Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below.
Appears in 2 contracts
Samples: Building Lease Agreement (Sumo Logic, Inc.), Building Lease Agreement (Sumo Logic, Inc.)
Common Area. Landlord grants Tenant the non-exclusive right, together with all other occupants of the Building, and their respective agents, employees and invitees, to use Common Area, and any and all easement areas that are appurtenant to the Property from time to time, during the Term (and any period of Early Occupancy), subject to this Lease and all Requirements. Landlord, at Landlord’s sole and absolute discretion, may make changes to the Common Area; provided, however, that (a) in the event such changes would materially and adversely affect Tenant’s use of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcelpreceding sentence, and their respective employeesLandlord’s rights regarding Common Area include, invitees and customerswithout limitation, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right (i) restrain unauthorized persons from time to time to make changes in the shape, size, location, amount and extent of the using Common Area; provided (ii) temporarily close any portion of Common Area (A) for repairs, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that no Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Area, including, without limitation, any parking facilities comprising a portion of Common Area. Notwithstanding the foregoing, Landlord will not exercise such changes shall prevent or materially diminish or adversely affect rights in a manner that unreasonably interferes with Tenant’s ability to have access to and use of the Premises or Tenant’s allocation and other portions of parking spaces. Landlord further reserves the Property which Tenant has the right to promulgate such rules use and regulations relating to the use of the Common Areaoccupy hereunder, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of nor in a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, manner that is materially inconsistent with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, rights under this Lease (including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowSection 4.6).
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Horizon Pharma PLC)
Common Area. Subject Landlord grants Tenant the non-exclusive right, together with all other occupants of the Building and their agents, employees and invitees, to use the terms and conditions Common Area during the Term. For purposes of this Lease Lease, “Common Area” means the parking area, driveways, lobby areas, multitenant corridors and such rules landscaped areas, as well as other areas of the Building and regulations as Land which Landlord may designate from time to time reasonably prescribeas common area available to all tenants. Landlord, Tenant and at Landlord’s reasonable discretion, may make changes to the Common Area so long as it does not unreasonably interfere with Tenant’s employees, invitees ability to conduct business or adversely affect the Tenant’s access and customers shall, in common with other occupants the quality of the ParcelBuilding. Landlord’s rights regarding the Common Area include, and their respective employeesbut are not limited to, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use (a) restrain unauthorized persons from using the access roadsCommon Area; (b) place permanent or temporary kiosks, parking areas displays, carts or stands in the Common Area and facilities provided and designated by Landlord for lease the general use and convenience same to tenants; (c) temporarily close any portion of the occupants Common Area (i) for repairs, improvements or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the Parcel, which areas shape and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent size of the Common Area; provided that no such changes shall prevent (e) add, eliminate or materially diminish change the location of any improvements located in the Common Area and construct buildings or adversely affect Tenant’s ability to have access to other structures in the Common Area; and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules (f) impose and regulations relating to the revise reasonable Rules and Regulations concerning use of the Common Area, and including, but not limited to, any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of parking facilities comprising a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant(which must be applied in a non-discriminatory manner). Notwithstanding the above, Tenant shall not abandon any inoperative vehicles or equipment have the right to use the conference facility on any portion the first floor and/or the third floor of the Common Area. Tenant shall make Building the “Conference Facility”) at no alterations, improvements or additions charge one (1) time per year and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost Building) based upon availability of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowConference Facility.
Appears in 2 contracts
Samples: Office Lease (Smith Electric Vehicles Corp.), Office Lease (Smith Electric Vehicles Corp.)
Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon means all areas and improvements within the termination of this Lease. Landlord reserves the right from time to time to make changes Project, as it now exists or as it exists in the shapefuture, size, location, amount and extent of the Common Area; provided that no such changes shall prevent not held or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate designated for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use or occupancy of Landlord, Tenant’s Pro Rata Share of the parking spaces in , or other tenants, including, without limitation, a freight or freight/passenger elevator. Tenant may use the Common Area on a “firstnonexclusive basis during this Lease, including, without limitation, a freight or freight/passenger elevator and Landlord agrees that it shall take all steps necessary to add the existing freight/passenger elevator that is exclusive to a tenant other than Tenant to the Common Area and to provide Tenant with non-comeexclusive use thereof. Subject to the foregoing, first served” basis at no cost to Tenant during Landlord reserves all rights in connection with the Term or any extension or renewal Common Area and the rest of the Term. Tenant shall not at any time park Project, including, without limitation, the right to change, relocate, add to, improve or permit demolish portions of the parking of Tenant’s trucks or other vehiclesland and/or improvements and the layout thereof and promulgate rules and regulations with respect thereto, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with limit the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion its Affiliates, and place certain portions of the Common Area. Area off limits to Tenant shall make no alterationsand its Affiliates, improvements or additions to the Common Area including, without prior written approval of Landlord. Landlord shall at all times operatelimitation, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repairjanitorial, maintenance, operation, insurance equipment and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fencesstorage areas, and lightingentrances, shall be a Common Area Charge loading docks, corridors, elevators and Tenant shall pay parking areas (specifically subject to Section 15.2 and the last sentence of this Section 15.1). Landlord reserves the space above hung ceilings, below the floor and within the walls of the Premises, and the right to install, relocate. remove, use, maintain, repair and replace Systems and Equipment within or serving the Premises or other parts of the Building or the Project, and in such cases Landlord will use commercially reasonable efforts avoid disturbing or interfering with the conduct of Tenant’s Pro Rata Share business more than is reasonably necessary under the circumstances. Except during emergencies or by reason of force majeure or necessary maintenance, repair or construction, Landlord’s exercise of the rights in this Article will not ever prevent Tenant from having access to or the use of the Premises or a loading dock or the base building HVAC provided by Landlord, all or which are granted 24 hours per day, seven days per week, but such costs as provided exercise will not under any circumstances require Landlord to compensate Tenant in Paragraph 12 belowany way, result in any Labilities to Landlord, entitle Tenant to xxxxx rent, or reduce Tenant’s Lease obligations.
Appears in 2 contracts
Samples: Lease (TransMedics Group, Inc.), Lease (TransMedics Group, Inc.)
Common Area. Subject to the terms and conditions of this Lease and ------ ---- such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s 's employees, invitees and customers shall, in common with other occupants tenants of other buildings located on the Parcel, and their respective employees, invitees and customers, and others other entitled to the use thereof, have the non-exclusive right nonexclusive right, until termination of this Lease, to use the access roads, parking areas areas, grounds and facilities provided and designated by Landlord for the general use and convenience of the occupants all tenants of buildings located on the Parcel, which . Said areas and facilities are referred to herein as “the "Common Area.” This right ", and are initially defined as that area outlined on Exhibit "E", attached hereto ------- --- and incorporated herein by this reference. The term "Common Area" shall terminate upon include the termination Common Area of this Leasethe Building, which shall mean those areas within the Building that are common shafts and elevators, common mechanical and electrical rooms, common restroom facilities, common corridors, and the like. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest interests of the occupants tenants of the Buildingbuildings located on the Parcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant Tenants shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s 's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s 's vehicles or trucks, or the vehicles or trucks of Tenant’s 's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon park or permit to be parked any inoperative vehicles or equipment on any portion of the Common Area. Tenant Landlord shall make no alterationsoperate, improvements or additions to manage and maintain the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repairArea. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered sole discretion of Landlord. Except as excluded herein or in Addendum One, the The cost of such repair, maintenance, operation, insurance operation and management, including without limitationLandscaping, maintenance and repair of landscaping, irrigation systems, paving, paving and sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay reimburse to Landlord Tenant’s Pro Rata Share its share of such costs as provided in Paragraph 12 13 below.
Appears in 1 contract
Common Area. Subject During the Lease Term, Lessee shall have the non- ------------------------ exclusive right to use the Common Area described herein, provided that Lessor reserves the right to modify the Common Area, including reducing the size or changing the use, configuration and elements thereof in its sole discretion (including without limitation, for the purpose of construction of parking facilities or additional buildings, of any nature or size whatsoever, and in any part of the Project including, without limitation, any of the Common Area including Common Area on the Property so long as Lessee's number of parking spaces in not reduced) and to close or restrict access from time to time for repair, maintenance or to prevent a dedication thereof, provided, further, that Lessee nonetheless shall have access to parking and the Premises during such activities and, provided further, that Lessor will continue to maintain the baseball and soccer fields and the amenities/athletic facility or replacement items of like kind for so long as Lessor is legally able to do so during the Lease Term. Lessor further reserves the right to establish, repeal and amend from time to time rules and regulations for the use of the Common Area and to grant reciprocal easements or other rights to use the Common Area to owners of other property, provided that, to the terms and conditions of extent any conflict between this Lease and such amended Common Area rules and regulations would unreasonably interfere with any new rules and Regulations and this Lease (including the Rules and Regulations attached hereto as Exhibit "L") would materially and adversely affect Lessee's use of the Premises, this Lease shall govern, and to grant reciprocal easements or other rights to use the Common Area to owners of other property. "Common Area" includes, without limitation, all portions of the Property other than the Building, including landscaping, sidewalks, walkways, driveways, curbs, parking lots (including striping), roadways within the Project, sprinkler systems, lighting, surface water drainage systems, sewer systems, an amenities/athletic facility to be available for use by Lessee's employees (the "Amenities/Athletic Facility"), as well as baseball and soccer fields, a water front park, and a perimeter walking/biking trial, and, to the extent required by government authorities having jurisdiction over Lessor's development of the Project, amphitheater, marine life resource center, retreat and conference center, child care center and such different or further portions of the Project or additional or different facilities as Lessor may from time to time designate or install or make available for the use by Lessee in common with others. Lessee's employees may use, in common with others and without charge, the baseball and soccer fields and the Amenities/Athletic Facility, subject to such rules and regulations as Landlord Lessor may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord impose from time to time, with advance notice, and all amendments but nothing herein shall be effective upon delivery of a copy of them deemed to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis waive payment for optional services which may be available from time to time at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowthose fields and/or Facility.
Appears in 1 contract
Common Area. Subject to the terms and conditions of this Lease and ----------- such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s 's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “"Common Area.” " This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the BuildingParcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant’s Pro Rata Share no more than One Hundred Eighteen (118) of the parking spaces in the Common Area on a “first-come, first served” basis at no cost as designated from time to Tenant during the Term or any extension or renewal of the Termtime by Landlord. Tenant shall not at any time park or permit the parking of Tenant’s 's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s 's vehicles or trucks, or the vehicles or trucks of Tenant’s 's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlordnotwithstanding the above, Landlord understands and agrees to work with Tenant to enable Tenant to provide an outside covered area for a smoking area for its employees. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered reasonable discretion of Landlord. Except as excluded herein or in Addendum One, the The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share its pro rata share of such costs as provided in Paragraph 12 below.
Appears in 1 contract
Samples: Lease Agreement (Nanometrics Inc)
Common Area. Subject to Landlord grants Tenant the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribenon-exclusive right, Tenant and Tenant’s employees, invitees and customers shall, in common together with all other occupants of the Parcel, Building and their respective employeesagents, invitees employees and customersinvitees, and others entitled to the use thereof, have the non-exclusive right to use the access roadsCommon Area during the Term, parking areas subject to all Laws. Landlord, in Landlord’s reasonable discretion, may make changes to the Common Area. Landlord’s rights regarding the Common Area include, but are not limited to, the right to (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands in the Common Area and facilities provided and designated by Landlord for lease the general use and convenience same to tenants; (c) temporarily close any portion of the occupants of Common Area (i) for repairs, improvements or Alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication or prescriptive rights, or (iv) for any other reason Landlord deems necessary in Landlord’s reasonable judgment; (d) change the Parcel, which areas shape and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent size of the Common Area; provided that no such changes shall prevent (e) add, eliminate or materially diminish change the location of any improvements located in the Common Area and construct buildings or adversely affect Tenant’s ability to have access to other structures in the Common Area; and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating (f) subject to the terms of Section 4.4, impose and revise Building Rules concerning use of the Common Area, and including, but not limited to, any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of parking facilities comprising a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Notwithstanding the foregoing, in exercising its rights set forth in this Section 4.5, Landlord’s actions pursuant to this section shall not (i) materially deprive Tenant shall make no alterationsof the use and enjoyment of the Premises, improvements or additions (ii) materially interfere with Tenant’s access to the Common Area without prior written approval Building, parking facilities, or the Premises or (iii) materially and adversely affect the flow of Landlordtraffic within the parking facilities. Furthermore, Landlord shall at all times operate, manage, insure, maintain and repair will diligently pursue completion of any work pursuant to this section as soon as possible following the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowcommencement thereof.
Appears in 1 contract
Samples: Office Lease Agreement (Royal Caribbean Cruises LTD)
Common Area. Subject Landlord shall maintain the Common Area in good order, condition and repair, in a manner deemed by Landlord reasonable, appropriate and in the best interests of the occupants of the Shopping Center, subject to the all other terms and conditions of this Lease relating to the Common Area. Landlord reserves the right to change from time to time the dimensions and location of the Common Area and the location, dimensions, identity and type of any parking area or building in the Shopping Center and to construct additional buildings, additions to existing buildings, and other improvements in the Shopping Center, to eliminate buildings from the Shopping Center, to increase the land size of the Shopping Center, and to change the name, address, number or designation by which the Shopping Center is commonly known. Tenant shall have the nonexclusive right to use the portions of the Common Area designated for such use from time to lime, such use to be in common with Landlord, other occupants of the Shopping Center and other persons entitled to use the same, and subject to such reasonable rules and regulations as Landlord may from time to time reasonably prescribe. Tenant will furnish to Landlord upon request a complete list of license numbers of all automobiles operated by Tenant, Tenant and Tenant’s its employees, invitees and customers shallsubtenants, licensees or concessionaires. If Tenant fails to abide by any parking designations established by Landlord, then Tenant will pay a fine of $10 for each day any such car is parked in areas other than those designated by Landlord and, in common addition to any other remedies available to Landlord, Landlord may tow any automobiles that are parked in areas other than those designated by Landlord. Tenant shall not solicit business or display merchandise within the Common Area, or distribute handbills therein, or take any action which would interfere with the rights of other occupants persons to use the Common Area without the prior written consent of the ParcelLandlord, Landlord may close any part of the Common Area for such periods of time as may be necessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations. No implied easements are granted by this Lease. Landlord hereby grants Tenant the right to use and their respective employeesdesignate with signage approved by Landlord, invitees and customers, and others entitled to the use thereof, have two (2) parking spaces designated solely for electrical vehicle parking for the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of , in the locations set forth on the Site Plan. Any signage installed by Tenant designating such parking spaces in the Common Area on a “first-comeas electrical vehicle parking shall be subject to Landlord’s prior approval (not to be unreasonably withheld, first served” basis at no cost to Tenant during the Term conditioned or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so delayed) as to interfere in any way with the use of such areasdesign and wording; provided, nor however, that signage wording shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions be similar to the Common Area without prior written approval of Landlordfollowing: Parking For Electric Vehicles Only. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repairAll Other Vehicles Will Be Towed At Owner’s Expense. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowElectricity Provided By Pluralsight.
Appears in 1 contract
Common Area. Subject to Throughout the terms and conditions Term of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribeLease, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, shall have the non-exclusive right to the use, in common with others, of the Common Area and the Facility Common Area subject to the provisions of this Lease, all Applicable Laws and the Rules and Regulations referred to in Article XVII and incorporated herein by reference. Tenant's right to use the access roads, parking areas Common Area and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Facility Common Area.” This right Area shall terminate upon the termination of this Lease. Landlord reserves for itself and for all other owner(s) and operator(s) of the Common Area, the Facility Common Area and the balance of the Facility, the right from time to time time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to: (i) install, use, maintain, repair, replace and relocate pipes, ducts, conduits, wires and appurtenant meters and equipment above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building, provided, however, nothing contained herein shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building, the Facility or any part thereof, other than as herein expressly provided; (ii) make changes in to the shape, size, location, amount design and extent layout of the Common Area; provided that no such Facility, including, without limitation, changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to buildings, driveways, entrances, passageway, doors and use doorways, corridors, elevators, stairs, toilets and other public parts of the Premises Facility, loading and unloading areas, direction of traffic, landscaped areas, walkways and parking spaces and parking areas; and (iii) use or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of close temporarily the Common Area, and the Facility Common Area and/or other portions of the Facility or the Project while engaged in making improvements, repairs or alterations to the Building, the Common Area, the Facility Common Area, the Facility, or any part or parts portion thereof, as Landlord may reasonably deem appropriate for and (iv) change the best interest name and numbers of designation by which the Building and the Facility are commonly known. In connection with the performance of any of the occupants foregoing, Landlord shall use its reasonable efforts to perform same in a manner intended to minimize material interference with Tenant's use of the BuildingPremises; provided however, Landlord shall not be obligated to use overtime or premium-pay labor in connection therewith. The rules and regulations To the extent the location or amount, or both, of Common Area changes or the Facility Common Area changes in or during any calendar year Landlord shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in include the Common Area on a “first-comeand the Facility Common Area, first served” basis at no cost to Tenant during the Term or any extension or renewal as so adjusted and calculated, for purposes of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of calculating Operating Expenses for such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for calendar year as such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at change was in and all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowsubsequent calendar years.
Appears in 1 contract
Samples: Tenant Improvement Agreement (Preferred Credit Corp)
Common Area. Subject 5.1 The “Common Area” shall refer to those portions of the terms real property described in Exhibit A attached hereto (the “Real Property” or the “Project”) which are reserved by Landlord for the common use of all tenants, including the parking area, sidewalks, landscaping, curbs, loading areas, private streets and conditions alleys, lighting facilities, and other areas and improvements provided by Landlord for the common use of this Lease all tenants, all of which shall be subject to Landlord’s sole management and control and shall be operated and maintained in such manner as Landlord, in its exclusive discretion, shall determine. Landlord reserves the right to change from time to time the dimensions and location of the Common Areas as well as the location, dimensions, identify and type of any building shown on Exhibit A and to construct additional buildings or other improvements in, on or about said Real Property, and to eliminate buildings from the plan shown on Exhibit A. Tenant and its employees, customers, subtenants, and licensees shall have the nonexclusive right and license to use the Common Area as constituted from time to time, such use to be in common with Landlord, other tenants of the Real Property and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time reasonably prescribe, Tenant and including the designation of specific areas of the Real Property in reasonable proximity to the Demised Premises in which vehicles owned by Tenant’s , its employees, invitees and customers shall, in common with other occupants of the Parcelsubtenants, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations licensees shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Termparked. Tenant shall not at take any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to action which would interfere in any way with the rights of other persons to use the Common Area without the prior written consent of such areas, nor shall Tenant at the Landlord. Landlord may temporarily close any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion part of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles periods of time as may be necessary to prevent the public from obtaining prescriptive rights or equipment on any portion of the Common Area. Tenant shall to make no repairs or alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below.
Appears in 1 contract
Samples: Lease Agreement (AnythingIT, Inc.)
Common Area. Subject to Landlord grants Tenant the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribenon-exclusive right, Tenant and Tenant’s employees, invitees and customers shall, in common together with all other occupants of the Parcel, Building and their respective employeesagents, invitees employees and customersinvitees, and others entitled to the use thereof, have the non-exclusive right to use the access roadsCommon Area during the Term. subject to all Laws. Landlord may, parking areas at Landlord's sole and facilities provided and designated by Landlord for exclusive discretion, make changes to the general use and convenience Common Area so long as none of the occupants same unreasonably interfere with Tenant's use or access to the Premises, the parking or the Property. Landlord's rights regarding the Common Area include, but are not limited to, the right to (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands in the Common Area and to lease the same to tenants; (c) temporarily close any portion of the ParcelCommon Area so long as none of the same interfere with Tenant's use of the Premises or unreasonably interfere with Tenant's access to the Premises; (i) for repairs, which areas improvements or Alterations. (ii) to discourage unauthorized use, (iii) to prevent dedication or prescriptive rights so long as none of the same interfere with Tenant's use or access to the Premises, the parking or the Property, or (iv) for any other reason Landlord deems sufficient in Landlord's judgment; (d) change the shape and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent size of the Common Area; provided that no such changes shall prevent (e) add, eliminate or materially diminish change the location of any improvements located in the Common Area and construct buildings or adversely affect Tenant’s ability to have access to other structures in the Common Area; and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating (f) subject to the provisions of Section 4.4 hereof, impose and revise Building Rules concerning use of the Common Area, and including any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of parking facilities comprising a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below.
Appears in 1 contract
Samples: Multitenant Office Deed of Lease Agreement (Sm&a Corp)
Common Area. Subject to During the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribeTerm, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, shall have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this LeaseArea defined herein. Landlord reserves the right right, in Landlord’s prudent business judgment, to modify the Common Area, including increasing or reducing the size, adding additional buildings, structures or other improvements or changing the use, configuration and elements thereof in its sole discretion and to temporarily close or restrict access from time to time for repair, maintenance or construction or to make changes in the shapeprevent a dedication thereof, size, location, amount and extent of the Common Area; provided that no Tenant shall receive reasonable prior written notice to Tenant if such changes activities are reasonably expected to affect Tenant and Tenant (i) shall prevent at all times have reasonable access to parking and the Premises during such activities; and (ii) such modifications, when completed, shall not adversely interfere with or materially diminish restrict or adversely affect disturb Tenant’s ability to have access to and possession, use or enjoyment of the Premises for the Permitted Use or its rights under this Lease or unreasonably and materially interfere with or restrict Tenant’s allocation use of parking spacesparking. Landlord further reserves the right to promulgate such establish, repeal and amend from time to time non-discriminatory rules and regulations relating (subject to the express limitations herein) for the use of the Common Area and to grant reciprocal easements or other rights to use the Common Area to owners of other property provided that no amendment to the rules and regulations or granting of rights shall restrict or disturb Tenant’s possession, use or enjoyment of the Premises for the Permitted Use or unreasonably and materially interfere with Tenant’s use or enjoyment of parking facilities and provided, further, to the extent of any conflict between an express provision of this Lease (other than the attached Rules and Regulations) and such amended Common Area rules and regulations, this Lease shall control. “Common Area” means both (i) Project Common Area which includes all portions of the Project other than the Buildings, including landscaping, sidewalks, walkways, driveways, curbs, parking lots (including striping), roadways within the Project, sprinkler systems, lighting, surface water drainage systems, an athletic facility to be available for use by Tenant’s employees (the “Athletic Facility”), as well as baseball and soccer fields, a water front park, and any part a perimeter walking/biking trial, and such further portions of the Project or parts thereof, additional or different facilities as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to timetime designate or install or make available for the use by Tenant in common with others, (ii) Building 8 Common Area which includes all mechanical areas, stairwells, elevators and elevator shafts, pipe, cabling and wiring shafts, together with advance noticetheir enclosing walls, plus, to the extent not leased to an occupant, all entrances, elevator and other lobbies, common corridors and hallways, restrooms, janitor closets, telephone closets, electric closets and other public or common areas located in Building 8, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces (iii) any other lobbies, common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowBuilding 8.
Appears in 1 contract
Samples: Lease Agreement (C3.ai, Inc.)
Common Area. Subject Tenant may, subject to rules prescribed by Landlord, use the following areas on the Land or within the Building (“Building Common Area”) that are designated by Landlord to be used in common with Landlord and/or other tenants of the Building: hallways, stairwells, entranceways, restroom facilities, refuse facilities, landscaped areas, driveways necessary for access to the terms Premises, parking spaces and conditions of this Lease and such rules and regulations as other common facilities located in the Building and/or on the Land designated by Landlord may from time to time reasonably prescribefor the common use of all tenants of the Building. Tenant may, Tenant subject to any CC&Rs and Tenant’s employeesany Rules or Regulations, invitees and customers shall, use the following areas of the Project (“Project Common Area”) in common with other occupants Landlord, tenants of the ParcelBuilding and/or other owners, and their respective employeestenants or lawful users of the Project: refuse facilities, invitees and customerslandscaped areas, and others entitled roads, driveways necessary for access to the use thereof, have the non-exclusive right to use the access roadsPremises, parking areas spaces, retention basins and other common facilities provided and designated by Landlord from time to time for the general common use of all tenants and convenience owners of the occupants of Project. The Building Common Area and the Parcel, which areas and facilities Project Common Area are collectively referred to herein as the “Common Area.” This right shall terminate upon the termination of this Lease”. Landlord reserves shall not be responsible for non-compliance by any other tenant or occupant of the Project with, or Landlord’s failure to enforce, any of the Rules or Regulations or CC&Rs or any other terms or provisions of such tenant’s or occupant’s lease. Tenant shall promptly comply with the reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Under no circumstances shall the right from time herein granted to time use the Common Area be deemed to make changes include the right to store any property, temporarily or permanently, in the shapeCommon Area. In the event that any unauthorized storage shall occur, sizethen Landlord shall have the right, locationwithout notice, amount in addition to such other rights and extent remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord. Landlord may change the shape and size of the Common Area; provided that no Areas, including the addition of, elimination of or change to any improvements located in the Common Areas, so long as such changes shall prevent or change does not materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowPermitted Use.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
Common Area. Subject to Landlord grants Tenant the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribenon-exclusive right, Tenant and Tenant’s employees, invitees and customers shall, in common together with all other occupants of the Parcel, Project and their respective employeesagents, invitees employees and customersinvitees, and others entitled to the use thereof, have the non-exclusive right to use the access roadsCommon Area during the Term, subject to all Laws. Landlord, at Landlord’s sole and exclusive discretion, may make changes to the Common Area; provided, however, all material changes to the Common Areas in the Building (e.g., outdoor patio area, conference facilities, main lobby, side lobby, game room, cafeteria and fitness center) and all parking areas and facilities provided driveways serving the Building shall be made at Landlord’s reasonable discretion and designated by Landlord for such changes shall be consistent with a Class A building. Landlord’s rights regarding the general use Common Area include, but are not limited to, the right to (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands in the Common Area and convenience lease the same to tenants; (c) temporarily close any portion of the occupants of Common Area (i) for repairs, improvements or Alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication or prescriptive rights; (d) change the Parcel, which areas shape and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent size of the Common Area; provided that no such changes shall prevent (e) add, eliminate or materially diminish change the location of any improvements located in the Common Area and construct buildings or adversely affect Tenant’s ability to have access to other structures in the Common Area; and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules (f) impose and regulations relating to the revise Building Rules concerning use of the Common Area, and including, but not limited to, any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of parking facilities comprising a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant Nothing in this Section 4.5 shall make no alterations, improvements or additions be understood to relieve Landlord of its obligations regarding the construction of Landlord’s Common Area without prior written approval Improvements as described in EXHIBIT “K”, and Landlord’s rights in clauses (d) and (e) shall not authorize Landlord to change, eliminate or add to any of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the ’s Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including Improvements without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord first receiving Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowreasonable written approval.
Appears in 1 contract
Common Area. Subject Tenant may, subject to rules prescribed by Landlord, use the following areas on the Land or within the Building (“Building Common Area”) that are designated by Landlord to be used in common with Landlord and/or other tenants of the Building: hallways, stairwells, entranceways, restroom facilities, refuse facilities, landscaped areas, driveways necessary for access to the terms Premises, parking spaces and conditions of this Lease and such rules and regulations as other common facilities located in the Building and/or on the Land designated by Landlord may from time to time reasonably prescribefor the common use of all tenants of the Building. Tenant may, Tenant subject to any CC&Rs and Tenant’s employeesany Rules or Regulations, invitees and customers shall, use the following areas of the Project (“Project Common Area”) in common with other occupants Landlord, tenants of the ParcelBuilding and/or other owners, and their respective employeestenants or lawful users of the Project: refuse facilities, invitees and customerslandscaped areas, and others entitled roads, driveways necessary for access to the use thereof, have the non-exclusive right to use the access roadsPremises, parking areas spaces, retention basins and other common facilities provided and designated by Landlord from time to time for the general common use of all tenants and convenience owners of the occupants of Project. The Building Common Area and the Parcel, which areas and facilities Project Common Area are collectively referred to herein as the “Common Area.” This right shall terminate upon the termination of this Lease”. Landlord reserves shall not be responsible for non- compliance by any other tenant or occupant of the Project with, or Landlord’s failure to enforce, any of the Rules or Regulations or CC&Rs or any other terms or provisions of such tenant’s or occupant’s lease. Tenant shall promptly comply with the reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Under no circumstances shall the right from time herein granted to time use the Common Area be deemed to make changes include the right to store any property, temporarily or permanently, in the shapeCommon Area. In the event that any unauthorized storage shall occur, sizethen Landlord shall have the right, locationwithout notice, amount in addition to such other rights and extent remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord. Landlord may change the shape and size of the Common Area; provided that no Areas, including the addition of, elimination of or change to any improvements located in the Common Areas, so long as such changes shall prevent or change does not materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the BuildingPermitted Use. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below.
Appears in 1 contract
Samples: Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
Common Area. Subject Common Areas" shall mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, the Garage, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical, maintenance, janitorial and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease Lease, including, without limitation, the Rules and such rules Regulations and regulations the Garage Parking Agreement attached hereto as Landlord may from time to time reasonably prescribeExhibit F. The Building, Tenant Common Areas, Service Corridors and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall Service Areas will be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operateunder the exclusive control, manage, insure, maintain management and repair operation of the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein Subject to Tenant's repair and maintenance obligations under this Lease, Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or in Addendum One, consisting of one or more full floors within the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fencesBuilding) do not include, and lightingLandlord hereby expressly reserves for its sole and exclusive use, shall be a Common Area Charge any and Tenant shall pay to Landlord Tenant’s Pro Rata Share all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of such costs as provided in Paragraph 12 belowthe Premises.
Appears in 1 contract
Samples: Comstock Resources Inc
Common Area. Subject to During the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribeTerm, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, Lessee shall have the non-exclusive right to use the access roadsCommon Area described herein, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord that Lessor reserves the right to modify the Common Area, including reducing the size or changing the use, configuration and elements thereof in its sole discretion (including without limitation, for the purpose of construction of parking facilities or additional buildings, of any nature or size whatsoever, and in any part of the Project including, without limitation, any of the Common Area including Common Area on the Property so long as Lessee’s number of parking spaces in not reduced) and to close or restrict access from time to time for repair, maintenance or to make changes in the shapeprevent a dedication thereof, sizeprovided, locationfurther, amount and extent of the Common Area; provided that no such changes Lessee nonetheless shall prevent or materially diminish or adversely affect Tenant’s ability to have access to parking and use of the Premises during such activities and, provided further, that Lessor will continue to maintain the baseball and soccer fields and the amenities/athletic facility or Tenant’s allocation replacement items of parking spaceslike kind for so long as Lessor is legally able to do so during the Lease Term. Landlord Lessor further reserves the right to promulgate such establish, repeal and amend from time to time rules and regulations relating to for the use of the Common AreaArea and to grant reciprocal easements or other rights to use the Common Area to owners of other property, provided that, to the extent any conflict between this Lease and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The such amended Common Area rules and regulations would unreasonably interfere with any new rules and Regulations and this Lease (including the Rules and Regulations attached hereto as Exhibit “L”) would materially and adversely affect Lessee’s use of the Premises, this Lease shall be binding upon Tenant upon delivery of a copy of them to Tenantgovern, and Tenant shall abide to grant reciprocal easements or other rights to use the Common Area to owners of other property. “Common Area” includes, without limitation, all portions of the Property other than the Building, including landscaping, sidewalks, walkways, driveways, curbs, parking lots (including striping), roadways within the Project, sprinkler systems, lighting, surface water drainage systems, sewer systems, an amenities/athletic facility to be available for use by them Lessee’s employees (the “Amenities/Athletic Facility”), as well as baseball and cooperate soccer fields, a water front park, and a perimeter walking/biking trial, and, to the extent required by government authorities having jurisdiction over Lessor’s development of the Project, amphitheater, marine life resource center, retreat and conference center, child care center and such different or further portions of the Project or additional or different facilities as Lessor may from time to time designate or install or make available for the use by Lessee in their observancecommon with others. Such Lessee’s employees may use, in common with others and without charge, the baseball and soccer fields and the Amenities/Athletic Facility, subject to such rules and regulations as Lessor may be reasonably amended by Landlord impose from time to time, with advance notice, and all amendments but nothing herein shall be effective upon delivery of a copy of them deemed to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis waive payment for optional services which may be available from time to time at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowthose fields and/or Facility.
Appears in 1 contract
Samples: Sublease (Supportsoft Inc)
Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking The term “Project Common Area” or “Common Area” shall mean all areas and facilities provided within the Project that are defined in the Skyport Plaza (Adjusted Parcel II) Declaration of Common Easements, Covenants, Conditions and Restrictions (the “Declaration”) as “Parcel II Common Area”, and that are located outside the perimeter footings of any buildings now or hereafter located in the Project, and any other areas within the Project that are reasonably designated as Common Areas by Landlord; provided, however, as long as Tenant leases one hundred percent (100%) of the Building, no portion of the Building or any other building now or hereafter located in the Project shall be designated as a Common Area. Landlord and Tenant acknowledge that pursuant to the Declaration, the EOP Owner (as defined in the Declaration) is responsible for the general use maintenance, repair, insurance and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use replacement of the Common Area, all on the terms and any part or parts thereofconditions of, and subject to the allocation and assessment of costs incurred as provided in, the Declaration. Accordingly, (i) neither Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations nor Tenant shall be binding upon Tenant upon delivery of a copy of them to Tenantresponsible for maintenance, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to timerepair, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term insurance or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion replacement of the Common Area. , provided that Landlord shall use commercially reasonable efforts to enforce the obligations of the EOP Owner under the Declaration, and (ii) Tenant shall make no alterationsbe responsible for payment, improvements or additions as an “Expense” hereunder, of all “Assessments” attributable to the Common Area without prior written approval “Brocade Parcel” pursuant to the terms of Landlord. Landlord shall at all times operateArticle IV of the Declaration, manageprovided, insurehowever, maintain and repair the Common Area that any portion of Assessments that is attributable to a Capital Expenditure (as defined in good order, condition and repair. The manner in which the Common Area Section 7(d) below) shall be maintained amortized over the useful life of the capital item in question as determined in accordance with the Practice Standard (as defined in Section 3(b)((i)(D)(1)(v)), together with interest on the unamortized balance at the Amortization Rate (as defined in Section 3(b)(i)(D)(1)(v)), and only the expenditures for annual amortized portion of such maintenance cost shall be at included in Expenses and payable by Tenant in any year. Costs that are chargeable to Brocade Owner or otherwise made the unfettered discretion responsibility of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fencesBrocade Owner under the Declaration which are not Assessments, and lightingwhich do not result from the actions of Tenant, shall not be a Common Area Charge and the responsibility of Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowhereunder.
Appears in 1 contract
Samples: Lease Agreement (Brocade Communications Systems Inc)
Common Area. Subject 5.1 The "Common Area" is the part of the Shopping Center designated by Landlord from time to time for the terms common use of all Tenants, including among other facilities, hallways, parking lots, disposals, and conditions other areas and improvements provided by Landlord for the common use of this Lease all Tenants, all of which shall be subject to Landlord's sole management and control and shall be operated and maintained in such manner as Landlord, in its discretion, shall determine. Landlord reserves the right to change from time to time the dimensions and location of the Common Area as shown on Exhibit A, as well as the location, dimensions, identity and type of any building shown on Exhibit A and to construct additional buildings or additional stories on existing buildings or other improvements in the Shopping Center, and to eliminate buildings from the plan shown on Exhibit A, provided such changes do not reasonably interfere with Tenant's business. Tenant, its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive right and license to use the Common Area as constituted from time to time, such use to be in common with Landlord, other Tenants of the Shopping Center and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time reasonably prescribe, Tenant and including the designation of specific areas within the Shopping Center or in reasonable proximity thereto in which automobiles owned by Tenant’s , its employees, invitees subtenants, licensees and customers shallconcessionaires shall be parked. Tenant will furnish to Landlord, in common with other occupants upon request, a complete list of the Parcellicense numbers of all automobiles operated by Tenant, and their respective its employees, invitees and customerssubtenants, and others entitled to licensees or concessionaires. Tenant shall not solicit business or display merchandise within the use thereofCommon Area, have or distribute handbills therein, or take any action which would interfere with the non-exclusive right rights of other persons to use the access roads, parking areas and facilities provided and designated by Landlord for Common Area without the general use and convenience prior written consent of the occupants Landlord. Landlord may temporarily close any part of the Parcel, which areas and facilities are referred Common Area for such periods of time as may be necessary to herein as “Common Area.” This right shall terminate upon prevent the termination of this Leasepublic from obtaining prescriptive rights or to make repairs or alterations. Landlord reserves shall construct, at its sole cost and expense, a hard surface parking area within the right Shopping Center as shown on Exhibit A or in reasonable proximity thereto, it being expressly agreed, however, that in addition to the rights reserved to Landlord in Article 5, Section 5.1 above, Landlord may from time to time substitute for any parking area shown on Exhibit A other areas or parking facilities reasonably accessible to make changes in the shapeTenants of the Shopping Center, sizeprovided such substitutions do not unreasonably interfere with Tenant's business. Xxxxxx agrees to pay upon demand as additional rental, location, amount its proportionate share of the cost of operation and extent maintenance of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Area which may be incurred by Landlord in its discretion. The Common Area Maintenance Charge includes, but is not limited to, the costs incurred for lighting, heating, air conditioning, water, sewerage, painting, cleaning, policing, inspecting, landscaping, repairing, replacing, guarding and protecting the Common Area of the shopping center. Also included in the Common Area Maintenance Charge is an allowance in the amount of three percent (3%) of the total Minimum Guaranteed Rental amount for the Landlord's overhead, administrative, and management costs. The Common Area Maintenance Charge also includes Tenant’s ability individual water bill, up to have access a reasonable amount as determined by Landlord, but does not include any of Tenant’s other individual utility or other expenses. The proportionate share to and use be paid by Tenant of the cost of operation and maintenance of the Common Area shall be computed on the ratio that the total area of the Demised Premises or Tenant’s allocation bears to the gross leasable area of parking spacesbuildings within the Shopping Center from time to time. Landlord further reserves shall make monthly or other periodic charges based upon the right to promulgate such rules estimated annual cost of operation and regulations relating to the use maintenance of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for payable in advance but subject to adjustment after the best interest end of the occupants year on the basis of the Buildingactual cost for such year. The rules and regulations Any such periodic charges shall be binding upon Tenant due and payable upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observancenotice thereof. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the The Minimum Common Area on a “first-comeMaintenance Charge, first served” basis at no cost subject to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so adjustment as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lightingprovided herein, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided included in Paragraph 12 belowthe amount set out in Article I, Section 1.1(l).
Appears in 1 contract
Samples: www.duanemeyers.com
Common Area. Subject to the terms and conditions of this Lease and ----------- such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s 's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “"Common Area.” " The Common Area does not include the inside portion of any Buildings. This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; , provided that no such changes shall prevent not unreasonably interfere with Tenant's access or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation reduce the number of parking spacesspaces to be provided for Tenant under this Paragraph 11. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the BuildingParcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. No such rules and regulations shall (i) require Tenant to pay additional Monthly Installment of rent or Additional Rent or materially decrease Tenant's rights or materially increase Tenant's obligations under this Lease. Tenant shall have the non-exclusive use of Tenant’s Pro Rata Share two hundred sixty-seven (267) of the parking spaces in the Common Area on a “first-come, first served” basis at no cost as designated from time to Tenant during the Term or any extension or renewal of the Termtime by Landlord. Tenant shall not at any time park or permit the parking of Tenant’s 's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s 's vehicles or trucks, or the vehicles or trucks of Tenant’s 's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of LandlordArea. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered reasonable discretion of Landlord. Except as excluded herein or in Addendum One, the The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share its share of such costs as provided in Paragraph 12 below.
Appears in 1 contract
Samples: Lease Agreement (Cybersource Corp)
Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon means all areas and improvements within the termination of this Lease. Landlord reserves the right from time to time to make changes Project, as it now exists or as it exists in the shapefuture, size, location, amount and extent of the Common Area; provided that no such changes shall prevent not held or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate designated for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use or occupancy of Landlord, Tenant’s Pro Rata Share of the parking spaces in , or other tenants, including, without limitation, a freight or freight/passenger elevator. Tenant may use the Common Area on a “firstnonexclusive basis during this Lease, including, without limitation, a freight or freight/passenger elevator and Landlord agrees that it shall take all steps necessary to add the existing freight/passenger elevator that is exclusive to a tenant other than Tenant to the Common Area and to provide Tenant with non-comeexclusive use thereof. Subject to the foregoing, first served” basis at no cost to Tenant during Landlord reserves all rights in connection with the Term or any extension or renewal Common Area and the rest of the Term. Tenant shall not at any time park Project, including, without limitation, the right to change, relocate, add to, improve or permit demolish portions of the parking of Tenant’s trucks or other vehiclesland and/or improvements and the layout thereof and promulgate rules and regulations with respect thereto, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with limit the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion its Affiliates, and place certain portions of the Common Area. Area off limits to Tenant shall make no alterationsand its Affiliates, improvements or additions to the Common Area including, without prior written approval of Landlord. Landlord shall at all times operatelimitation, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repairjanitorial, maintenance, operation, insurance equipment and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fencesstorage areas, and lightingentrances, shall be a Common Area Charge loading docks, corridors, elevators and Tenant shall pay parking areas (specifically subject to Section 15.2 and the last sentence of this Section 15.1). Landlord reserves the space above hung ceilings, below the floor and within the walls of the Premises, and the right to install, relocate, remove, use, maintain, repair and replace Systems and Equipment within or serving the Premises or other parts of the Building or the Project, and in such cases Landlord will use commercially reasonable efforts avoid disturbing or interfering with the conduct of Tenant’s Pro Rata Share business more than is reasonably necessary under the circumstances. Except during emergencies or by reason of force majeure or necessary maintenance, repair or construction, Landlord’s exercise of the rights in this Article will not ever prevent Tenant from having access to or the use of the Premises or a loading dock or the base building HVAC provided by Landlord, all or which are granted 24 hours per day, seven days per week, but such costs as provided exercise will not under any circumstances require Landlord to compensate Tenant in Paragraph 12 belowany way, result in any Liabilities to Landlord, entitle Tenant to xxxxx rent, or reduce Tenant’s Lease obligations.
Appears in 1 contract
Samples: Lease (Transmedics Inc)
Common Area. Subject to During the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribeTerm, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, Lessee shall have the non-exclusive right to use the access roadsCommon Area defined herein. Lessor reserves the right to modify the Common Area, parking areas including reducing the size or changing the use, configuration and facilities provided and designated elements thereof in its sole discretion, to designate certain portions for use by Landlord for the general use and convenience of the certain occupants of the ParcelProject (such as Common Areas located within a particular Project Building), which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right close or restrict access from time to time for repair, maintenance or to make changes in the shapeprevent a dedication thereof, size, location, amount and extent of the Common Area; provided that no such changes Lessee nonetheless shall prevent or materially diminish or adversely affect Tenant’s ability to have access to parking and use of the Premises during such activities and, provided further, that Lessor will continue to maintain the baseball and soccer fields and the amenities/athletic facility or Tenant’s allocation replacement items of parking spaceslike kind for so long as Lessor is legally able to do so during the Lease Term. Landlord Lessor further reserves the right to promulgate such establish, repeal and amend from time to time rules and regulations relating to for the use of the Common AreaArea (provided that, to the extent that any conflict between any new Rules and Regulations and this Lease (including the Rules and Regulations attached hereto as Exhibit “L”) would materially and adversely affect Lessee’s use of the Premises, this Lease shall govern), and any part to grant reciprocal easements or parts thereofother rights to use the Common Area to owners of other property. “Common Area” includes, without limitation, (i) ”Project Common Area” which includes all portions of the Project other than the Project Buildings, including landscaping, sidewalks, walkways, driveways, curbs, parking lots (including striping), roadways within the Project, sprinkler systems, lighting, surface water drainage systems, an amenities/athletic facility to be available for use by Lessee’s employees (the “Amenities/Athletic Facility”), as Landlord may reasonably deem appropriate for well as baseball and soccer fields, a water front park, and a perimeter walking/biking trial, and, to the best interest extent required by government authorities having jurisdiction over Lessor’s development of the occupants Project, amphitheater, marine life resource center, retreat and conference center, child care center and such further portions of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations Project or additional or different facilities as Lessor may be reasonably amended by Landlord from time to time, time designate or install or make available for the use by Lessee in common with advance noticeothers, and (ii) ”Building Common Area” which includes all amendments shall be effective upon delivery of a copy of them mechanical areas, stairwells, elevators and elevator shafts, pipe, cabling and wiring shafts, together with their enclosing walls, plus, to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces extent not leased to an occupant, all entrances, elevator and other lobbies, common corridors and hallways, restrooms, janitor closets, telephone closets, electric closets and other public or common areas located in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowBuilding.
Appears in 1 contract
Samples: Broadvision Inc
Common Area. Subject Landlord grants to Tenant the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribenon-exclusive right, Tenant and Tenant’s employees, invitees and customers shall, in common together with all other occupants of the Parcel, Project and their respective employeesagents, invitees employees and customersinvitees, and others entitled to the use thereof, have the non-exclusive right to use the access roadsCommon Area during the Term, parking areas and facilities provided and designated by Landlord for subject to the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination terms of this Lease, all Laws and the Project Rules. Landlord reserves Landlord’s rights regarding the Common Area include, but are not limited to, the right to (a) restrain unauthorized persons from time to time to make changes in the shape, size, location, amount and extent of using the Common Area; provided that no such changes shall prevent (b) place permanent or materially diminish temporary kiosks, displays, carts or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces stands in the Common Area on a “first-come, first served” basis at no cost and lease the same to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in tenants; (c) temporarily close any portion of the Common Area not designated by (i) for repairs, improvements or Alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication or prescriptive rights, or (iv) for any other reason Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion reasonably deems necessary; (d) change the shape and size of the Common Area. Tenant shall make no alterations; (e) add, eliminate or change the location of any improvements or additions to located in the Common Area without prior written approval and construct buildings or other structures in the Common Area; and (f) limit the use of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair certain portions of the Common Area to a specific tenant or tenants. Any change in good order, condition and repair. The manner in which the Common Area shall be maintained that would result in a change in the determination of the Rentable Area of the Premises (measured in accordance with the Measurement Methodology) will change the Rentable Area of the Premises for all purposes under this Lease, and the expenditures Lease will be amended by Landlord and Tenant accordingly. In addition, Landlord reserves the right to set hours for such maintenance shall be at the unfettered discretion use of Landlord. Except as excluded herein or in Addendum One, the cost any common deck area and the lounge area off the lobby on the first floor of such repair, maintenance, operation, insurance each of the South Building and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fencesthe North Building, and lighting, shall be a to host private and public events and permit other occupants of the Project to host public and private events in such areas. Landlord has contracted with an outside art consultant to provide art for the Common Area Charge and lobbies of the Project and reserves the right to hold gallery openings and other events in the Common Area and change how the Common Area is decorated. Notwithstanding any of the foregoing, Tenant shall pay will have the right to reserve the Common Area via an online calendaring system that is maintained by Landlord Tenant’s Pro Rata Share of such costs and made available to Tenant as provided set forth in Paragraph 12 belowSection 18.2 hereof.
Appears in 1 contract
Samples: Project Office Lease Agreement
Common Area. Subject to If the terms and conditions Premises are part of this Lease and such rules and regulations as a common-interest subdivision (herein the "PROJECT"), the Landlord may from time to time reasonably prescribe, hereby grants Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking "COMMON AREAS" thereof. Such Common Areas constitute the areas and facilities provided and outside the Premises designated by Landlord for the general non- exclusive use of Tenant and convenience other lessees of the occupants Project and such tenant's respective employees, suppliers, shippers, customers, and invitees. The Common Areas include parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, and landscaped areas. If the Premises are in a Project, the Tenant acknowledges that this Lease is subject to pre-existing recorded instruments (herein the "PROJECT DOCUMENTS") affecting the Common Areas and the operation of businesses within the Project. Tenant hereby agrees to comply with the terms of the Parcel, which areas Project Documents and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to affecting the use of the Common AreaAreas. Upon Tenant's request, Landlord shall deliver to Tenant a current Preliminary Title Report or Title Report and all underlying documents shown as exceptions to title affecting the Premises. Upon the discovery of any part document affecting title which would prohibit or parts thereof, as Landlord may reasonably deem appropriate for the best interest restrict Tenant's use of the occupants Premises for a retail entertainment software or video rental and sales store, then Tenant may terminate this Lease upon thirty (30) days' prior written notice to Landlord, unless Landlord is able to remove such prohibition or restriction within said 30-day period. Notwithstanding the foregoing, Landlord understands and agrees that the Premises can be used by tenant as a retail entertainment software or video sales and rental store and Tenant's ability to so use the Premises is a condition precedent to this Lease. Landlord represents that nothing contained in the Project Documents or applicable zoning will prohibit construction of the BuildingBuilding as contemplated in this Lease. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions changes to the Common Area without prior written approval or other improvements in the Project which would adversely impact the visibility of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair or access to the Common Area in good order, condition and repair. The manner in which Premises or reduce parking available to the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein Premises or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord otherwise interfere with Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below's business.
Appears in 1 contract
Samples: Lease (One Liberty Properties Inc)
Common Area. Subject to If the terms and conditions Premises are part of this Lease and such rules and regulations as a common-interest subdivision (herein the "Project"), the Landlord may from time to time reasonably prescribe, hereby grants Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking "Common Areas" thereof. Such Common Areas constitute the areas and facilities provided and outside the Premises designated by Landlord for the general non-exclusive use of Tenant and convenience other lessees of the occupants Project and such tenant's respective employees, suppliers, shippers, customers, and invitees. The Common Areas include parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, and landscaped areas. If the Premises are in a Project, the Tenant acknowledges that this Lease is subject to pre-existing recorded instruments (herein the "Project Documents") affecting the Common Areas and the operation of businesses within the Project. Tenant hereby agrees to comply with the terms of the Parcel, which areas Project Documents and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to affecting the use of the Common AreaAreas. Upon Tenant's request, Landlord shall deliver to Tenant a current Preliminary Title Report or Title Report and all underlying documents shown as exceptions to title affecting the Premises. Upon the discovery of any part document affecting title which would prohibit or parts thereof, as Landlord may reasonably deem appropriate for the best interest restrict Tenant's use of the occupants Premises for a retail entertainment software or video rental and sales store, then Tenant may terminate this Lease upon thirty (30) days' prior written notice to Landlord, unless Landlord is able to remove such prohibition or restriction within said 30-day period. Notwithstanding the foregoing, Landlord understands and agrees that the Premises can be used by tenant as a retail entertainment software or video sales and rental store and Tenant's ability to so use the Premises is a condition precedent to this Lease. Landlord represents that nothing contained in the Project Documents or applicable zoning will prohibit construction of the BuildingBuilding as contemplated in this Lease. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions changes to the Common Area without prior written approval or other improvements in the Project which would adversely impact the visibility of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair or access to the Common Area in good order, condition and repair. The manner in which Premises or reduce parking available to the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein Premises or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord otherwise interfere with Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below's business.
Appears in 1 contract
Samples: Lease (One Liberty Properties Inc)
Common Area. Subject Tenant may, subject to rules prescribed by Landlord, use the terms and conditions of this Lease and such rules and regulations as following areas on the Land or within the Building (“Building Common Area”) that are designated by Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, be used in common with Landlord and/or other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants tenants of the Building. The rules : hallways, stairwells, entranceways, restroom facilities, refuse facilities, landscaped areas, driveways necessary for access to the Premises, parking spaces and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate other common facilities located in their observance. Such rules and regulations may be reasonably amended the Building and/or on the Land designated by Landlord from time to timetime for the common use of all tenants of the Building. Tenant may, subject to any CC&Rs and any Rules or Regulations, use the following areas of the Project (“Project Common Area”) in common with advance noticeLandlord, tenants of the Building and/or other owners, tenants or lawful users of the Project: refuse facilities, landscaped areas, roads, driveways necessary for access to the Premises, parking spaces, retention basins and other common facilities designated by Landlord from time to time for the common use of all amendments tenants and owners of the Project. The Building Common Area and the Project Common Area are collectively referred to herein as the “Common Area”. Landlord shall not be effective upon delivery responsible for non-compliance by any other tenant or occupant of a copy the Project with, or Landlord’s failure to enforce, any of them to Tenantthe Rules or Regulations or CC&Rs or any other terms or provisions of such tenant’s or occupant’s lease. Tenant shall have promptly comply with the exclusive reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Under no circumstances shall the right herein granted to use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-comebe deemed to include the right to store any property, first served” basis at no cost to Tenant during the Term temporarily or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or otherspermanently, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant In the event that any unauthorized storage shall make no alterationsoccur, improvements or additions then Landlord shall have the right, without notice, in addition to such other rights and remedies it may have, to remove the Common Area without prior written approval of property and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord. Landlord shall at all times operate, manage, insure, maintain may change the shape and repair size of the Common Area Areas, including the addition of, elimination of or change to any improvements located in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for Areas, so long as such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be change does not have a Common Area Charge and Tenant shall pay to Landlord material adverse impact on Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Thorne Healthtech, Inc.)
Common Area. Subject to As used herein, the terms “Common Area” shall mean all of the areas within the Property outside of the Building, such as the parking areas, drive aisles, sidewalks and conditions of this Lease and such rules and regulations landscaped areas, as Landlord the same may exist from time to time reasonably prescribe, time. Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, shall have the non-exclusive right to use the access roadsuse, parking areas in common with Landlord and facilities provided and designated by Landlord for the general use and convenience of the other occupants of the ParcelPark to whom Landlord has or may hereafter grant reasonable rights to use the same, which areas and facilities are referred to herein as “the Common Area.” This right . To the extent other parties that are tenants of the Park share in the use of a portion of the Common Area such parties shall terminate upon share in the termination CAM Charge for such portion of this Leasethe Common Area and Tenant’s Proportionate Share for such item shall be adjusted accordingly. Landlord shall at all times have full control, management and direction of the Common Area and, subject to Tenant’s rights under Section 1.8 above, Landlord reserves the right at any time and from time to time in Landlord’s discretion, including for uses that may not be for the sole benefit of the Building, to make changes in reduce, increase, enclose or otherwise change the shape, size, location, amount layout and extent nature of the Common Area; Area (including without limitation to relocate the ingress and egress easement defined as the “South Driveway” in the Reciprocal Access Easement Agreement dated May 22, 2006, among the Board of Regents of the University of Wisconsin System, Landlord, EMD Biosciences, Inc. (a predecessor in interest to Tenant), and Wisconsin Energy Conservation Corp. (the “Easement Agreement”)), provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have (1) reasonable access to and use of the Leased Premises is provided, (2) Landlord uses reasonable measures to minimize any disruption or interruption to the conduct of Tenant’s allocation business operations at the Leased Premises, (3) Landlord shall not reduce the number of parking spaces. spaces available to Tenant on the Property except in accordance with Section 1.7 above, (4) Landlord further reserves shall not unreasonably or continuously interfere with the loading dock access at the Leased Premises, (5) direct pedestrian access shall always be provided (subject to relocation to alternate paths on a temporary basis as reasonably necessary to accommodate temporary construction conditions) from the Leased Premises to Innovation One so long as Tenant, or an affiliate leases space in Innovation One, and (6) any development of the southeast corner of the Surface Lot (other than the development of the Knowledge Road right to promulgate such rules and regulations relating of way) shall be subject to the use prior approval of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and not to be unreasonably withheld. Notwithstanding the foregoing, however, Tenant shall abide by them and cooperate acknowledges that in their observance. Such rules and regulations may be reasonably amended by Landlord from time all events Landlord, subject to timethe limitations in items (1)-(6) above, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use right, at all times during the term of Tenant’s Pro Rata Share this Lease, (i) to develop the Knowledge Road right of way, whether as a public or private right of way, and (ii) to develop the western half of the Property, including but not limited to the development of structured parking spaces to serve Innovation Two (as defined in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the TermMaster Agreement). Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in If any portion of the Common Area not designated by Landlord is developed for a use that no longer benefits the Building, then effective upon the date on which such use by Tenant. Tenant is changed, such portion shall not abandon any inoperative vehicles or equipment on any portion of be deleted from the Common Area, and such portion shall also be deemed to be excluded from the Property for purposes of calculating Additional Rent under this Lease. Upon Landlord’s request, Tenant shall make no alterationsagrees to execute such document(s) as may be necessary to confirm the termination of Tenant’s interest under the Easement Agreement on account of the modification of the Leased Premises pursuant to this Lease, improvements or additions and/or to join in any amendment to the Common Area without prior written approval Easement Agreement or new easement agreement relocating the South Driveway. Landlord agrees to allow Tenant to access the University Research Park Data Network (“URPNet”) from the Leased Premises. URPNet is a high-speed communications service, linking computers located at the University Research Park to the University of Wisconsin-Madison campus and national computer networks. URPNet is meant to encourage technology and information transfer between companies and the University of Wisconsin-Madison researchers, staff and students. URPNet consists of a fiber optic-based Ethernet serving portions of the University Research Park and connected to the Metropolitan United Fiber Network. Individual workstations are connected to URPNet using twisted-pair Ethernet compatible cabling. URPNet is connected to the Campus System Ethernet. Landlord will allow Tenant to access the URPNet service with an initial system-wide capacity of 1 Gigabit/second. Tenant’s use of URPNet is subject to acceptable use policies promulgated from time to time by Landlord. Landlord reserves the right to limit or deny any Tenant’s use of URPNet as a result of repeated violations of promulgated acceptable use policies. Tenant’s use of the Campus resources and certain databases may be limited and may require negotiation of separate agreements between Tenant and the University of Wisconsin-Madison. Attached is a description of certain services that may be available to Tenant (Exhibit E). In no event shall Landlord be liable for an interruption or failure in the supply of service between URPNet to the Leased Premises or Tenant’s usage of, or failure to access, URPNet unless such is caused by the reckless or intentional misconduct of Landlord. Landlord shall at acknowledges and agrees that all times operateof Tenant’s information and data conveyed via the URPNet is proprietary and confidential and, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum Onesuch, the cost University of Wisconsin and Landlord have no rights to use, collect or store such repairinformation except such use, maintenance, operation, insurance collection or storage as would normally be done by a commercial Internet Service Provider (“ISP”). Landlord agrees that Tenant may also use any other ISP and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall Landlord agrees to grant whatever licenses or easement which may be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided required in Paragraph 12 belowconnection with the same.
Appears in 1 contract
Common Area. Subject Each Owner shall have, as appurtenant to his, her, or its Airspace Lot an undivided interest in [Common Area] Parcel 4, in the proportions described in Exhibit “B” attached hereto, which is the Common Area. The common interest appurtenant to each Airspace Lot is declared to be permanent in character and cannot be altered without the consent of all the Owners affected and the Sobrato Trust, as expressed in an amended Declaration. The undivided common interest cannot be separated from the Airspace Lot, and any conveyance, demise or other transfer of the Airspace Lot shall include the undivided common interest, the Owner’s membership in the Association, and any other benefits or burdens appurtenant to that Owner’s Airspace Lot. Each Owner may use the Common Area pursuant to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shallDeclaration, in common accordance with the purposes for which it is intended, without hindering the exercise of, or encroaching upon, the rights of any other occupants of the ParcelOwners, and their respective employees, invitees and customers, and others entitled subject to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience rights of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes each Owner in the shape, size, location, amount and extent of the Restricted Common Area; provided Area appurtenant to that no such changes shall prevent or materially diminish or adversely affect TenantOwner’s ability to have access to and use of the Premises or Tenant’s allocation of parking spacesAirspace Lot. Landlord further reserves the right to promulgate such rules and regulations relating to the The use of the Common AreaArea by the Sobrato Trust as a fee owner of an Airspace Lot shall be limited and restricted to the rights and use appurtenant to such Airspace Lot as described in this Declaration, and shall be further subject to any part Ground Lease or parts thereof, as Landlord may reasonably deem appropriate any other long term airspace or ground lease for the best interest such Airspace Lot. The Common Area shall include all of the occupants of physical structures and improvements contained within [Common Area] Parcel 4 including the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to TenantPodium Garage, the above-grade parking structure, and Tenant shall abide by them other improvements, such as storm and cooperate in their observance. Such rules sanitary sewers, water lines, pumps, storage tanks, fire detection and regulations suppression systems, fans, and electrical and mechanical systems, certain portions of which may be reasonably amended by Landlord from time Restricted Common Area reserved for and allocated to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share a particular Airspace Lot pursuant to an Exclusive Airspace Lot Easement. The Airspace Lot to which such Restricted Common Area is reserved, set aside and allocated, shall have an exclusive easement over such areas for the benefit of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowaffected Airspace Lot.
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Common Area. Subject to Throughout the terms and conditions Term of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribeLease, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, shall have the non-exclusive right to the use, in common with others, of the Common Area and the Facility Common Area subject to the provisions of this Lease, all Applicable Laws and the Rules and Regulations referred to in Article XVII and incorporated herein by reference. Tenant's right to use the access roads, parking areas Common Area and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Facility Common Area.” This right Area shall terminate upon the termination of this Lease. Landlord reserves for itself and for all other owner(s) and operator(s) of the Common Area, the Facility Common Area and the balance of the Facility, the right from time to time time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, except as expressly set forth in Section 11.06 hereof, to: (i) install, use, maintain, repair, replace and relocate pipes, ducts, conduits, wires and appurtenant meters and equipment above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building; (ii) make changes in to the shape, size, location, amount design and extent layout of the Common Area; provided that no such Facility, including, without limitation, changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to buildings, driveways, entrances, passageway, doors and use doorways, corridors, elevators, stairs, toilets and other public parts of the Premises Facility, loading and unloading areas, direction of traffic, landscaped areas, walkways and parking spaces and parking areas; and (iii) use or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of close temporarily the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest Facility Common Area and/or other portions of the occupants of Facility or the Project while engaged in making improvements, repairs or alterations to the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area, the Facility Common Area, the Facility, or any portion thereof and (iv) change the name and numbers of designation by which the Building and the Facility are commonly known. Tenant shall make no alterations, improvements or additions to In the Common Area without prior written approval of Landlord. event that Landlord shall at unilaterally change the name or street Building or the suite number of the Premises, Landlord shall provide Tenant with ninety (90) days advance written notice thereof and Landlord shall reimburse Tenant for all times operatereasonable costs incurred by Tenant as a result thereof, manageincluding, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum Onewithout limitation, the cost of such repairTenant's address change announcements and replacement of existing stock stationery. To the extent the location or amount, maintenanceor both, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge changes or the Facility Common Area changes in or during any calendar year Landlord shall include the Common Area and Tenant the Facility Common Area, as so adjusted and calculated, for purposes of calculating Operating Expenses for such portion of the calendar year as such change was in and all subsequent calendar years. In connection with the exercise of any of the foregoing rights, Landlord shall pay use its reasonable efforts to Landlord exercise such rights in a manner intended to minimize material interference with Tenant’s Pro Rata Share 's use of such costs as provided in Paragraph 12 belowthe Premises.
Appears in 1 contract
Samples: E Tenant Improvement Agreement (Aames Financial Corp/De)
Common Area. Subject All areas and facilities within the Property which are not within buildings wholly or partially leased to or occupied by tenants or not otherwise appropriated to the terms exclusive occupancy of tenants, including the Parking Area, the sidewalks, pedestrian ways, driveways, signs (other than Tenant's signs), pools, ponds, service delivery and conditions loading facilities, common storage areas, common utility facilities and all other areas on the Property established by Landlord and/or its successors for non-exclusive use. Landlord may, by written notice to Tenant, elect in its sole discretion to increase and/or decrease the Common Area from time to time during the Term for any reason whatsoever (including without limitation an election by Landlord and/or its successors in their sole discretion to make changes to the buildings situated on the Property, and/or to subdivide, sell, exchange, dispose of, transfer, or change the configuration of all or any portion of the Common Area from time to time), so long as Landlord does not (i) unreasonably interfere with ingress to or egress from the Buildings; (ii) permanently reduce the number of parking spaces available for Tenant's use below the minimum requirements set forth in paragraph 37; (iii) move the Parking Area materially farther from the Buildings; (iv) materially decrease the visibility of Tenant's signage located on the Buildings or within the Property as of the date of this Lease Third Amendment or future Tenant's identification signage installed on the exterior of the Buildings in accordance with paragraph 20 (provided that Landlord alternatively may relocate Tenant's signage at Landlord's expense to a location mutually acceptable to Landlord and Tenant as may be agreed by the parties prior to such relocation); or (v) reconfigure the Common Area located within those certain areas surrounding the Buildings as highlighted in yellow on EXHIBIT A and designated as the "Protected Areas." No such subdivision, sale, exchange, disposition, transfer, or change to the configuration of all or any portion of the Common Area shall cause the Common Area to be increased or decreased unless and until Landlord has given Tenant written notice of such increase or decrease. Landlord shall have exclusive control of the Common Area and may at any time close any part thereof for periods not to exceed thirty (30) days (subject to delays due to causes beyond Landlord's control), exclude and restrain anyone from any part thereof, except the bonafide customers, employees and invitees of Tenant who use the Common Area in accordance with the reasonable rules and regulations as Landlord may from time to time reasonably prescribepromulgate. In exercising any such rights, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of unreasonably disrupt Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below's business.
Appears in 1 contract
Samples: Lease (Ampex Corp /De/)
Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribeprescribe for all tenants located on the Parcel, Tenant and Tenant’s 's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “"Common Area.” " This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes Area without any liability to Tenant. Notwithstanding the foregoing, Landlord shall prevent not, without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any change to the Common Areas which (i) materially diminish or adversely affect interferes with Tenant’s ability to have 's access to and from the Premises, (ii) alters the main entry to the Premises or reduces the number of entries to the Premises, (iii) alters or reduces the street entries to the parking facilities on the Parcel, (iv) materially interferes with Tenant's use and enjoyment of the Premises, or (v) requires Tenant to alter its use of the Premises Premises, to incur additional operating costs, or Tenant’s allocation to incurs costs of parking spacesalteration, retrofitting, or refixturing. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the BuildingParcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with upon advance noticenotice to Tenant, and all amendments shall be effective upon within thirty (30) days following delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant’s 's Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost as designated from time to Tenant during time by Landlord. Landlord shall not allow the Term or any extension or renewal parking areas of the TermParcel to become over-subscribed or committed. Tenant shall not at any time park or permit the parking of Tenant’s 's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s 's vehicles or trucks, or the vehicles or trucks of Tenant’s 's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of LandlordArea. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered reasonable discretion of Landlord. Except as excluded herein or in Addendum One, the The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s 's Pro Rata Share of such costs as provided provided, and subject to the limitations, in Paragraph 12 below.
Appears in 1 contract
Samples: Mips Technologies Inc
