated by Landlord as being entitled to use the Common Areas, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such Landlord's reasonable rules and regulations as may established from time to time be made by Landlord for applicable to all tenants concerning the safety, comfort use and convenience operation of the owners, occupants, tenants and invitees of said BuildingCommon Areas. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition comply with and cause its Permittees to the Premises, Tenant shall have the right of non-exclusive use, in common comply with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable said rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to make changes or revisions in the site plan and in the Building so as to provide additional leasing arearegulations. Landlord shall also have operate, manage, repair, replace and maintain in good condition the right to construct additional buildings on Common Areas for their intended purposes, all in such manner as 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 loss, theft or damage to vehicles, or the contents thereof, 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 parking areas. The parking areas shall include those areas designated by Landlord, in its sole discretion, as either restricted or unrestricted parking areasshall determine. Subject to Article 36 hereof, any restricted parking areas All Common Areas shall be leased only subject to the control of Landlord in accordance with normal custom and practice in the industry. Landlord shall have the authority to employ and discharge all personnel with respect thereto; to close temporarily after written notice to Tenant all or any portion of the Common Areas for the 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 separate license agreement with Landlord. Tenant further agrees Landlord shall have the right (but not the obligation), in its sole discretion, to use or permit its employees, visitors or invitees to use reserve the parking areas area immediately in front of, at the rear of and/or adjacent to a particular premises for overnight storage the exclusive use of vehiclesthat tenant who leases such premises, provided that such reservations of parking spaces do not give one tenant a disproportionate share of the parking provided for the Building.

Appears in 1 contract

Sources: Lease Agreement (Advancis Pharmaceutical Corp)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas area in and around said Building, by the Tenant or Tenant’s 's employees, visitors or invitees, shall be subject to such reasonable and uniformly applied rules and regulations as may from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees 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-non- exclusive use, in common with others, of of: (a) all unrestricted automobile parking areasareas (subject to the provisions set forth below), driveways and walkways, ; and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable and uniformly applied rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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. If there is an increased leasing area, Tenant's share of operating expenses and taxes shall be proportionally reduced. 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 loss, theft or damage to vehicles, or the contents thereof, 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 parking areas. . E. The parking areas shall include those areas designated by Landlord, in its sole discretion, as either restricted or unrestricted parking areas. Subject Tenant, its employees and invitees shall have the right to Article 36 hereofpark in the unrestricted parking areas in common with other tenants of the Building upon such terms and conditions adopted by Landlord from time to time, including the imposition of a reasonable parking charge, if the same is established by Landlord at any time during the Term (provided, however, Tenant or its employees and invitees shall not be charged a parking charge during the initial Term of this Lease). Tenant agrees not to overburden the unrestricted parking areas and agrees to cooperate with Landlord and other tenants in the use of the unrestricted parking areas. Landlord reserves the right in its absolute discretion to determine whether the parking areas are becoming overburdened and to allocate and assign parking spaces among Tenant and other tenants, and to reconfigure the parking areas and modify the existing ingress to and egress from the parking areas as Landlord shall deem appropriate. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles. Notwithstanding the foregoing, Tenant shall be entitled to a proportionate share of parking spaces in the unrestricted parking areas at a Building ratio of 4.0 stalls per 1,000 rentable square feet of leased space, provided Tenant's proportionate share shall be adjusted from time to time, in the event of an increase in the number of parking stalls, or a decrease of the number of parking stalls resulting from condemnation, or the enforcement of other property rights which affect parking areas, provided, however, Tenant's parking ratio of four (4) stalls per 1,000 rentable square feet shall not be decreased as a result of any site plan modifications initiated by Landlord. If there is a decrease of the number of parking stalls resulting from condemnation, to the extent Landlord has received an award in condemnation for such loss of parking, Landlord shall use its best efforts to replace the lost parking stalls, provided Landlord shall not be required to expend more for the replacement of the lost parking stalls than Landlord received in the condemnation award for loss of such parking stalls. Tenant shall have the right to lease climate-controlled stalls at a rate not to exceed $100.00 per month per stall plus tax throughout the primary term (but not the Option Term) of the Lease, subject to availability of such stalls. If parking availability becomes problematic for Tenant, Landlord agrees to assist Tenant to obtain additional parking near the Premises. Any cost associated with additional parking for Tenant shall be Tenant's sole responsibility.

Appears in 1 contract

Sources: Lease (Ebenx Inc)

Common Areas. A. Tenant agrees that 1. Lessor hereby grants to Lessee, during the use term of this Lease, the nonexclusive right to use, in common with all corridorsothers so entitled, passageways, elevators, toilet rooms, parking areas the Common Areas (as hereinafter defined) for pedestrian and landscaped areas in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, vehicular traffic. The Common Areas shall be subject to the exclusive control and management of Lessor and to such rules and regulations as may Lessor may, from time to time be made by Landlord for the safetytime, comfort adopt and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees 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, in common with others, of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have Lessor reserves the right to make changes change the areas, locations and arrangement of parking areas and other Common Areas; to 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 revisions all portions of the Common Areas to such extent and for such time as may, in the site plan and in sole discretion of Lessor's counsel, be legally necessary to prevent a dedication thereof or the Building so as accrual of any rights to provide additional leasing area. Landlord shall also have any person or to the right public therein; 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 aboveclose temporarily, below and to all sides if necessary, any part of the Premises, including the right Common Areas in order to discourage noncustomer parking; and to make changes, additions, deletions, alterations or provide additional leasing areasimprovements in and to such Common Areas, including methods of ingress to and egress from such Common Areas, provided that there shall be no unreasonable obstruction of Lessee's right of ingress to or egress from the Demised Premises. D. Landlord 2. Lessor shall operate, maintain and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or repair the contents thereof, parked or left Common Areas and improvements within the Shopping Center 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 parking areas. The parking areas manner as Lessor shall include those areas designated by Landlord, in its sole discretiondiscretion 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, as either restricted or unrestricted parking areasincluding any period during which Lessee shall transact business in the Demised Premises prior to the Commencement Date of the term of this Lease. Subject to Article 36 hereofFor the purposes of this Article, any restricted parking areas the term "COMMON AREA MAINTENANCE COSTS" shall mean all costs, expenses and other charges incurred in connection with the ownership, management, operation, insurance, maintenance and repair of the Common Areas and improvements within the Shopping Center, and shall include, but not be leased limited to, the costs and expenses of [the following subsections (a) through (j) are for definition only by separate license agreement with Landlord. Tenant further agrees and are not to use be construed so as to impose any obligations or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.limitations on Lessor]:

Appears in 1 contract

Sources: Retail Lease (5th Avenue Channel Corp)

Common Areas. A. Tenant Landlord covenants and agrees that the it shall maintain, repair and replace Common Areas in good order and repair at all times. The "Common Areas" as herein referred to, shall consist of all parking areas, landscaped areas, streets, sidewalks, driveways, loading platforms, washrooms, lounges and shelters and other facilities available for joint use of all corridorsthe tenants in the Shopping Center, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the Tenant or Tenant’s their employees, visitors agents, customers, licensees and invitees. If Landlord fails to perform its oblations hereunder within thirty (30) days after written notice from Tenant, or invitees, shall be subject to such rules and regulations as may from longer time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition reasonable under the circumstances so long as Landlord is diligently pursuing such repair, Tenant may make such repair or replacement and deduct its costs in connection therewith against the next payments of rent due hereunder. Notwithstanding the foregoing, in the event a repair is necessary in the Common Area to cure an emergency or to ▇▇▇▇▇ a condition that materially and adversely affects Tenant's use of the Premises, Tenant shall have may make such repair without giving prior notice to Landlord it its intent to do so. B. Landlord agrees to provide adequate lighting of the right Common Areas including the parking lot from thirty (30) minutes before dusk until thirty (30) minutes after Tenant's normal close of non-exclusive use, in common with others, of (a) all unrestricted automobile parking areas, driveways business. Landlord acknowledges and walkways, and (b) loading facilities, freight elevators and other facilities as agrees that Tenant may be constructed in the Building, all to be subject remain open until 2:00 A.M. to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time extent permitted by Landlordapplicable law. C. Tenant shall pay to Landlord, as additional rent, its proportionate share (as defined below) of Landlord's CAM Costs (as hereinafter defined) (such amount is hereinafter referred to as the "CAM Sum"). The CAM Sum shall be payable on an annual basis, in equal monthly installments payable with each monthly installment of Annual Base Rent. Notwithstanding the foregoing, until the end of the fifth (5th) Lease Year, Tenant's CAM Sum payable in any year shall not exceed an amount equal to $2.00 for each square foot of space in the Demised Premises. Within 120 days after the end of each calendar year, Landlord shall have furnish to Tenant a detailed statement (the right "Statement"), certified by Landlord to make changes or revisions in be true, complete and correct, which itemizes (i) 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 loss, theft or damage to vehicles, or the contents thereof, 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 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 leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles.actual CAM

Appears in 1 contract

Sources: Lease Agreement (Penn National Gaming Inc)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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 nonexclusive right of non-exclusive use, to use in common with others, of (a) all unrestricted automobile parking areas, driveways and walkwaysother tenants in the Project, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for referred to in Article 5 of this Lease, those portions of the use thereof as prescribed Project which are provided, from time to time time, for use in common by Landlord. C. Landlord shall have the right to make changes or revisions in the site plan , Tenant 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 any other tenants of the PremisesProject (such areas, 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 loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas together with such other portions 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 parking areas. The parking areas shall include those areas Project designated by Landlord, in its sole discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as either restricted or unrestricted parking areasthe “Common Areas”). Subject to Article 36 hereofthe terms of this Lease, any restricted parking areas the Landlord shall maintain the Common Areas in a first-class manner and in accordance with the General Maintenance Plan attached hereto as Exhibit D, but the exact manner in which the tenants Common Areas are maintained and operated shall be leased only determined by separate license agreement with the Landlord, and the use thereof shall be subject to such reasonable rules, regulations and restrictions as Landlord may make from time to time pursuant to Article 5 below. Tenant further shall pay its pro rata share of cost of maintaining the common areas and of maintaining the Creekwalk area as required by the City of San Leandro. Such maintenance costs shall be allocated among Buildings based upon the relative rentable square footage of the buildings. If Tenant believes that Landlord is not maintaining the Common Areas in a first-class manner, Tenant shall notify Landlord in writing if oral requests are not responded to in a timely manner. If Landlord fails, on three (3) occasions within any two (2) year period in its maintenance obligations, Tenant may require Landlord to employ a third party property manager to supervise maintenance of the Common Areas. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas provided that changes to the Common Areas do not interfere in any material way with Tenant’s access to and use of the Premises. Landlord specifically agrees not that access to use or permit its employees, visitors or invitees to use the parking areas for overnight storage portions of vehiclesthe Common Areas shall be controlled by gates activated by a card system or other system appropriate to ensure that, as much as possible, use of the parking area is restricted to persons employed by or having business with tenants in the Project.

Appears in 1 contract

Sources: Office Lease (Trinet Group Inc)

Common Areas. A. Tenant agrees that SECURITY. The common areas of the Center 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 parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Center; make alterations or additions to the Center or common areas; close temporarily all or any portion of the common areas to make repairs, changes 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 through, over or under the Land and Center; and use or permit the use of all corridorsor any portion of the roofs of the Buildings. Landlord has no duty or obligation to provide any security services in, passagewayson or around the Premises, elevatorsLand or Center, toilet roomsand Tenant recognizes that security services, parking areas if any, provided by Landlord will be for the sole benefit of Landlord and landscaped areas in the protection of Landlord's property and around said Buildingunder no circumstances shall Landlord be responsible for, by the and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s employees's Agents or property in, visitors on 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 owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition to about the Premises, Land or Center. Tenant shall have the nonexclusive right to access and use the common areas of non-exclusive use, in common with others, the Buildings and the Center during the term of (a) all unrestricted automobile parking areas, driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions applicable provisions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Lease. Landlord shall have reserves the right to make changes or revisions reallocate parking and driveway locations and to build additional improvements in the site plan and in the Building common areas so long 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 loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Building unless due Tenant's access to the negligence or willful misconduct of Landlord Premises and Tenant agrees to so advise its employees, visitors or invitees who may use such parking areas. The parking areas shall include those areas designated by Landlord, privileges as described in its sole discretion, as either restricted or unrestricted parking areas. Subject to Article 36 hereof, any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees this Lease are not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehiclesmaterially adversely impacted.

Appears in 1 contract

Sources: Lease Agreement (Integrated Measurement Systems Inc /Or/)

Common Areas. A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped areas area in and around said Building, by the 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 owners, occupants, tenants and invitees of said Building. Tenant agrees 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, in common with others, of of: (a) all unrestricted automobile parking areasareas (subject to the provisions set forth below), driveways and walkways, ; and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to 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 loss, theft or damage to vehicles, or the contents thereof, 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 parking areas. . E. The parking areas shall include those areas designated by Landlord, in its sole reasonable discretion, as either restricted or unrestricted parking areas. Subject Tenant, its employees and invitees shall have the right to Article 36 hereofpark in the unrestricted parking areas in common with other tenants of the Building upon such terms and conditions adopted by Landlord from time to time, any but those conditions shall not include the imposition of a parking charge. Tenant agrees not to overburden the unrestricted parking areas and agrees to cooperate with Landlord and other tenants in the use of the unrestricted parking areas. Landlord reserves the right in its absolute discretion to determine whether the parking areas are becoming overburdened and to allocate and assign parking spaces among Tenant and other tenants, and to reconfigure the parking areas and modify the existing ingress to and egress from the parking areas as Landlord shall deem appropriate. Landlord agrees that all of its rights pursuant to this paragraph, including its designation of restricted parking areas and its reconfiguration of parking areas, will not encroach upon Tenant’s ability to have adequate parking for its employees, visitors or invitees. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles. Notwithstanding the foregoing, in addition to the right to park in unrestricted parking areas, Landlord shall provide to Tenant eight executive garage stalls in the location shown on Exhibit C (“Executive Parking Stalls”), four of which shall be provided at no additional cost to Tenant. As part of rent due hereunder, throughout the Term of this Lease and any extension thereto, Tenant shall pay Seventy-Five and 00/100 Dollars ($75.00) per month for each of the remaining four (4) Executive Parking Stalls, with two percent (2%) annual increases per stall.

Appears in 1 contract

Sources: Lease (Winmark Corp)