Common Areas. 4.12.1. Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commission.
Appears in 2 contracts
Sources: Lease Agreement (Build a Bear Workshop Inc), Lease Agreement (Build a Bear Workshop Inc)
Common Areas. 4.12.1. Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of As used in this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "term “Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation” means, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery landscaped areas, landscaped and streetscaped areasroadways, and all other areas and facilities now or improvements which may be provided hereafter at the Building and intended for common use. Without advance notice to Tenant (except with respect to matters covered by Landlord for the general use of tenants of DOWNTOWN DISNEY(Rsubsection (a) below) and their agentswithout any liability to Tenant in any respect, employees, Landlord will have the right to:
(a) establish and customers. Landlord shall be responsible for enforce reasonable rules and regulations concerning the operationmaintenance, management, use and maintenance operation of the Common Areas;
(b) close off any of the Common Areas to whatever extent required in the opinion of Landlord and its counsel to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas, provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Demised Premises.
(c) temporarily close any of the Common Areas for maintenance, alteration or improvement purposes, provided that such closure does not substantially interfere with Tenant’s ability to conduct its business;
(d) select, appoint or contract with any person for the purpose of operating and maintaining the Common Areas, subject to such terms and at such rates as Landlord deems reasonable and proper;
(e) change the size, use, shape or nature of any such Common Areas, provided such change does not deprive Tenant of the substantial benefit and enjoyment of the Demised Premises. So long as Tenant is not thus deprived of the substantial use and benefit of the Demised Premises, Landlord will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of parking spaces or other public conveniences at the Building, without incurring any liability to Tenant or entitling Tenant to any abatement of rent and such action will not constitute an actual or constructive eviction of Tenant; and
(f) erect one or more additional buildings on the Common Areas, expand the existing Building to cover a portion of the Common Areas, convert Common Areas to a portion of the Building, convert any portion of the Building (excluding the Demised Premises) to Common Areas. Upon erection of any additional buildings or change in Common Areas, the portion of the property upon which buildings or structures have been erected will no longer be deemed to be a part of the Common Areas. The manner in which Provided, however, that Landlord receives the Common Areas shall be maintained requisite municipal and/or other governmental approval for the erection of said building and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession providing of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate corresponding parking in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionrelation thereto.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)
Common Areas. 4.12.1. In addition to the Premises, Tenant shall have the use of those certain common areas designated by the Landlord from time to time on the Property; such areas shall include, but not be limited to, parking areas, access roads and Landlord hereby grants to facilities, interior corridors, sidewalks, driveways and landscaped and open areas (collectively, “Common Areas”). The use of the Common Areas shall be for the non-exclusive use of Tenant and Tenant, and its ’s employees, customers, patronsagents, suppliers, licensees customers and inviteespatrons, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the SiteProperty and all such other persons to whom Landlord has previously granted, and their respective employeesor may hereinafter grant, customers, patrons, suppliers, licensees and inviteesrights of usage; subject, however at all times provided that such nonexclusive use shall be expressly subject to the Operating Conditions, Rules and Regulations and to any other such reasonable rules and regulations promulgated which may be adopted by the Landlord from time to time, so long as such rules and regulations do not adversely affect Tenant’s use of the Premises and are uniformly enforced. Tenant shall not be entitled to use the terms and provisions Common Areas for storage of this Leasegoods, vehicles, refuse or any other items. "Landlord reserves the right to alter, modify, enlarge, diminish, reduce or eliminate the Common Areas" shall mean, as they may Areas from time to time existin its sole discretion; provided, those portions however, it does not unreasonably and materially interfere with Tenant’s use and occupancy of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area the Premises or access to and other areas which are set aside as from the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customersPremises. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize modify Common Areas, in order to implement new, necessary security measures; provided, however, it does not unreasonably and materially interfere with Tenant’s use and occupancy of the Premises or access to and from the Premises. If Tenant shall use any of the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing storage of kiosks and food facilities, landscaping, decorative any items, and Tenant shall pay all fines imposed upon either Landlord or Tenant by any fire, building or other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Lawregulatory body, and such closure Tenant shall not entitle Tenant pay all costs incurred by Landlord to any abatement of Rent. Landlord shall at all times during clear and clean the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any dispose of such areas by reason items, including but not limited to, a disposal fee of the presence of Tenant in DOWNTOWN DISNEY(R)twenty-five dollars ($25.00) for each pallet or other container and fifty dollars ($50.00) for each drum, Tenanttogether with any additional costs for testing and special disposal, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionif required.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Truck Hero, Inc.)
Common Areas. 4.12.1. Tenant shall have and Landlord hereby grants Except as otherwise set forth in Section 6.02(b) above with respect to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity issues arising out of the SiteAmerican with Disabilities Act (which section shall specifically govern such issues) or as set forth in Section 6.02(a) above with respect to issues relating to Hazardous Materials (which section shall specifically govern such issues), and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times notwithstanding any provision in Section 5 of the Lease to the Operating Conditionscontrary (a) Landlord, Rules at its sole cost and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall meanexpense (except as set forth herein below), as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance correcting any violations of the Common Areas. The manner in which applicable Laws with respect to the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, (including, without limitation, vehicles, within limitation those portions of the Base Building therein) to the extent (i) such violations exist in the Common Areas without prior to the prior approval Expansion Effective Date, (ii) the correction of Landlord such violations is required as a result of the Tenant Improvement Work (defined in Exhibit B hereto), or (iii) the correction of such violations is required on a Building-wide basis by applicable Law and not required as a result of (1) the specific nature of the Tenant’s use of the Expansion Space (other than the Permitted Use) or (2) an Alteration or improvement in the Expansion Space which it may withhold is performed by or on behalf of Tenant (other than the Tenant Improvement Work defined in its sole and absolute discretion. Landlord shall at all times have the right Exhibit B hereto); provided, however, that (b) with respect to utilize the Common Areas (including, without limitation those portions of the Base Building therein), Tenant shall cause (or, at Landlord’s option, Tenant shall reimburse Landlord for promotionsthe reasonable cost of causing): (i) compliance which is required as a result of the specific nature of Tenant’s use of or business in the Expansion Space (other than the Permitted Use); (ii) compliance which is required as a result of the acts or omissions of Tenant, exhibitsits agents, outdoor showsemployees or contractors whether pursuant to the terms hereof or the Lease (other than the mere act of making repairs, displaysalterations, additions or improvements and applying for permits for the same, which actions shall be governed by subsection (iv) below); (iii) compliance which is required as a result of the Tenant’s arrangement of any furniture, equipment or other product shows, property in the leasing Expansion Space; or (iv) compliance which is required as a result of kiosks and food facilities, landscaping, decorative items, and any an Alteration or improvement in the Expansion Space performed by or on behalf of Tenant (other use which, than the Tenant Improvement Work defined in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(RExhibit B hereto). * Tenant acknowledges that the wine bar Any costs incurred by Landlord pursuant to (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected directly reimbursed by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to the extent required by) this Section 6.02(c)(2)) shall be included in the definition of Expenses only to the extent expressly permitted pursuant to Section 2 of Exhibit B to the Lease; provided, however, that, solely for purposes of calculating Tenant’s Pro Rata Share of Expenses for the Expansion Space, any abatement of Rent. Landlord shall at all times during references in Sections 2.01(i), 2.02(h) and 2.02(r) thereof to “the term date of this Lease, subject ” shall be interpreted to mean “the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionExpansion Effective Date”.
Appears in 1 contract
Sources: Lease Agreement (Netsuite Inc)
Common Areas. 4.12.1. Tenant Tenant, its customers, employees and invitees shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license right to use and enjoy free of charge, in common with Landlord, other tenants and their customers, employees and invitees, the parking areas, approaches, sidewalks, entrances, exits and roadways (hereinafter collectively called the “Common Areas”) which Landlord agrees to provide for the reasonable operation of the Shopping Center. It is expressly understood that the Common Areas are intended primarily for the use by customers of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property the stores in the vicinity of the SiteShopping Center, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive Tenant accordingly agrees that its employees will not use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotionsthe parking or storage of any automobile, exhibitstruck or any other vehicle owned or used by any of its employees, outdoor showsexcept as may be approved in writing by Landlord. Tenant further agrees that Landlord reserves the right, displaysin its sole discretion, other product showsto designate specific parking area(s) for the use by the employees and/or customers of Tenant and if so designated, Tenant shall instruct its employees and/or customers, as the leasing case may be, to park in any such designated areas. In order to assist Landlord in the enforcement of kiosks and food facilitiesthe provisions of this paragraph, landscapingTenant agrees that within ten (10) days after being requested so to do, decorative itemsTenant will furnish Landlord a written statement containing the license plate numbers of all employees, agents, and any other use which, representatives employed by Tenant in Landlord's sole judgment, tends to attract customers toor about the Demised Premises. Tenant shall not park, or benefit permit to be parked, any delivery vehicles in the Common Areas intended for the use by customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premisesstores in the Shopping Center, Landlord may nor permit merchandise delivery from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted Common Areas if delivery access and loading and unloading zones are provided by Law, and such closure shall not entitle Tenant to any abatement of RentLandlord. Landlord shall covenants that, at all times during the term hereof, it will maintain the Common Areas in a good condition of repair and adequately lighted and paved, and that, except as otherwise provided in paragraph 33 below, there will be at least the minimum number of parking spaces sufficient to satisfy governmental requirements and in no event shall the number of parking spaces at the Shopping Center existing as of the date of this Lease, subject lease be reduced by more than twenty (20) spaces during the term or any extension thereof. Anything in this paragraph to the provisions hereofcontrary notwithstanding, have Landlord expressly reserves the sole and exclusive management and control of all Common Areas and may at any time and right, from time to time during time, (i) to construct other buildings and/or enlarge existing buildings on or over the term hereofCommon Areas so long as the number of parking spaces is not reduced by more than twenty (20) spaces, restrain any and (ii) increase, reduce, modify or alter the dimensions and locations of roadways, parking lots, sidewalks and buildings provided such changes, additions or reductions do not unreasonably interfere with Tenant’s use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence Demised Premises or reduce the number of Tenant in DOWNTOWN DISNEY(Rparking spaces at the Shopping Center by more than twenty (20), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commission.
Appears in 1 contract
Common Areas. 4.12.1Landlord shall make available (or use commercially reasonable efforts to cause to be made available) throughout the Lease Term such “Common Areas” (including, but not limited to, parking areas, driveways, truck ways, service drives, service areas, delivery passages, truck-loading areas, access and egress roads, walkways, footbridges, landscaped and planted areas and public rest rooms) as may be shown on the Site Plan or which are otherwise available for the non-exclusive use of the occupants of the Real Property. Landlord shall (or shall use commercially reasonable efforts to cause the same to be done) operate, manage, equip, light, repair, replace and maintain the Common Areas for their intended purposes in compliance with all laws. In no event shall use of the Common Areas be conditioned upon payment of parking charges. Tenant and its officers, employees, agents, customers and invitees shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license easement (in common with subtenants, licensees, the other occupants of the Real Property and their employees, agents, customers and invitees) to use the Common Areas for the intended purposes (e.g., parking, access, ingress and enjoy egress). Tenant shall also have the right to use Landlord’s trash receptacle inside Landlord’s Retail Facility and Landlord shall provide Tenant with reasonable access to same during Landlord’s regular business hours. Tenant shall pay Landlord, within thirty (30) days after receiving written notice, annually each year (and commencing within one year after the Commencement Date), $1200.00 representing reimbursement to Landlord for the reasonable costs and expenses incurred by Landlord during each year of the Lease Term in operating, repairing, maintaining and insuring the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionReal Property.
Appears in 1 contract
Common Areas. 4.12.1. In addition to the Premises, Tenant shall have the use of those certain common areas to be designated by the Landlord from time to time on the Property; such areas shall include, but not be limited to, parking areas, access roads and Landlord hereby grants to facilities, interior corridors, sidewalks, driveways and landscaped and open areas (collectively, the “Common Areas”). The use of the Common Areas shall be for the nonexclusive use of Tenant and Tenant, and its ’s employees, customers, patronsagents, suppliers, licensees customers and inviteespatrons, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the SiteProperty and all such other persons to whom Landlord has previously granted, and their respective employeesor may hereinafter grant, customers, patrons, suppliers, licensees and inviteesrights of usage; subject, however at all times provided that such nonexclusive use shall be expressly subject to the Operating Conditions, Rules and Regulations and to any other such reasonable rules and regulations promulgated which may be adopted by the Landlord and from time to time. Tenant shall not be entitled to use the terms and provisions Common Areas for storage of this Leasegoods, vehicles, refuse or any other items. "Landlord reserves the right to alter, modify, enlarge, diminish, reduce or eliminate the Common Areas" shall mean, as they may Areas from time to time existin its sole discretion; provided, those portions however, it does not unreasonably and materially interfere with Tenant’s use and occupancy of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customersPremises. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize modify Common Areas, and if necessary, parts of the Premises, in order to implement new, necessary security measures and Landlord shall endeavor to minimize any adverse effect on Tenant’s use of the Premises. If Tenant shall use any of the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing storage of kiosks and food facilities, landscaping, decorative any items, and Tenant shall pay all fines imposed upon either Landlord or Tenant by any fire, building or other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Lawregulatory body, and such closure Tenant shall not entitle Tenant pay all costs incurred by Landlord to any abatement of Rent. Landlord shall at all times during clear and clean the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any dispose of such areas by reason items, including but not limited to, a disposal fee of the presence of Tenant in DOWNTOWN DISNEY(R)twenty-five dollars ($25.00) for each pallet or other container and fifty dollars ($50.00) for each drum, Tenanttogether with any additional costs for testing and special disposal, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionif required.
Appears in 1 contract
Sources: Lease Agreement (UWM Holdings Corp)
Common Areas. 4.12.1“Common Areas” shall mean the driveways, parking areas, walkways, sidewalk areas, landscaping, service areas, the areas on individual floors in the Building devoted to corridors, fire vestibules, elevators, lobbies, electric and telephone closets, restrooms, loading dock and other similar facilities for the benefit of tenants and invitees and shall also mean those areas of the Building devoted to mechanical and service rooms servicing the Building. Tenant Landlord shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may right from time to time existto designate, those relocate and limit the use of particular areas or portions of DOWNTOWN DISNEY(R) which are exclusive the Common Areas provided that Landlord shall not materially adversely affect visibility of gross leaseable area and other areas which are set aside as the exclusive use areas exterior sign on the Building identifying Tenant, access to or availability of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use Premises, or otherwise materially and adversely interferes with Tenant’s business operations in the Premises. Provided Landlord uses reasonable efforts (which shall not include any obligation to employ labor at overtime rates) to minimize disruption of tenants Tenant’s business during the making of DOWNTOWN DISNEY(R) and their agentsany such changes or alterations, employees, and customersLandlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or abatement of rent arising out of the making of such changes or alterations. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times also have the right to utilize limit or control access to the Common Areas for promotionsBuilding by third parties other than Tenant, exhibitsits employees, outdoor shows, displays, other product shows, the leasing of kiosks customers and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rentpatrons. Landlord shall at all times during provide Tenant with electric and telephone closets within the term of this LeasePremises for Tenant’s exclusive use. Landlord shall not be permitted to enter such electric and telephone closets unless accompanied by Tenant’s representative. Tenant shall, subject to the provisions hereofapproval of Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), have the sole right to an easement on and exclusive management and control under the portion of all the Common Areas shown on Exhibit H for the installation, repair, maintenance, use and may at replacement of a fiber optics telecommunications cable to the Premises. Landlord shall not charge Tenant any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate fees for such installation in Landlord's sole discretion. Tenant shall keep said areas free and clear excess of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of fees that may be charged to Landlord for such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissioninstallation.
Appears in 1 contract
Sources: Lease Agreement (Wilshire Financial Services Group Inc)
Common Areas. 4.12.1. Tenant Use of common areas (“Common Areas”) (defined as the grounds and areas of the Building not including the Apartment) shall have be governed by these RULES AND REGULATIONS and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during any Policies posted on the Term of this Lease, a non-exclusive revocable license to use and enjoy Building or in the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, be used at the driveways, entrances risk of Lessee and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped Lessee’s family and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customersguests. Landlord No guest shall be responsible permitted within the Common Areas unless Lessee is also present. Lessee hereby agrees to indemnify Lessor and holds Lessor harmless against all claims (including attorney’s fees) for the operation, management, personal injury sustained by Lessee and maintenance Lessee’s family and/or guests in their use and enjoyment of the Common Areas. The manner Glass containers pose a serious risk of injury and are prohibited anywhere in which the common areas. In order to use Common Areas Areas, Lessee agrees that:
a). Lessee shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the permit any guests to use Common Areas without Lessee present;
b). Lessee shall use Common Areas in a prudent manner, consistent with the prior approval customary use of Landlord the Common Areas;
c). Lessee shall not use Common Areas in a manner which it may withhold is offensive or dangerous to Lessee or any users of Common Areas; d). Lessee will follow policies as established by Lessor in its sole and absolute discretionconnection with the operation of Common Areas;
e). Landlord Lessor shall at all times have the right to utilize the discontinue providing any or all recreational Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain for any use reason; f). Lessor may not provide attendants or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear supervision of any obstructions created or permitted by Tenant or resulting from Tenant's operationskind for Common Areas;
g). If Lessor has made no representation (i) that Lessor’s representatives have any expertise in the opinion operation of LandlordCommon Areas, (ii) that the Common Areas are fit for any particular purpose or (iii) as to the physical condition and operation of Common Areas; and
h). USE OF COMMON AREAS BY LESSEE SHALL BE WHOLLY AT LESSEE’S OWN RISK.
i.) Garbage and other rubbish shall not be placed in its sole and absolute discretionthe common areas. Lessee may be invoiced $15.00 per trash bag left in the building’s common areas. In connection with Lessee’s use of Common Areas, unauthorized persons Lessee is responsible for:
(i) payment for damages or costs to Lessor from any claim based upon the acts of Lessee or OCCUPANT or Lessee’s guests (which are prohibited from using Common Areas); and
(ii) the legal costs of defending Lessor if any of such areas by reason claim is made against Lessor because of the presence acts of Tenant in DOWNTOWN DISNEY(RLessee or Lessee’s guests (which are prohibited from using Common Areas), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect Lessor has the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit choose the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionattorney who will represent Lessor.
Appears in 1 contract
Sources: Apartment Lease
Common Areas. 4.12.1. Tenant shall have and Landlord hereby grants to TenantAll private sidewalks, and its employeeslighting facilities, customershallways, patronsstairways, supplierslobbies, licensees and inviteeselevators, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area restrooms and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use in common of tenants of DOWNTOWN DISNEY(R) lessees and their customers in the Building (all herein collectively called the “Common Areas”) shall at all times be subject to the exclusive control and management of Landlord; provided, however, that Landlord’s exclusive control and management of the Common Areas shall not be deemed an undertaking by Landlord to ensure or be a guaranty of the safety of Tenant or any of its agents, employees, contractors, customers or invitees, or the property of any such parties. Tenant shall have the non-exclusive right to use the Common Areas, in common with other lessees in the Building, subject to the Rules and customersRegulations (as hereinafter defined). If the size or configuration of the Common Areas is diminished or altered, Landlord shall not be liable to Tenant on account thereof nor shall Tenant be entitled to any compensation or reduction or abatement of the Rent, and any such diminution or alteration shall not be considered a constructive or actual eviction. Tenant also agrees that Landlord shall have the right to do and perform such acts in and to the Common Areas as Landlord, in the exercise of its good faith business judgment, shall determine from time to time to be advisable. Landlord shall be responsible for the operation, management, use commercially reasonable efforts to ensure that Landlord’s control of and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, acts within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers do not materially hinder access to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of nor materially diminish Tenant's ’s quiet enjoyment or possession use of, the Premises. To the extent permitted by law, Tenant may use the Building’s fire stairs connecting the floors of the Premises as convenience stairs for inter-floor access within the Premises. To the extent permitted by law and provided Landlord’s keycards continue to provide access, Tenant may install an internal key card system as part of this right at Tenant’s expense. Landlord may from time to time close require that any such area for repairs or alterationssystem so installed by Tenant be compliant, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Lawcompatible, and such closure installed in a coordinated manner with Landlord’s fire and security systems, including giving the main Building system the ability to lock or unlock the doors in the event of an emergency or test. Tenant’s indemnity obligations under Section 18(a) of the Lease are hereby expanded to include accidents or occurrences in or about the stairwell, in addition to in or about the Premises. At Landlord’s request, Tenant shall not entitle be required to remove Tenant’s card key access system and restore any damage caused thereby upon the expiration or earlier termination of the Lease. Any alterations that Tenant desires to any abatement of Rent. Landlord shall at all times during perform in the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas Building’s stairwells must be compliant with code and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in only be made with Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commission’s prior written consent.
Appears in 1 contract
Sources: Office Building Lease (GrubHub Inc.)
Common Areas. 4.12.1. Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times 7.01 Subject to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall meanSection 5.03, as they may from time Landlord will operate, manage, equip, light, repair and maintain, or cause to time existbe operated, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area managed, equipped, lighted, repaired and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall includemaintained, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotionstheir intended purposes and will enforce the Reciprocal Construction Operation and Easement Agreement, exhibits, outdoor shows, displays, other product shows, between Ground Lessor and the leasing Township of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of RentWeehawken. Landlord shall at all times during reserves the term of this Leaseright, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time, to construct within the Common Areas kiosks, fountains, aquariums, planters, pools and sculptures, and to install vending machines, telephone booths, benches and the like provided same shall not block or interfere with Tenant's means of ingress or egress to and from the Building.
7.02 Tenant and its subtenants and their respective officers, employees, agents, customers and invitees, shall have the non-exclusive right, in common with Landlord and all others to whom such right may have been or may hereafter be granted, but subject to the Rules and Regulations, if any, to use the Common Areas. Landlord reserves the right, at any time during and from time to time, to close temporarily all or any portions of the term hereofCommon Areas (provided that such closure does not unreasonably interfere with Tenant's business at the Demised Premises, restrain any use or occupancy thereof that Landlord deems necessary or appropriate except in cases of emergency) when in Landlord's sole discretionreasonable judgment any such closing is necessary or to (a) permit Hart▇ ▇▇ its successors or assigns or designees to make repairs or changes or to effect construction within the Lincoln Harbor Project; (b) prevent the acquisition of public rights in such areas; or (c) to protect or preserve natural persons or property. Landlord may do such other acts in and to the Common Areas as in its reasonable judgment may be desirable to improve or maintain same, provided, however that Landlord shall not change the standard of maintenance of the Common Areas without Tenant's approval, which approval shall not be unreasonably withheld or delayed. In all such events, Landlord's Work shall be commenced and prosecuted diligently and with as little interference as possible with Tenant's use of the Demised Premises.
7.03 Tenant shall keep said areas free agrees that it, any subtenant or licensee and clear of any obstructions created or their respective officers, employees, contractors and agents will park their automobiles and other vehicles only where and as permitted by Tenant or resulting from Landlord. Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commission.
Appears in 1 contract
Common Areas. 4.12.1. Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to (a) The use and enjoy occupation by Tenant of the Common Areas of DOWNTOWN DISNEY(R) Premises shall include a right to the use in common with Landlord and all other tenants or occupants of any property in the vicinity others entitled thereto of the Sitecommon areas and other facilities as may be designated from time to time by Landlord, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditionshowever, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions conditions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area All common areas and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may facilities not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, which Tenant may be permitted to use and occupy pursuant to this paragraph, are to be used and occupied under a revocable license. If the measure of such areas is diminished by Landlord, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of Rent. rent, nor shall such diminution of such areas be deemed constructive or actual eviction.
(b) Landlord shall at all times during the term of this Lease, subject Lease have the following rights with respect to the provisions hereof, common area and other facilities:
(1) Landlord shall have the sole and exclusive management and control of all Common Areas and may at any time and right from time to time during to alter and modify the term hereof, restrain any common areas and other facilities as it deems desirable in its sole discretion;
(2) Landlord may discontinue the existence of the common area subject to the requirements of laws and ordinances applicable thereto;
(3) Landlord may uniformly promulgate and enforce such rules and regulations relating to the use or occupancy thereof that of the common areas and other facilities as Landlord deems necessary or appropriate desirable. Landlord shall exercise the foregoing rights in Landlordsuch a manner as to minimize the interference with Tenant's sole discretion. beneficial enjoyment of the premises.
(c) Notwithstanding anything to the contrary, during the term of this Lease, Landlord shall at all times operate and maintain the restrooms adjacent to the Premises (as depicted in the attached Exhibit B) and Tenant shall keep said areas free have continuous right of access and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any use of such areas restrooms. Landlord represents, warrants and covenants that such restrooms, including any improvements made by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain be in compliance with all laws and regulations, and built in a good and workmanlike manner with good materials, and the equipment and Landlord services serving such unauthorized use by appropriate proceedings. Nothing herein restrooms shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionbe in good working order.
Appears in 1 contract
Sources: Lease Agreement (Cellular Technical Services Co Inc)
Common Areas. 4.12.1. Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. The term "Common Areas" shall meanmean all areas within the Property which are available for the common use of tenants of the Property from time to time, as they designated by Landlord, and which are not leased or held for the exclusive use of Tenant or other tenants including, but not limited to, loading areas, hallways, entrances, exits, corridors and two (2) passenger elevators. Landlord may, from time to time, change the size, location, nature and use of any of the Common Areas, and convert Common Areas into leasable area but shall use reasonable efforts not to materially and adversely alter access to the Premises, shall use reasonable efforts to minimize disruption of Tenant's business, and shall not reduce the parking ratio below that required by this Lease. Tenant acknowledges that such activities may result in an inconvenience or interruption to Tenant, but that Tenant shall not be entitled to (a) any reduction in rent, except in the event that there is an interruption in Tenant's ability to conduct business for in excess of a consecutive 24 hour period, or (b) damages, notwithstanding any interference or interruption of Tenant's business upon the Premises or any inconvenience caused by construction work. Tenant shall have the non-exclusive right (in common with other tenants, their employees, agents and invitees, and all others to whom Landlord has granted or may grant such rights) to use the Common Areas for the intended purposes, subject to reasonable rules and regulations established by Landlord from time to time. Tenant shall abide by such rules and regulations, shall cause others who use the Common Areas with Tenant's express or implied permission to abide by Landlord's rules and regulations, and shall not interfere with the rights of Landlord, other tenants or any other person entitled to use the Common Areas. Landlord will enforce the rules and regulations in a consistent, non-discriminatory fashion with all tenants, except where leases or circumstances require otherwise. At any time, Landlord may close any Common Area to perform any acts in the Common Area as, in Landlord's reasonable judgment, are desirable to improve the Property or to protect Landlord's rights with respect to the Property. Landlord shall maintain the Common Areas in good order, condition, replacement and repair, subject to reasonable wear and tear. Landlord shall maintain parking spaces for Tenant's use from time to time, which spaces may be provided in common with other tenants and occupants in the Building from time to time existon a first-come, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areasfirst-serve basis. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance number of Tenant's quiet enjoyment or possession parking spaces shall be calculated on the basis of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication four (4.0) spaces per one thousand square feet of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionPremises rentable square footage.
Appears in 1 contract
Common Areas. 4.12.1The term "Common Areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex and interior utility raceways within the Premises that are provided and designated by the Landlord from time to time for the 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. Tenant shall have and Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, customers, patrons, suppliers, licensees shippers, contractors, customers and invitees, during the Term of this Lease, a Lease the non-exclusive revocable license right to use and enjoy use, in common with others entitled to such use, the Common Areas of DOWNTOWN DISNEY(R) in common with as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord and all other tenants under the terms hereof or occupants under the terms of any property 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, temporarily or permanently, in the vicinity 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 revoked at any time. In the event that any unauthorized storage shall occur, then Landlord shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the SiteCommon Areas and shall have the right, from time to time, to establish, modify, amend and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other enforce reasonable rules and regulations promulgated by with respect thereto. Landlord and to shall have the terms and provisions of this Lease. "Common Areas" shall meanright, as they may in Landlord's sole discretion, from time to time exist, those portions of DOWNTOWN DISNEY(Rtime: (i) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of to make changes to the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicleschanges in the location, within the Common Areas without the prior approval size, shape and number of Landlord which it may withhold in its sole driveways, entrances, parking spaces, parking areas, loading and absolute discretion. Landlord shall at all times have the right unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways and utility raceways; (ii) to utilize close temporarily any of the Common Areas for promotionsmaintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas; (iv) to add additional building and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, exhibits, outdoor shows, displays, other product shows, repairs or alterations to the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers toBuilding Complex, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar any portion thereof; and (vi) to do and related furniture, fixtures perform such other acts and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any make such area for repairs or alterationsother changes in, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, subject with respect to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereofBuilding Complex as Landlord may, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion exercise of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time sound business judgment deem to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionbe appropriate.
Appears in 1 contract
Common Areas. 4.12.1. Tenant shall have The “Common Areas” consist of certain not leased areas and Landlord hereby grants facilities outside the Premises and within the exterior boundary line of the Property and interior utility raceways and installations that are designated by Lessor to Tenantbe for the general nonexclusive use of Lessor, Lessee, all other lessees of the Property, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term each of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, suppliers, shippers, customers, patronscontractors, suppliers, licensees and invitees; subject. The Common Areas include but are not limited to parking areas, however at all times to the Operating Conditionscertain loading and unloading areas, Rules garbage and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking debris disposal areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areasdriveways, and all other areas landscaped areas. Lessee and Lessee’s employees, suppliers, shippers, contractors, customers, and invitees have the nonexclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Lessor under the terms hereof or improvements which may be provided by Landlord for under the general terms of the Rules and Regulations or restrictions governing the use of tenants of DOWNTOWN DISNEY(R) and their agentsthe Property. Under no circumstances does the right to use the Common Areas include the right to store any property, employeeseither temporarily or permanently, and customers. Landlord shall be responsible for the operation, management, and maintenance of in the Common Areas. The manner in Any such storage will be permitted only by the prior written consent of Lessor, which the Common Areas shall consent will be maintained and expenditures in connection therewith shall be at within the sole discretion of LandlordLessor and may be revoked at any time. Tenant may not place anythingIf any unauthorized storage occurs, includingLessor will have the absolute right, without limitation, vehicles, within notice and in addition to the Common Areas without the prior approval of Landlord which other rights and remedies that it may withhold in its sole and absolute discretion. Landlord shall otherwise have at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, law or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of under this Lease, subject to remove the provisions hereofproperty to Lessee’s Premises or a storage area and to charge the cost to Lessee, have the sole and exclusive management and control of all Common Areas and may which cost will be immediately payable upon demand by Lessor or dispose off at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole Lessors discretion. Tenant shall keep said areas free and clear The removal will not be considered any form of bailment. Lessor is not liable for any obstructions created damage that may occur during any removal, moving, handling, misplacing, stealing or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any storing of such areas by reason property. After 30 days of storage, the presence property will be deemed abandoned and Lessor may dispose of Tenant it in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, any manner without any liability to Lessee and Lessee shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect remain liable for the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionstorage fees.
Appears in 1 contract
Sources: Industrial Lease (Jetblack Corp)
Common Areas. 4.12.1. In addition to the Premises, Tenant shall have and Landlord hereby grants the use of those certain common areas to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated be reasonably designated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time existon the Property (collectively, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and “Common Areas”). Such Common Areas shall include, without limitation, the driveways, entrances and exits, parking areas, roadwaysaccess roads and facilities, pedestrian passageways, bridgesinterior corridors and other common areas of the Building, sidewalks, walkways, roofs, loading docks, delivery areas, driveways and landscaped and streetscaped open areas. The Common Areas shall be for the non‑exclusive use of Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord, with all other areas tenants of the Property and with all other persons to whom Landlord has previously granted, or improvements may hereafter grant, rights of usage. Such non‑exclusive use shall be expressly subject to such reasonable rules and regulations which may be provided adopted by Landlord for from time to time. Landlord reserves the general right to alter, modify, enlarge, diminish, reduce or eliminate the Common Areas from time to time in its sole discretion, so long as no such action unreasonably and materially interferes with Tenant’s use and occupancy of tenants of DOWNTOWN DISNEY(R) the Premises and their agents, employees, and customersthe Parking Facilities. Landlord shall be responsible for have the operation, managementright to modify Common Areas, and maintenance if necessary, parts of the Premises, in order to implement any necessary improvements, and Landlord shall endeavor to minimize any adverse effect on Tenant’s use of the Premises. Tenant shall ensure that its use of the Premises and the Property does not block or interfere with any other tenants’ access to or use of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize use the Common Areas for promotionsstorage of goods, exhibitsvehicles, outdoor shows, displays, refuse or any other product shows, items. If Tenant uses any of the leasing Common Areas for storage of kiosks and food facilities, landscaping, decorative any items, and subject to any and all regulatory or municipal codes, laws and regulations, Tenant shall pay all fines imposed upon either Landlord or Tenant by any fire, building or other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Lawregulatory body, and such closure Tenant shall not entitle Tenant pay all costs incurred by Landlord to any abatement of Rent. Landlord shall at all times during clear and clean the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any dispose of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionitems.
Appears in 1 contract
Sources: Lease Agreement (Inogen Inc)
Common Areas. 4.12.1. Tenant shall have and Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, customers, patrons, suppliers, licensees shippers, customers and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the provisions hereofterms hereof or under the terms of any rules and regulations or restrictions governing the use of the Project. Except as otherwise provided herein, under no circumstances shall the right herein granted to use the Common Area be deemed to include the right to store any property, temporarily or permanently, in the Common Area or to construct or install any improvements in the Common Area. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, the Landlord shall have the sole right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be immediately payable by Tenant to Landlord upon demand by Landlord. Landlord or such other person(s) as Landlord may appoint, shall have the exclusive control and management and control of all the Common Areas and may at any time and shall have the right, from time to time during time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Tenant agrees to abide by and conform to all such rules and regulations, as well as any private conditions, covenants, and restrictions of public record now or hereafter affecting the term hereofPremises and any amendment thereof, restrain any use and to cause its employees, suppliers, shippers, customers and invitees to abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with said rules and regulations by other tenants or occupancy thereof that authorized users of the Project. Any failure by Tenant or its agents, employees or representatives to observe and comply with the rules and regulations established by Landlord deems necessary or appropriate with respect to the Common Areas shall be a default by Tenant hereunder. Landlord shall have the right in Landlord's sole discretion. Tenant shall keep said , from time to time: (i) to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas free and clear walkways; (ii) to close temporarily any of the Common Areas for maintenance purposes, so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Project to be a part of the Common Areas; (iv) to add additional buildings and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Project, or any portion thereof; (vi) to close, at reasonable times, all or any portion of the parking areas for any reasonable purpose, including without limitation, the prevention of a dedication thereof, or the accrual of the rights of any obstructions created person or permitted by Tenant public therein; and, (vii) to do and perform such other acts and make such other changes in, to or resulting from with respect to the Common Areas and the Project as Landlord may, in the exercise of sound business judgment, deem to be appropriate. Notwithstanding the foregoing, Landlord shall not be entitled to take any action pursuant to this Paragraph, if such action will materially interfere with Tenant's operations. If in the opinion of Landlord, in its sole use and absolute discretion, unauthorized persons are using any of such areas by reason enjoyment of the presence Premises pursuant hereto. Building means the building in which the Premises are located, identified as ▇▇▇ ▇▇▇▇▇ ▇▇▇▇, Sunnyvale, California. The total Rentable Area of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionBuilding is 105,285 square feet.
Appears in 1 contract
Sources: Lease (Intuitive Surgical Inc)
Common Areas. 4.12.1. Tenant shall have and (a) Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, customers, patrons, suppliers, licensees shippers, customers and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the provisions hereofterms hereof or under the terms of any rules and regulations or restrictions governing the use of the Project. Under no circumstances shall the right herein granted to use the Common Area be deemed to include the right to store any property, temporarily or permanently, in the Common Area or to construct or install any improvements in the Common Area. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, the Landlord shall have the sole right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be immediately payable by Tenant to Landlord upon demand by Landlord.
(b) Landlord or such other person(s) as Landlord may appoint, shall have the exclusive control and management and control of all the Common Areas and may at any time and shall have the right, from time to time during time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Tenant agrees to abide by and conform to all such rules and regulations, as well as any private conditions, covenants, and restrictions of public record now or hereafter affecting the term hereofPremises and any amendment thereof, restrain any use and to cause its employees, suppliers, shippers, customers and invitees to abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with said rules and regulations by other tenants or occupancy thereof that authorized users of the Project. Any failure by Tenant or its agents, employees or representatives to observe and comply with the rules and regulations established by Landlord deems necessary or appropriate with respect to the Common Areas shall be a default by Tenant hereunder.
(c) Landlord shall have the right in Landlord's sole discretion. Tenant shall keep said , from time to time: (i) to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas free and clear walkways; (ii) to close temporarily any of the Common Areas for maintenance purposes, so long as reasonable access to the Premises remains available; (iii) to designate other land outside the boundaries of the Project to be a part of the Common Areas; (iv) to add additional buildings and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Project, or any portion thereof; (vi) to close, at reasonable times, all or any portion of the parking areas for any reasonable purpose, including without limitation, the prevention of a dedication thereof, or the accrual of the rights of any obstructions created person or permitted by Tenant public therein; and, (vii) to do and perform such other acts and make such other changes in, to or resulting from Tenant's operations. If with respect to the Common Areas and the Project as Landlord may, in the opinion exercise of Landlordsound business judgment, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time deem to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionbe appropriate.
Appears in 1 contract
Common Areas. 4.12.1. Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of (a) As used in this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. term "Common Areas" shall meanmean those ------------ portions of, and facilities within, the Shopping Center which are intended for the common non-exclusive use of the occupants, their customers, agents and employees including, without limitation, parking areas, driveways, malls, walkways, loading zones and landscaping. Prior to the Commencement Date, Landlord shall construct the Common Areas of the Shopping Center substantially as shown on Exhibit A attached hereto, subject to such modifications as are --------- desired by Landlord, provided that Tenant's prior written approval thereof is obtained, which approval shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant, as they well as its agents, employees and customers (collectively, "Customers"), shall have and are granted complete, nonexclusive --------- and undisturbed access to, and use of all Common Areas. Tenant's use of the Common Areas shall be subject to such reasonable, non-discriminatory rules and regulations as may be promulgated and thereafter amended and supplemented by Landlord from time to time existas Landlord deems necessary or advisable for proper and efficient use, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, operation and maintenance of the Common Areas. The manner in which the Common Areas , provided that all such rules and regulations shall be maintained subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed and expenditures in connection therewith no event shall such rules and regulations increase the monetary obligations owing from Tenant to Landlord under this Lease. Except as may be at required by Law, in no event shall there ever be a charge for use of the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, parking facilities within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretionCenter. If any such charge is required by applicable Law, Landlord shall at all times have the right establish systems of validation to utilize the Common Areas enable Tenant to provide parking without charge for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract its customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R)using such parking facilities for a reasonable period not less than three (3) hours. * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time establish, as a part of the rules subject to the Tenant's approval as set forth in the initial sentence of this Section, such employee parking systems (which shall be free of any charge to Tenant or its employees, unless such a charge is required by applicable Law, in which event such charge shall be borne by Landlord) as are not unreasonably burdensome to the operation of Tenant's business, and provide sufficient means of transportation and security for access to and use of such employee parking. Without limiting the generality of the foregoing, Tenant shall use commercially reasonable efforts to cause its employees to park within the employee parking areas designated by Landlord to the north, northeast and west of the Premises but not within the portion of the Shopping Center which is both (x) south of the Premises and (y) east of main drive aisle into the Shopping Center from Foothill Boulevard (between Pad building "A" and "C" as shown on Exhibit A). Landlord shall use reasonable ---------- efforts to prevent use of the Common Areas by other than Shopping Center occupants and their Customers. Landlord shall cause the Common Areas to be maintained and operated in a first-class, professional manner and condition as is customary and appropriate for the operation of first-class retail centers comparable to the Shopping Center in the vicinity of the Shopping Center. So long as access, parking and other essential services are reasonably available so as to avoid any adverse affect upon the operation of Tenant's business from the Premises, Landlord may at any time (i) close any such area for of the Common Areas to make repairs or alterationschanges or to such extent as may, in Landlord's reasonable opinion, be necessary to prevent a dedication of thereof or the accrual of prescriptive rights to any person or to the public therein, (ii) close temporarily any or for any other reason permitted by Lawall of the Common Areas to discourage non-customer parking, and (iii) perform such closure shall not entitle Tenant other acts in and to any abatement the Common Areas as, in Landlord's good business judgment, are advisable to improve the use thereof by occupants and tenants, their employees and invitees, so long as the same is effected in a manner to minimize interference with the operation of Rentbusiness of the occupants of the Shopping Center including, without limitation, Tenant. Landlord shall at all times maintain the Common Areas well lighted during the term of this Lease, subject Tenant's normal business hours and until 11:00 P.M. every day.
(c) Subject to the provisions hereofof this Section 9(c), have the sole and exclusive management and control of all Common Areas and Landlord may at any time and from ------------ time to time during add land to or eliminate land from the term hereofShopping Center, restrain or eliminate or add any improvements, or change or consent to a change in the shape, size, location, number, height or extent of the improvements to any portion of the Shopping Center; provided, however, that Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, shall be required for any such change which would have an adverse affect upon Tenant's use or occupancy thereof that of or operation from the Premises, parking areas serving the Premises, or pedestrian or vehicular access to the Premises from the Common Areas and/or public rights-of-way adjacent thereto. Landlord deems necessary shall not change the dimensions or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason location of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionPremises.
Appears in 1 contract
Sources: Lease (Sport Chalet Inc)
Common Areas. 4.12.1. Tenant shall have and A. In addition to the Demised Premises, Landlord hereby grants to Tenant, and its employeesagents, customers, patrons, suppliers, licensees employees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the SiteIndustrial Park, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employeesemployees and invitees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize use the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, parking areas and roadways in and at the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during Industrial Park throughout the term of this Lease, . Tenant agrees that the Common Areas described in this provision shall be subject to the provisions hereof, exclusive control and management of Landlord and Landlord shall have the sole right to establish, modify and exclusive management enforce reasonable rules and control regulations with respect to such common areas, by which rules and regulations Tenant hereby agrees to abide, provided that said rules do not unreasonably interfere with Tenant's use of the Demised Premises.
B. Tenant's occupancy of the Demised Premises shall include the use of not more than thirty-six (36) parking spaces adjacent to and near the Demised Premises. However, there shall be no overnight parking of any other vehicles without the Landlord's prior, written consent. Vehicles parked overnight without the Landlord's consent shall be towed and stored at the owner's expense.
C. Tenant shall use all Common Areas in a reasonable, orderly and may at any time sanitary manner and shall use its best efforts to secure compliance under this provision from time to time during the term hereofits agents, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretionemployees and invitees. In addition, Tenant shall keep said areas free conduct itself and clear will cause its agents, employees and invitees to conduct themselves with full regard for the rights, convenience and welfare of all other tenants of the Industrial Park, their agents, employees and invitees
D. Landlord shall have the right to close all or any part of the Common Areas described herein for such time as may be necessary to prevent the dedication thereof or the accrual of any obstructions created rights in any person or permitted by Tenant entity, to clean and repair such Common Areas, or resulting from Tenant's operations. If to do anything else which in the opinion sole discretion of Landlord seems reasonable and necessary to further or protect the best interests of Landlord, Tenant, and all other persons or entities who are entitled to use such Common Areas.
E. Landlord may, in its sole and absolute discretion, unauthorized persons are using any of make such areas by reason changes, modifications or additions to the Common Areas, including without limitation, the parking areas, as it deems reasonable and necessary, provided that said changes, modifications or additions do not unreasonably interfere with Tenant's use of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionDemised Premises.
Appears in 1 contract
Common Areas. 4.12.1. Tenant shall have and 30.1 Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, customers, patrons, suppliers, licensees shippers, customers and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the provisions hereofterms hereof or under the terms of any rules and regulations or restrictions governing the use of the Project. Under no circumstances shall the right herein granted to use the Common Area be deemed to include the right to store any property, temporarily or permanently, in the Common Area or to construct or install any improvements in the Common Area. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord’s designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, the Landlord shall have the sole right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be payable by Tenant to Landlord within 30 days after demand by Landlord.
30.2 Landlord or such other person(s) as Landlord may appoint, shall have the exclusive control and management and control of all the Common Areas and may at any time and shall have the right, from time to time during the term hereoftime, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretionto establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Tenant agrees to abide by and conform to all such rules and regulations, as well as any private conditions, covenants, and restrictions of public record now or hereafter affecting the Premises and any amendment thereof, and to cause its employees, suppliers, shippers, customers and invitees to abide and conform, provided that such rules and restrictions shall keep not increase Tenant’s costs or materially impair Tenant’s rights or materially increase Tenant’s obligations under this Lease. Landlord shall not be responsible to Tenant for the non-compliance with said areas free rules and clear regulations by other tenants or authorized users of any obstructions created or permitted the Project. Any failure by Tenant or resulting from Tenant's operations. If in its agents, employees or representatives to observe and comply with the opinion of Landlordrules and regulations established by Landlord with respect to the Common Areas, in its sole and absolute discretion, unauthorized persons are using any which failure continues or persists after written notice by Landlord to Tenant of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlordfailures, shall restrain such unauthorized use be a default by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionTenant hereunder.
Appears in 1 contract
Sources: Lease Agreement (Calix Networks Inc)
Common Areas. 4.12.1. Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of (a) As used in this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. term "Common Areas" shall meanmean those ------------ portions of, and facilities within, the Shopping Center which are intended for the common non-exclusive use of the occupants, their customers, agents and employees including, without limitation, parking areas, driveways, malls, walkways, loading zones and landscaping. Prior to the Commencement Date, Landlord shall construct the Common Areas of the Shopping Center substantially as shown on Exhibit A attached hereto, subject to such modifications as are --------- desired by Landlord, provided that Tenant's prior written approval thereof is obtained, which approval shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant, as they well as its agents, employees and customers (collectively, "Customers"), shall have and are granted complete, nonexclusive ---------- and undisturbed access to, and use of all Common Areas. Tenant's use of the Common Areas shall be subject to such reasonable, non-discriminatory rules and regulations as may be promulgated and thereafter amended and supplemented by Landlord from time to time existas Landlord deems necessary or advisable for proper and efficient use, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, operation and maintenance of the Common Areas. The manner in which the Common Areas , provided that all such rules and regulations shall be maintained subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed and expenditures in connection therewith no event shall such rules and regulations increase the monetary obligations owing from Tenant to Landlord under this Lease. Except as may be at required by Law, in no event shall there ever be a charge for use of the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, parking facilities within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretionCenter. If any such charge is required by applicable Law, Landlord shall at all times have the right establish systems of validation to utilize the Common Areas enable Tenant to provide parking without charge for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract its customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R)using such parking facilities for a reasonable period not less than three (3) hours. * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time establish, as a part of the rules subject to the Tenant's approval as set forth in the initial sentence of this Section, such employee parking systems (which shall be free of any charge to Tenant or its employees, unless such a charge is required by applicable Law, in which event such charge shall be borne by Landlord) as are not unreasonably burdensome to the operation of Tenant's business, and provide sufficient means of transportation and security for access to and use of such employee parking. Without limiting the generality of the foregoing, Tenant shall use commercially reasonable efforts to cause its employees to park within the employee parking areas designated by Landlord to the north, northeast and west of the Premises but not within the portion of the Shopping Center which is both (x) south of the Premises and (y) east of main drive aisle into the Shopping Center from Foothill Boulevard (between Pad building "A" and "C" as shown on Exhibit A). Landlord shall use reasonable --------- efforts to prevent use of the Common Areas by other than Shopping Center occupants and their Customers. Landlord shall cause the Common Areas to be maintained and operated in a first-class, professional manner and condition as is customary and appropriate for the operation of first-class retail centers comparable to the Shopping Center in the vicinity of the Shopping Center. So long as access, parking and other essential services are reasonably available so as to avoid any adverse affect upon the operation of Tenant's business from the Premises, Landlord may at any time (i) close any such area for of the Common Areas to make repairs or alterationschanges or to such extent as may, in Landlord's reasonable opinion, be necessary to prevent a dedication of thereof or the accrual of prescriptive rights to any person or to the public therein, (ii) close temporarily any or for any other reason permitted by Lawall of the Common Areas to discourage non-customer parking, and (iii) perform such closure shall not entitle Tenant other acts in and to any abatement the Common Areas as, in Landlord's good business judgment, are advisable to improve the use thereof by occupants and tenants, their employees and invitees, so long as the same is effected in a manner to minimize interference with the operation of Rentbusiness of the occupants of the Shopping Center including, without limitation, Tenant. Landlord shall at all times maintain the Common Areas well lighted during Tenant's normal business hours and until 11:00 P.M. every day (and until midnight during the term month of this Lease, subject December).
(c) Subject to the provisions hereofof this Section 9(c), have the sole and exclusive management and control of all Common Areas and Landlord may at any time and from ------------ time to time during add land to or eliminate land from the term hereofShopping Center, restrain or eliminate or add any improvements, or change or consent to a change in the shape, size, location, number, height or extent of the improvements to any portion of the Shopping Center; provided, however, that Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, shall be required for any such change which would have an adverse affect upon Tenant's use or occupancy thereof that Landlord deems necessary of or appropriate in Landlord's sole discretion. Tenant shall keep said operation from the Premises, parking areas free and clear serving the Premises, the visibility of any obstructions created or permitted by Tenant or resulting from the Premises and/or Tenant's operationsexterior signage from the Common Areas exterior to the Premises and/or public rights-of-way adjacent thereto, or pedestrian or vehicular access to the Premises from the Common Areas and/or public rights-of-way adjacent thereto. If in Landlord shall not change the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason dimensions or location of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, Premises. In no event shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect any kiosks be located within the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionCommon Areas.
Appears in 1 contract
Sources: Lease (Sport Chalet Inc)
Common Areas. 4.12.1(a) All common areas and other common facilities made available from time to time by Landlord in or about the Property (collectively, “Common Areas”) shall be subject to the exclusive control and management of Landlord. Common Areas shall include all areas, space, facilities, equipment, signs, and special services from time to time made available for the common and joint use and benefit of Landlord, Tenant, and other tenants and occupants of the Property, such as sidewalks, parking areas, access roads, driveways, landscaped areas, truck service ways, loading docks that are not exclusive to one tenant or group of tenants, and utility facilities. Exhibit “A-1” sets forth the layout of the Common Areas, buildings, and improvements of the Property (collectively the “Property Improvements”), but this diagram shall not be deemed to be a warranty on the part of Landlord that the Property Improvements will be constructed or maintained in accordance with this layout. Landlord shall have the right to expand the Property Improvements to adjoining or nearby property and to add to, remove, relocate, replace, and/or otherwise change the Common Areas or any other Property Improvements as currently existing or as may be later constructed and to make all such other changes to the size, location, and arrangement of the Common Areas or any other Property Improvements as Landlord deems advisable.
(b) Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R(as they exist now or at any time during the Term may exist) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Sitetenants, occupants, and their respective employeesother parties that Landlord allows to use the Property, customersprovided that such use by Tenant shall be for access and parking only. Landlord agrees to operate and maintain the Common Areas in a manner consistent with good commercial real estate practice. Landlord will have the right to (i) establish, patronsmodify, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other enforce reasonable rules and regulations promulgated by Landlord with respect to the Property and Common Areas; (ii) close all or any portion of the Common Areas to prevent the acquisition of public rights therein, for construction, or for other purposes; and (iii) perform or permit such other acts in and to the terms Common Areas that Landlord in the exercise of good business judgment deems to be advisable. A copy of Landlord’s current Rules and provisions Regulations are attached hereto as Exhibit “B” and made a part hereof.
(c) Tenant acknowledges that it shall have no right of access to Columbus International Airport by virtue of this Lease. "Common Areas" shall mean, as they Any such access may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may only be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, subject pursuant to the provisions hereof, have terms of a separate agreement between Tenant and the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionColumbus International Airport Authority.
Appears in 1 contract
Sources: Lease Agreement (DSW Inc.)
Common Areas. 4.12.1. Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during During the Term of this Lease, a Tenant shall be entitled to the non-exclusive revocable license to use and enjoy the Common Areas use, free of DOWNTOWN DISNEY(R) charge, but in common with Landlord and all other tenants or occupants of any property in the vicinity others, of the Sitedriveways, footways, and their respective employeesparking areas presently existing, customers, patrons, suppliers, licensees and invitees; subject, however at all times provided that such use shall be subject to the Operating Conditions, Rules and Regulations and to any other such reasonable rules and regulations promulgated by as Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area prescribe; and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. further that Landlord shall at all times have full and exclusive control, management and direction of said driveways, footways, and parking areas. Landlord shall further have the right to utilize police them; to restrict parking by Tenants, their officers, agents and employees; to close temporarily all or any portion of the Common Areas parking areas or facilities as may be required for promotionsproper maintenance and/or repair; to discourage non-customer parking; and to do and perform such other acts in and to such areas as, exhibits, outdoor shows, displays, other product showsin the use of its business judgment, the leasing of kiosks Landlord shall determine to be advisable in order to improve or make more convenient the use thereof by tenants, their officers, agents, employees and food facilitiescustomers. Tenant shall be responsible for taking all reasonable measures to ensure that its customers, landscaping, decorative items, guests and any other use which, in Landlord's sole judgment, tends invitees comply with the rules and regulations applicable to attract customers tothe common areas and refrain from loitering in, or benefit damaging the customers or tenants of DOWNTOWN DISNEY(R)common areas. * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close change the location, layout and arrangement of the parking areas, driveways and footways and reduce them by erecting thereon buildings or other structures or improvements of any such area for repairs or alterationskind including, but not limited to, extensions to prevent a dedication the Center and modifications to the Building; provided that the convenience of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure parking facilities available to Tenant shall not entitle Tenant to any abatement of Rent. Landlord be substantially prejudiced thereby; and provided further that there shall at all times during be provided such parking facilities as meet local governmental requirements. Landlord shall provide reasonable illumination for the term aforesaid driveways, footways and parking areas, and will keep them in reasonable repair and reasonably free of this Lease, subject to the provisions hereof, have the sole litter and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionsnow.
Appears in 1 contract
Sources: Lease Agreement (Telvent Git S A)
Common Areas. 4.12.1The term "Common Areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Project that are provided and designated by Landlord from time to time for the general non-exclusive use of Landlord, Tenant and of other occupants of the Project an their respective employees, suppliers, shippers, customers and invitees, which may include, without limitation, parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Tenant shall have and Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, customers, patrons, suppliers, licensees shippers, customers and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers and privileges reserved by Landlord under the provisions hereofterms of this Lease or under the terms of any rules or regulations or restrictions governing the use of the Project. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include, the right to store any property, temporarily or permanently, in the Common Areas. In the event that any such storage shall occur, then Landlord shall have the sole right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost thereof to Tenant, which cost shall be immediately payable as additional rent upon demand by Landlord. Landlord or such other person(s) as Landlord may appoint, shall have the exclusive control and management and control of all the Common Areas and may at any time and shall have the right, from time to time during time, to establish, modify, amend and enforce reasonable rules and regulations with respect to the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretionCommon Areas. Tenant agrees to abide by and conform to all such rules and regulations, and to cause its employees, suppliers, shippers, customers and invitees to so abide and conform. Landlord shall keep said areas free not be responsible to Tenant for the non-compliance with such rules or regulations by other tenants and clear users of any obstructions created or permitted by Tenant or resulting from Tenant's operationsthe Project. If in Landlord shall have the opinion of Landlordright, in its sole and absolute discretion, unauthorized persons are using from time to time (a) to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways, so long as reasonable access to the Premises remains available; (b) to close temporarily any of such areas the Common Areas for maintenance and/or repair purposes or to prevent the acquisition of rights in the Common Areas by reason other persons or entities, so long as reasonable access to the Premises remains available; (c) to designate other land outside the boundaries of the presence Project to be a part of Tenant the Common Areas; (d) to add additional buildings and improvements to the Common Areas; (e) to use the Common Areas while engaged in DOWNTOWN DISNEY(R)making additional improvements, Tenantrepairs or alterations to the Project, upon demand or any portion thereof; and (f) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and/or Project as Landlord may, in the exercise of Landlordcommercially reasonable business judgment, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time deem to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionbe appropriate.
Appears in 1 contract
Common Areas. 4.12.1. Tenant shall have From and Landlord hereby after the Commencement Date (as defined below), Lessor grants to TenantLessee, for the benefit of Lessee and its employees, customers, patrons, suppliers, licensees shippers, contractors, customers and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas (as defined below) as they exist from time to time, subject to any rights, powers, and privileges reserved by Lessor under the provisions hereof, have terms hereof or under the sole terms of any rules and exclusive management regulations or restrictions governing the use of the Project. The term “Common Areas” is defined as all areas and control facilities outside the Premises and within the exterior boundary line of all Common Areas Lot 1 and may at any time interior utility raceways and installations within the Premises that are provided and designated by the Lessor from time to time during for the term hereofgeneral non-exclusive use of Lessor, restrain Lessee and other tenants of the Project and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, loading and unloading areas, trash areas, roadways, walkways, driveways and landscaped areas. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any use property, temporarily or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If permanently, in the opinion Common Areas. Any such storage shall be permitted only by the prior written consent of LandlordLessor or Lessor’s designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur then Lessor shall have the right, without notice, in its sole addition to such other rights and absolute discretionremedies that it may have, unauthorized persons are using any of to remove the property and charge the cost to Lessee, which cost shall be immediately payable upon demand by Lessor. Lessor or such areas by reason other person(s) as Lessor may appoint shall have the exclusive control and management of the presence of Tenant in DOWNTOWN DISNEY(R)Common Areas and shall have the right, Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any from time to remove any such unauthorized person from such areas time, to establish, modify, amend and enforce reasonable rules and regulations (“Rules and Regulations”) for the management, safety, care, and cleanliness of the grounds, the parking and unloading of vehicles and the preservation of good order, as well as for the convenience of other occupants or tenants of the Building and the Project and their invitees. Attached hereto as Exhibit C are the Rules and Regulations in effect as of the date of this Lease. Lessee agrees to prohibit abide by and conform to the use of any such areas by unauthorized personsRules and Regulations and to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with Lessor shall not be responsible to Lessee for the Securities and Exchange Commission.non-compliance with
Appears in 1 contract
Sources: Lease (Zulily, Inc.)
Common Areas. 4.12.1. Tenant shall have (a) All areas, space, equipment and Landlord hereby grants to Tenantservices provided by Lessor, and its employeesif any, customers, patrons, suppliers, licensees and invitees, during for the Term of this Lease, a non-exclusive revocable license to common use and enjoy benefit of Lessor and the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the SiteBuilding, and their respective employees, customersagents, patronscustomers and invites, suppliersincluding without limiting the generality of the foregoing, licensees exterior Building surfaces, support and invitees; subjectall structural elements, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exitsroof, parking areas, roadwaysdriveways, pedestrian passageways, bridges, sidewalks, walkways, roofspassages, loading docks, delivery sidewalks, ramps, open and enclosed courts and halls, landscaped areas, landscaped signs (except for Lessee's sign, if any, as described in Paragraph 37 herein below), exterior stairways, retaining walls, rest-rooms not located within the leased premises of any tenant and streetscaped other areas and improvements provided by Lessor for the common use of Lessor and tenants shall be deemed "Common Area", and shall be subject to the exclusive control and management of Lessor. Lessor shall have the right to police the Common Areas; to change the area level, location and arrangement of parking areas, and other facilities; to reasonably restrict parking by Lessee; to close all other or any portions of said Common Areas or facilities to such extent as may be legally sufficient to prevent a dedication thereof or the accrual of any right to any person or the public therein; and to temporarily close all or any portion of the parking areas or facilities to discourage non-customer parking. Lessor shall also have the right to make changes, additions, deletions, alterations and improvements which may be provided by Landlord for in and to the general use of tenants of DOWNTOWN DISNEY(R) and their agentsCommon Areas, employeesor any portion thereof, and customers. Landlord there shall be responsible for no reduction in the operationrent or other sums due under this Lease as a result of any of the same except any decrease or change in parking spaces requires Lessee's written consent. Lessor shall operate and maintain the Common Areas in such manner as Lessor in its discretion shall determine, management, and Lessor shall have full right and authority to employ and discharge all personnel with respect to the operation and maintenance of the Common Areas. The manner in Lessee agrees to comply with all rules and regulations which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close be promulgated by Lessor with respect to the operation and use of the Common Area services being furnished the Building unless due to the negligence of Lessor, provided no such failure or interruption shall entitle Lessee to terminate this Lease or entitle Lessee to any such area right of setoff against the payment of rent or any other sums due from Lessee under this Lease.
(b) Lessor shall not be liable for repairs any damage of any nature whatsoever to, or alterationsany theft of, to prevent a dedication of automobiles or other vehicles or the accrual contents thereof, while in or about the parking areas located within the Common Areas or the property, unless caused by negligence of prescriptive rights thereinLessor.
(c) Notwithstanding anything herein to the contrary, Lessor shall not be obligated to provide any type of security in or about the Premises, the Common Areas, the Building or the Property for Lessee, its customers, guests, contractors, concessionaires, agents, lessees or invitees, or for any other reason permitted by Lawguarantee the safety or security of Lessee, and such closure shall not entitle Tenant its customers, guests, contractors, concessionaires, agents, lessees or invitees. If Lessor is made a party to any abatement litigation commenced as a result of Rent. Landlord Lessor's alleged failure to provide security personnel for Lessee, its customers, guests, contractors, concessionaires, agents, lessees or invitees, then Lessee shall at protect, defend and hold Lessor harmless and shall pay all times during the term of this Leasecosts, subject to the provisions hereofexpenses and attorney's fees incurred or paid by Lessor in connection with such litigation, have the sole and exclusive management and control of including all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionappeals therefrom.
Appears in 1 contract
Sources: Lease Agreement (Divine Skin Inc.)
Common Areas. 4.12.1. Tenant shall have and 4.1 Landlord hereby grants to Tenantmay, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time existtime, those portions make available, within the boundaries of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall includebuilding project, without limitationsuch parking facilities, the driveways, entrances and exitsexits thereto, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped landscape and streetscaped planted areas, and all other areas improvements and facilities, whether similar or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agentsdissimilar, employees, and customers. as Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during deem appropriate (all the foregoing being collectively referred to in this Lease as "Common Areas"). Tenant and its officers, employees, agents, customers and invitees shall have a nonexclusive right, in common with Landlord and all others to whom Landlord has granted or may hereafter grant rights, to use the Common Areas. The Common Areas 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 the Common Areas, and Tenant agrees, after notice thereof, to abide by such rules and regulations and to cause its officers, employees, agents, customers and invitees to conform thereto.
4.2 With respect to the parking of vehicles at the building project:
(i) Throughout the term hereofof the Lease, restrain so long as Tenant is not in default of any of the terms of this Lease, Landlord shall make available to Tenant unreserved parking space at no charge for thirty-five (35) cars, which shall be located in the parking lots surrounding the Building. If Tenant or its invitees use more than the specified number of spaces set forth above, then after five (5) days notice from Landlord, Tenant shall, at the option of Landlord, either (i) pay Landlord $40 per month for each additional space used for each month during which such excess use takes place (so long as such use is for more than half a month), or occupancy thereof that (ii) cease and desist immediately from using said additional spaces. If Landlord deems necessary selects the first of such options, Landlord may revoke such choice on thirty (30) days notice.
(ii) Tenant, its personnel and visitors shall not at any time park any large trucks or appropriate delivery vehicles, other than loading or unloading, in any of the parking areas.
(iii) All use of parking spaces and any other parking areas by Tenant, its personnel and visitors will be at their own risk, and Landlord shall not be liable for any injury to person or property, or for loss or damage to any vehicle or its contents, resulting from theft, collision, vandalism or any other cause whatsoever, other than gross negligence or intentional tort on the part of Landlord's sole discretion. .
(iv) There shall be no overnight parking, and Tenant shall keep said areas free cause its personnel and clear visitors to remove their vehicles from the parking area at the end of the working day. If any obstructions created or permitted vehicles owned by Tenant or resulting from Tenant's operations. If by its personnel or visitors remains in the opinion parking area overnight and the same interferes with the cleaning or maintenance of said area, any costs or liabilities incurred by Landlord in removing said vehicle to effectuate cleaning or maintenance, or any damages resulting to said vehicle or to Landlord's equipment or equipment owned by others, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of or removal of said vehicle during such cleaning or maintenance to the extent said damages are not covered by insurance shall be paid on demand by Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of to Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionas additional rent under this Lease.
Appears in 1 contract
Common Areas. 4.12.1(a) The Landlord agrees to maintain parking areas, sidewalks, roadways, exits and entrances of the shopping center. The Tenant shall have and Landlord hereby grants the right, as an appurtenance to Tenantthe Premises, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkwaysentrances and exits and other common facilities within the shopping center in common with others entitled to the use thereof, roofsin accordance with and subject to the provisions of this lease and such reasonable regulations with respect to the use thereof as the Landlord shall from time to time establish. The Landlord may make from time to time reasonable changes in any of the common facilities in the shopping center, loading dockswhich in the sole judgment of the Landlord, will not detract from the usefulness or attractiveness of such common facilities, except Landlord will not construct any new buildings in the area designated the "No Build Area" on Exhibit "A". The Tenant agrees not to cause or permit any obstruction or other interference with any roadway, sidewalk, or other common facility appurtenant to the Premises. No trucks or other delivery areas, landscaped and streetscaped areasvehicles shall park or be permitted to park in the parking areas within the shopping center, and all other areas loading or improvements which may unloading of merchandise, supplies, fixtures, equipment and furniture shall be provided by done at and through the proper service entrance or entrances in the rear or the side of the Premises.
(b) The Landlord for agrees during the general use of tenants of DOWNTOWN DISNEY(R) term hereof to operate, manage and their agentsmaintain all such parking areas, employeesroads, and customers. Landlord shall be responsible for other common facilities within the operationShopping Center, managementexclusive of the parking areas and landscaping in the Premises, if any, and maintenance of to maintain the Common Areas. The landscaping, drainage and lighting facilities therefor, all in such manner in which and at such cost as the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole judgment may determine, it being understood and absolute discretion. agreed that the Landlord shall at all times have not be liable for any inconvenience or interruption of business or other consequence resulting from the right making of repairs, replacements, improvements, alterations or additions or by doing of any other work with respect to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food such common facilities, landscapingwhere such delay or failure is attributable to strikes or other labor conditions, decorative itemsinability to obtain labor or materials or services, and or to any other use which, in cause beyond the Landlord's sole judgment, tends reasonable control.
(c) The Tenant agrees to attract customers to, or benefit require its employees to park their cars only in such areas as the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close designate as employees' parking areas.
(d) Common area shall mean all service areas, parking areas, accessways, sidewalks, common area lighting systems, landscape areas, common area utility systems, directional and pylon signs and like items. Tenant, as additional rent, agrees to pay to Landlord, without offset or deduction, in equal monthly installments on the first day of each and every calendar month during the primary term hereof and any extension periods, (pro-rata for that portion of the calendar month in which the term hereof shall commence, if such area for repairs portion is shorter than a full month) as its share of the cost to Landlord of keeping and maintaining the parking areas and other common facilities, the annual amount equal to Tenant's pro-rata share as defined hereinafter of all costs and expenses of every kind and nature as may be paid, incurred or alterationsamortized by Landlord in operating, managing, equipping, lighting, repairing, replacing and maintaining the common areas including but not limited to, parking areas, common facilities and related services, properly identification and traffic signs, and in policing the Shopping Center and affording protection thereof against fire (if and to prevent a dedication of or the extent that such policing and/or fire protection is provided) as determined in accordance with generally accepted accounting principles and allocated to any particular fiscal year on the accrual method of prescriptive rights thereinaccounting. Such costs and expenses shall include, but shall not be limited to: maintaining, cleaning, snow plowing, sanding, salting, and lighting the parking area and other common areas; costs and expenses of planting, replanting and replacing flowers and landscaping; water and sewerage charges; premiums for liability, property damage, fire and workmen's compensation insurance including an allocation by Landlord's insurance advisor for claims paid or to be paid by Landlord under Landlord's retention (beneath Landlord's insurance deductible); wages, unemployment taxes; social security taxes; personal property taxes; fee for required licenses and permits; supplies, operation of loud speakers and any other reason permitted equipment used in the operation, repair and maintenance of the common areas, common facilities and related services; and administrative costs equal to fifteen percent (15%) of the total costs paid or incurred by LawLandlord under this Paragraph, but there shall be excluded depreciation of the original costs of constructing, erecting and installing the common areas, common facilities and related services. Tenant's pro-rata share of the costs and expenses referred to herein shall be that same percentage as set forth hereinbefore relating to Tenant's share of Real Estate Taxes. During the first lease year, the Tenant shall pay Landlord the annual sum of $36,480.00, payable monthly in advance, together with the payments of rent due hereunder, in the sum of $3,040.00 per month. These amounts are based on the Premises consisting of 32,000 square feet and shall be proportionately reduced if the Premises are reduced in size. If Landlord shall determine that any sums are owed it after the end of Landlord's fiscal year, Landlord shall furnish to Tenant a statement in reasonable detail of the actual common area costs and expenses paid or incurred by Landlord during such period prepared in accordance with generally accepted accounting principles by Landlord, and thereupon there shall be an adjustment between Landlord and Tenant in the event that such closure pro-rata share shall not entitle be greater or less than the amount paid by Tenant as the case may require to any abatement of Rent. the end that Landlord shall at all times during receive the term entire amount of this Lease, subject to Tenant's pro-rata share of such costs and expenses. At the provisions hereof, have the sole and exclusive management and control end of all Common Areas and may at any time and from time to time each fiscal year during the term hereof, restrain any use or occupancy thereof Landlord may adjust Tenant's monthly common area maintenance payment so that Landlord deems necessary or appropriate the amount shall equal one-twelfth of Tenant's annual pro-rata share as set forth in Landlord's sole discretionmost recent statement. Tenant Such statement shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operationsbe conclusive between the parties. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect Landlord reserves the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionchange its fiscal year.
Appears in 1 contract
Common Areas. 4.12.17.01. Tenant shall have and Landlord hereby grants to Tenantits subtenants and concessionaires, and its their respective officers, employees, customersagents, patrons, suppliers, licensees customers and invitees, during shall have the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) right, in common with Landlord and all others to whom Landlord (or other tenants or occupants of any property in the vicinity owner of the SiteLincoln Harbor Project) has granted or may hereafter grant such right, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, but subject to the provisions hereofRules and Regulations, have to use the sole and exclusive management and control common areas of all Common Areas and may the Lincoln Harbor Project. Landlord reserves the right, at any time and from time to time during time, to close temporarily all or any portions of such common areas (provided that such closure does not unreasonably interfere with Tenant's business at the term hereofDemised Premises, restrain any use or occupancy thereof that Landlord deems necessary or appropriate except in cases of emergency) when in Landlord's sole discretionreasonable judgment any such closing is necessary or to (a) make repairs or changes or to effect construction within the Lincoln Harbor Project; (b) prevent the acquisition of public rights in such areas; or (c) protect or preserve natural persons or property. Landlord also reserves the right to grant easements for public utilities (including, without limitation, easements affecting the Land, in connection with the development of the Lincoln Harbor Project. Landlord may do such other acts in and to such common areas as in its reasonable judgment may be desirable to improve or maintain same, provided, however that Landlord shall not change the standard of maintenance of such common areas without Tenant's approval, which approval shall not be unreasonably withheld or delayed. In all such events, such work shall be commenced and prosecuted diligently and with as little interference as possible with Tenant's use of the Demised Premises.
7.02. Tenant shall keep said areas free agrees that it, any subtenant or licensee and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in their respective officers, employees; contractors and agents will park their automobiles and other vehicles only upon the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionLand.
Appears in 1 contract
Common Areas. 4.12.1(i) Landlord covenants that the Common Areas shall be available without further charge to Tenant for the nonexclusive use (as defined in Section 6(b)(iv) of Tenant during the full Term of this Lease or any extension of the Term, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any of the Common Areas shall not constitute a violation of this covenant. Landlord shall also provide up to ten (10) parking spaces in a number and location reasonably adjacent to the Building as reasonably designated by Landlord which shall be signed as reserved exclusively for Tenant's visitors to the Premises. Landlord specifically reserves the right to change the location, size, configuration, design, layout, and any other aspects of the parking provided such changes do not reduce the number of spaces below the minimum number of parking spaces provided in the definition of "Common Area" nor materially impair Tenant's ability to use the Premises as set forth in Section 10. Landlord may temporarily close off or restrict access to parking from time to time as necessary to enable construction, environmental remediation, alteration, or improvements, without incurring any liability to Tenant and without any abatement of Rent under this Lease provided any such temporary access restriction shall be so accomplished as to minimize inconvenience to Tenant and the least possible interference with ▇▇▇▇▇▇'s truck access to the Premises. ▇▇▇▇▇▇'s continued right to use the parking spaces is conditioned on Tenant's abiding by all rules and regulations prescribed from time to time for the orderly operation and use of the Project parking. Tenant shall have use all reasonable efforts to ensure that Tenant's employees and visitors also comply with such rules and regulations. This Lease shall be subordinate to those items listed as Exceptions 1 through 12 of that Title Policy for the Real Property dated as of April 29, 1997 and any subsequently executed AREA.
(ii) Landlord hereby grants shall keep or cause to be kept all Common Areas in a neat, clean, orderly and well maintained condition, properly lighted and landscaped, and shall promptly repair any damage to their facilities, but all expenses in connection with the Common Areas ("Common Area Expenses ") shall be charged in the manner set forth in Section 6(b)(iii). Common Area Expenses shall include but shall not be limited to all sums expended by Landlord in connection with the Common Areas for all general maintenance and repairs, resurfacing, painting, restriping, cleaning, sweeping, and janitorial services; refuse removal; competitively priced management fees, which shall not exceed five percent (5%) of the Common Area Expenses; planting and landscaping; lighting and other utilities; directional signs and other markers and bumpers; personnel to implement these services and to police the Common Areas; required fees or charges levied pursuant to any governmental requirements; public liability and property damage insurance on the Common Areas, which shall be carried and maintained by Landlord with limits as reasonably determined by Landlord; and, where charged to Landlord, all expenses in Sections 5, 7, and 8, provided that no expense excluded from Tenant's reimbursement obligations under Section 5(a) or any other provision of this Lease shall be included and provided further that no expense paid by Landlord shall be double counted for Tenant reimbursement purposes, and Real Property Taxes shall be determined and paid as provided in Section 5. Landlord shall exercise reasonable diligence to obtain reasonable prices for all sums expended by Landlord for Common Area Expenses.
(iii) In December of each calendar year, or as soon as reasonably possible thereafter, Landlord shall send Tenant an itemized statement, setting forth in reasonable detail Landlord's reasonable estimate of Tenant's Common Area Expenses for the following calendar year on a monthly or quarterly basis, at Landlord's option and ▇▇▇▇▇▇ agrees to pay Landlord ▇▇▇▇▇▇'s Common Area Expenses then due within fifteen (15) days after receipt of the statement and to make monthly or quarterly payments of ▇▇▇▇▇▇'s share of Common Area Expenses thereafter. Any Common Area Expenses for the year in which this Lease commences or ends shall be apportioned and adjusted based upon the number of months or portions of months in which Tenant occupies the Premises, commencing one hundred twenty (120) days following the Early Entry Date, provided that ▇▇▇▇▇▇'s work on the Tenant Improvements has not been interrupted or delayed by Landlord Delays or any days that ▇▇▇▇▇▇'s work on Tenant's Improvements is voluntarily interrupted by Landlord pursuant to Section 2(e)(i) (and in any case no later than the Rent Commencement Date) and, provided ▇▇▇▇▇▇ is not in default hereunder, expiring when Tenant vacates the Premises (and otherwise upon expiration of the Term), disregarding any changes in such charges attributable to a period before or after the Lease Term. If the amount of monthly or quarterly payments for Common Area Expenses received by Landlord from Tenant are more or less than the actual Common Area Expenses due for any Calendar Year, an itemized statement of which shall be delivered to Tenant by Landlord within one hundred twenty (120) days following the end of each Calendar Year, or a soon as reasonably possible thereafter, an appropriate adjustment will be made by Landlord and Tenant and any balance due paid or refunded within thirty (30) days after such reconciliation. All charges in Section 6 for Common Area Expenses may be superseded and governed by any AREA adopted for the Real Property and Adjacent Real Property.
(iv) For the use and benefit of Tenant, and its Tenant's agents, employees, customers, patronslicensees, suppliersand subtenants shall have the nonexclusive right in common with Landlord's representatives, licensees agents employees, customers and inviteescontractors performing Landlord's obligations under this Lease, and other present and future owners and tenants of the Real Property (and, to the extent set forth in any AREA recorded for the Adjacent Real Property), and their agents, employees, customers, licensees, and subtenants, to use the Common Areas during the entire Term of this Lease, or any extension of the Term, for ingress and egress, roadway, sidewalk, and automobile parking, provided that Tenant and Tenant's employees shall park their automobiles in those areas reasonably designated by Landlord from time to time (in consultation with Tenant) for Tenant parking. To the extent practicable and within Landlord's reasonable control, and except as may be set forth above or in any AREA, Tenant shall at all times have 24-hour vehicular access to the Premises including, without limitation, truck access.
(v) Tenant, in the use of the Common Areas, agrees to comply with the reasonable rules and regulations as Landlord may adopt from time to time for the orderly and proper operation of the Common Areas, which rules and regulations shall not be inconsistent with this Lease and shall not interfere with ▇▇▇▇▇▇'s right of vehicular and truck access to the Premises or Tenant's other rights under this Lease.
(vi) Unless Landlord elects to provide trash collection as a part of the Common Area maintenance, Tenant shall at Tenant's expense arrange for the collection of trash in the Common Areas located on the Real Property, in which event Landlord shall not charge Tenant for any costs of trash removal on the Real Property and Adjacent Real Property.
(vii) Landlord grants Tenant a non-exclusive access Ad for ingress and egress over the Roadway Easement for the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which it may be provided by Landlord extended, or until such time as an AREA is executed for the general use of tenants of DOWNTOWN DISNEY(R) Real Property and their agents, employees, and customersAdjacent Real Property granting Tenant similar access over the Roadway Easement. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term For purposes of this Lease, subject and until superseded by an AREA, the Roadway Easement shall be considered part of the Common Area under this Lease, provided, however that Landlord may include no more than fifty-one and four tenths percent (51.4%) of the common area expenses (as defined in 6(b)(ii)), of such Roadway Easement in Common Area Expenses and no more fifty-one and four tenths percent (51.4%) of Real Property Taxes (as defined in 5(a)) of such Roadway Easement in Real Property Taxes. Upon completion of improvements to the provisions hereofAdjacent Real Property, have ▇▇▇▇▇▇'s contribution to Common Area Expenses and Real Property Taxes for the sole and exclusive management and control of all Common Areas and may at any time and from time to time during Roadway Easement shall be equitably reduced, eliminated or reciprocated by the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason occupants of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionAdjacent Real Property.
Appears in 1 contract
Common Areas. 4.12.1. Tenant shall have Subject to the Building Rules and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term other provisions of this Lease, a the Tenant shall have the non-exclusive revocable license to access to, use of, and enjoy enjoyment of the Common Areas twenty-four (24) hours a day, fifty-two (52) weeks a year for purposes consistent with their intended use. All of DOWNTOWN DISNEY(Rthe Common Areas shall be subject to (i) in common with the exclusive but reasonable control, management and regulation of the Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to (ii) the terms and provisions of this Lease. "The Tenant shall not obstruct or damage the Common Areas" . Subject to the terms of this Lease, the Landlord shall meanhave the right, as they may from time to time existtime, those portions to change the location, size, appearance or configuration of DOWNTOWN DISNEY(Rthe Common Areas, provided that such changes do not materially or unreasonably (a) which are exclusive limit the Tenant’s access to the Premises, (b) reduce or eliminate the Landlord’s provision of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitationany amenities (e.g., the drivewaysFitness Center (subject to the provisions of Section 15.02), entrances the Auditorium, etc.) and/or (c) materially and exitsadversely affect (I) the Tenant’s Permitted Use and the benefit of the Premises and/or (II) access, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areasuse of, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance enjoyment of the Common Areas. The manner in which Tenant shall make no changes or alterations to the Common Areas and the Tenant shall be maintained and expenditures not materially obstruct in connection therewith shall be at any way the sole discretion Landlord’s or any other person’s right of Landlordaccess, use or enjoyment of the Common Areas. Tenant may not place anything, including, without limitation, vehicles, within All of the Common Areas without which the prior approval of Landlord which it Tenant may withhold in its sole be permitted to use hereunder shall be used and absolute discretionoccupied under a non-exclusive right for access and use with others. Landlord shall at all times have the right to utilize If the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, are changed or restricted by the leasing of kiosks and food facilities, landscaping, decorative items, and any other Landlord as set forth hereinabove or if the Tenant’s use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises thereof is not a kiosk or cart and is not affected by the foregoing provision. Without use of others as permitted hereinabove, the same constituting Landlord shall not be subject to any personal liability for diminution of use, nor shall the Tenant be entitled to any compensation or being considered an diminution or abatement of Base Rent, nor shall such change, restriction or use by others be deemed a constructive or actual eviction or disturbance of Tenant's quiet enjoyment or possession of the PremisesTenant, Landlord may from time excepting changes that materially and adversely affect the Tenant’s Permitted Use, the benefit of the Premises and its access rights to time close the ATM or any such area for repairs or alterationsnight depository, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of in accordance with this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commission.
Appears in 1 contract
Common Areas. 4.12.1. Tenant shall have and (a) During the Term, Landlord hereby grants to TenantTenant a non-exclusive, irrevocable right and license to use the Common Areas and the Employee Common Areas in common with Landlord, Prime Landlord, and its employeesother lessees and licensees and, customersas applicable, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patronsinvitees, suppliersbusiness invitees, licensees contractors, agents, and invitees; subjectothers on or about the Land in connection with any use or activity permitted hereunder (collectively, however at all times “Permitted Users”) of Landlord, Prime Landlord, and its other lessees and licensees. Prime Landlord shall have the right to the Operating Conditions, Rules and Regulations and to any other promulgate reasonable rules and regulations promulgated by with respect to such use, provided that the same are non-discriminatory among all lessees of Prime Landlord and shall have exclusive control over and the exclusive right to manage the Common Areas and Employee Common Areas. Tenant shall have no dominion or control over the Common Areas or the Employee Common Areas. Prime Landlord shall have the right to make reasonable alterations, expansions, contractions, relocations and other adjustments to the terms Common Areas and provisions of this Lease. "Employee Common Areas" shall mean, as they may Areas from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Prime Landlord deems reasonable or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areasappropriate, and all other areas no alteration or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord diminution thereof shall be responsible for the operation, management, and maintenance deemed a constructive or actual eviction of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any compensation or a reduction or abatement of Rent. In exercising control over and managing the Common Areas and Employee Common Areas, Prime Landlord shall at all times during act reasonably and in a manner that does not unreasonably interfere with or have a material adverse impact upon Tenant’s use of the term Common Areas or Employee Common Areas.
(b) During the Term, Landlord hereby reserves and Tenant hereby grants to Prime Landlord, Landlord, and their Permitted Users an irrevocable, non-exclusive right and license to use the Casino Public Common Areas in common with Tenant and Tenant’s Permitted Users. Notwithstanding any other provision of this Lease, subject Tenant shall not interfere in any manner whatsoever with ingress to and egress from the provisions hereof, have various interior and exterior parts of the sole and exclusive management and control of all Resort through the Casino Public Common Areas and may at by Prime Landlord, Landlord or any time and from time to time during of their Permitted Users. Further, in exercising control over the term hereofCasino Public Common Areas, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free act reasonably and clear of any obstructions created in a manner that does not unreasonably interfere with or permitted by Tenant have a material adverse effect upon Prime Landlord’s or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason ’s use of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionCasino Public Common Areas.
Appears in 1 contract
Common Areas. 4.12.1Landlord and Tenant acknowledge that as the Premises constitutes all (or substantially all) of the Building, there are no “common areas” in the Building to which third parties have general rights of access or use; provided, however, given Landlord’s ownership of the Building, Project and ongoing obligations and rights set forth in this Lease, Landlord may nevertheless reasonably designate certain areas within the Building and Project as “Common Areas,” including certain areas designated for the exclusive use of Landlord, or to be shared by Landlord and Tenant and, where applicable, third party owners and tenants of properties adjacent to the Project; provided further, however, in no event shall any portion of the Building be deemed Common Area for purposes of such third parties. Subject to the Rules and Regulations, Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license right to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Sitereasonably designated parties, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the such Common Areas. The manner in which the Common Areas shall be are maintained and expenditures in connection therewith operated shall be at the sole reasonable discretion of LandlordLandlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Tenant may not place anythingLandlord reserves the right to close temporarily, includingmake alterations or additions to, without limitation, vehicles, within or change the location of elements of the Project and the Common Areas without the prior approval Areas; provided that no such changes shall be permitted which materially reduce Tenant’s rights or access hereunder. Except when and where Tena▇▇’▇ ▇ight of Landlord which it may withhold access is specifically excluded in its sole and absolute discretion. Landlord this Lease, Tenant shall at all times have the right of access to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by LawBuilding, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term of this Leaseis defined in Section 2.1, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionbelow.
Appears in 1 contract
Sources: Office Lease (Dexcom Inc)
Common Areas. 4.12.1Landlord and Tenant acknowledge that as the Premises constitutes all (or substantially all) of the Building, there are no “common areas” in the Building to which third parties have general rights of access or use; provided, however, given Landlord’s ownership of the Building, Project and ongoing obligations and rights set forth in this Lease, Landlord may nevertheless reasonably designate certain areas within the Building and Project as “Common Areas,” including certain areas designated for the exclusive use of Landlord, or to be shared by Landlord and Tenant and, where applicable, third party owners and tenants of properties adjacent to the Project; provided further, however, in no event shall any portion of the Building be deemed Common Area for purposes of such third parties. Subject to the Rules and Regulations, Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license right to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Sitereasonably designated parties, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the such Common Areas. The manner in which the Common Areas shall be are maintained and expenditures in connection therewith operated shall be at the sole reasonable discretion of LandlordLandlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Tenant may not place anythingLandlord reserves the right to close temporarily, includingmake alterations or additions to, without limitation, vehicles, within or change the location of elements of the Project and the Common Areas without the prior approval Areas; provided that no such changes shall be permitted which materially reduce Tenant’s rights or access hereunder. Except when and where Tenant’s right of Landlord which it may withhold access is specifically excluded in its sole and absolute discretion. Landlord this Lease, Tenant shall at all times have the right of access to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by LawBuilding, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term of this Leaseis defined in Section 2.1, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionbelow.
Appears in 1 contract
Sources: Office Lease (Dexcom Inc)
Common Areas. 4.12.1SECURITY/PARKING. Tenant The common areas of the Building shall have be subject to Landlord's sole management and control. Without limiting the generality of the immediately preceding sentence, Landlord hereby grants reserves the exclusive right as it deems necessary or desirable to Tenantinstall, 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 Building; make alterations or additions to the Building or common area; 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 at the Land and Building; and use or permit the use of all or any portion of the roofs of the Building. Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building, and its employeesTenant recognizes that security services, customersif any, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord will be for the general use sole benefit of tenants Landlord and the protection of DOWNTOWN DISNEY(R) Landlord's property and their agents, employeesunder no circumstances shall Landlord be responsible for, and customersTenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant's Agents or property in, on or about the Premises, Land or Building. During the Lease Term, as may be extended, and provided that an Event of Default has not occurred and is not then continuing, Tenant shall be entitled to eight (8) underground reserved parking spaces at the Building. Landlord shall be responsible maintain a 4.0/1,000 square foot ratio for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be outdoor surface parking spaces at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within Building and the Common Areas without the prior approval of Land; provided that Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have reserves the right to utilize relocate parking areas and driveways and to build additional improvements in the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, common areas of the leasing of kiosks Building and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges Land; provided that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time parking areas shall remain in reasonably close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, subject proximity to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionBuilding.
Appears in 1 contract
Sources: Office Lease (Eloyalty Corp)
Common Areas. 4.12.1. Tenant shall have A. Subject to the terms and Landlord hereby grants conditions of the Lease and such rules and regulations as Lessor may from time to Tenanttime impose in writing, Lessee and its Lessee's employees, customersagents, patronsinvites, supplierscustomers and contractors shall, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord Lessor and all other tenants or the occupants of any property in the vicinity of the Site, Center and their respective employees, customersagents, patronsinvites, suppliers, licensees customers and invitees; subject, however at all times contractors and others entitled to the Operating Conditionsuse thereof have the right to use the access roads and parking areas located on the Land (unless such parking areas are specifically designated by Lessor for use by a particular tenant) and those facilities provided and designated by Lessor for the general use and convenience of the tenants of the Center, Rules which roads, areas and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, facilities as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which exist are exclusive of gross leaseable area and other areas which are set aside referred to herein as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the "Common Areas". The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have Lessor reserves the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any to increase or decrease the number of roads, areas and facilities comprising the Common Areas and to make changes in the shape, size, location and extent thereof provided that such area for repairs or alterationschanges will not affect Lessee's use of the Leased Premises in a materially adverse manner.
▇. ▇▇▇▇▇▇ shall, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during throughout the term of this Lease, subject to the provisions hereofincluding any extensions and renewals thereof, have the sole operate, manage and exclusive management and control of maintain all Common Areas within the Center. The manner in which such areas shall be maintained and the amount and nature of the expenditures to be made for such maintenance shall be determined at the sole discretion of Lessor.
▇. ▇▇▇▇▇▇ shall have the right to close all or any portion of the Common Areas to the extent as may be legally sufficient to prevent a dedication thereof or the accrual of rights of any person or the public therein, provided, however, that Lessor shall restrict the period of any such closing to the minimum time necessary under applicable law to prevent such dedication and accrual of rights.
D. Lessee shall not at any time and from time park or permit the parking of Lessee's trucks or other vehicles, or the trucks or other vehicles of Lessee's suppliers or any others, adjacent to time during loading areas so as to interfere in any way with the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R)other tenants, Tenant, upon demand of Landlord, nor shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord Lessee at any time permit the parking of Lessee's trucks, or the trucks of Lessee's suppliers, or others in any portion of the parking lot not designated by Lessor for such use by Lessee.
E. Lessee shall not at any time operate, nor shall it permit its employees, agents, invites, customers or contractors to remove operate any truck or other vehicle in such unauthorized person from manner as to directly or indirectly damage any portion of the Center, including damage to the Center caused by excessive wear and tear of the improved portions of the Common Areas.
▇. ▇▇▇▇▇▇ reserves the right to promulgate such areas or reasonable rules and regulations relating to prohibit the use of any the Common Areas, and part or parts thereof, as Lessor may deem appropriate. The rules and regulations shall be binding upon Lessee seven (7) days after delivery of a copy thereof to Lessee, and Lessee agrees to abide by such areas rules and regulations and to cooperate in their observance. The rules and regulations may be amended by unauthorized personsLessor from time to time, with or without advance notice to Lessee, and all amendments shall be effective seven (7) days after delivery of a copy thereof to Lessee. * - Redacted Text - Confidential treatment requested; omitted portions Any such changes shall not have been filed separately with the Securities and Exchange Commissiona material adverse effect on lessee's operations.
Appears in 1 contract
Common Areas. 4.12.18.1. Tenant shall have and Landlord hereby grants Subject to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, Landlord’s rights in this Section VIII during the Term of this LeaseTerm, a non-exclusive revocable license Landlord shall make available from time to use and enjoy time in the Shopping Center such Common Areas as Landlord shall deem appropriate. “Common Areas” shall mean all areas and improvements now or hereafter existing, made available by Landlord for the common and joint use of DOWNTOWN DISNEY(R) in common with Landlord Landlord, Tenant and all other tenants or and occupants of any property in the vicinity of the SiteShopping Center, and their respective employees, customersagents, patrons, suppliers, licensees customers and invitees; subject, however which may include if provided, but shall not be limited to driveways, footways, parking areas, walkways and all other areas in the Shopping Center now or hereafter constructed to be used in common by the tenants and/or customers of the Shopping Center. All Common Areas shall at all times be subject to the Operating Conditions, Rules and Regulations and to any other reasonable such rules and regulations promulgated by as Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area prescribe and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have full and exclusive control, management and direction of said Common Areas. Landlord further shall have the right (but shall not be obligated) (a) to utilize police the Common Areas; (b) to restrict parking by tenants, their officers, agents and employees; (c) to designate employee parking areas; (d) to establish and enforce parking charges, with appropriate provisions for free-parking ticket validation by tenants; (e) to close temporarily all or any portion of the Common Areas or any parts thereof, including the parking areas or facilities for promotionsthe purpose of maintenance, exhibitsrepairs, outdoor shows, displays, and/or construction; (f) to discourage non-customer parking; and (g) to do and perform such other product shows, the leasing of kiosks acts in and food facilities, landscaping, decorative items, and any other use whichto such areas as Landlord, in Landlord's sole the use of its business judgment, tends shall determine to attract customers tobe advisable. Landlord further shall have the right, without materially, adversely affecting access to or benefit the customers use or tenants accessibility of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by without materially, adversely affecting the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession character of the PremisesShopping Center as such exists on the Lease Commencement Date, Landlord may from time to time close any such area for repairs or alterationsin its sole discretion, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Leasetimes, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during throughout the term hereofTerm, restrain without incurring any use liability to Tenant, including but not limited to loss of sales, and without it constituting an eviction to: (i) change the area, appearance, size, level, layout, location, and/or arrangement of the Shopping Center or occupancy any part thereof that Landlord deems necessary (including, without limitation, the Common Areas and the entrances to and exits from the Common Areas); (ii) construct other buildings, structures or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If improvements in the opinion Common Areas and elsewhere in the Shopping Center (including, without limitation, construction of Landlordkiosks in the Common Areas), and make alterations and additions thereto, or rearrangements thereof, demolish parts thereof, build additional stories on any building in its sole the Shopping Center (and absolute discretionfor such purposes to construct and erect columns and support facilities in any building), unauthorized persons are using and construct additional buildings or facilities adjoining or proximate to the Shopping Center; (iii) expand, reduce, or alter the parking areas in any manner whatsoever including, without limitation, the construction of such areas by reason multiple-deck, elevated, or underground parking facilities; (iv) relocate or rearrange the various buildings, parking areas, and other parts of the presence of Tenant Shopping Center; (v) make changes and additions to the pipes, conduits, and ducts or other structural and nonstructural installations in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time Premises where desirable to remove any such unauthorized person from such areas serve the Common Areas and other premises in the Shopping Center or to prohibit facilitate the use expansion or alteration of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requestedthe Shopping Center (including, without limitation, the construction and erection of columns and support facilities); omitted portions have been filed separately with and (vi) add additional real property to the Securities and Exchange CommissionShopping Center.
Appears in 1 contract
Common Areas. 4.12.1. In addition to the Premises, Tenant shall have the use of those certain common areas to be designated by Landlord from time to time on the Property; such areas shall include, but not be limited to, parking areas, access roads and Landlord hereby grants to facilities, interior corridors, sidewalks, driveways and landscaped and open areas (collectively, “Common Areas”). The use of the Common Areas shall be for the non exclusive use of Tenant and Tenant, and its ’s employees, customers, patronsagents, suppliers, licensees customers and inviteespatrons, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the SiteProperty and all such other persons to whom Landlord has previously granted, and their respective employeesor may hereinafter grant, customers, patrons, suppliers, licensees and inviteesrights of usage; subject, however at all times provided that such nonexclusive use shall be expressly subject to the Operating Conditions, Rules and Regulations and to any other such reasonable rules and regulations promulgated which may be adopted by Landlord and from time to time. Tenant shall not be entitled to use the terms and provisions common areas for storage of this Leasegoods, vehicles, refuse or any other items. "Landlord reserves the right to alter, modify, enlarge, diminish, reduce or eliminate the Common Areas" shall mean, as they may Areas from time to time existin its sole discretion; provided, those portions however, it does not unreasonably and materially interfere with Tenant’s access or use and occupancy of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customersPremises. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize modify common areas, and if necessary, parts of the Premises, in order to implement new, necessary security measures and Landlord shall endeavor to minimize any adverse affect on Tenant’s use of the Premises. If Tenant shall use any of the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing storage of kiosks and food facilities, landscaping, decorative any items, and Tenant shall pay all fines imposed upon either Landlord or Tenant by any fire, building or other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Lawregulatory body, and such closure Tenant shall not entitle Tenant pay all costs incurred by Landlord to any abatement of Rent. Landlord shall at all times during clear and clean the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any dispose of such areas by reason items, including but not limited to, a disposal fee of the presence of Tenant in DOWNTOWN DISNEY(R)twenty-five dollars ($25.00) for each pallet or other container and fifty dollars ($50.00) for each drum, Tenanttogether with any additional costs for testing and special disposal, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionif required.
Appears in 1 contract
Sources: Lease Agreement (Elio Motors, Inc.)
Common Areas. 4.12.1. Tenant Use of common areas (“Common Areas”) (defined as the grounds and areas of the Building not including the Leased Premises) shall have be governed by these RULES AND REGULATIONS and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during any Policies posted on the Term of this Lease, a non-exclusive revocable license to use and enjoy Building or in the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, be used at the driveways, entrances risk of Lessee and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped Lessee’s family and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customersguests. Landlord No guest shall be responsible permitted within the Common Areas unless Lessee is also present. Lessee hereby agrees to indemnify Lessor and holds Lessor harmless against all claims (including attorney’s fees) for the operation, management, personal injury sustained by Lessee and maintenance Lessee’s family and/or guests in their use and enjoyment of the Common Areas. The manner Glass containers pose a serious risk of injury and are prohibited anywhere in which the common areas. In order to use Common Areas Areas, Lessee agrees that:
a). Lessee shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the permit any guests to use Common Areas without Lessee present;
b). Lessee shall use Common Areas in a prudent manner, consistent with the prior approval customary use of Landlord the Common Areas;
c). Lessee shall not use Common Areas in a manner which it may withhold is offensive or dangerous to Lessee or any users of Common Areas; d). Lessee will follow policies as established by Lessor in its sole and absolute discretionconnection with the operation of Common Areas;
e). Landlord Lessor shall at all times have the right to utilize the discontinue providing any or all recreational Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain for any use reason; f). Lessor may not provide attendants or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear supervision of any obstructions created or permitted by Tenant or resulting from Tenant's operationskind for Common Areas;
g). If Lessor has made no representation (i) that Lessor’s representatives have any expertise in the opinion operation of LandlordCommon Areas, (ii) that the Common Areas are fit for any particular purpose or (iii) as to the physical condition and operation of Common Areas; and
h). USE OF COMMON AREAS BY LESSEE SHALL BE WHOLLY AT LESSEE’S OWN RISK.
i.) Garbage and other rubbish shall not be placed in its sole and absolute discretionthe common areas. Lessee may be invoiced $15.00 per trash bag left in the building’s common areas. In connection with Lessee’s use of Common Areas, unauthorized persons Lessee is responsible for:
(i) payment for damages or costs to Lessor from any claim based upon the acts of Lessee or OCCUPANT or Lessee’s guests (which are prohibited from using Common Areas); and
(ii) the legal costs of defending Lessor if any of such areas by reason claim is made against Lessor because of the presence acts of Tenant in DOWNTOWN DISNEY(RLessee or Lessee’s guests (which are prohibited from using Common Areas), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect Lessor has the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit choose the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionattorney who will represent Lessor.
Appears in 1 contract
Sources: Apartment Lease
Common Areas. 4.12.1Landlord shall make available (or use commercially reasonable efforts to cause to be made available) throughout the Lease Term such "Common Areas" (including, but not limited to, parking areas, driveways, truck ways, service drives, service areas, delivery passages, truck-loading areas, access and egress roads, walkways, footbridges, landscaped and planted areas and public rest rooms) as may be shown on the Site Plan or which are otherwise available for the non-exclusive use of the occupants of the Real Property. Landlord shall (or shall use commercially reasonable efforts to cause the same to be done) operate, manage, equip, light, repair, replace and maintain the Common Areas for their intended purposes in compliance with all laws. In no event shall use of the Common Areas be conditioned upon payment of parking charges. Tenant and its officers, employees, agents, customers and invitees shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license easement (in common with subtenants, licensees, the other occupants of the Real Property and their employees, agents, customers and invitees) to use the Common Areas for the intended purposes (e.g., parking, access, ingress and enjoy egress). Tenant shall also have the right to use Landlord's trash receptacle inside Landlord's Retail Facility and Landlord shall provide Tenant with reasonable access to same during Landlord's regular business hours. Tenant shall pay Landlord, within thirty (30) days after receiving written notice, annually each year (and commencing within one year after the Commencement Date), $1200.00 representing reimbursement to Landlord for the reasonable costs and expenses incurred by Landlord during each year of the Lease Term in operating, repairing, maintaining and insuring the Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange CommissionReal Property.
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Common Areas. 4.12.1References herein to “common areas” shall mean all areas of the Project not leased to tenants for their exclusive use. Landlord shall make available from time to time such public portions of the common areas as Landlord deems appropriate. As part of Common Expenses (Section 5.1), Landlord is responsible for operating and maintaining the common areas and Landlord may change the size, location, nature and use of any common areas, provided that such changes do not materially and unreasonably interfere with Tenant’s access to or use of the Premises. Without limiting the foregoing, Landlord may erect scaffolding, barriers, and other structures in the common areas where required, in Landlord’s sole discretion, in connection with work to be performed at the Project, provided that the access to the Premises and use of the Premises shall not be unreasonably blocked or unreasonably interfered with given the nature of the work and Landlord shall use commercially reasonable efforts to minimize the impacts on Tenant’s access and use. Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during has the Term of this Lease, a non-exclusive revocable license nonexclusive right to use and enjoy the Common Areas of DOWNTOWN DISNEY(R) in those common with Landlord and all other tenants or occupants of any property in the vicinity of the Siteareas which from time to time are designated for such use by Landlord, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and subject to the terms and provisions of this Lease. "Common Areas" Tenant shall meannot store anything outside the Premises. Subject to any specific access provisions elsewhere in this Lease, as they may from time to time existTenant shall not permit any employee, those portions contractor or guest onto the roof of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and the Building or into any other areas which are set aside as the exclusive use non-public areas of Landlord or its designees and shall includethe Project, without limitation, except the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of tenants of DOWNTOWN DISNEY(R) and their agents, employees, and customersPremises. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (State of Washington Department of Transportation and/or the City of Seattle have commenced demolition and replacement of, and related furniturework pertaining to, fixtures the Alaskan Way Viaduct (“Viaduct Work”), and equipment) currently located across from that such Viaduct Work may cause temporary changes in, or disruption to, access to the Premises is not a kiosk or cart and is not affected by the foregoing provisionProject and/or surrounding areas. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession Tenant agrees that none of the PremisesViaduct Work shall be a breach of Landlord’s obligations, Landlord may from time to time close any such area for repairs covenants or alterations, to prevent a dedication of or the accrual of prescriptive rights therein, or for any other reason permitted by Law, and such closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of warranties under this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas and may at any time and from time to time during the term hereof, restrain any use law or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the presence of Tenant in DOWNTOWN DISNEY(R), Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or to prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the Securities and Exchange Commissionequity.
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Sources: Office Lease (Bsquare Corp /Wa)