Cafeteria (a) As part of Landlord’s Work, Landlord shall construct a team member cafeteria (the “Cafeteria”) in the area designated for the Cafeteria on Exhibit “A” attached hereto for use by Tenant and Tenant’s employees and guests. Landlord shall bear the cost of constructing the Cafeteria and the Tenant Allowance shall be charged [***] in connection therewith. During the term of this Lease, the Cafeteria is to be operated as a cafeteria for the Building’s occupants. The Cafeteria shall remain under ▇▇▇▇▇▇▇▇’s control The Cafeteria shall be operated as a sit-down, cafeteria style food service operation offering succulent food during the hours of 7:00 am-10:00 am (breakfast) and 11:00 am-l:30 pm (lunch); provided, the hours of operation and prices charged in the Cafeteria are subject to change so long as such hours of operation are consistent with other similar cafeterias operated in Class A office buildings in the general geographic area of the Development and the Cafeteria operates for breakfast and lunch Monday through and including Friday.
(b) As long as the Cafeteria is and remains fully operational by Landlord and is operated in a manner consistent with other similar cafeterias operated in Class A office buildings in the general geographic area of the Development and the Cafeteria operates for breakfast and lunch Monday through and including Friday as otherwise provided in this Lease, Tenant shall make an annual contribution to the operation of the Cafeteria in an amount equal to the annual actual cash losses incurred in connection with operation of the Cafeteria during such calendar year and assuming only market rate fees are charged in an amount not to exceed fifty cents ($0.50) per rentable square foot of the Premises per year (exclusive of the rentable square footage of those portions of Premises which are within the Cafeteria) (currently, [***] per annum prorated for partial months of Cafeteria operation (“Cafeteria Losses”). Within ninety (90) days after the close of each calendar year, or as soon after such ninety (90) day period as practicable, Landlord shall deliver to Tenant a statement prepared by Landlord of Cafeteria Losses for such calendar year and Tenant shall pay the Cafeteria Losses within thirty (30) days after receipt of such statement. If this Lease shall terminate on a day other than the last day of a calendar year, ▇▇▇▇▇▇’s share of the Cafeteria Losses that are applicable to the calendar year in which such termination shall occur shall be prorated on the basis of the number of calendar days within such year as are within the term of this Lease. For a period of two (2) years after delivery of each such statement to which such records relate, Tenant shall have the right upon thirty (30) days’ prior written notice to Landlord to inspect Landlord’s records relating to Cafeteria Losses. Such inspection shall be conducted at Landlord’s offices during normal business hours at Tenant’s expense. Such inspection may not be conducted by a person or firm compensated on a contingent fee basis. If such inspection shall disclose that Tenant has paid five percent (5%) or more in excess of that required to be paid hereunder and Landlord shall accept such determination, which acceptance shall not be unreasonably withheld, Landlord shall reimburse Tenant for the reasonable cost of such inspection. Tenant shall have no right to offset the amount of any overpayment unless Landlord shall accept such determination. If Landlord and Tenant do not agree on any overpayment or underpayment within thirty (30) days, either Landlord or Tenant may cause an independent Big Four accountant firm to resolve the dispute, whose determination shall be binding on Landlord and Tenant and the fees shall be split equally between Landlord and Tenant.
(c) Notwithstanding the foregoing or anything else to the contrary (i) if Landlord desires to cease operating the Cafeteria Landlord shall provide Tenant at least ninety (90) days notice prior to the date Landlord ceases operating the Cafeteria, and (ii) if Landlord ceases operating the Cafeteria, Tenant may at any time and from time to time, take over the operation of the Cafeteria (or cause one (1) or more operator(s) to take over operation of the Cafeteria) and in such event, Tenant may, for the remainder of the Term, use and/or operate the Cafeteria and the equipment and other items which are located in the Cafeteria at the time the Cafeteria initially opens for business at no cost to Tenant for space or equipment, but, in such event, Tenant shall pay the direct costs of operating the Cafeteria which shall include and be limited to any personal property tax applicable to the equipment and personal property used in the operation of the Cafeteria utilities and janitorial and in such event, Tenant (A) may offset all such costs incurred by Tenant in connection therewith, against the next due installments of Basic Rental and all additional rent payable hereunder, and (B) shall not be required to pay the Cafeteria Losses. Landlord represents and warrants that it owns all of the equipment and other items to be located in the Cafeteria at the time the Cafeteria initially opens for business free and clear of any encumbrance or other superior right.
Building With respect to each parcel of Real Estate, all of the buildings, structures and improvements now or hereafter located thereon. Business Day. Any day on which banking institutions located in the same city and State as the Agent’s Head Office are located are open for the transaction of banking business and, in the case of LIBOR Rate Loans, which also is a LIBOR Business Day.
Restrooms The restrooms, toilets, urinals, vanities and the other apparatus shall not be used for any purpose other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the Tenant whom, or whose employees or invitees, shall have caused it.
Buildings The Employer will provide and maintain all state-owned buildings, facilities, and equipment in accordance with the specific written order(s) of the Michigan (MIOSHA) Departments of Licensing and Regulatory Affairs and/or Health and Human Services. Where facilities are leased by the Employer, the Employer shall make a reasonable attempt to assure that such facilities comply with the order(s) of the Michigan Departments of Licensing and Regulatory Affairs and/or Health and Human Services.
Premises Building Project and Common Areas 1.1 Premises, Building, Project and Common Areas.
