Common use of Manner of Work Clause in Contracts

Manner of Work. Landlord shall use best efforts to make any repairs, additions or alterations in, about or affecting the “Critical Accessways” shown on the Site Plan attached hereto as Exhibit A or the Common Areas within the Protected Area or otherwise affecting the Premises, during Non-Seasonal Periods and non-business hours of Tenant and in all events, in a manner that minimizes interference with Tenant’s use of and business within the Premises and/or the Common Areas (including access to, from and between the Common Areas and the Premises), and shall promptly restore the affected areas following any such work or activity. To the greatest extent possible without compromising the maintenance, repairs and operations of the Center as a First Class Center, maintenance and repairs that necessitate interference with Tenant’s use of or business within the Premises and/or the Common Areas (including access to, from and between the Common Areas and the Premises) shall be performed during Non-Seasonal Periods. Without limiting the foregoing requirements, except for emergency repairs that are necessary to avoid risk of injury to persons or property, (i) during Seasonal Periods, Landlord shall not perform any repairs or maintenance to the Priority Parking Areas, Critical Accessways, and sidewalks between the Premises and the Common Areas without the prior written consent of Tenant if such repairs or maintenance renders the affected facilities or areas unusable by Tenant or Tenant’s patrons or if such repairs or maintenance materially interferes with the use of the affected facilities or areas by Tenant or Tenant’s patrons, and (ii) all repairs and maintenance to the Priority Parking Areas, Critical Accessways, and sidewalks between the Premises and the Common Areas that renders the affected facilities or areas unusable by Tenant or Tenant’s patrons or materially interferes with the use of the affected facilities or areas by Tenant or Tenant’s patrons shall be done in sections and phases so that, at all times, (x) the access to, from and between the Premises and the Common Areas by Tenant and Tenant’s patrons is not materially and adversely affected, and (y) at least the Premises Minimum Free Parking Spaces within the Priority Parking Area are readily accessible and available for use by Tenant and Tenant’s patrons as contemplated hereunder. In addition, Landlord will not use or permit to be used any other premises or equipment owned or controlled by Landlord or by any other occupant of the Center in such manner as would result in any noise or vibration interfering with the acoustics required by Tenant in its use of the Premises, or as would result in any offensive odors penetrating the Premises. Except in the case of an emergency, Landlord shall not schedule any Common Area maintenance that would unreasonably disrupt parking or vehicular or pedestrian access or the conduct of Tenant’s business (such as, without limitation, repaving or restriping the Priority Parking Areas during a Seasonal Period).

Manner of Work. Landlord shall use best efforts to make any repairsAll Alterations made to, additions or alterations installed by or for Tenant in, about the Demised Premises shall be and remain Landlord’s property (excluding Tenant’s furniture, personal property and moveable trade fixtures) and shall not be removed without Landlord’s written consent. Any construction up-gradings required by any governmental authority as a result of said Alterations, either in the Demised Premises or affecting in any other part of the “Critical Accessways” shown on Building, will be paid for by Tenant. Tenant shall not install any equipment of any nature whatsoever which may affect the Site Plan attached hereto as Exhibit A insurance rating of the Building, materially and adversely affect the structure of the Building, or which may necessitate any changes, replacements or additions to the water system, plumbing system, heating system, air-conditioning system or the Common Areas within electrical system of the Protected Area or otherwise affecting the Demised Premises, during Non-Seasonal Periods and non-business hours of Tenant and in all events, in a manner that minimizes interference with Tenant’s use of and business within the Premises and/or the Common Areas (including access to, from and between the Common Areas and the Premises), and shall promptly restore the affected areas following any such work or activity. To the greatest extent possible without compromising the maintenance, repairs and operations of the Center as a First Class Center, maintenance and repairs that necessitate interference with Tenant’s use of or business within the Premises and/or the Common Areas (including access to, from and between the Common Areas and the Premises) shall be performed during Non-Seasonal Periods. Without limiting the foregoing requirements, except for emergency repairs that are necessary to avoid risk of injury to persons or property, (i) during Seasonal Periods, Landlord shall not perform any repairs or maintenance to the Priority Parking Areas, Critical Accessways, and sidewalks between the Premises and the Common Areas without the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned or delayed. In the event that Landlord grants its consent thereto, Tenant if shall pay all reasonable, direct, out-of-pocket costs to make such repairs changes, replacements or maintenance renders additions. Any approved Alterations shall be made by licensed and bondable contractors and mechanics (which contractors and mechanics for Alterations other than Permitted Alterations shall be approved by Landlord (such approval not to be unreasonably withheld, conditioned, or delayed)), in accordance with (i) the affected facilities applicable Legal Requirements (including applicable building code and zoning regulations of any public authority have jurisdiction over the Building), (ii) with respect to Alterations other than Permitted Alterations, plans and specifications that have been approved by Landlord in writing which approval shall not be unreasonably withheld, conditioned or areas unusable by Tenant or Tenant’s patrons or if such repairs or maintenance materially interferes delayed and shall be processed in accordance with the use procedures set forth in Exhibit “E” for the approval of the affected facilities or areas by Tenant or Tenant’s patronsconstruction plans and specifications, and (iiiv) all repairs any rules and maintenance regulations established from time to time by the Priority Parking Areas, Critical Accessways, and sidewalks between the Premises and the Common Areas that renders the affected facilities or areas unusable by Tenant or Tenant’s patrons or materially interferes with the use Underwriters Association of the affected facilities or areas by local area. Prior to commencing construction of any approved Alterations, Tenant or Tenant’s patrons shall be done obtain any necessary building permits and shall, deliver copies of such permits to Landlord where permits are required for completion of the Alterations. Tenant shall pay to Landlord, upon thirty (30) days’ notice, as Additional Rent, a construction supervisory fee equal to one percent (1%) of the hard costs of performing the Alterations, provided, however, in sections the event Tenant chooses Landlord to manage the construction and phases so that, at all times, (x) completion of the access to, from and between the Premises and the Common Areas by Tenant and Tenant’s patrons is not materially and adversely affected, and (y) at least the Premises Minimum Free Parking Spaces within the Priority Parking Area are readily accessible and available for use by Tenant and Tenant’s patrons as contemplated hereunder. In additionAlterations, Landlord will not use or permit to be used any other premises or equipment owned or controlled by Landlord or by any other occupant may charge and Tenant shall pay a market rate construction management fee based upon the total hard costs of the Center in such manner as would result in any noise or vibration interfering with the acoustics required by Tenant in its use of the Premises, or as would result in any offensive odors penetrating the Premises. Except in the case of an emergency, Landlord shall not schedule any Common Area maintenance that would unreasonably disrupt parking or vehicular or pedestrian access or the conduct of Tenant’s business (such as, without limitation, repaving or restriping the Priority Parking Areas during a Seasonal Period)Alterations.