PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas. A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27. B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27. C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall have the nonexclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants, to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking. 27. D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited to the following: (1) The restricting of employee parking to a limited, designated area or areas; and (2) the regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenant.
Appears in 1 contract
PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "All A shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. . All automobile parking areas, driveways, entrances and exits thereto, and other facilities furnished by Landlord in or near the Shopping Center, including employee parking areas, the truck way or ways, loading docks, temporary sewer facilities, package pick up sections, pedestrian sidewalks and ramps, landscaped areas, exterior stairways, first-aid station, comfort stations and other areas and improvements provided by Landlord for the general use, in common with tenants, their officers, agents, employees and customers, shall at all times be subject to the exclusive control and management of Landlord and Landlord shall have the right, from time to time to establish, modify and enforce reasonable rules and regulations with respect to all facilities and areas mentioned in this article. Landlord shall also have the right to alter or modify the Shopping Center and all improvements located therein, including the traffic flow and parking, without the consent of Tenant; provided no change, alteration or modification will be made with respect to the Premises which substantially adversely affects Tenant's use and enjoyment of the Premises without the consent of Tenant, which shall not be unreasonably withheld. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 8.B hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall have the nonexclusive non-exclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants, to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking. 27.
D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited to the following:
: (1) The 1)The restricting of employee parking to a limited, designated area or areas; and (2) the regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenant.:*
Appears in 1 contract
PARKING AND COMMON AREAS. Landlord covenants Tenant acknowledges that upon completion the Common Areas (including parking areas (if any)) of the Shopping Center an area approximately equal Project are extremely limited. Such Common Areas, as they exist from time to time during the common and parking areas as shown on the attached Exhibit "All term of this Lease, shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common Common Areas and parking areas shall not constitute a violation of this covenant. Landlord shall have the right to add parking and/or other areas to the Common Areas. Tenant understands and acknowledges that any portion or portions of the Project on which no buildings are erected as of the Commencement Date shall be part of the Common Areas of the Project until such time as buildings are erected thereon. Notwithstanding the foregoing, Landlord shall have the right to close, if necessary or appropriate, in Landlord’s determination, all or any portion of the Common Areas to such extent as may in the opinion of Landlord or Landlord’s counsel be reasonably necessary to prevent a dedication thereof or the accrual of any rights of any person or the public therein; to close temporarily all or any portion of the Common Areas to discourage non-customer use; to use portions of the Common Areas while engaged in making additional improvements or repairs or alterations to the Project or any portion thereof; to transfer, in whole or in part, any of Landlord’s rights or obligations under this Paragraph to any other tenant(s), subtenant(s) or other occupant(s) of the Project, or to such other party(ies) or designee(s) as Landlord may from time to time determine; and to do and perform such other acts (whether similar or dissimilar to the foregoing) in, to and with respect to, the Common Areas as in the use of good business judgment Landlord shall conclusively determine to be appropriate for the Project. In addition, Landlord reserves the right to change or restrain the use of the entrances, exits, parking area(s), Common Areas, traffic lanes lanes, pedestrian sidewalks and passageways, and the boundaries and locations of such parking area or areas.
A. Prior such, provided however, that anything to the date of Tenant's opening for business contrary notwithstanding contained in the Premisesthis Section 25, Landlord shall cause said common and parking area or areas shall at all times be at least equal to the parking for the Project then legally required by governmental authorities or that available to Tenant under the current plans for the Project. The rights of Tenant in and to the Common Areas shall at all times be gradedsubject to the rights of Landlord, surfacedLandlord’s employees and agents, marked and landscaped at no expense the other tenants in the Project, their employees and customers to use the same in common with Tenant. 27.
B. The Landlord , and Tenant shall keep said automobile parking the Common Areas free and common areas in a neatclear of any obstructions, clean garbage and orderly condition and shall repair any damage to the facilities thereofrefuse created or permitted by Tenant or resulting from Tenant’s activities or those of its licensees, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenantinvitees, for the use and benefit of Tenant, its agentsconcessionaires, employees, customerscustomers and contractors. If, licensees and sub-tenantsin the opinion of Landlord, unauthorized persons are using any of the Common Areas by reason of the presence of Tenant in the Project, Tenant, upon demand of Landlord, shall have restrain such unauthorized persons by appropriate proceedings. Nothing herein shall affect the nonexclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants, of Landlord at any time to use said common and parking areas during remove any such unauthorized person from the entire term of this Lease, Common Areas or any extension thereof, for ingress and egress, and automobile parking. 27.
D. The Tenant, in to prohibit the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited to the following:
(1) The restricting of employee parking to a limited, designated area or areas; and (2) the regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of TenantCommon Areas by unauthorized persons.
Appears in 1 contract
Sources: Lease Agreement
PARKING AND COMMON AREAS. (a) Landlord represents and warrants to Tenant that there are currently approximately seven hundred (700) parking spaces in the Parking Areas, all of which are non-designated or non-restricted as to use (other than as required under the ADA or similar law) and all of which are and will be available for parking by customers, employees and other invitees of all tenants of the Shopping Center. Landlord further represents and warrants to Tenant that the Parking Areas are subject only to the agreements (if any) contained in the Permitted Exceptions.
(b) Notwithstanding anything to the contrary contained in Section 4.2 above or elsewhere in this Lease, Landlord covenants that:
(i) none of the parking lot configuration within the area delineated on the Site Plan as the "Bally Primary Parking Area", traffic patterns (both vehicular and pedestrian), rights to egress, rights to ingress, curbs, driveways and walkways shall be reconfigured, reconstructed, redirected, or altered without Tenant's prior written consent (including, without limitation, changing the size of any parking spaces);
(ii) the visibility of the Premises and Tenant's signage from the surrounding streets shall not be impaired by any building or sign located within the Shopping Center, or otherwise constructed within the Shopping Center, that upon completion do not presently exist or that are not shown on the Site Plan;
(iii) Landlord shall not grant any "exclusive parking" or "designated parking" rights in or to any portion of the Parking Areas, or otherwise restrict the use of any portion of the parking area by Tenant's customers, employees, agents, invitees, subtenants, licensees, concessionaires and suppliers, except as may be required under the ADA or similar law and/or, if Landlord shall so elect, for the restriction of parking by employees of the tenants, subtenants, licensees and concessionaires of the Shopping Center an (including, without limitation, Tenant) to a designated area approximately equal or areas on a non-discriminatory basis as between each of such employees;
(iv) Landlord shall not grant any easements of any nature whatsoever directly in front of the Premises (excluding, however, underground utility and other similar easements that do not affect the use of the encumbered portions of the Common Areas for their intended purposes and/or access to the common and Premises), or designate any portion of the Parking Areas located directly in front of the Premises for employee parking areas as shown on the attached Exhibit "All pursuant to Subsection (iii) above or otherwise;
(v) Landlord shall be at all times available not establish, charge, or collect any fee or charge of any nature whatsoever for the non-exclusive use of the Parking Areas or any portion thereof (other than through Operating Expenses payable by Tenant during pursuant to the full term provisions of Article 4 of this Lease or any extension and by other tenants of the term hereofShopping Center pursuant to any corresponding provisions of their respective leases); and
(vi) Other than a freestanding one-story building along the Highway 51 frontage of the Shopping Center as delineated on the Site Plan as "Future Building Area", provided that there shall be no material change to the condemnation or other taking by Site Plan (including, without limitation, the construction and/or installation of any public authorityadditional stores, shops, buildings, outlots, developments, or sale improvements (including, without limitation, signs and kiosks) in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. Prior to the date of Shopping Center) without Tenant's opening for business in the Premisesprior written consent, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall have the nonexclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants, to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking. 27.
D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but which consent shall not be limited to the followingunreasonably withheld provided that:
(1) The restricting of employee parking to a limited, designated area or areas; and (2) the regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenant.
Appears in 1 contract
PARKING AND COMMON AREAS. Landlord covenants that upon completion of TENANT, its employees and invitees shall have the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term upper parking area. TENANT shall have use of this Lease at least 3.3 parking stalls per 1,000 square feet contained in the Leased Premises, without charge (other than Additional Rent). The exclusive spaces referred to above will count towards the 3.3 parking stalls per 1,000 square feet requirement. TENANT may erect signs identifying TENANT's exclusive parking stalls in the upper parking area (some of which signs may designate certain employees or any extension TENANT's visitors). LANDLORD shall enforce the exclusivity of TENANT's parking stalls for TENANT's benefit. LANDLORD will designate by signs as "visitor" stalls at least 15 parking stalls in the lower parking lot, in a location approved by TENANT. If TENANT finds that its visitors are frequently unable to find visitor parking stalls available, LANDLORD agrees, upon written notice by TENANT, to promptly take action to assure visitor parking is available, either by adding additional visitor parking stall signs and/or enforcing the use of the term hereof, provided that existing visitor parking stalls by only visitors of the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas Building. TENANT shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall also have the nonexclusive right in to use the common areas, loading dock, adjacent loading area, sidewalks, driveways and parking spaces other than TENANT's exclusive spaces along with Landlordthe other tenants of the Building and their employees and invitees. The use of common areas, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-the portion of the land set aside by LANDLORD for nonexclusive use of tenants, is subject to use said such reasonable rules and regulations as the LANDLORD may impose from time to time. Overnight parking of vehicles (except for employees then working at the Leased Premises) and the storage, at any time, of any other property in the common and parking areas during of the entire term Building is prohibited. To accommodate TENANT's storage needs, LANDLORD agrees to lease to TENANT, on request by TENANT, on a space available basis, such storage space as required by TENANT, up to 1,000 square feet, in a location reasonably convenient to the loading dock, at the going rental rate for storage space in the Building, not to exceed $4.50 per square foot net. Any lease by TENANT of such storage space shall expire at the expiration or earlier termination of this Lease. Notwithstanding the "space available" provision contained above, or any extension thereof, for ingress and egress, and automobile parking. 27.
D. The Tenant, in the use of said common and parking areas, LANDLORD agrees to comply with such reasonable rules, regulations and charges for parking as offer the Landlord may adopt from time storage space depicted on Exhibit "A" to time TENANT pursuant to the balance of the two preceding sentences before leasing it to third parties. If LANDLORD identifies a prospective tenant for the orderly and proper operation storage space depicted on Exhibit "A," LANDLORD will first offer such space to TENANT pursuant to this Section 5. If TENANT does not accept LANDLORD's offer within 10 business days after receipt of said common and parking areas. Such rules may include but LANDLORD's offer, TENANT's right of first offer with respect to such space shall not be limited to the following:
(1) The restricting of employee parking to a limited, designated area or areas; and (2) the regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenantterminate.
Appears in 1 contract
Sources: Office/Service Building Lease (Summit Medical Systems Inc /Mn/)
PARKING AND COMMON AREAS. Landlord covenants that upon completion The parking and common areas of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or and any extension of the term hereof, of this Lease; provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such the parking and common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking and common areas. This Lease shall be subordinate to any agreement existing as of the date of this Lease, or to any agreement subsequently executed, which encumbers the real property of which the Premises are a part, which agreement provides for reciprocal easements and restrictions pertaining to the parking and common areas, and in the event of conflict between the provisions of such agreement and this Lease, the provisions of said agreement shall prevail. Provided, however, nothing therein shall cause Tenant to pay a greater share of the parking and common areas maintenance cost than herein provided, and provided further that there shall at all times be maintained parking and common areas of not less than two (2) square feet of parking and common areas for each square foot of ground floor building area or areaswithin the Shopping Center.
A. (a) Prior to the date of Tenant's opening for business in Tenant is to occupy the Premises, Landlord shall cause said improve the parking and common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27areas.
B. The (b) Landlord shall keep said automobile or cause to be kept the parking and common areas in a neat, clean and orderly condition condition, properly lighted and landscaped, and shall maintain, repair any damage to and/or replace the facilities thereof, but all expenses thereof as necessary in Landlord’s reasonable discretion. All costs incurred in connection with said automobile the parking and common areas shall be charged to the tenants of the Shopping Center and prorated in the manner hereinafter set forth. The phrase “costs incurred in connection with the parking and common areas” as set forth used herein shall be construed to include, but not be limited to, all sums expended by landlord in Article 7 hereof. 27.
C. Tenantconnection with the parking and common areas for resurfacing, for the use repaving, painting, restriping, cleaning, sweeping, janitorial services, planting, replanting and benefit of Tenantlandscaping, its agents, employees, customers, licensees and sub-tenants, shall have the nonexclusive right in common with Landlord, electricity and other present utilities, repair and future ownersreplacement of lighting standards, tenants directional signs and their agents, employees, customers, licensees other markers and sub-tenants, to use said common and parking areas during bumpers; maintenance of facilities which support the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking. 27.
D. The Tenant, Shopping Center which are not located in the use Shopping Center; general maintenance and repairs; personnel to implement such services and to police the parking and common areas; required fees or charges levied pursuant to any governmental requirements; maintenance of said common utility lines; public liability and property damage insurance on the parking and common areas, agrees to comply which shall be carried and maintained by Landlord and under which Tenant shall be named as an additional insured, with such reasonable rules, regulations and charges for parking limits as the determined by Landlord may adopt from time to time for the orderly time; and proper operation a fee equal to ten (10%) percent of said common and parking areas. Such rules may include but shall not be limited costs to the following:
(1) The restricting of employee parking to a limited, designated area or areas; and (2) the regulation Landlord for Landlord’s supervision of the removalmaintenance, storage repair and/or replacement of parking and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenantcommon areas as hereinabove described.
Appears in 1 contract
Sources: Sublease (1st Pacific Bancorp)
PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of 9.1 Tenant, its agents, employees, customersservants, licensees contractors, subtenants, licensees, customers and sub-tenants, business invitees shall have the nonexclusive right right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use such common areas of the Property (including, but not limited to, the parking lot(s), walkways, corridors, halls, passageways and ramps, sidewalks, access roads, landscape and planted areas, public rest rooms and other public facilities) as designated from time to time by Landlord in its sole discretion (collectively, "Common Areas"), subject to such rules and regulations as Landlord may from time to time impose. Tenant agrees that it, its agents, employers, servants, contractors, subtenants, invitees and licensees shall abide by such rules and regulations. Landlord may at any time close any such Common Areas to make repairs or changes, to prevent the acquisition of public rights in such Common Areas, or to discourage noncustomer parking. Landlord shall operate, manage, equip, light, repair and maintain the Common Areas for their intended purposes, as Landlord shall determine. Landlord reserves the right to dedicate all or portions of such Common Areas and other portions of the Property for public utility purposes. Landlord may do such other acts in and to the Common Areas as in its sole judgment may be desirable. Tenant shall not at any time interfere with the rights of Landlord, and other present and future ownerstenants, tenants its and their agents, employees, customersservants, licensees contractors, subtenants, licensees, customers and sub-tenants, business invitees to use said common and any part of the parking areas during the entire term of this Lease, lot or any extension thereof, for ingress and egress, and automobile parkingCommon Areas. 27.
D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited subject to the following:
(1) The restricting any liability, nor shall Tenant be entitled to any compensation, or reduction or abatement of employee parking to a limitedrent, designated area by reason of any alteration or areas; and (2) the regulation diminution of the removalCommon Areas, storage and disposal no such alteration or diminution of Tenantthe Common Areas, shall be deemed constructive or actual eviction.
9.2 Notwithstanding the foregoing, Tenant shall be obligated to pay its share of the Property's refuse and other rubbish at the sole cost and expense of TenantOperating Cost as set forth in Section 3 above.
Appears in 1 contract
Sources: Lease (Truevision International Inc)
PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, employees, customersservants, licensees contractors, subtenants, licensees, customers and sub-tenants, business invitees shall have the nonexclusive right right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use such common areas of the Hotel (including, but not limited to, the parking lot, walkways, sidewalks, hallways, lobby and public restrooms) as may be designated from time to time by Landlord, subject to such rules and other present regulations as Landlord may from time to time impose, provided such designation and future ownerssuch rules and regulations do not materially interfere with Tenant's business. Subject to the foregoing: Tenant agrees that it, tenants and their its agents, employees, customersservants, contractors, subtenants and licensees shall abide by such rules and sub-tenantsregulations and that Landlord shall have the exclusive management and control of all common areas; Landlord may at any time close any common area or other portions of the Hotel to make repairs or changes, to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking (provided that no such closure (other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access to the Premises). Landlord may do such other acts in and to the common areas and the other portions of the Hotel as in its judgment may be desirable. Landlord agrees, however, to use said common all reasonable efforts to maintain adequate access to the Premises when the Premises is open for business so that Tenant's customers and staff can enter and leave the Food Court. All parking areas during the entire term of this Leasewhich Tenant's employees may be permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area is diminished, Landlord shall not be subject to any extension thereofliability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation or diminution of such areas be deemed constructive or actual eviction; provided, however, that Landlord shall exercise its rights with respect to such revocable license for ingress and egress, and automobile parkingparking by Tenant's employees in a nondiscriminatory manner. 27.
D. The Tenant, Tenant shall direct its employees to park only in the use of said common and those areas (which may include off-site parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the ) designated by Landlord may adopt from time to time for such purposes. Landlord agrees to maintain the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited to areas in the following:
(1) The restricting of employee parking to a limited, designated area or areas; and (2) the regulation vicinity of the removal, storage Premises in good condition and disposal of Tenant's refuse to keep the same clean and other rubbish at the sole cost and expense of Tenantneat in appearance.
Appears in 1 contract
PARKING AND COMMON AREAS. Landlord covenants that upon completion The TENANT, its employees and invitees shall have the non-exclusive right to use the common areas, driveways and parking lots along with the other tenants of the Shopping Center an area approximately equal to Building and their employees and invitees. The use of common areas, and the common and parking areas as shown on portion of the attached Exhibit "All shall be at all times available land set aside by LANDLORD for the non-exclusive use of Tenant during tenants, is subject to such reasonable rules and regulations as the full term LANDLORD may impose from time to time. No more than 3.3 parking spaces per 1 ,000 square feet are to be occupied at any one time by the TENANT, its employees and invitees. Overnight parking of this Lease or any extension of the term hereofvehicles is prohibited; except private vehicles on a non-recurring basis, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenantlonger than seven continuous days. Landlord LANDLORD reserves the right to change move or remove any vehicle remaining after seven days during the entrancessnow removal season. The storage, exitsat any time, traffic lanes and of any property in the boundaries and locations common areas is prohibited. TENANT will have no right to use the upper level parking area. TENANT has the right, (at any time, by giving LANDLORD written notice specifying the number of such additional parking area or areas.
A. Prior stalls desired) to require LANDLORD to Create up to forty (40) parking stalls on the property in addition to those existing as of the date of Tenant's opening the Lease. Upon receiving the notice, LANDLORD will diIigently undertake reasonable efforts to do all things necessary to Create the stalls, including applying for business all necessary City approvals. If LANDLORD Cannot, despite reasonable efforts, obtain all such approvals, LANDLORD will have no obligation to Create the stalls, notwithstanding anything herein to the Contrary. LANDLORD will have no obligation to bring suit against the City to obtain any such approval, and "reasonable efforts" shall not be Construed to require any such suit. If LANDLORD can obtain approval for some but not all of the desired stalls, LANDLORD will so notify TENANT, who will have the right, by notice given within the following five (5) days, to Cancel its notice calling for additional stalls, or accept the number of new stalls available, or appeal to the City of Minnetonka. The location of the stalls will be decided by mutual agreement among LANDLORD, TENANT, and to the extent the law allows. LANDLORD will fund all expenses (including, without limitation, city applications fees) incurred in creating the stalls, but will be entitled to invoice TENANT for such expenses, starting on completion of the stalls, amortized over the number of months remaining in the Premisescurrent lease term, Landlord shall cause said common at the rate of 10% per annum, simple interest. This invoice amortized amount will be treated as base rent, and parking area or areas TENANT will, on request, execute a lease amendment reflecting the increase in monthly base rent to be graded, surfaced, marked and landscaped at no expense to Tenantinclude the amortized monthly installment. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, LANDLORD shall have the nonexclusive right to construct additional parking at any time Upon completion of the stalls, TENANT will have the right to occupy, at any one time, stalls on the property (except the upper parking lot) equal in common with Landlordnumber to 80 plus the number of new stalls created pursuant to this provision. TENANT will have no right, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenantshowever, to use said common and parking areas during the entire term of this Leaserequire LANDLORD to designate any stalls, or any extension thereof, for ingress and egress, and automobile parking. 27.
D. The Tenant, except all stalls created in the area marked on Exhibit A & B as Parking Area for the exclusive use of said common and parking areasthe TENANT. Any default, agrees to comply with such reasonable ruleswhile uncured, regulations and charges for parking as the Landlord will suspend TENANT'S rights under this provision. TENANT may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited to the following:
(1) The restricting of employee parking to a limited, designated area or areas; and (2) the regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenantexercise its right under this provision only once.
Appears in 1 contract
PARKING AND COMMON AREAS. Landlord covenants that upon completion (a) Tenant shall have the right to use FIVE (5) assigned parking spaces -------- (the "Assigned Spaces") located in the parking structure comprising a part of the Shopping Center Building Complex (the "Garage") on the terms and conditions contained herein. Tenant shall have the right to use SIX --- (6) unassigned parking spaces (the "Unassigned Spaces") located in --- a surface parking area constructed on the real property (the "Surface Lot") on the terms and conditions contained herein The rights of Tenant to the Assigned and Unassigned Spaces as granted by Landlord shall collectively be referred to as the "Parking Privileges."
(b) There shall be no charge for the Unassigned Spaces. Tenant shall pay to Landlord as a parking fee for the Assigned Spaces an area approximately amount (the "Fee") equal to the common and result obtained by multiplying the monthly charge per assigned parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking space established by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall have the nonexclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants, to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking. 27.
D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for assigned parking privileges in the orderly Garage times the number of assigned parking spaces included in the Assigned Spaces. The initial monthly charge per assigned parking space is $45.00 FOR COMPACT AND ---------------------- FOR MID-SIZE AND $60.00 FOR FULL SIZE and proper operation Landlord shall be entitled ------------------------------------- to increase or decrease such charge from time to time upon at least one month's written notice of said common and parking areas. Such rules may include but the increase or decrease to Tenant, provided, however, that any such increase shall not exceed the highest amount charged for comparable covered parking spaces in the office park area generally referred to as the Denver Technological Center. The Fee shall be limited paid on the first day of the Term of this Lease and on the first day of each succeeding calendar month during the Term of this Lease. All payments of the Fee shall be made in advance, without notice or set off, at the address of Landlord set forth in this Lease, or at such place as Landlord from time to time designates in writing. If the Term of this lease shall begin on a day other than the first day of a calendar month or end on a day other than the last day of a calendar month, the Fee for the fractional month at the beginning or end of the Term of this Lease shall be prorated on a daily basis and shall be paid on the date of the beginning of the Term of this Lease or in advance on the first day of the last month of the Term of this Lease, as the case may be.
(c) The Parking Privileges shall commence on the same day as the Term of this Lease and shall continue in full force and effect for the Term of this Lease unless sooner terminated or extended pursuant to the following:provisions of this Lease. The Parking Privileges shall automatically terminate upon the expiration or earlier termination of the Term of this Lease.
(1) The restricting Tenant shall use the Assigned and Unassigned Spaces only for automobile parking. Landlord shall have the right at any time to change the arrangement or location of, or both, or to regulate the use of, the Assigned and Unassigned Spaces or the Garage or Surface Lot without incurring any liability to Tenant or entitling Tenant to any abatement of employee the Fee. Among other things, Landlord shall be entitled to assign designated areas for use by particular persons or groups of persons and Tenant shall refrain from parking in such spaces. Tenant acknowledges that the Unassigned Spaces will not be designated for use by Tenant and that Tenant will use the Unassigned Spaces in the Garage and Surface Lot in common with all persons to a limited, designated area whom or areas; which Landlord grants the right to use the Assigned Spaces in the Garage and Surface Lot.
(2) the regulation The use of the removalAssigned and Unassigned Spaces is subject to the following rules:
A. Tenant shall designate use of the Assigned and Unassigned Spaces to specific individuals employed by Tenant ("Designated Users"), storage but Tenant shall remain responsible for all obligations to pay rent or to otherwise perform hereunder. Tenant agrees to provide Landlord from time to time with a listing of all vehicles of Designated Users, including names, vehicle models and disposal colors and license plate numbers, and Tenant shall provide Landlord with a revised listing promptly after any change to the listing. Tenant shall see that all of Tenant's refuse Tenants Designated Users are supplied with parking decals provided by Landlord, which decals shall at all times be displayed prominently on the vehicles of Designated Users. Tenant shall be responsible for enforcing compliance with all terms contained herein by Designated Users of the Assigned and Unassigned Spaces. Landlord shall have the right to directly ban any Designated User from the Assigned and Unassigned Spaces for violation of the Parking Privileges.
B. Tenant and Designated Users of the Assigned and Unassigned Space shall approach and leave the parking facilities with due care for pedestrians, other moving or parked vehicles, and the doors, fences and other rubbish at improvements in the sole cost Garage and expense of Tenanton the Surface Lot.
Appears in 1 contract
Sources: Office Building Lease (Colorado Business Bankshares Inc)
PARKING AND COMMON AREAS. Landlord covenants that upon completion The parking and common areas of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereofLease, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such the parking and common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or and common areas.
A. Prior . This Lease shall be subordinate to any agreement of record existing as of the date of Tenant's opening this Lease, or to any agreement subsequently recorded, which encumbers the real property of which the Premises are a part, which agreement provides for business reciprocal easements and restrictions pertaining to the parking and common areas, and in the Premisesevent of conflict between the provisions of such agreement and this Lease, Landlord the provisions of said agreement shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27prevail.
B. The (a) Landlord shall keep said automobile or cause to be kept the parking and common areas in a neat, clean and orderly condition condition, properly lighted and landscaped, and shall maintain, repair any damage to and/or replace the facilities thereof, but all expenses thereof as necessary in Landlord’s reasonable discretion. All costs incurred in connection with said automobile the parking and common areas shall be charged to the tenants of the Shopping Center and prorated in the manner hereinafter set forth. The phrase “costs incurred in connection with the parking and common areas” as set forth used herein shall be construed to include, but not be limited to, all sums expended by Landlord in connection with the parking and common areas for resurfacing, repaving, painting, restriping, cleaning, sweeping, janitorial services, planting, replanting, landscaping, electricity and other utilities, repair and replacement of lighting standards, pylon and monument signs, directional signs and other markers and bumpers, general maintenance and repairs, personnel to implement such services and to police the parking and common areas, required fees or charges levied pursuant to any governmental requirements, maintenance of common utility lines, public liability and property damage insurance on the parking and common areas, which shall be carried and maintained by Landlord and with limits as determined by Landlord from time to time, plus a fee equal to ten (10%) percent of all of said costs to Landlord for administration of the maintenance, repair and/or replacement of the parking and common areas as hereinabove described. Said expenses and administrative fee are herein referred to as “Common Area Expense.” Landlord shall periodically mail to Tenant a statement, itemizing in reasonable detail, the total Common Area Expense, and Tenant shall pay to Landlord as Additional Rental, Tenant’s pro rata share of such cost within ten (10) days after the mailing of said statement. Tenant’s pro rata share shall be determined by the ratio that the number of square feet of gross floor area, excluding mezzanine and basement, in the Premises bears to the total number of square feet of gross floor area, excluding mezzanine and basement, of all buildings in the Shopping Center which have been completed as of the commencement of the billing period. In the event Tenant’s business by its nature results in additional debris in the parking and common areas (such as a fast food business) Landlord may allocate additional Common Area Expense to Tenant. Landlord may, at its option, estimate the Common Area Expense and collect and impound from Tenant, the amount of Tenant’s pro rata share as provided in Article 7 hereof7. 27In the event Landlord does not own the entire Shopping Center, Tenant’s pro rata share of the costs shall be determined by the ratio that the number of square feet of gross floor area, excluding mezzanine and basement in the Premises, bears to the total number of square feet of gross floor area, excluding mezzanines and basements, of all buildings owned by Landlord in the Shopping Center multiplied by the Common Area Expense incurred by Landlord for the parking and common areas owned by Landlord.
C. (b) Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenantssubtenants, shall have the nonexclusive non-exclusive right in common with Landlord, and other present and future owners, tenants tenants, and their agents, employees, customers, licensees and sub-tenantssubtenants of the Shopping Center, to use said the parking and common and parking areas during the entire term of this Lease, or and any extension extensions thereof, for ingress and egress, egress and automobile parking and pedestrian movement; provided, however, Tenant and Tenant’s employees shall park their automobiles in those areas designated by Landlord for employee parking. 27.
D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but or at Landlord’s written request shall not be limited to the following:
(1) The restricting of employee parking to a limited, designated area or areas; and (2) the regulation park their automobiles outside of the removalShopping Center, storage and disposal of Tenant's refuse and provided all other rubbish at tenants within the sole cost and expense of TenantShopping Center are required to do the same.
Appears in 1 contract
Sources: Lease (1st Pacific Bancorp)
PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center Snack Plant an area approximately equal to the common and parking areas as shown on the attached Exhibit "All A" shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or of other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas, provided, however, that anything to the contrary notwithstanding contained in the Article 28, said parking area or areas shall at all times be substantially equal or equivalent to that shown on attached Exhibit "A".
A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking perking and common areas in a neat, clean and orderly condition condition, and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, agents employees, customers, licensees and sub-tenantssubtenants, shall have the nonexclusive non-exclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenantssubtenants, to use said common and parking areas during the entire term of this Lease, or and any extension thereof, for ingress and egress, and automobile parking. 27.
D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation operations of said common and parking areasarea. Such rules may include but shall not be limited to the following:
(1) The restricting of employee parking to a limited, designated area or areas; and and
(2) the regulation The regulations of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenant.
Appears in 1 contract
PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees employees and sub-tenants, business invitees shall have the nonexclusive right right, in common with Landlord and all others to whom Landlord has granted or may hereafter grant rights, to use such common areas in or adjoining the Building (including but not limited to, the parking lot, walkways and sidewalks) as are designated from time to time by Landlord, subject to such rules and regulations as Landlord may from time to time impose, including the designation of specific areas in which cars operated by Tenant, its employees and business invitees must be parked. Landlord may at any time close any common area to make repairs or changes, to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking. Tenant shall upon request furnish to Landlord the license number of cars operated by Tenant and its employees. Tenant shall not at any time interfere with the right of Landlord, other present and future ownerstenants, tenants its and their agents, employees, customersservants, licensees contractors, subtenants, licensees, customers and sub-tenants, business invitees to use said any part of the parking lot or other common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parkingareas. 27.
D. The Tenant, in Landlord assumes no responsibility to police the use of said common parking areas and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited liable for the use thereof by Landlord, Landlord’s other tenants, its or their agents, employees, servants, contractors, subtenants, licensees, customers and/or business invitees or by any other person or persons, entity or entities whomsoever. At no time may Tenant overburden the parking facilities available to the following:
building (1as shown on Exhibit A hereto) The restricting of employee parking to a limitedby Tenant’s use for itself, designated area its customers, invitees or areas; and (2) the regulation guests, over 50% of the removalparking spaces in such parking facilities. The bulletin board or directory of the Building, storage if any, shall be provided exclusively for the display of the names and disposal locations of Tenant's refuse tenants only, and Landlord reserves the right to exclude any other rubbish names therefrom and otherwise limit the number of listings thereon. Tenant shall not at any time interfere with the sole cost rights of Landlord, other tenants, its and expense their agents, employees, servants, contractors, subtenants, licensees, customers and business invitees to use any part of Tenantthe parking lot or other common areas. All parking areas and common areas which Tenant maybe permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area is diminished, including by Landlord reserving certain parking spaces to itself or another tenant so long as such reservation does not exceed 50% of the parking spaces providing in the parking facilities, Landlord shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall revocation or diminution of such areas be deemed constructive or actual eviction.
Appears in 1 contract
Sources: Commercial Lease Agreement (Mystic Holdings Inc./Nv)
PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of 30.1 Tenant, its agents, employees, customersservants, licensees contractors, subtenants, licensees, customers and sub-tenants, business invitees shall have the nonexclusive right right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use such areas of the Center, including, but not limited to, the parking areas, walkways and sidewalks, as designated from time to time by Landlord, subject to such rules and regulations as Landlord may from time to time impose. Tenant agrees that it, its agents, employees, servants, contractors, subtenants and licensees shall abide by such rules and regulations and all the terms and conditions of the Landlord. Landlord may at any time close any common area to make repairs or changes, to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking. Landlord reserves the right to dedicate all or portions of such Common Areas and other present portions of the Center for public utility purposes. Landlord may do such other acts in and future ownersto the Common Areas as in its judgment may be desirable. Tenant shall not at anytime interfere with the rights of Landlord, tenants other owners of portions of the Center, other tenants, its and their agents, employees, customersservants, licensees contractors, subtenants, licensees, customers and sub-tenants, business invitees to use said common and any part of the parking areas during the entire term of this Leaseor other common areas.
30.2 All parking areas and common areas that Tenant may be permitted to use are to be used under a revocable license, and if any such license is revoked, or any extension thereofif the amount of such area is diminished, for ingress and egress, and automobile parking. 27.
D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited subject to the following:
(1) The restricting any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of employee parking to a limitedrent, designated area nor shall revocation or areas; and (2) the regulation diminution of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenantsuch areas be deemed constructive or actual eviction.
Appears in 1 contract
Sources: Lease (1847 Holdings LLC)
PARKING AND COMMON AREAS. Landlord (a) Tenant covenants that upon completion and agrees to pay to Landlord, as Additional Rent, Tenant’s proportionate share of the Shopping Center an area approximately equal to Common Area Costs (as defined in paragraph (b) hereinbelow) for each calendar year during the common and parking areas as shown Term. As used herein, “Tenant’s proportionate share” of the Common Area Costs shall mean the amount obtained by multiplying said Costs by the Tenant’s Fraction. Payment on account of Tenant’s proportionate share of the attached Exhibit "All Common Area Costs shall be made monthly, as part of Tenant’s total Rent, at all the times available for and in the non-exclusive use of Tenant during the full term manner provided in Section 5 of this Lease or any extension Lease. Landlord shall keep good and accurate records of the term hereofCommon Area Costs in accordance with sound accounting practices arid shall allow Tenant (after reasonable notice to Landlord) to inspect said records at the principal business office of Landlord in order to verify. Landlord’s, provided that the condemnation or other taking by any public authority, or sale in lieu annual statements of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenantsaid costs. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in records for a neat, clean and orderly condition and shall repair any damage period of at least two (2) years after the end of the year to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27which they relate.
C. Tenant(b) For the purposes hereof, the term “Common Area Costs” with respect to any year shall mean the total costs and expenses incurred by Landlord or its agents during such year for operating, maintaining, repairing and/or replacing all or any part of the use Parking Areas and benefit of Tenantother Common Areas (and any installations thereon, its agents, employees, customers, licensees and sub-tenants, shall have the nonexclusive right in common with Landlordthereunder or thereover), and other present any Common Facilities (as hereinafter defined, including any Common Facilities located upon or under the Premises), which costs and future ownersexpenses shall include, tenants and their agents, employees, customers, licensees and sub-tenants, to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking. 27.
D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited to, the following: the total costs and expenses incurred in cleaning, mowing, trimming, replanting and maintaining the lawns and landscaping within the Shopping Center; the costs of all Landlord’s insurance (other than Landlord’s fire and casualty insurance), including, but not limited to, bodily injury, public liability, property damage liability, automobile parking lot liability, workmen’s compensation, and any other insurance carried by Landlord with respect to the following:
(1) The restricting Common Areas or any part thereof; all costs for repairs, repaving, line repainting, exterior repainting, rental and maintenance of employee parking to a limitedsigns’ and equipment, designated area or areas; lighting, sanitary control, removal of snow and (2) the regulation of the removalice, storage and disposal of Tenant's refuse trash, rubbish, garbage and other rubbish at refuse, repair and/or replacement of water lines, electrical lines, gas lines, sanitary sewer lines and storm water lines; all costs for repairs, replacements, alterations or improvements to the sole Parking Areas and other Common Areas and Common Facilities required by governmental statutes, ordinances, regulations or other requirements, including without limitation those relating to accessibility and usability; all electrical, water, sewer or other utility charges for serving the Common Areas (including any off-site sanitary treatment plants serving the Shopping Center and all pipes leading to and from the same); the cost of personnel to implement such services; wages and expense salaries (including employee benefits) of Tenantany personnel; personal property taxes, sales and use taxes on material, equipment, supplies and services; fees for required licenses and permits; fire, security and police protection; supplies, materials and labor. In addition there shall be include a charge equal to fifteen percent (15%) of all such costs and expenses incurred by Landlord to cover Landlord’s administrative overhead.
Appears in 1 contract
PARKING AND COMMON AREAS. Landlord covenants that upon completion of For as long as Tenant affirmatively complies with the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term terms of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. Prior to the date of Tenant's opening for business in the PremisesLease, Landlord shall cause said common and parking area or areas grants to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agentsemployees and invitees, employees, customers, licensees and sub-tenants, shall have the nonexclusive a non exclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants, to use said common and parking areas during the entire term of this Lease, but subject to such rules and regulations as Landlord may enact in accordance with the terms hereof, the common areas shown on Exhibit A-2 (Site Plan) and which areas are or any extension thereofshall be designated by Landlord and are acknowledged to be for use of such persons along with others similarly entitled, for parking, and for ingress and egressegress between the Premises and other portions of the common areas as shown on Exhibit A-2, which may include adjoining streets, sidewalks, and automobile parkinghighways. 27.
D. Landlord represents that the parking facilities at the Building are at a ratio of 2.8 parking spaces per 1,000 square feet of space (127 spaces). Not less than 35 spaces shall be made available for Tenant's use. Such spaces include striping spaces directly behind the building unless prohibited by applicable laws or traffic patterns. The 35 spaces mentioned above are available only if tenant occupies 9,775 rentable square feet. If Tenant finds that parking serving its reasonable needs are insufficient, Landlord will use its best efforts to provide additional space adjacent to the building. Tenant, 's employees shall park only in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt areas designated from time to time by Landlord, and not in any other parking area. If Landlord wishes to move Tenant's employees' parking areas, such new areas shall be reasonably satisfactory to Tenant. Three(3)"visitor" spaces will be provided adjacent to Inspire Pharmaceutical, Inc.'s main entrance. In no event shall the Landlord be responsible for patrolling the use of the "visitor" spaces provided. Common areas include, without limitation, parking areas and entrances and exits thereto, driveways and truck serviceways, sidewalks, landscaped areas, business park entrance areas and other areas and facilities provided for the orderly common or joint use and proper operation benefit of said occupants of the Building and others, their respective employees, agents, representatives, customers and invitees. Landlord reserves the right, from time to time, to reasonably alter the common areas, to exercise control and management of the common areas and to establish, modify, change and enforce such reasonable rules and regulations as Landlord in its discretion may deem desirable for the management of the Building, the business park, the common areas or any part thereof. In using any part of the common areas, Tenant shall not permit anything which may impede the free flow of traffic through such common areas, endanger persons or property or encroach on the loading or unloading, service and parking areasareas of any other tenant. Such rules may include but shall not be limited Rules and Regulations which apply in part to the following:
(1) The restricting of employee parking to a limited, designated area or areas; and (2) the regulation Tenant's use of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenant.common areas are set forth in Exhibit C.
Appears in 1 contract
Sources: Lease (Inspire Pharmaceuticals Inc)
PARKING AND COMMON AREAS. a. Upon request by Tenant and subject to availability, during the Lease Term, Tenant may request reserved parking spaces in the covered parking area (“Designated Space(s)”). If such request is made by Tenant, Landlord’s sole obligation shall be to identify such spaces as designated for Tenant’s exclusive use, using such signage or methods of identification as Landlord covenants that upon completion shall deem appropriate. Landlord may, but shall have no obligation to, enforce such designation by towing violators or other enforcement actions. Tenant shall not have the right to tow vehicles parked in Tenant’s designated spaces. Landlord shall have the right, after reasonable notice to Tenant and in Landlord’s discretion, to change the location of Tenant’s designated parking spaces from time to time so long as they continue to be in the Shopping Center an area approximately equal covered parking area. In addition to Base Rent and as additional rent hereunder, Tenant shall pay Landlord Seventy-Five and 00/100 Dollars ($75.00) per Designated Space per month (“Parking Charge”) commencing with the first payment of Base Rent following the delivery of a Designated Space to Tenant. The monthly Parking Charge shall increase at the same times and in the same proportions as each increase in Base Rent.
b. In addition to the common and parking areas as shown on Premises, Tenant shall have the attached Exhibit "All shall be at all times available for the right to non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereofuse, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall have the nonexclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants, to use said and the guests, employees and invitees of common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and (“Common Areas”) (a) automobile parking. 27.
D. The Tenant, in the use of said common and parking areas, agrees to comply with driveways and footways, and (b) such reasonable rulesloading facilities, regulations freight elevators and charges for parking other facilities as the Landlord may adopt be designated from time to time by Landlord, subject to the terms and conditions of this Lease and to reasonable rules and regulations for the orderly use thereof as prescribed from time to time by Landlord. The parking area shall be provided with adequate lighting and proper operation shall be maintained in good condition by Landlord; provided that Landlord shall have the right at any time and from time to time to change or modify the design and layout of said the parking area(s). In no event shall Tenant use, at any time, more than three point eight (3.8) parking spaces per one thousand (1,000) usable square feet of space in the Premises. If, at any time, Landlord reasonably determines that Tenant’s use of the parking lot has exceeded the number of parking spaces allocated to Tenant, Landlord shall give Tenant written notice and Tenant shall, at Tenant’s expense, make arrangements for employee parking at a site located off the Property sufficient to reduce Tenant’s use of the parking lot to the required ratio.
c. The common areas shall be subject to the exclusive control and management of Landlord and Landlord shall have the right to establish, modify and change and enforce from time to time rules and regulations with respect to the common areas so long as such rules are not discriminatory against Tenant; and Tenant agrees to abide by and conform with such rules and regulations.
d. Tenant agrees that it and its officers and employees will park their automobiles only in such areas as Landlord may from time to time designate. Tenant agrees that it will, within five (5) days after written request therefore by Landlord, furnish to Landlord the state automobile license numbers assigned to its cars and the cars of all of its employees. Tenant shall not park any truck or delivery vehicle in the parking areas, nor permit deliveries at any place other than as designated by Landlord.
e. Neither the parking area nor any common Area in the Building shall be used by Tenant, its successors and assigns, or any agent, employee, invitee, licensee, or customer of Tenant, for any advertising, political campaigning or other similar use, including without limitation, the dissemination of advertising or campaign leaflets or flyers.
f. Landlord expressly reserves the right at any time during the term of this Lease to impose a charge for parking and/or a validation system for the parking of cars in the areas reserved for Bank parking.
g. In the event Landlord deems it necessary to prevent the acquisition of public rights in and to the Building, Landlord may from time to time temporarily close portions of the common areas, and may erect private boundary markers or take such steps as deemed appropriate for that purpose. Such rules may include but action shall not constitute or be limited to the following:
(1) The restricting considered an eviction or disturbance of employee parking to a limited, designated area or areas; and (2) the regulation Tenant’s quiet possession of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of TenantPremises.
Appears in 1 contract
PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "All “A” shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas, provided, however, that anything to the contrary notwithstanding contained in this Article 27, said parking area or areas shall at all times be substantially equal or equivalent to that shown on the attached Exhibit “A”.
A. Prior to the date of Tenant's ’s opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfacedsurface, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall have the nonexclusive non-exclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants, to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking. 27.
D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited to the following:
: (1) The restricting of employee parking to a limited, designated area or areas; and (2) the The regulation of the removal, storage and disposal of Tenant's ’s refuse and other rubbish at the sole cost and expense of Tenant.
Appears in 1 contract
PARKING AND COMMON AREAS. All parking and common areas and other common facilities made available by Landlord covenants that upon completion in or about the Leased Premises shall be subject to exclusive control and management of Landlord, expressly reserving to Landlord, without limitation, the Shopping Center an area approximately equal right to erect and install improvements within said areas. Common Areas (whether as initially constructed or as the same may be enlarged or reduced at any time thereafter) means all areas, space, facilities, equipment, signs and special services from time to time made available by Landlord for the common and joint use and benefit of Landlord, the Tenant and other tenants and occupants of the Leased Premises, and their respective employees, agents, subtenants, concessionaires, licensees, customers and invitees, which may include (but shall not be deemed a representation as to their availability), any sidewalks, parking areas, access roads, driveways, landscaped areas, truck service-ways, loading docks, stairs, ramps, elevators, escalators and public washrooms. Landlord expressly reserves the right from time to time, to construct, maintain and operate lighting and other facilities, equipment and signs on all Common Areas; to police the same; to change the area, level, location and arrangements of the parking areas and other facilities forming a part of the Common Areas; to build parking facilities; to restrict parking by tenants and other occupants of the Leased Premises and their employees, agents, subtenants, concessionaires and licensees; to close temporarily all or any portion of the Common Areas for the purpose of making repairs or changes thereto and to discourage non-customer parking; to establish, modify and enforce reasonable rules and regulations with respect to the Common Areas and the use to be made thereof; and to grant individual tenants the right to conduct sales in the Common Areas. Landlord shall operate, manage, equip, light and maintain the Common Areas in such manner as shown on Landlord may from time to time determine, and Landlord shall have the attached Exhibit "All right and exclusive authority to employ and discharge all personnel with respect thereto. Landlord will under no circumstances restrict ingress to Tenant’s space. Tenant is hereby given a non-exclusive license to use, during the terms hereof, the Common Areas of the Leased Premises as they may now or at any time during the term exist, provided, however, that should the size, location or arrangement of such Common Areas or the type of facilities at any time forming a part thereof be changed or diminished, Landlord shall not be at all times available for subject to any liability therefore, nor shall Tenant be entitled to any compensation or diminution or abatement of rent therefore, nor shall such change or diminution of such areas be deemed a constructive or actual eviction. Landlord reserves the exclusive right to grant to third persons the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes cross over and the boundaries and locations of such parking area or areas.
A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall have the nonexclusive right in common with Landlord and all tenants of the Leased Premises and the Common Areas as designated from time to time by Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants, to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking. 27.
D. The Tenant, in the use of said the common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areastime. Such rules may include include, but shall not be limited to to, the following:
: (1) The the restricting of employee parking to a limited, designated area or areas; and (2) the regulation of the removal, storage and disposal of Tenant's ’s refuse and other rubbish at the sole cost and expense of Tenant.; and (3) to remain in compliance with applicable City codes, parking requirements, and parking ratios
Appears in 1 contract
PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal Subject to the common provisions herein, Lessee ------------------------ shall be assigned five (5) parking spots in front, two (2) visitor parking spots and three (3) parking areas as shown spots on the attached Exhibit "All shall be at all times available east side, and approximately three (3) to four (4) parking spots adjacent to the rear wall of unit (west side) for the non-exclusive use of Tenant during Lessee. Additional parking spots are available along west fence and retention pond by rear building but this is open parking and available to all BREL Park occupants. Lessee will notify the full term Lessor if it needs additional spaces and at that time it will be provide up to four (4) additional assigned spaces, if available. Except as provided in preceding paragraph, Lessee shall have the right to nonexclusive use, in common with Lessor, other Lessees, and the guests, employees, and invitees of same, of the following areas: (a) automobile parking areas and driveways, and (b) other facilities as may be designated from time to time by Lessor, subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Lessor. The parking area shall be maintained in good condition by Lessor; provided that, Lessor shall have the right at any time and from time to time to change or any extension modify the design and layout of the term hereofparking area(s)., provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged subject to the exclusive control and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use management of Lessor and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, Lessor shall have the nonexclusive right in common with Landlordto establish, modify, change and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants, to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking. 27.
D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt enforce from time to time for the orderly rules and proper operation of said common and parking areas. Such rules may include but shall not be limited regulations with respect to the following:
(1) The restricting of employee parking to a limited, designated area or common areas; and Lessee agrees to abide by and conform to such rules and regulations. Lessee further agrees that it and its representatives and employees will park their automobiles only in such areas as Lessor may from time to time designate for such parking. Lessor has the absolute right to designate, reserve, or assign parking spaces. Lessee agrees that it will, within five (25) days after written request therefor by Lessor, furnish to Lessor the regulation State automobile license numbers assigned to its cars and cars of all of its employees. Lessee shall not permit delivery of merchandise at any place other than as designated by Lessor. Neither the removalparking area nor any other common area shall be used by Lessee, storage and disposal or any agent or employee of Tenant's refuse and Lessee, for any advertising, political campaigning or other rubbish at similar use, including without limitation, the sole cost and expense dissemination of Tenantadvertising or campaign leaflets or flyers.
Appears in 1 contract
PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant9.01. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees employees and sub-tenants, business invitees shall have the nonexclusive right right, in common with Landlord and all other to whom Landlord has granted or may hereafter grant rights, to use such common areas in or adjoining the Building (including but not limited to, the parking lot, walkways and sidewalks) as are designated from time to time by Landlord, subject to such rules and regulations as Landlord may from time to time impose, including the designation of specific areas in which cars operated by Tenant, its employees and business invitee must be parked. Landlord may at any time close any common area to make repairs or changes (provided the closure does not unreasonably impede access to the Leased Property by customers and employees of Tenant), to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking. Landlord may do such other present acts in and future ownersto the common areas as in its judgment may be desirable, tenants including, but not limited to, the conversion of portions thereof to other uses. Tenant shall upon request furnish to Landlord the license number of cars operated by Tenant and its employees. Tenant shall not at any time interfere with the right of Landlord, other tenants, its and their agents, employees, customersservants, licensees contractors, subtenants, licensees, customers and sub-tenants, business invitees to use said any part of the parking lot or other common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parkingareas. 27.
D. The Tenant, in Landlord assumes no responsibility to police the use of said common parking areas and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited liable for the use thereof by Landlord, Landlord's other tenants, its or their agents, employees, servants, contractors, subtenants, licensees, customers and/or business invitees or by any other person or persons, entity or entities whomsoever.
9.02. All parking areas and common areas which Tenant may be permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area is diminished, Landlord shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall revocation or diminution of such areas be deemed constructive or actual eviction. If Tenant's beneficial use of Tenants reserved parking is diminished by Landlord for a period more than ten (10) days then Tenant shall be entitled to a rental abatement of $1.00 per day per space for each space which has been diminished.
9.03. The bulletin board or directory of the Building, if any, shall be provided exclusively for the display of the names and locations of tenants only and other matters relating to the Building, and Landlord reserves the right to exclude any other names therefrom and otherwise limit the number of listings thereon.
9.04. For the purpose of this Lease Agreement and this section 9, the words "Common Area" shall include the following:
(1) The restricting of employee : lobbies, hallways, staircases, elevators, service rooms, sidewalks, courtyards, landscaped areas, and parking to a limited, designated area or areas; and (2) the regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenantlot.
Appears in 1 contract
Sources: Sublease Agreement (Onecap)
PARKING AND COMMON AREAS. Landlord covenants that upon completion Subject to the terms and conditions of this Lease, and to reasonable rules and regulations regarding use as prescribed from time to time by Landlord, Tenant shall have the use of the Shopping Center an number of parking spaces set forth in Paragraph 1, if any. Landlord may assign particular parking spaces for Tenant's use or may provide a parking area approximately equal to the common and with unassigned parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenantspaces. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area temporarily or areas.
A. Prior to the date of permanently relocate Tenant's opening for business in parking space within a one block radius of the Premises, Landlord shall cause said common property and parking area or areas Tenant agrees to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall have the nonexclusive right in common cooperate with Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and sub-tenants, 's need to use said common and relocate its parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parkingherein. 27.
D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time assign limited and particular parking spaces for the orderly sole and proper operation exclusive use of said common Landlord, Tenant or other tenants of the Building, their officers, agents, employees or invitees in such manner as Landlord may deem necessary or appropriate. Tenant agrees that it will, within five (5) days of written request by Landlord, furnish to Tenant the state automobile license number assigned to its cars and the cars of each of its employees. Tenant shall not park any truck or delivery vehicle in the parking areas, nor permit deliveries at any place other than as designated by Landlord. Such rules may include but The Common Areas referred to in this Lease shall mean all common parking areas, driveways, landscaping areas, elevator and stairway areas, lighting, delivery areas, utility areas, lobby areas and those portions of the Building shared by more than one tenant of the Building and with respect to which one tenant does not have exclusive use or rights. Landlord shall provide maintenance and janitorial service to such Common Areas. None of the parking and Common Areas will be supervised by Landlord, and Landlord shall not be limited liable for any injuries, damages, theft or loss to persons or property which may occur on or near such areas. Landlord _______ Page 4 Tenant _________ Neither the following:
(1) The restricting of employee parking to a limited, designated area or areas; and (2) the regulation nor any portion of the removalcommon Areas in the Building shall be used by Tenant, storage and disposal or any agent or employee of Tenant's refuse and , for any advertising, political campaigning or other rubbish at similar use, including, without limitation, the sole cost and expense dissemination of Tenantadvertising or campaign leaflets or flyers.
Appears in 1 contract
PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal to the certain common and parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereofLease, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. , and Landlord reserves the right to close, if necessary, all or any portion of such common or parking areas to such extent as may in the opinion of Landlord's counsel be legally necessary to prevent a dedication thereof or the accrual of any rights of any person or of the public therein; to close temporarily all or any portion of the common areas to discourage non-customer use; to use portions of the common areas while engaged in making additional improvements or repairs or alterations to the Office and Retail Center; and to do and perform such other acts in, to, and with respect to the common areas as Landlord shall reasonably determine to be appropriate for the Office and Retail Center. Landlord further reserves the right to increase or reduce the common areas and to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas.
A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area areas, provided that no such modifications or changes shall commercially reduce the total amount of the common or parking areas available under this Section, and so long as it does not impact the Tenant's business. Tenant shall have a min. of 4 spaces close to be graded, surfaced, marked and landscaped at no expense to Tenantit's premises designated for it's customers. 27.
B. The Landlord shall keep said automobile parking and common areas in a neat, it's premise clean and orderly condition and shall repair any damage to the designated facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.
C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall have the nonexclusive non-exclusive right in common with Landlord, and other present and future owners, owners and tenants and their agents, employees, customers, licensees and sub-tenants, to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking. 27.
D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, rules and regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited to the following:
: (1) The restricting Restriction of employee parking to a limited, designated area or areas; and (2) the regulation Regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenant.
Appears in 1 contract