Common use of Common Area Maintenance Clause in Contracts

Common Area Maintenance. (a) From and after the Commencement Date, Landlord, at its cost and expense, shall maintain the Common Areas and the Center clean and in good repair so that Tenant and its customers, guests, invitees, officers and employees can use and enjoy the same. The obligation of Landlord pursuant hereto shall include, but not be limited to, the management and maintenance of the Center and the pylon structure of Tenant's identification sign (if the same is affixed to a pylon sign used in common with Landlord or other tenants in the Center, but not Tenant's advertising panels), regular cleaning of the Common Areas, removal of trash and debris from the Common Areas, repairing the asphalt and concrete portions of the Common Areas (including potholes, curbs and sidewalks), repairing common utility lines and facilities, repairing storm drains, repairing parking lot lights, maintaining the landscaped portion of the Common Areas (including regular grass cutting), maintaining floodlights and other necessary means of illumination sufficient to illuminate the Common Areas during twilight and evening hours that Tenant's store is open for business and in operation, prompt removal of snow and ice on every occasion where safety of the Common Areas is impeded, employing traffic control personnel (such as off-duty police personnel), and periodically restriping the parking area. Landlord covenants that such maintenance and repair shall be planned and preventative maintenance undertaken in order to maintain the Common Areas in good usable condition so as to avoid breakdown of maintenance and avoidable costly repairs. Landlord shall not in any manner change the size, location, nature, design or use of the Common Areas as shown on the Site Plan without the prior written consent of Tenant, which shall not be unreasonably withheld unless the proposed change would involve additional buildings of any kind or reduce the number of parking spaces, or otherwise materially and adversely affect the access to or visibility of the Premises, in any of which cases Tenant's approval may be withheld in its sole discretion.

Appears in 6 contracts

Samples: Agreement of Lease (Value City Department Stores Inc /Oh), Agreement of Lease (Retail Ventures Inc), Agreement of Lease (Retail Ventures Inc)

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Common Area Maintenance. (a) 11.1 Common Area Maintenance From and after the Commencement Date, Landlord, at its cost and expense, shall operate the Landlord’s Parcel in a first class manner and maintain the Common Areas and the Center clean Landlord’s Parcel in a clean, safe and in good first class condition and repair so that Tenant and its customers, guests, invitees, licensees, officers and employees can use and enjoy the same. The obligation obligations of Landlord pursuant hereto shall include, but not be limited towithout limitation, the management and maintenance of the Center and the pylon structure of Tenant's identification sign (if the same is affixed to a pylon sign used in common with Landlord or other tenants in the Center, but not Tenant's advertising panels)Landlord’s Parcel, regular cleaning of the Common Areas, removal of trash and debris from the Common Areasdebris, repairing the asphalt and concrete portions of the Common Areas (including potholes, curbs and sidewalks), repairing common utility lines and facilities, repairing storm drains, repairing parking lot lights, maintaining the landscaped portion of the Common Areas (including regular grass cutting), maintaining floodlights and other necessary means of illumination sufficient to illuminate the Common Areas during twilight and evening hours that Tenant's store is open for business and in operation, prompt removal of snow and ice on every occasion where safety of the Common Areas or access to the Premises is materially impeded, employing traffic control personnel (such as off-duty police personnel), and periodically periodic restriping of the parking area. Landlord covenants that such maintenance and repair shall be planned and preventative maintenance undertaken in order to maintain the Common Areas in a good and usable condition and so as to avoid any breakdown of maintenance and avoidable costly repairs. Throughout the Term, Landlord shall not in any manner change keep the sizeCommon Areas fully lighted and open to the customers of the Landlord’s Parcel seven (7) days a week from dusk until 11:00 p.m. ("Normal Hours"). Upon request of Tenant, locationLandlord shall keep the Common Areas lighted for as long as after Normal Hours as Tenant shall request, nature, design or use provided Tenant shall pay for the reasonable cost of such requested lighting. Tenant acknowledges that maintenance of the Common Areas as shown on is governed by the Site Plan without the prior written consent of TenantToys REOA, which shall not be unreasonably withheld unless the proposed change would involve additional buildings of any kind or reduce the number of parking spaces, or otherwise materially and adversely affect the access to or visibility that currently maintenance of the PremisesCommon Areas is performed by the owner of the Toys Parcel (the “Toys Owner”) under the Toys REOA, and that performance of such maintenance of the Common Areas by the Toys Owner in any compliance with the terms of which cases Tenant's approval may be withheld this Lease shall constitute compliance by Landlord of its obligations under Section 11.1, provided that Landlord shall enforce its rights under the Toys REOA to cause the Toys Owner to perform its obligations in its sole discretionaccordance with the terms of the Toys REOA and this Lease and in the event the Toy Owner fails to maintain the Common Area in accordance with the terms of this Lease, Landlord shall do so.

Appears in 1 contract

Samples: Lease Agreement (DSW Inc.)

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