Athletic Facility. Notwithstanding the foregoing, the common areas do not include the Building’s athletic facility (the “Athletic Facility”), which is an unsupervised and unattended weight and exercise room and shower facility. Tenant acknowledges that Landlord presently makes available (but is not obligated under this Lease to make available) the Athletic Facility for the general use of all tenants and their officers and employees, subject to such rules and regulations as Landlord may impose from time to time in its sole and absolute discretion regarding the use thereof. Tenant shall cause each of its officers and employees using the Athletic Facility to sign and deliver to Landlord an “Athletic Facility Use Agreement” in the form attached hereto as Exhibit D, as such form may be revised by Landlord from time to time in its sole and absolute discretion. Tenant understands and agrees that no individual shall be permitted use of or access to the Athletic Facility unless and until such individual shall have first signed and delivered the Athletic Facility Use Agreement to Landlord. Landlord shall have the right to limit the use of the Athletic Facility in any manner it may deem necessary, or to discontinue the Athletic Facility altogether, at any time, in its sole and absolute discretion, and neither Tenant nor its officers or employees shall be entitled to any compensation, credit, allowance, or offset of expenses or Rent as a result of any such limitation or discontinuance.
Athletic Facility. Lessee and its employees shall have access to the thirty-eight thousand (38,000) square foot Athletic Facility and all of the amenities thereof at no additional cost to Lessee or its employees, except that Lessee acknowledges that the cost of operating and maintaining the Athletic Facility will be an Operating Expense as described in Section 4.07 below.
Athletic Facility. All employees shall have free access to the facilities of Carleton University’s Athletic and Physical Recreation Centre. All employees may purchase a cuFIT pass through payroll deduction.
Athletic Facility. Notwithstanding the foregoing, the common areas do not include the Building’s athletic facility (the “Athletic Facility”), which is an unsupervised and unattended weight and exercise room and shower facility. Tenant acknowledges that Landlord presently makes available (but is not obligated under this Lease to make available) the Athletic Facility for the general use of all tenants and their officers and employees, subject to such rules and regulations as Landlord may impose from time to time in its sole and absolute discretion regarding the use thereof. Tenant shall cause each of its officers and employees using the Athletic Facility to sign and deliver to Landlord an “Athletic Facility Use Agreement” substantially in the form attached hereto as Exhibit D. Tenant understands and agrees that no individual shall be permitted use of or access to the Athletic Facility unless and until such individual shall have first signed and delivered the Athletic Facility Use Agreement to Landlord. Landlord shall have the right to limit the use of the Athletic Facility in any manner it may reasonably deem necessary, or to discontinue the Athletic Facility altogether, at any time, in its sole and absolute discretion, and neither Tenant nor its officers or employees shall be entitled to any compensation, credit, allowance, or offset of expenses or Rent as a result of any such limitation or discontinuance, so long as at least one (1) similar athletic facility of no less than 3,000 square feet remains available for Tenant’s use in the Complex. If Landlord elects to discontinue the Athletic Facility and does not provide a similar facility for Tenant’s use in the Complex as provided in the foregoing sentence, (i) Landlord shall give Tenant a credit of Two Thousand Five Hundred Dollars ($2,500.00) per month against the Base Rent due hereunder for so long as no such facility is available for Tenant’s use in the Complex and (ii) Landlord shall permit Tenant upon request (and subject to the provisions of Article 9) to construct a facility similar to the Athletic Facility in Tenant’s Premises, at Tenant’s sole cost and expense.
Athletic Facility. Members shall have free access to the facilities of Carleton University’s Athletic and Physical Recreation Centre.
Athletic Facility. The Athletic Facility shall consist of athletic fields and related improvements on the MPRB Property and on the DeLaSalle Property consistent with the Concept Plan and approved EAW, including, at a minimum, the following: • An open field with one regulation sized football field/practice field; with one regulation soccer field and three junior soccer fields imposed over the football field. • Temporary or permanent goal posts and soccer goals, backstops and safety features common to physical education or athletic field development. • Practice areas for other activities as may be accommodated by the fields. • Permanent seating areas for up to 750 spectators in open bleacher seating, including facilities to accommodate persons with disabilities. • Permanent press box located at the top rear of the spectator seating; approximately 8' high, 35' long, 8' wide • Storage, refreshment, and sanitary considerations for public assembly. • Landscape features to enhance the boundaries and additional features to enhance the image of the site consistent with the history of Nicollet Island. • Field lighting mounted on 70' poles, using best available technology to ‘focus’ light onto the field and minimize light spill (max. 1 footcandle outside project limits) • Speakers mounted behind seating area/adjacent to press box to provide minimal spill outside the spectator area. • Scoreboard mounted on north wall of the existing gymnasium at the lowest practical height • Four-foot high decorative fence along top of retaining walls (north, east and south) for safety and to contain errant balls; no fence/ gates at pedestrian access points at Xxxx Xxxxxx Xxxx xxx Xxxxx Xxxxxx SECTION 2 CONDITIONS PRECEDENT DeLaSalle agrees that failure to comply with the following conditions precedent renders this Agreement void and that if any of the following conditions are not met the MPRB is relieved of any obligation in this or any other agreement.
2.1 DeLaSalle shall be solely responsible for and shall bear all costs, including its attorney fees, for securing the release of any claim or restriction on land use that the State of Minnesota or any of its political subdivisions may have to any portion of the MPRB Property, but specifically excluding costs incurred by the MPRB or others in negotiating and drafting this Agreement and participating in the approval process for the project.
2.2 DeLaSalle shall, at its sole expense, secure from the City of Minneapolis all approvals and permits required for...
Athletic Facility. 3, 10, 52 B
Athletic Facility. Employees shall have access to the facilities of Carleton University’s Athletic and Physical Recreation Centre at the applicable Postdoctoral rate as amended from time to time by the Centre.
Athletic Facility. Subject to the provisions of this Section 25.13, Landlord shall provide Tenant with 62 memberships to the athletic facility located at 0000 Xxxxxxx Xxxxxxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx (the “Athletic Facility”). Such memberships shall be for the non-exclusive use of the Athletic Facility by Tenant’s employees during the Term of the Lease. Any Tenant employee electing to use one of the memberships and the Athletic Facility first shall execute and deliver to Landlord (or the owner or operator of such Athletic Facility) Landlord’s (or such owner’s or operator’s) then-standard form of license or other agreement governing such use. The use of the Athletic Facility shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord (or the owner or operator of such Athletic Facility). Tenant shall indemnify, defend, protect, and hold the Landlord Parties harmless from any Claim that is imposed or asserted by any third party and arises from (a) any negligence or willful misconduct of Tenant’s employee(s) in connection with the use of the Athletic Facility, or (b) any breach by Tenant’s employee(s) of any representation, covenant or other term contained in the license or other agreement governing such employee’s use of the Athletic Facility. The costs of operating, maintaining and repairing the Athletic Facility shall be included as part of Expenses, subject to the terms and conditions of Section 4.
Athletic Facility. During the Lease Term and any extensions thereof, Tenant and its employees shall have access to a number of memberships calculated by multiplying Tenant’s Share of Project items by 6,400, which memberships shall entitle such members to the use of the thirty-eight thousand (38,000) square foot Athletic Facility and all of the amenities thereof at no additional cost; provided that, for the sole purpose of calculating the number of memberships during the first six (6) months of the Lease Term, Tenant’s Share of the Project shall be equal to Tenant’s Share of the Project for the seventh (7th) month of the Lease Term as provided in Section 4.7(c) below; further provided, however, that Tenant acknowledges that the cost of operating and maintaining the Athletic Facility will be an Operating Expense as and to the extent described below. Subject to the reasonable consent of Landlord, Tenant may freely transfer memberships between itself, First Virtual Group and The Xxxxxx and Xxxxxx Xxxxxx Foundation and their permitted successors and assigns.
