Common use of Use of Common Areas Clause in Contracts

Use of Common Areas. The occupancy by Tenant of the Premises shall include the use of the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-discriminatory manner. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Costs unless excluded under Section 4.2 or unless any particular cost incurred can be charged to a specific tenant of the Project. Landlord shall at all times during the Term have exclusive control of the Common Areas, and may restrain any use or occupancy, except as authorized by Landlord's rules and regulations. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing in this Lease shall be deemed to impose liability upon Landlord for any damage to or loss of the property of, or for any injury to, Tenant, its invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 2 contracts

Sources: Lease Agreement (Broadcom Corp), Industrial Lease (Broadcom Corp)

Use of Common Areas. (1) The occupancy by Tenant Common Use Areas include the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Premises shall include Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with others, of Common Use Areas. This use is subject to the terms and conditions of this Sublease and to reasonable rules and regulations established by the Airport Manager governing the use of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the Common Areas in common with Landlord and with all others for whose convenience and non-exclusive right to use the Common Areas may parking area identified in Exhibit A of this lease and paid for by agreement shown in Exhibit B of this lease. Use of the wash shed will be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and also non-discriminatory manner. Landlord exclusive as it is shared with the other car rental company. (4) The Borough, in its sole discretion, shall operate and maintain have the Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine right to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Costs unless excluded under Section 4.2 close, relocate, reconstruct, modify or unless any particular cost incurred can be charged to a specific tenant of the Project. Landlord shall at all times during the Term have exclusive control of the Common Areas, and may restrain any use or occupancy, except as authorized by Landlord's rules and regulations. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing in this Lease shall be deemed to impose liability upon Landlord for any damage to or loss of the property of, or for any injury to, Tenant, its invitees or employees. Landlord may temporarily close change any portion of the Common Use Areas including Common Use Areas within the Terminal and other Airport facilities. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for repairsthe Sublessee's comment on the proposed changes, remodeling and/or alterationshowever, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises and shall endeavor to coordinate with the Sublessee regarding the operational impact of any rules modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and regulations for scope of their employment. (6) The Borough agrees to allow the Project other than those attached Sublessee to this Lease unless such rules use the Terminal during normal published Airport operating hours provided that the cost of transportation and regulations associated use charges are commercially reasonable paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and nondiscriminatory in content expense of all repair and application. Landlord's exclusive control, operation, maintenance and repair whatsoever of the Common Area Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common Use Areas of the Terminal. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be subject in common with others having rights of passage thereon and may be used except when the Airport is closed to Tenant's parking rights contained in Section 6.4 below the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Premises, nor its reasonable access to or parking for the PremisesAirport Manager may impose.

Appears in 2 contracts

Sources: Land Terminal Sublease & Airline Operating Agreement, Land Terminal Sublease & Airline Operating Agreement

Use of Common Areas. The occupancy by Tenant of shall have the Premises shall include the use of the Common Areas nonexclusive right (in common with other tenants, if any, to whom Landlord and with all others for whose convenience and has granted or may grant such rights) to use the Common Areas may be provided by Landlordfor the purposes intended, subject, however, subject to compliance with all such reasonable non-discriminatory rules and regulations as Landlord may establish from time to time, including but not limited to, charges for violations of such rules and regulations. Tenant shall abide by such rules and regulations and shall use its commercially reasonable effort to cause others who use the Common Areas with Tenant’s express or implied permission to abide by Landlord’s rules and regulations. At any time, Landlord may temporarily close any Common Areas to perform any acts in the Common Areas as, in Landlord’s reasonable judgment, are prescribed desirable to improve the Project and such improvements do not unreasonably interfere with Tenant’s access to the Premises or its parking rights. Tenant shall not interfere with the rights of Landlord, other tenants or any other person entitled to use the Common Areas. Tenant shall pay all costs, expenses, fines, penalties or damages that Landlord may incur by reason of Tenant’s failure to comply with the provisions of this Section 5.12 and, at Tenant’s sole cost and expense, Tenant shall indemnify, defend and hold Landlord harmless for, from and against all losses and liabilities arising from such non-compliance, utilizing counsel reasonably satisfactory to Landlord. Access to certain Common Areas may be temporarily restricted from time to time by Landlord for repair, maintenance, construction, and changes in a reasonable the Land and non-discriminatory mannerBuildings comprising the Project. Such activities and changes are permitted if they do not materially affect Tenant’s use of the Premises or its parking rights. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings in good order, condition and repair unless such maintenance is assumed by another individual or entity pursuant to any applicable covenants, conditions, restrictions or easements. In the Irvine Spectrum as event Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation determines that Tenant’s use of the Common Areas shall be included is disproportionate to the use by other tenants in Project Costs unless excluded under Section 4.2 or unless any particular cost incurred can be charged to a specific tenant of the Project. , Landlord reserves the right: (i) to charge Tenant extra for said increased usage which charge shall at all times during reflect the Term have exclusive control increased cost of the Common Areas, and may restrain any use or occupancy, except as authorized by Landlord's rules and regulations. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing in this Lease shall be deemed to impose liability upon Landlord for any damage to or loss of the property of, or for any injury to, Tenant, its invitees or employees. Landlord may temporarily close any portion ’s maintenance of the Common Areas due to Tenant’s usage; (ii) to provide separate trash receptacles for repairs, remodeling Tenant which cost shall be the sole responsibility of Tenant and shall be paid by Tenant as Additional Rent; and/or alterations, (iii) to prevent require Tenant to arrange for its own separate trash receptacles and collection at Tenant’s sole cost and expense using a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability contractor satisfactory to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 2 contracts

Sources: Office Lease (Ziprecruiter, Inc.), Office Lease (Ziprecruiter, Inc.)

Use of Common Areas. (1) The occupancy by Tenant Common Use Areas include the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Premises shall include Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with others, of Common Use Areas. This use is subject to the terms and conditions of this Sublease and to reasonable rules and regulations established by the Airport Manager governing the use of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the Common Areas in common with Landlord and with all others for whose convenience and exclusive right to use the Common Areas may be provided by Landlordexisting “Ramp”, subjectidentified in Exhibit A of this Sublease (4) The Borough, howeverin its sole discretion, shall have the right to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-discriminatory manner. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Costs unless excluded under Section 4.2 close, relocate, reconstruct, modify or unless any particular cost incurred can be charged to a specific tenant of the Project. Landlord shall at all times during the Term have exclusive control of the Common Areas, and may restrain any use or occupancy, except as authorized by Landlord's rules and regulations. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing in this Lease shall be deemed to impose liability upon Landlord for any damage to or loss of the property of, or for any injury to, Tenant, its invitees or employees. Landlord may temporarily close change any portion of the Common Use Areas including Common Use Areas within the Terminal and other Airport facilities. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for repairsthe Sublessee's comment on the proposed changes, remodeling and/or alterationshowever, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises and shall endeavor to coordinate with the Sublessee regarding the operational impact of any rules modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and regulations for scope of their employment. (6) The Borough agrees to allow the Project other than those attached Sublessee to this Lease unless such rules use the Terminal during normal published Airport operating hours provided that the cost of transportation and regulations associated use charges are commercially reasonable paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and nondiscriminatory in content expense of all repair and application. Landlord's exclusive control, operation, maintenance and repair whatsoever of the Common Area Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common Use Areas of the Terminal. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be subject in common with others having rights of passage thereon and may be used except when the Airport is closed to Tenant's parking rights contained in Section 6.4 below the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Premises, nor its reasonable access to or parking for the PremisesAirport Manager may impose.

Appears in 1 contract

Sources: Land Terminal Sublease & Airline Operating Agreement

Use of Common Areas. The occupancy So long as Tenant occupies the entire rentable area of the Building under the Lease and the NA Sublease, or under the Lease only (i.e. during the Option Term), Tenant shall have the right to maintain a reception area in the first floor lobby of the Building ("Building Lobby") so long at Tenant's use complies with all applicable zoning and building codes an does not place the Building in noncompliance with any zoning or other governmental rule or regulation and further provided that (a) Article 13 shall apply to any Alterations made by Tenant to the Building Lobby, but, notwithstanding anything in said Article 13 or elsewhere in the Lease to the contrary, Landlord may withhold its consent to Alterations in the Building Lobby in its sole discretion, but which consent shall be deemed granted if Landlord fails to respond within fifteen (15) days after Tenant has given Landlord a reminder notice (which reminder notice may be given no sooner than fifteen (15) days after Tenant has requested Landlord's consent for an Alteration to the Building Lobby), (b) at the expiration or earlier termination of the Premises shall include the use Term of the Common Areas Lease, Landlord Tenant shall restore the Lobby Area altered by Tenant to the condition they were in prior to such Alteration, (c) in making Alterations to the Building Lobby, Tenant may riot alter or affect the Building Systems, and (d) Tenant hereby agrees to indemnify Landlord from and against any loss, cost or damage resulting from Tenant's exercise of its rights hereunder, except to the extent arising from the negligence or willful misconduct of Landlord, its employees, agents or contractors. In addition, Tenant and its agents, employees or contractors shall have access to the electrical room(s) and telephone room serving the Building, but not to the rooms housing mechanical (elevator and fire sprinkler) systems for repair or maintenance of equipment serving Tenant's Premises. Such use shall be in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-discriminatory manner. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas Tenant agrees that such rooms shall be included in Project Costs unless excluded under Section 4.2 or unless any particular cost incurred can be charged to a specific tenant of the Project. Landlord shall kept locked at all times during when Tenant is not accessing same for the Term have exclusive control of the Common Areas, and may restrain any use or occupancy, except as authorized by Landlord's rules and regulationsabove stated purpose. Tenant shall keep the Common Areas clear of hereby agrees to indemnify Landlord from and against any obstruction loss, cost or unauthorized use related to damage resulting from Tenant's operations. Nothing in this Lease shall be deemed exercise of its rights hereunder (except to impose liability upon Landlord for the extent arising from the negligence or willful misconduct of Landlord, its employees, agents or contractors), including without limitation, any loss or damage to any Building System or loss of the property of, or for any injury to, Tenant, its invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable resulting from unauthorized access to the electrical or parking for the Premisestelephone rooms.

Appears in 1 contract

Sources: Lease Agreement (Starent Networks, Corp.)

Use of Common Areas. The occupancy Tenant shall have the nonexclusive right (in common with other tenants and all others to whom Landlord has granted or may grant such rights) to use the Common Areas for the purposes intended, subject to such reasonable rules and regulations as Landlord may establish from time to time. Tenant shall abide by such rules and regulations and shall use its best effort to cause others who use the Common Areas with Tenant’s express or implied permission to abide by Landlord’s rules and regulations. At any time, Landlord may close any Common Areas to perform any acts in the Common Areas as, in Landlord’s judgment, are desirable to improve the Project. Tenant shall not interfere with the rights of Landlord, other tenants or any other person entitled to use the Premises Common Areas. Tenant shall include pay all costs, expenses, fines, penalties or damages that Landlord may incur by reason of Tenant’s failure to comply with the provisions of this Section 5.12 and, at Tenant’s sole cost and expense, Tenant shall indemnify, defend and hold Landlord harmless for, from and against all losses and liabilities arising from such non-compliance, utilizing counsel reasonably satisfactory to Landlord. In the event Landlord determines that Tenant’s use of the Common Areas in common with Landlord and with all others for whose convenience and is disproportionate to the use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-discriminatory manner. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings other tenants in the Irvine Spectrum as Project, Landlord may determine reserves the right: (i) to be appropriate. All reasonable costs incurred by Landlord charge Tenant extra for said increased usage which charge shall reflect the increased cost of Landlord’s maintenance and operation of the Common Areas due to Tenant’s usage; (ii) to provide separate trash receptacles for Tenant which cost shall be included in Project Costs unless excluded under Section 4.2 or unless any particular cost incurred can be charged to a specific tenant the sole responsibility of the Project. Landlord shall at all times during the Term have exclusive control of the Common Areas, Tenant and may restrain any use or occupancy, except as authorized by Landlord's rules and regulations. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing in this Lease shall be deemed paid by Tenant as Additional Rent; and/or (iii) to impose liability upon Landlord require Tenant to arrange for any damage to or loss of the property of, or for any injury to, its own separate trash receptacles and collection at Tenant, its invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent ’s sole cost and expense using a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability contractor satisfactory to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 1 contract

Sources: Office Lease (Insys Therapeutics, Inc.)

Use of Common Areas. The occupancy by Tenant of the Premises shall include the use of the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-discriminatory manner. Landlord shall operate and maintain the Common Areas in a consistent with other first-class manner consistent with comparable Class A office buildings business projects in the Irvine Spectrum as area of the Project, in the manner Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Costs Building Costs, unless excluded under Section 4.2 or unless any particular cost incurred can should be charged to a specific tenant of the ProjectProject in Landlord's reasonable, good faith judgment, in which case such cost shall be so charged. Landlord shall at all times during the Term have exclusive control of the Common Areas, and may restrain any use or occupancy, except as authorized by Landlord's rules and regulations. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing in this Lease shall be deemed to impose liability upon Landlord for any damage to or loss of the property of, or for any injury to, Tenant, its invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 1 contract

Sources: Industrial Lease (Omm Inc)

Use of Common Areas. The occupancy by During the Term, Tenant shall have a non-exclusive license to use the Common Areas, such license being subject to the exclusive control and management of Landlord and the Premises shall include the rights of Landlord and of other tenants. Tenant agrees to comply with such rules and regulations as Landlord prescribes regarding use of the Common Areas in common with Landlord and with all others for whose convenience and Areas. Tenant agrees it shall not use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-discriminatory manner. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Costs unless excluded under Section 4.2 or unless any particular cost incurred can be charged to a specific tenant of the Project. Landlord shall at all times during the Term have exclusive control of the Common Areas, and may restrain any use or occupancy, except as authorized by Landlord's rules and regulations. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing in this Lease shall be deemed to impose liability upon Landlord for any damage to sales or loss of the property ofdisplay purposes, or for any injury topurpose which would impede or create hazardous conditions for the flow of pedestrian or other traffic. Tenant agrees that the parking spaces, Tenant, its invitees or employees. Landlord may temporarily close any portion fire lanes and the lanes in the front of the Common Areas Leased Premises shall not be used for repairsthe loading or unloading of trucks or other vehicles. Trucks are to only use such entrances, remodeling and/or alterationsexits, and service lanes designated by Landlord in the rear of the stores. Tenant further agrees that Tenant and Tenant's employees shall only use the employee parking areas designated by Landlord. Tenant shall, upon five (5) days' written notice from Landlord, provide to prevent Landlord a public dedication list of license numbers of all of Tenant's and its employees' vehicles. In the event Tenant or the accrual of prescriptive rightsits employees fail to park their vehicles in designated parking areas, or for any in the event Tenant undertakes or permits the delivery of merchandise or other reason deemed sufficient by items except as herein provided, Landlord may, in addition to its other rights and remedies under this Lease, charge Tenant and Tenant shall pay to Landlord, without liability as Additional Rent, on demand, $25.00 per day per vehicle parking in any area other than those designated by Landlord and $25.00 per delivery for deliveries undertaken or permitted by Tenant in the manner hereinabove prohibited. Notwithstanding anything to Landlord. the contrary contained herein, Landlord agrees that the failure of Tenant or its employees to park in the designated employee parking area shall not constitute a Default of this Lease and Tenant shall not be required to comply with pay the aforementioned sum, until Landlord has given Tenant written notice of two (2) such violations within any rules Lease Year, after which time both the Default and regulations for payable sum shall apply. Landlord hereby agrees that it shall install signage to designate the Project other than those attached six (6) parking spaces shown on Exhibit A as "30-minute only" customer parking. Such parking shall be available to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair all customers of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below Shopping Center and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access be required to or parking for the Premises"tow" any automobiles in enforcing such thirty (30) minute time limit restriction.

Appears in 1 contract

Sources: Lease Agreement (HCNB Bancorp Inc)

Use of Common Areas. (1) The occupancy by Tenant common use areas include the roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Premises shall include Airport reserve. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with others, of Common use areas. This use is subject to the terms and conditions of this Sublease and to reasonable rules and regulations established by the Airport Manager governing the use of Common use areas including establishment of appropriate fees and charges. (3) The Borough, in its sole discretion, shall have the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlordright to close, subjectrelocate, howeverreconstruct, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-discriminatory manner. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Costs unless excluded under Section 4.2 modify or unless any particular cost incurred can be charged to a specific tenant of the Project. Landlord shall at all times during the Term have exclusive control of the Common Areas, and may restrain any use or occupancy, except as authorized by Landlord's rules and regulations. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing in this Lease shall be deemed to impose liability upon Landlord for any damage to or loss of the property of, or for any injury to, Tenant, its invitees or employees. Landlord may temporarily close change any portion of the Common Areas use areas. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for repairsthe Sublessee's comment on the proposed changes, remodeling and/or alterationshowever, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises and shall endeavor to coordinate with the Sublessee regarding the operational impact of any rules modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (4) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and regulations for scope of their employment. (5) The Borough agrees to allow the Project other than those attached Sublessee to this Lease unless such rules use the Terminal during normal published Airport operating hours provided that the cost of transportation and regulations associated use charges are commercially reasonable paid by the Sublessee. (6) The Borough shall assume the responsibility, cost and nondiscriminatory in content expense of all repair and application. Landlord's exclusive control, operation, maintenance and repair whatsoever of the Common Area use areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common use areas of the Terminal. (7) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (8) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be subject in common with others having rights of passage thereon and may be used except when the Airport is closed to Tenant's parking rights contained in Section 6.4 below the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Premises, nor its reasonable access to or parking for the PremisesAirport Manager may impose.

Appears in 1 contract

Sources: Land Terminal Sublease & Airline Operating Agreement

Use of Common Areas. The occupancy use and occupation by Tenant Lessee of the Premises premises shall include the a revocable license to use of the Common Areas in common with Landlord and with all the others for whose convenience and use entitled thereto the Common Areas common areas, as same may be provided designated from time to time by Landlordthe Lessor, subject, however, to compliance with all the terms and conditions of this Lease and to rules and regulations for the use thereof as are prescribed from time to time by Landlord in a reasonable and non-discriminatory mannerthe Lessor. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation The purpose of the Common Areas shall be included in Project Costs unless excluded under Section 4.2 or unless any particular cost incurred can be charged Site Plan is to a specific tenant show the approximate location of the Projectpremises. Landlord shall at all times during the Term have exclusive control of the The term "Common Areas, and may restrain any use or occupancy, except " as authorized by Landlord's rules and regulations. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing used in this Lease shall be deemed mean all facilities furnished by Lessor from time to impose liability upon Landlord time for any damage to or loss the nonexclusive use of the property ofoccupants of the shopping center, or for any injury their officers, agents; employees and customers, which facilities may include, but are not limited to, Tenantthe parking areas, its invitees or employeesdrives, sidewalks, walkways, service areas, roadways, loading platforms, drainage and plumbing systems, roof, canopies, ramps, landscaped areas and other similar facilities as they may from time to time exist. Landlord may temporarily close Lessor reserves the right to alter at any portion time the size, scope and Sturbridge Village Lease. 1-24-97 Mont▇▇▇▇▇▇ ▇▇▇levision & Entertainment, Inc. configuration of the Common Areas for repairs, remodeling and/or alterationsshopping center and all or any portions of the common areas including but not limited to the right to construct other buildings or improvements in the shopping center, to prevent a public dedication construct double-deck or elevated parking facilities, to relocate the accrual building, automobile parking areas and other common areas, to change the number of prescriptive rightsbuildings and buildings' dimensions, or for any the identify and type of other reason deemed sufficient by Landlord, without liability stores and tenancies provided only that the size of the Leased Premises and access to Landlord. Tenant the Leased Premises shall not be required materially adversely impaired. Lessor further reserves the right to comply with any rules and regulations for grant to others the Project other than those attached right to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair use the common areas of the Common Area shopping center. Lessor shall have no obligation to permit any of the common areas to be operated beyond the hours established by Lessor. All common areas not within the premises, which Lessee may be permitted to use, are to be used under a revocable license, and if the amount of the common areas be diminished, Lessor shall not be subject to Tenant's parking rights contained in Section 6.4 below any liability and Lessee shall not be entitled to all other limitations contained in this Lease. Landlord agrees that any temporary closure compensation or diminution or abatement of any portion rent, except as may be expressly provided elsewhere herein, nor shall such use or diminution of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to common areas be deemed constructive or parking for the Premisesactual eviction.

Appears in 1 contract

Sources: Lease Agreement (Knology Holdings Inc /Ga)

Use of Common Areas. (1) The occupancy by Tenant Common Use Areas include the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas, restrooms, elevators, escalators and the general public access and use areas of the Premises shall include Terminal and other facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with others, of Common Use Areas. This use is subject to the terms and conditions of this Sublease and to reasonable rules and regulations established by the airport manager (Airport Manager) governing the use of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the Common Areas in common with Landlord and with all others for whose convenience and exclusive right to use the Common Areas may be provided by Landlordexisting “Ramp”, subjectidentified in Exhibit A of this Sublease, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-discriminatory manner. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation purpose of vehicle parking (4) The Borough, in its sole discretion, shall have the Common Areas shall be included in Project Costs unless excluded under Section 4.2 right to close, relocate, reconstruct, modify or unless any particular cost incurred can be charged to a specific tenant of the Project. Landlord shall at all times during the Term have exclusive control of the Common Areas, and may restrain any use or occupancy, except as authorized by Landlord's rules and regulations. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing in this Lease shall be deemed to impose liability upon Landlord for any damage to or loss of the property of, or for any injury to, Tenant, its invitees or employees. Landlord may temporarily close change any portion of the Common Use Areas including Common Use Areas within the Terminal and other Airport facilities. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for repairsthe Sublessee's comment on the proposed changes, remodeling and/or alterationshowever, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises and shall endeavor to coordinate with the Sublessee regarding the operational impact of any rules modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and regulations for scope of their employment. (6) The Borough agrees to allow the Project other than those attached Sublessee to this Lease unless such rules use the Terminal during normal published Airport operating hours provided that the cost of transportation and regulations associated use charges are commercially reasonable paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and nondiscriminatory in content expense of all repair and application. Landlord's exclusive control, operation, maintenance and repair whatsoever of the Common Area Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common Use Areas of the Terminal. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be subject in common with others having rights of passage thereon and may be used except when the Airport is closed to Tenant's parking rights contained in Section 6.4 below the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Premises, nor its reasonable access to or parking for the PremisesAirport Manager may impose.

Appears in 1 contract

Sources: Land Terminal Sublease & Airline Operating Agreement

Use of Common Areas. The occupancy Premises consist solely of the one (1) garage bay which is adjoined and partitioned from the former Administration office building of Lessor. Lessee shall have no right of access, nor use of the interior of the former Administration office building or other garage bays, including, but not limited to, the use of hallways, toilets or meeting rooms situated therein. Lessee's use of this space is subject to the rules, regulations and procedures of Lessor. a. Lessee shall be entitled to non-exclusive vehicular and pedestrian access on, over and across the improved parking areas, located upon the property which the Premises are a part, which right of use shall be in common with that of Lessor, the Squaw Valley Fire Department, and other of Lessor's tenants. b. Lessee shall have a non-exclusive right to use of four (4) parking space for Lessee, its employees, invitees and guests, upon a first-come/first-served basis. Lessor reserves the right to designate specific parking spaces for Lessee and/or to adopt reasonable rules regarding use of the parking lot area. Lessee and its employees shall park their vehicles only in those portions of the parking areas so designated, as available by Tenant Lessor. Lessee assumes responsibility for compliance by its employees with the parking provisions contained herein. Lessee agrees to cooperate with Lessor and the other tenants of the Property, including the Squaw Valley Fire Department, regarding use of available parking. c. Lessee shall be responsible for its own trash and trash removal service and shall provide its own garbage, trash and disposal containers or facilities, as approved by Lessor, at its sole cost and expense. Such garbage, trash or disposal containers shall be located in an area designated by Lessor and subject to reasonable rules regarding the use and location of such receptacles, as Lessor may adopt from time to time. d. Lessee shall not store, house, or maintain any personal property, trade equipment, disabled vehicles, trash, garbage or refuse upon the Property located outside of the demised Premises, whatsoever. Vehicles shall not be parked, left, stored, or repaired outside of the Premises and no overnight parking of vehicles shall include the use of the Common Areas in common with Landlord be allowed whatsoever. e. Lessee, its employees and with all others for whose convenience and invitees, shall be entitled to use the Common Areas may be provided during the term hereof and in common with Lessor and such other persons authorized by Landlord, subject, however, to compliance with all rules and regulations as are prescribed Lessor from time to time by Landlord in a reasonable and non-discriminatory manner. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Costs unless excluded under Section 4.2 or unless any particular cost incurred can be charged to a specific tenant of the Project. Landlord shall at all times during the Term have exclusive control of the Common Areasuse such areas, and may restrain any use or occupancy, except as authorized by Landlord's rules and regulationsLessor. ▇. Tenant shall keep ▇▇▇▇▇▇ agrees to allow Lessee access to the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing in this Lease shall be deemed to impose liability upon Landlord for any damage to or loss generator room located at the northeast corner of the property ofbuilding to operate electrical breakers in the subpanel which provides service to Lessee’s space. g. Lessee is advised that there is no entitlement to off-site parking. If off-site parking is required by Lessee, its agents, employees and invitees, Lessee agrees that it shall make suitable arrangements with the Squaw Valley Resort, LLC, Squaw Valley Real Estate, LLC, or others, for any injury to, Tenant, its invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's off-site parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premisesupon adjacent property.

Appears in 1 contract

Sources: Commercial Lease

Use of Common Areas. The term "common areas", as used in this Lease, shall mean the parking areas, roadways, pedestrian sidewalks, truckways, loading dock, delivery areas, landscaped areas, public bathrooms and comfort stations, flashings, gutters and downspouts, and all other areas or improvements which may be provided by the Landlord for the convenience and use of the tenants of the Shopping Center and their respective subtenants, agents, employees, customers, invitees, and any other licensees of Landlord. The use and occupancy by the Tenant of the Premises shall include the use of the Common Areas use, in common with Landlord and with all others for whose convenience and to whom Landlord has granted or may hereafter grant rights to use the Common Areas same of the common areas located within the Shopping Center, and of such other facilities as may be provided by Landlorddesignated from time to time, subject, however, to compliance with all rules and regulations Regulations for the use thereof as are prescribed from time to time by Landlord the Landlord. Tenant and its employees shall park their cars only in a reasonable and non-discriminatory manner. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine areas specifically designated from time to be appropriate. All reasonable costs incurred time by Landlord for the maintenance and operation that purpose. Automobile license numbers of the Common Areas employees' cars shall be included in Project Costs unless excluded under Section 4.2 or unless any particular cost incurred can be charged furnished to a specific tenant of the ProjectLandlord upon Landlord's request. Landlord shall may at all times during any time close temporarily any common area to make repairs or changes, to prevent the Term have exclusive control acquisition of the Common Areas, public rights in such area or to discourage non-customer parking; and may restrain any use or occupancy, except do such other acts in and to the common areas as authorized by Landlord's rules and regulationsin its judgment may be desirable to improve the convenience thereof. Tenant shall keep have the Common Areas clear right within one (1) year after the end of any obstruction or unauthorized use related each Lease Year upon written request to Landlord to audit all the books of account, documents, records and files of Landlord regarding the common area expenses. Should Tenant's operations. Nothing audit of Landlords "Shared Expenses" indicate that an error was made in this Lease billing Tenant for the Shared Expenses or in the events common cost is not reasonably substantiated, then Tenant's pro rata share of the Shared Expenses shall be deemed to impose liability upon Landlord for any damage to or loss of the property of, or for any injury to, Tenant, its invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. recalculated and Tenant shall not be required to comply with any rules and regulations receive a credit for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to same against Tenant's parking rights contained in Section 6.4 below and future Shared Expense payments. In the alternative, Landlord shall have the right to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premisesmake such p ayment by check.

Appears in 1 contract

Sources: Leasing Agreement (Quikbiz Internet Group Inc)