Control of the Building. (a) The Landlord will operate and maintain the Building as would a prudent landlord of a similar office building having regard to size, age and location. (b) The Building is at all times subject to the exclusive control, management and operation of the Landlord. The Landlord has the right with respect to such control, management and operation to: (i) obstruct or close off all or any part of the Building or Lands for the purpose of maintenance, repair or construction; (ii) employ all personnel necessary for the operation and management of the Building, either directly or through a third party property management company; (iii) provide supervision, security and policing services for the Building; (iv) construct other improvements and make Alterations, additions, subtractions or re-arrangements, build additional storeys and construct facilities adjoining or proximate to the Building provided such work shall not materially interfere with ingress to or egress from (or the loading and service areas for) the Leased Premises; (v) install, maintain and repair pipes, wires and other conduits or facilities through the Common Areas and Facilities and the Leased Premises; (vi) construct, maintain, operate and change lighting facilities and heating, ventilating, air-conditioning and energy conservation systems; (vii) designate and specify the kind of container to be used for garbage and refuse and the manner and the times and places at which it is to be placed for collections. If the Landlord for the more efficient and proper operation of the Building provides or designates a commercial service for the pick up and disposal of refuse and garbage (instead of, or in addition to, the service provided by the municipality), the Tenant shall then use that commercial service at the Tenant’s cost. The Tenant shall pay the charges for pick up and disposal of any of the Tenant’s refuse or rubbish. The Tenant shall not burn any trash or garbage of any kind in or about the Leased Premises or any part of or near the Building; (viii) from time to time prohibit the Tenant and its employees from parking anywhere in the Building or on the Lands. If the Landlord designates the Tenant parking areas in the Building, on the Lands or elsewhere, the Tenant shall itself and shall cause its employees to park their vehicles only in such designated parking areas; (ix) implement a waste recycling program and the Tenant agrees to participate in such recycling program; and (x) do and perform such other acts in and to the Building, as, in the use of good business judgment, the Landlord determines to be advisable for the more efficient and proper operation of the Building. (c) The Landlord is not subject to any liability, nor is the Tenant entitled to any compensation or abatement of Rent as a result of the Landlord’s exercise of its rights conferred under this Section 4.01 but the Landlord agrees to proceed as expeditiously as reasonably possible to minimize interference with the Tenant’s business.
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Control of the Building. (a) The Landlord will operate and maintain the Building in such manner as the Landlord determines from time to time, and in a first-class manner as would a prudent landlord Landlord of a similar office building having regard to size, age and location.
(b) The Building is and the lands are at all times subject to the exclusive control, management and operation of the Landlord. The Landlord has the right with respect to such right, in its control, management and operation to:of the Building and the Lands, to perform all acts which, in the use of good business judgement, the Landlord determines advisable for the efficient and proper operation of the Building and the Lands. This includes without limitation;
(i) obstruct obstructing or close closing off all or any part of the Building or Lands for the purpose of maintenance, repair or construction;:
(ii) employ employing all personnel necessary for the operation and management of the Building, either directly or through a third party property management company. The Tenant acknowledges that the Building may be managed by any Person designated by the Landlord;
(iii) provide supervision, security and policing services for the Building;
(iv) construct constructing other improvements on the Lards and make Alterationsmaking alterations, additions, subtractions or re-arrangementsarrangements to the various facilities and improvements comprising the Building or erected on the lands, build including building additional storeys and construct constructing facilities adjoining or proximate to the Building provided such work shall Building, including parking facilities, underground tunnels and pedestrian walkways and overpasses; and
(iv) with the consent of the Tenant, not materially interfere with ingress to be unreasonably withheld, re-locating or egress re-arranging the Leased Premises from (or that shown on Schedule "B". The ▇▇▇▇▇▇▇ acknowledges that the loading and service areas for) sole purpose of Schedule "B" is to show the approximate location of the Leased Premises;
(v) install, maintain and repair pipes, wires and other conduits or facilities through the Common Areas and Facilities and the Leased Premises;
(vi) construct, maintain, operate and change lighting facilities and heating, ventilating, air-conditioning and energy conservation systems;
(vii) designate and specify the kind of container to be used for garbage and refuse and the manner and the times and places at which it is to be placed for collections. If the Landlord for the more efficient and proper operation of the Building provides or designates a commercial service for the pick up and disposal of refuse and garbage (instead of, or in addition to, the service provided by the municipality), the Tenant shall then use that commercial service at the Tenant’s cost. The Tenant shall pay the charges for pick up and disposal of any of the Tenant’s refuse or rubbish. The Tenant shall not burn any trash or garbage of any kind in or about the Leased Premises or any part of or near the Building;
(viii) from time to time prohibit the Tenant and its employees from parking anywhere in the Building or on the Lands. If the Landlord designates the Tenant parking areas in the Building, on the Lands or elsewhere, the Tenant shall itself and shall cause its employees to park their vehicles only in such designated parking areas;
(ix) implement a waste recycling program and the Tenant agrees to participate in such recycling program; and
(x) do and perform such other acts in and to the Building, as, Building as in the use of good business judgment, the Landlord determines to be advisable for the more efficient and proper operation of the Building:
(vi) control, supervise and regulate any parking facilities which may be used in conjunction with the Building in such manner as the Landlord determines from time to time, including, without limitation, imposing charges or rates as may from time to time be determined by the Landlord for the use of such parking facilities.
(c) The Notwithstanding anything contained in this Lease, it is understood and agreed that if as a result of the exercise by the Landlord of its rights set out in this Section 4.01, the facilities in or improvements to the Building are diminished or altered in any manner whatsoever, or the Leased Premises are relocated or rearranged in any manner whatsoever, the Landlord is not subject to any liability, ; nor is the Tenant entitled to any compensation diminution or abatement of Basic Rent as a result or Additional Rent; nor is any alteration; or diminution of the Landlord’s exercise facilities or improvements in or to the Building (including, the Leased Premises) deemed a breach of its rights conferred under any covenant for quiet enjoyment contained in this Section 4.01 but the Landlord agrees to proceed as expeditiously as reasonably possible to minimize interference with the Tenant’s businessLease or implied by law.
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