Common use of Common Areas Clause in Contracts

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 6 contracts

Samples: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Heat Biologics, Inc.), Lease (Precision Biosciences Inc)

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Common Areas. Tenant shall have the right, which except as otherwise expressly provided in this Section 1.1.3 shall be non-exclusive right exclusive, to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants of the Building are permitted Common Areas may include, from time to utilize pursuant to time, in Landlord’s sole discretion, a recorded declaration conference center and which areas shall be maintained in accordance with the declarationother amenities. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas. In no event, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewithhowever, shall use commercially reasonable efforts to minimize Landlord’s changing of any material interference with Common Areas reduce Tenant’s parking or otherwise materially adversely affect Tenant’s use of and access to or operation within the Premises, or materially increase its obligations, or materially impair its rights, under this Lease.

Appears in 5 contracts

Samples: Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.(as both of those terms are defined below). The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 4 contracts

Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc), Office Lease (Airgain Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other Class A, mid-rise office buildings in the downtown areas of Sunnyvale, Palo Alto and Mountain View, California, which buildings are comparable in quality of appearance, services, and amenities (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 4 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to construct and operate an amenities center in the Building for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term (provided that Tenant acknowledges that the amenities center is currently anticipated to begin operations after the Lease Commencement Date); provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 4 contracts

Samples: Lease Agreement, Sublease (Alector, Inc.), Lease (Denali Therapeutics Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 3 contracts

Samples: Lease Agreement (Werewolf Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist Landlord and Tenant hereby acknowledge and agree that, as long as Tenant leases one hundred percent (100%) of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this LeaseBuilding, shall mean the no portion of the Project Building shall be designated as such by a Common Area. Landlord or areas within shall operate and maintain the Project that the occupants of the Building are permitted to utilize pursuant to Common Areas in a recorded declaration and which areas shall be maintained in accordance manner consistent with the declaration. The "Comparable Buildings" as that term “Building Common Areas,” as used is set forth in Section 4 of Exhibit G, attached to this Lease. Notwithstanding anything set forth herein to the contrary, shall mean the portions use of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules express provisions of this Lease and Regulations such rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not (a) unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use granted under Section 5.1, below, or (b) materially increase the cost of Tenant's occupancy of the Premises through a material increase in Additional Rent. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference otherwise materially interferes with Tenant’s 's ability to use the Premises for the Permitted Use. Except when and where Tenant's right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 3 contracts

Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc), Office Lease (Team Communication Group Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in tenants, guests, invitees and owners at the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenantstenants or other owners, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion Common Areas external to the Building but serving the Building’s tenants and any other portions of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building (e.g. lobby, corridors, elevators) or in its immediate surround (e.g. walkways, landscaping for the Building) or reasonably designated as such by Landlord. The manner in which the Common Areas are maintained maintained, operated, and operated made available shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 3 contracts

Samples: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Prior to July 1, 2010, the Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which Landlord shall operate and maintain the Common Areas are maintained and operated shall be at in a manner consistent with the reasonable discretion "Comparable Buildings" as that term is set forth in Section 4 of Landlord and Exhibit G, attached to this Lease. Notwithstanding anything set forth herein to the contrary, the use thereof of the Common Areas shall be subject to the Rules express provisions of this Lease and Regulations such rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not (a) unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use granted under Section 5.1, below, or (b) materially increase the cost of Tenant's occupancy of the Premises through a material increase in Additional Rent. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference otherwise materially interferes with Tenant’s 's ability to use the Premises for the Permitted Use. Except when and where Tenant's right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 3 contracts

Samples: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a first-class manner consistent with that of other “Comparable Buildings” as that term is set forth in Section 4 of Exhibit H attached hereto, and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions (i) do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below, and (ii) are subject to the terms set forth in the Exhibit D attached hereto. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions be permitted which materially reduce or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference materially interfere with Tenant’s use rights or access hereunder. Except when and where Xxxxxx’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 2 contracts

Samples: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)

Common Areas. As used in this Lease, the term “Common Areas” shall mean the parts of the project in which Building is located (the “Project”) designated by Landlord from time to time for the common use of all tenants of the Project and as otherwise may be set forth in the Condominium Documents. Landlord reserves the right to make changes to the location, dimensions, identify any type of any other building within the Project and to construct additional buildings or additional stories on existing buildings or other improvements in the Project, and to eliminate buildings from the Project, except for the Building in which the Premises is located, Tenant and its employees, patients, approved subtenants and licensees shall have the non-exclusive (or exclusive where provided herein or in the Condominium Documents) right and license to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, Common Areas as constituted from time to time, for such use to be in common by with Landlord, Tenant and any other tenants of the Project (such areas, together with such and other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared persons permitted by Landlord and certain tenants, are collectively referred to herein as use the “Common Areas”)same. The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions may temporarily close any part of the Common Areas located within the Building reasonably designated Area for such periods of time as such by Landlord. The manner in which the Common Areas are maintained and operated may be necessary to make repairs or alterations, provided, however, that Landlord shall be at the reasonable discretion of Landlord and the use thereof shall be subject not make any changes to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, the Project or any building or improvement located therein which change would materially and negatively impact on Tenant’s use and occupancy of the Premises or access thereto. Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with disruption to Tenant’s use business in the exercise of its rights pursuant to this Section 5.4. Landlord shall be responsible for the operation, management and access to the Premisesmaintenance of all Common Areas except as otherwise set forth in Section 30.

Appears in 2 contracts

Samples: Lease Agreement (ProPhase Labs, Inc.), Lease Agreement (ProPhase Labs, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime (provided that in the event of any conflict between any such new or modified rules or regulations and the provisions of the body of this Lease, the provisions of the body of this Lease shall control). Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, (i) Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall at all times use commercially reasonable efforts to minimize any material interference with the conduct of Tenant’s use of and access to business at the Premises, and (ii) in no event shall any such alterations, additions and/or changes alter the nature of the Project to something other than an office building project consistent with the office building projects comparable to and in the vicinity of the Building.

Appears in 2 contracts

Samples: Office Lease (Connecture Inc), Office Lease (Connecture Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants (inclusive of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationany exterior landscaped areas). The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably Buildings designated as such by Landlord. The Project includes two (2) ground floor lobbies: one (1) lobby (the “North Lobby”) provides access to the North Building and North Tower, including the Retail Space; and one (1) lobby (the “South Lobby”) provides access to both the South Building and the South Tower. The North Lobby and South Lobby are Building Common Areas. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the provision of Article 7 below and the manner in which the common areas of the “Comparable Buildings,” as defined in Exhibit G attached hereto, are maintained and operated) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Any such closures, alterations or additions will be subject to the terms of Section 19.5.2 below.

Appears in 2 contracts

Samples: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants (inclusive of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationany exterior landscaped areas). The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the provision of Article 7 below and the manner in which the common areas of the “Comparable Buildings,” as defined in Exhibit G attached hereto, are maintained and operated) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Any such closures, alterations or additions will be subject to the terms of Section 19.5.2 below.

Appears in 2 contracts

Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord; provided that Landlord shall maintain and operate the same in a manner consistent with the maintenance and operation of common areas in Comparable Buildings as defined in Exhibit F attached hereto and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord shall perform such closures, alterations, additions that the same does not materially impair Tenant’s ability to use the Premises for the Permitted Use or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference materially interfere with Tenant’s use of and access to the Premises.

Appears in 2 contracts

Samples: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)

Common Areas. Without limiting any other rights or remedies of Tenant, to the extent Landlord has such rights under the Master Lease, Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred attached to in Article 5 of this LeaseLease as Exhibit G, those portions of the Project which are provided, from time to time, for use in common by Master Landlord, Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Master Landlord, in its reasonable discretion, including certain areas designated for as permitted in the exclusive use of certain tenants, or to be shared by Landlord and certain tenantsMaster Lease, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Master Landlord or areas within as permitted in the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationMaster Lease. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordMaster Landlord as permitted in the Master Lease. The manner in which Landlord shall at all times cause Master Landlord to maintain and operate the Common Areas are maintained in compliance with Applicable Laws, and operated shall be at in a manner consistent with the reasonable discretion of Landlord and “Comparable Buildings,” as such term is defined below. Tenant acknowledges that as provided in the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Master Lease, Master Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Areas (and Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall cause Master Landlord to use commercially reasonable efforts to minimize advise Tenant in advance of any material such alterations, additions or changes), so long as such alterations, additions and changes will not result in an “Adverse Condition”, which for purposes hereof shall mean (i) any unreasonable interference with or material adverse effect on Tenant’s access to or use of the Premises for the Permitted Use, (ii) any unreasonable interference with or material adverse effect on Tenant’s access to or use of the Supplemental Areas or any other areas of the Building or Project outside the Premises to which Tenant has access pursuant to this Lease, or (iii) an event which affects the location or size of the Premises or any Supplemental Areas or any other areas of the Building or Project outside the Premises to which Tenant has access pursuant to this Lease. Subject to the terms of this Lease and access Tenant’s compliance with the Rules and Regulations attached to this Lease as Exhibit G and with such other reasonable, non-discriminatory Building rules and regulations promulgated in writing by Master Landlord, as permitted in the Master Lease, which will not result in an Adverse Condition, Tenant shall have the right of ingress and egress to the Premises, the Building Common Areas and the Project parking areas twenty-four (24) hours per day, seven (7) days per week. The term “Comparable Buildings” shall mean comparable buildings in terms of quality and desirability of location, age (based upon the date of completion of construction or major renovation as to the building containing the portion of the Premises in question), quality of construction, level, availability and type of services and amenities, height, size and appearance, and are located in downtown Los Angeles, California.

Appears in 2 contracts

Samples: Lease (CoreSite Realty Corp), Lease (CoreSite Realty Corp)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants of the Building are permitted Common Areas may include, from time to utilize pursuant to time, in Landlord's sole discretion, a recorded declaration conference center, cafeteria, fitness center and which areas shall be maintained in accordance with the declarationother amenities. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time; provided that Landlord shall maintain the Common Areas in a manner commensurate with the Class A campus office project standard being applied as of the date of this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, that Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises, parking areas and Common Areas.

Appears in 2 contracts

Samples: Office Lease (Zeltiq Aesthetics Inc), Office Lease (Zeltiq Aesthetics Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are shall be maintained and operated shall be at in a manner consistent with similar first class office and laboratory buildings located in the reasonable discretion East and Mid-Cambridge submarkets of Landlord the City of Cambridge, Massachusetts and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. The Common Areas include the fourth floor balcony shown on Exhibit 2.2-2 as “Balcony”, which shall be available for the non-exclusive use of all tenants on the fourth floor of the Building.

Appears in 2 contracts

Samples: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with Project tenants the Project Common Areas and the non-exclusive right to use in common with other Building tenants in the ProjectBuilding Common Areas, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those . Those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with and such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the Project Common Areas” Areas and the Building Common Areas.” . The term “Project Common Areas,as used in this Lease, shall mean (i) the portion of the Project designated as such by Landlord or and (ii) all common areas within designated in that certain Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for the Project that the occupants Lakeshore Towers, dated October 17, 1989, recorded October 23, 1989, as Instrument No. 89569018 of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with Official Records of Orange County, California (the declaration“CC&Rs”). The term “Building Common Areas,as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate same in a manner consistent with that of other first-class, high-rise office buildings in the Xxxx Xxxxx Airport/South Coast Plaza, Costa Mesa, California area, which are comparable in size (containing at least 250,000 rentable square feet), quality of construction, and services and amenities to the Building (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 2 contracts

Samples: Office Lease (Quality Systems Inc), Office Lease (Quality Systems Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Section 4 of Exhibit F, attached hereto) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time; provided, however, Landlord shall not enact any such rules and regulations intended to discriminate against Tenant vis-à-vis the other tenants of the Building, and provided further that Tenant’s access to and use of the Premises for the Permitted Use is not materially affected. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 2 contracts

Samples: Office Lease (Yelp Inc), Office Lease (Yelp Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenantstenants [such as those areas reserved for the exclusive use of the tenant leasing the balance of the Building, which areas are identified as “Tanvex Exclusive Areas” on the attached Exhibit A-2], or to otherwise be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other Comparable Buildings (as that term is defined in Exhibit H attached hereto) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use (as that term is defined in Section 7 of the Summary and as set forth in Section 5.1, below). Upon reasonable prior written notice to Tenant (except in the event of emergencies) Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 2 contracts

Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"COMMON AREAS"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term “Project Common Areas"PROJECT COMMON AREAS," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas"BUILDING COMMON AREAS," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord shall perform that such closures, alterations, alterations or additions do not materially interfere with or changes in a commercially reasonable manner and, in connection therewith, shall unreasonably disturb Tenant's use commercially reasonable efforts to minimize any material interference with Tenant’s use and occupancy of and access to the Premises.

Appears in 2 contracts

Samples: Office Lease (Universal Access Inc), Office Lease (Universal Access Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the ProjectProperty, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project Property which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Property (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). Except during such periods as, and to the extent, Tenant is entitled to the exclusive use thereof, the Building lobby and Outdoor Terraces shall remain part of the Common Areas. The Common Areas shall consist of the “Project Property Common Areas” and the “Building Common Areas.” The term “Project Property Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within Common Areas located outside the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationBuilding. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordBuilding. The manner in which the Common Areas are maintained shall be as provided in Article 7 and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Exhibit G, attached hereto) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project Property and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises or the Property parking facility.

Appears in 2 contracts

Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.)

Common Areas. Landlord hereby grants to Tenant, for the benefit of Tenant shall have and its employees, suppliers, shippers, customers and invitees, during the term of this Lease, the non-exclusive right to use use, in common with other tenants in others entitled to such use, the ProjectCommon Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Building or the Complex and subject to the Rules requirements and Regulations referred limitations on the use of parking areas. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in Article 5 the Common Areas. Any such storage shall be permitted only by the prior written consent of this LeaseLandlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur then Landlord shall have the right, without notice, in addition to such other rights and 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. If Landlord establishes Common Facilities (hereinafter defined), then Tenant may use, in common with Landlord's employees, contractors, agents, invitees, and other tenants, those portions of the Project which Building that are provided, designated by Landlord from time to time, time as be available for common use in common by Landlord, Tenant and any other tenants of (the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “"Common Areas”Facilities"). The Common Areas shall consist of the “Project Common Areas” Facilities include certain conference and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project training rooms designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Notwithstanding the foregoing, Tenant's use of any Common Facilities shall be subject to such rules regarding scheduling and priority as may be promulgated by Landlord from time to time. Tenant shall cause its employees, invitees, guests and contractors to use the Common Facilities (i) in a clean, safe and sanitary manner, (ii) in such a way as to minimize interference with any other party's use of any Common Facilities or its occupancy in the Building, and (iii) comply with such rules and regulations now or hereafter in existence or established by Landlord from time to time for the common and shared use of the Common Facilities. The cost of the Common Facilities shall be included in Operating Expenses except for expenses directly incurred by Tenant in connection with its use, which shall be paid by Tenant. Landlord reserves the right in its sole and absolute discretion to close temporarilyclose, make alterations reduce or additions to, or change the location of elements of the Project and expand the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts Facilities at any time and from time to minimize any material interference with Tenant’s use of and access to the Premisestime.

Appears in 2 contracts

Samples: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to operate an amenities center in the Project for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term; provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 2 contracts

Samples: Lease (Harpoon Therapeutics, Inc.), Lease (Alector, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.(as both of those terms are defined below). The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Article 5, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 2 contracts

Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations set forth in Exhibit D, attached hereto and referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Section 2.2.2, below, are maintained) and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to timeset forth in Exhibit D, attached hereto. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall at all times use commercially reasonable efforts to minimize any material interference with the conduct of Tenant’s use of and access to business at the Premises.

Appears in 2 contracts

Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, Landlord no event shall perform such closures, alterations, additions addition or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with adversely effect Tenant’s use of and the Premises for the Permitted Use or Tenant’s access to the Premises.

Appears in 2 contracts

Samples: Office Lease (Motricity Inc), Office Lease (Motricity Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises., the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Article 2, below,

Appears in 2 contracts

Samples: Office Lease (Global Clean Energy Holdings, Inc.), Office Lease (Global Clean Energy Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord, if any. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other first-class R&D/office buildings in San Jose, California, which buildings are comparable in quality of appearance, services, and amenities (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that in the event of any such Common Area closure, provided thatchange, alteration or modification, except in connection therewithemergency situations as reasonably determined by Landlord, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use exercise commercially reasonable efforts to perform the same in a manner that is reasonably designed to minimize any material interference with Tenant’s access to and permitted use of and access to the PremisesPremises consistent with Comparable Buildings.

Appears in 2 contracts

Samples: Consent to Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)

Common Areas. Tenant AND INSTALLATION shall have mean those of the noncommon areas and facilities mentioned and specified in FOURTH SCHEDULE hereunder written, and declared and expressed by the Vendors for common use and enjoyment of co-exclusive right owners. i) COMMON EXPENSES shall mean and include all expenses for the maintenance, management, upkeep and administration of the Building, and, in particular the common areas, and Installations, and rendition of common services to use in the co-owners, and all other expenses for the common with other tenants purpose including those mentioned in the ProjectFIFTH SCHEDULE hereunder written to be contributed, borne, paid and subject shared by the Co-owners. j) CO-OWNERS according to the Rules and Regulations referred context shall mean all the buyers/owners, who for the time being shall either complete the purchase of any unit in the building, or have agreed to purchase any Unit in Article 5 the building, and/or taken lawful possession of this Leaseany such unit, those portions and, of all the unsold unit and/or Units therein not being parted with as yet may remaining either in possession of the Project which are providedVendors or the developer, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areassuch.” The term “Project Common Areas,” as used in this Lease, k) ASSOCIATION shall mean the portion Association to be formed by all the co-owners as aforesaid for joint care, security, preservation and maintenance of the Project designated said building. All the co-owners being agreement bound to join such association on due formation thereof paying proportionately for such purpose. l) PROPORTIONATE SHARE according to the context shall mean: i) Where it refers to the share of the purchasers in the land comprised in the said premises the share of any purchaser therein shall be in the proportion in which the built-up area of said unit may in total as such by Landlord or areas against the total of built-up area of all the units within the Project that the occupants building, inclusive of the Building are permitted one being the subject matter hereof. Where it refers to utilize pursuant to a recorded declaration and which areas shall be maintained the share of the purchasers in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within and Installation the Building reasonably designated as such by Landlord. The manner share of any purchaser therein shall be in the proportion in which the Common Areas are maintained and operated built-up areas of the said unit be to the built-up area of all the Units in the building the share of any purchaser in common expenses therefor similarly shall be determined in the said mode and manner PROVIDED NEVERTHELESS THAT, where it refers to the share in the rates and/or taxes payable as, or under common expenses such share shall be determined on the basis of area enjoyed by the Purchaser at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premisessaid premises .

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by LandlordLandlord or an affiliate of Landlord or any other owner of the Project (or any portion thereof), Tenant and any other tenants of the Project, including the parking facilities at the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord Landlord, provided that such is reasonably consistent with First Class Life Sciences Projects, and the use thereof shall be subject to the Rules such reasonable and Regulations nondiscriminatory rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with TenantTxxxxx’s use of and access to the Premises. Except as otherwise specifically expressed in this Lease, the Amenity Building will not be deemed a part of the Common Areas (but will at all times be deemed a part of the Project), provided that so long as the costs related to the Amenity Building are included in Operating Expenses and Real Estate Taxes, the services and amenities provided in the Amenity Building shall be available for use by Tenant.

Appears in 1 contract

Samples: Lease (Alumis Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, outside of the Premises provided for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord, including, but not limited to, the non-exclusive right to use in common with Landlord or areas within the Project that the and other occupants of the Building are permitted such walkways, roadways, driveways, loading docks, parking facilities, the outdoor amenity space and other similar or related facilities as may exist in and about the Building and “Land” (as hereinafter defined) and be generally available to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with all occupants of the declarationProject. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord, including, without limitation, elevators, stairways, corridors, entranceways, rest rooms, loading docks, utility closets, risers, shafts, raceways and other similar or related facilities as may exist in and about the Building and be generally available to all occupants of the Building. The manner in which the Common Areas are shall be maintained and operated shall be at the by Landlord in a clean, neat, and commercially reasonable discretion of Landlord manner, consistent with a first class commercial office park, and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2 below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project (other than the Premises) and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts so as to minimize any material interference with with, or disruption to, Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Lease (Conatus Pharmaceuticals Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the each Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined in Section 2.2.2 of this Lease, below, are maintained and operated) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant’s rights or access hereunder, provided that, in connection therewith, and Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Except when and where Tenant’s right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Ixia)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants of the Building are permitted Common Areas may include, from time to utilize pursuant to time, in Landlord’s sole discretion, a recorded declaration conference center and which areas shall be maintained in accordance with the declarationother amenities. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Provided the same do not unreasonably interfere with Tenant’s use of or access to the Premises or materially increase the obligations or decrease the rights of Tenant under this Lease, Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Office Lease (Akero Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord, provided that Landlord shall at all times (1) maintain and operate the use thereof shall be subject Common Areas in a first‑class manner at least consistent with "Comparable Buildings," as that term is defined in Section 4 of Exhibit F to this Lease; and (2) designate and operate the Rules and Regulations as Landlord may make from time to timeCommon Areas in a manner that does not violate clauses (a) through (f) of the immediately following sentence. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project (other than the Premises) and the Common Areas, provided that, in connection therewith, that Landlord shall perform such closuresnot, without the prior written consent of Tenant, which may be given or withheld in Tenant’s reasonable discretion, make any permanent alterations, additions or changes in which (a) change the nature of the Project to something other than a commercially reasonable manner andfirst class office building project, in connection therewith(b) materially, shall adversely affect Tenant's use commercially reasonable efforts to minimize any material interference of the Premises for the Permitted Use or materially interfere with Tenant’s use business operations being conducted at the Premises, (c) materially adversely affect Tenant's ingress to or egress from the Project, Building, the Premises or the parking areas servicing the same, (d) materially impair the visibility of Tenant's signage rights as provided under this Lease, and/or (e) materially increase Tenant's monetary obligations under this Lease. Except when and where Tenant's right of access is specifically excluded as the result of (i) an emergency, (ii) a requirement by Applicable Law or the Underlying Documents (as that term is defined in Section 5.5 below), or (iii) a specific provision set forth in this Lease, Tenant shall have the right of ingress and egress to the Premises, the Common Areas and Tenant's Parking Areas (as that term is defined in Article 28 below) twenty- four (24) hours per day, seven (7) days per week, every day of the year during the Lease Term.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area, elevators and staircase in the 900 Building and grounds (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises and parking areas. -In addition, Tenant shall have the exclusive right to use the patio/picnic table area adjacent to the Initial Premises for seating, eating and company gatherings, including the right to install seating and other improvements, subject to Article 8 hereof.

Appears in 1 contract

Samples: Lease (Bolt Biotherapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, including Tenant, or to be shared by Landlord and certain tenants, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2, below; provided that, notwithstanding anything to the contrary in this Lease, Landlord shall operate the Project as a first class life sciences project comparable to other first class life sciences projects in San Diego. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Notwithstanding anything to the contrary in this Lease, in no event shall Landlord operate, maintain or make any changes to the Project or any portion thereof that will unreasonably interfere with or limit (a) Tenant’s access to or from the Premises, (b) Tenant’s use of the Premises, or (c) Tenant’s parking rights under this Lease.

Appears in 1 contract

Samples: Lease (Aethlon Medical Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, which shall include the Building lobby on the first floor, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Office Lease (Opentv Corp)

Common Areas. Tenant shall have the non-exclusive right to use in common with Project tenants the Project Common Areas and the non-exclusive right to use in common with other Building tenants in the ProjectBuilding Common Areas, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those . Those portions of the Project which are provided, from time to time, provided for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with and such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the Project Common Areas” Areas and the Building Common Areas.” . The term “Project Common Areas,as used in this Lease, shall mean (i) the portion of the Project designated as such by Landlord or and (ii) all common areas within designated in that certain Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for the Project that the occupants Lakeshore Towers, dated October 17, 1989, recorded October 23, 1989, as Instrument No. 89569018 of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with Official Records of Orange County, California (the declaration“CC&Rs”). The term “Building Common Areas,as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate same in a manner consistent with that of other first-class, high-rise office buildings in the Xxxx Xxxxx Airport/South Coast Plaza, Costa Mesa, California area, which are comparable in size (containing at least 125,000 rentable square feet), quality of construction, and services and amenities to the Building (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Areas so long as Tenant’s access to and use of and access to the PremisesPremises is not adversely affected during Building Hours (as defined below).

Appears in 1 contract

Samples: Office Lease (United Pan Am Financial Corp)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to construct and operate an amenities center in the Building for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term (provided that Tenant acknowledges that the amenities center is currently anticipated to begin operations after the Lease Commencement Date); provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 1 contract

Samples: Lease (CytomX Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within including the Project that patios on the occupants of the Building are permitted to utilize pursuant to a recorded declaration 2nd and which areas shall be maintained in accordance with the declaration4th floors. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference unreasonably interfere with Tenant’s Xxxxxx's use of and or access to the Premises. Notwithstanding the foregoing, Landlord shall operate and maintain the Common Areas in a manner commensurate with "Comparable Buildings", as defined in Section 2.2.2, below.

Appears in 1 contract

Samples: Office Lease (Aadi Bioscience, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.(as both of those terms are defined below). The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord (provided that Landlord shall maintain and operate the same in a manner consistent with that of other Comparable Buildings (as that term is defined in Section 4 of Exhibit H to this Lease)), and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord shall perform that no such closuresclosings, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which unreasonably reduce Tenant’s rights or access hereunder or otherwise unreasonably affect Tenant’s use of the Premises for the Permitted Use. Except when and where Tenant’s right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facilities twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Versartis, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the Premises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to operate an amenities center in the Project for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term; provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project). Landlord shall take all commercially reasonable measures to prevent, to the extent practicable, any intrusion of odors, noise, or vibrations from the Common Area on the first floor of the Building to the Premises.

Appears in 1 contract

Samples: Lease (MyoKardia Inc)

Common Areas. Landlord and Tenant acknowledge that as the Premises constitutes all (or substantially all) of the Building, there are no “common areas” in the Building to which third parties have general rights of access or use; provided, however, given Landlord’s ownership of the Building, Project and ongoing obligations and rights set forth in this Lease, Landlord may nevertheless reasonably designate certain areas within the Building and Project as “Common Areas,” including certain areas designated for the exclusive use of Landlord, or to be shared by Landlord and Tenant and, where applicable, third party owners and tenants of properties adjacent to the Project; provided further, however, in no event shall any portion of the Building be deemed Common Area for purposes of such third parties. Subject to the Rules and Regulations, Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenantsother reasonably designated parties, are collectively referred to herein as the “such Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such reasonable and Regulations non-discriminatory rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease5, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, whether or not those areas are open to the general public (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, such as balconies abutting tenants’ premises, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other first-class, mid-rise office buildings (including the office buildings constructed adjacent to the Project as “Phase I” of The Water Garden, hereafter referred to as “Phase I”) in the Santa Monica, California area, which are comparable in terms of size, quality of construction, appearance, and services and amenities (the “Comparable Buildings”). Landlord agrees that it will cause the Building and the use thereof shall Project to be subject to the Rules operated and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes managed in a commercially reasonable first-class manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference consistent with Tenant’s use that of and access to the Premisesa reasonably prudent building manager of Comparable Buildings.

Appears in 1 contract

Samples: Office Lease (Cornerstone OnDemand Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, if any and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, if any (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time; provided that such manner, rules and regulations are consistent with those in use in comparable First Class Life Science Projects. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize 726334.04/WLA183305-00001/10-27-14/ejs/ejs 3 [XXXXXXXXX BIOTECH GATEWAY][Solazyme, Inc.] any material interference with Tenant’s 's use of and access to the Premises, and shall not reduce the number of parking spaces available to Tenant, and shall use its best efforts to give Tenant notice of any planned power shutdown at least ten (10) business days in advance, and shall inform Tenant as soon as there is any possibility of such shutdown and work cooperatively with Tenant to plan for such shutdown.

Appears in 1 contract

Samples: Lease Agreement (Solazyme Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other Class A, mid-rise office buildings in San Mateo, California, which buildings are comparable in quality of appearance, services, proximity to public transportation and amenities (the “Comparable Buildings”) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform Areas so long as the exercise of such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with rights does not materially adversely affect Tenant’s use or occupancy of and or access to the PremisesPremises or the parking areas serving the Project.

Appears in 1 contract

Samples: Office Lease (ZS Pharma, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project, which shall include the shipping and receiving area in the Building and the amenities space in the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord has constructed and is planning to operate an amenities center in the Project for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term; provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 1 contract

Samples: Lease (Global Blood Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other owners and tenants in the Project, subject to the Declaration and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other owners and tenants of the Project (such areas, together with such other portions of the Project designated by LandlordLandlord or other owners of the Project, in its their discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord Landlord, certain owners, and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas owned by Landlord are maintained and operated shall be at the reasonable discretion of Landlord (subject to the provisions of Article 7) and the use thereof shall be subject to the Rules such non-discriminatory rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common AreasAreas owned by Landlord, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall at all times use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.. Any such closures, alterations or additions will be subject to the terms of Section 19.5.2

Appears in 1 contract

Samples: Lease (Penumbra Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Retrophin, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). In connection with the foregoing rules and regulations, Landlord hereby agrees that Landlord shall not enforce the same in a discriminatory manner. The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (provided that such maintenance and operation shall be at least materially consistent with the standard for maintenance and operation performed by landlords of “Comparable Buildings,” as that term is defined in Section 2.2.2 of this Lease) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference not materially interfere with Tenant’s use access to, parking for, and the conduct of and access to Tenant’s business at, the Premises.. 692326.07/WLA 123056-00076/7-12-12/ral/sew EXHIBIT A-1 -3- PLAZA CENTER [Blucora, Inc.]

Appears in 1 contract

Samples: Office Lease (Blucora, Inc.)

Common Areas. Tenant shall have Those areas within the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions outer property lines of the Project which are providedproperty as delineated on the plat attached hereto marked Exhibit "A", from time to time, for use in common by Landlord, Tenant and any other tenants exclusive of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein therein depicted as the “Common Areas”). The Common Areas Building area shall consist of the “Project Common Areas” and the “be known as Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with for the declarationmutual non-exclusive use of all Landlord's Tenants, including Tenants of the Building, their employees, customers and invitees. The term “All other areas of the Development, (exclusive of the Building Common Areas,” Area as used in this Lease, defined above) for joint use of all Tenants within the Development shall mean the portions of the be known as Development Common Areas located within the Building reasonably designated as such by Landlordshown on Exhibit "C" attached hereto and incorporated herein. The manner in which the Landlord covenants and agrees at its sole cost and expense to improve said Common Areas are maintained by installing and operated shall be at the reasonable discretion of Landlord constructing thereon access roads, pedestrian walkways, sidewalks, exterior canopies, delivery and the use thereof shall be subject landscaped areas and lighting facilities as depicted therein to the Rules and Regulations as extent to which Landlord may make from time shall determine to timebe necessary. Notwithstanding anything elsewhere herein contained, Landlord reserves the right from time to close temporarilytime to make reasonable changes in, make alterations or additions toto and deletions from the Common Areas (so long as parking is available to Tenant and Tenant's ingress and egress shall not be effected by said changes), or change the location of elements of the Project and the Common Areaspurposes to which the same may be devoted, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s and the use of Common Areas shall at all times be subject to such reasonable rules and access to the Premisesregulations as may be promulgated by Landlord.

Appears in 1 contract

Samples: Stock Purchase Agreement (Iomed Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project reasonably designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord (but shall at least be consistent with the manner in which the common areas of Comparable Buildings are maintained (provided that, except as otherwise expressly set forth in this Lease, in no event shall Landlord be required to improve or enhance the Common Areas in existence as of the date of this Lease)) and the use thereof shall be subject to the Rules such reasonable non-discriminatory rules, regulations and Regulations restrictions as Landlord may make from time to time; provided that Landlord shall not enforce such rules, regulations and restrictions in a discriminatory manner against Tenant as opposed to other tenants of the Project. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, (i) Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material unreasonable interference with Tenant’s use of and and/or access to the Premises for the Permitted Use and/or Tenant’s parking rights under this Lease (provided that to the extent Landlord provides Tenant with “Reasonable Alternate Parking,” as that term is defined in Section 19.5.2 below, then no unreasonable interference with Tenant’s parking rights shall be deemed to have occurred), and (ii) Landlord shall give Tenant at least five (5) business days prior notice if such closures, alterations, additions or changes will interfere with, or limit, on other than a non-material basis (except in the event of an emergency, where no prior notice shall be required, except that Landlord shall nonetheless use commercially reasonable efforts to notify Tenant): (a) Tenant’s access to or from the Premises, (b) Tenant’s use of the Premises for the Permitted Use, or (c) Tenant’s parking passes, Tenant’s signage rights specifically set forth in Article 23 below or Tenant’s rooftop rights specifically set forth in Section 29.32 below.

Appears in 1 contract

Samples: Lease (BioAtla, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Article 5, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Article 2 below.

Appears in 1 contract

Samples: Office Lease (Selectica Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, including Tenant, or to be shared by Landlord and certain tenants, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are shall be maintained and operated shall be in a first-class manner as determined at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Tenant acknowledges that Landlord is in the process of renovating the Common Areas. As of the date of this Lease, Landlord has completed all of the outdoor amenity renovations and the health fitness facility.

Appears in 1 contract

Samples: Lease Agreement (Organovo Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants ten ants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with . Except when and where Tenant’s use right of and access is specifically excluded as the result of (i) an emergency, (ii) a requirement of applicable laws, or (iii) a specific provision set forth in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Article 2 of this Lease.

Appears in 1 contract

Samples: Office Lease (BrightSource Energy Inc)

Common Areas. Tenant The term “Common Area” is defined for all purposes of this Lease as that part of the Project and/or Complex intended for the common use of all tenants, including among other facilities (as such may be applicable to the Complex), the lobby of the Building, elevator lobbies (if any), parking areas, private streets and alleys, landscaping, curbs, loading areas, sidewalks, malls and promenades (enclosed or otherwise), lighting facilities, drinking fountains, meeting rooms, public toilets, and the like, but excluding: (i) space in buildings (now or hereafter existing) designated for rental for commercial purposes, as the same may exist from time to time; (ii) streets and alleys maintained by a public authority; (iii) areas within the Complex which may from time to time not be owned by Landlord (unless subject to a cross-access agreement benefiting the area which includes the Premises); and (iv) areas leased to a single-purpose user where access is restricted. In addition, although the roof(s) of the building(s) in the Complex is not literally part of the Common Area, it will be deemed to be so included for purposes of: (i) Landlord’s ability to prescribe rules and regulations regarding same; and (ii) its inclusion for purposes of Operating Costs reimbursements. Subject to the limitations set forth below, Landlord reserves the right to change from time to time the dimensions and location of the Common Area, as well as the dimensions, identities, locations and types of any buildings, signs or other improvements in the Complex. For example, and without limiting the generality of the immediately preceding sentence, Landlord may from time OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 5 to time substitute for any parking area other areas reasonably accessible to the tenants of the Building or Complex, as applicable, which areas may be elevated, surface or underground. Notwithstanding the foregoing or any other provision contained herein to the contrary, Landlord acknowledges and agrees that it shall have no right to alter the dimensions or location of the Common Area in any manner which would have a material adverse affect upon Tenant’s business operations. Tenant, and its employees and customers, and when duly authorized pursuant to the provisions of this Lease, its subtenants, licensees and concessionaires, shall have the non-exclusive right to use in common with other tenants in the Project, and subject free of charge (except as set forth to the Rules and Regulations referred to contrary in Article 5 of this Lease, those portions of Exhibit C regarding Operating Costs) the Project which are provided, Common Area (excluding roof(s)) as constituted from time to time, for such use to be in common by with Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are and/or Complex, as applicable, and other persons reasonably permitted by the Landlord to utilize pursuant use the same without overburdening such Common Area, and subject to a recorded declaration rights of governmental authorities, easements, other restrictions of record, and which areas shall be maintained in accordance with such reasonable non-discriminatory rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions generality of Landlord’s ability to establish reasonable non-discriminatory rules and regulations governing all aspects of the Common Areas located within the Building reasonably designated Area, Tenant agrees as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.follows:

Appears in 1 contract

Samples: Office Lease Agreement (Radiant Systems Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at Landlord's reasonable discretion, provided that Landlord shall maintain and operate the reasonable discretion same in a manner consistent with the maintenance and operation of Landlord common areas in "Comparable Buildings," as defined in Section 4 of Exhibit H attached hereto and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. The Common Areas currently include the roof deck of the Building (the "Roof Deck"), provided thatwhich currently can be used on a non-exclusive basis by third parties (including Building tenants). Notwithstanding the foregoing, Landlord reserves the right, in connection therewithits sole discretion, Landlord to close, alter, add to, change the Roof Deck, and/or cease further use thereof by third parties (including Building tenants), at any time in the future. Except when and where Tenant's right of access is specifically excluded in this Lease, Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Nektar Therapeutics)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the "Comparable Buildings," as that term is defined in Section 4 of Exhibit H, are maintained and operated) and the use thereof shall be subject to the Rules such reasonable and Regulations nondiscriminatory rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably or materially interfere with the rights granted to Tenant under this Lease or the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, the Common Areas, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Article 2, Section 2.1, below. The café and fitness center in the Building are maintained and operated by another tenant in the Building as part of such tenant's premises. Notwithstanding the foregoing, Landlord shall not discriminate against Tenant in permitting Tenant to use the fitness center and café to the extent within Landlord's control.

Appears in 1 contract

Samples: Office Lease (Evofem Biosciences, Inc.)

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Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided, provided thathowever, in connection therewiththat Tenant and its employees, Landlord shall perform such closuresagents, alterationsinvitees and guests shall, additions or changes in a commercially at all times during the Lease Term, have reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Office Lease (Solar Power, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the Tenant’s use thereof shall be subject to the Rules such reasonable and Regulations non-discriminatory rules, regulations and restrictions as Landlord may make from time to timetime (but Tenant shall not be obligated to comply with any additions, amendments and/or modifications to such rules, regulations and restrictions unless and until Tenant receives written notice thereof from Landlord), provided that such rules, regulations and restrictions (and all additions, amendments and/or modifications thereof, if any) do not result in a Tenant Adverse Impact, and provided further that Landlord shall at all times maintain and operate the Common Areas in a “first-class” manner materially consistent with the common areas of the Comparable Buildings. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided thatAreas with at least fifteen (15) days’ prior written notice to Tenant (except in the case of an emergency, in connection therewith, which case Landlord shall perform provide Tenant such closures, alterations, additions or shorter notice as may be reasonable under the circumstances); provided that no such changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize be permitted which cause any material interference with Tenant Adverse Impact. Except when and where Tenant’s use right of and access is specifically excluded as a result of (i) an emergency, (ii) a requirement of law, or (iii) an express provision set forth in this Lease, Tenant shall have the right of access to the PremisesPremises and the Project parking facility twenty-four (24) hours per day, seven (7) days per week and every day of the year during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Lease Agreement (Heron Therapeutics, Inc. /De/)

Common Areas. Tenant shall have the non-exclusive right to use use, in common with other tenants in the Project, "Pacific Corporate Center," and subject to the Rules rules and Regulations regulations referred to in Article ARTICLE 5 of this Lease, those portions of the Project (the "PROJECT COMMON AREAS") which are external to the Building and which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the property adjacent to the Project which areas are owned or controlled by Landlord and which areas are generally referred to globally as the "PACIFIC CORPORATE CENTER" (such areasProject Common Areas, together with such other portions of the Project Pacific Corporate Center (the "PCC COMMON AREAS") designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain such tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"COMMON AREAS"; provided, however, Landlord and Tenant hereby acknowledge that (i) the term "Pacific Corporate Center," generally refers to that certain three-building project containing the Building and the "FO Buildings" as that term is set forth in SECTION 1.3, below and as identified on EXHIBIT A attached hereto, and (ii) in no event shall the term "Pacific Corporate Center" relate to an area greater than that for which the legal description is attached as EXHIBIT A-1). The areas designated as Common Areas shall consist as of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in date of this Lease are more particularly identified on EXHIBIT A-3 to this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (provided Tenant's use or occupancy of the Premises is not adversely materially impacted thereby) and the use thereof shall be subject to the "Rules and Regulations Regulations" set forth on EXHIBIT D, attached hereto, provided that Landlord shall at all times maintain and operate the Common Areas in a first-class manner consistent with the "Comparable Buildings," as Landlord may make from time such term is defined in SECTION 2.2.2 of this Lease. Subject to time. SECTION 1.1.4 below, Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of that portion of the Project and Common Areas constituting parking areas allocated to the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use remaining portion of the Pacific Corporate Center and/or the cross-easement and access areas; provided, however, that such right shall apply to the Premisesremainder of the Project Common Areas to the extent mandated by applicable governmental entities.

Appears in 1 contract

Samples: Lease (Vical Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Projectuse, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Landlord and Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the provision of Article 7 below and the manner in which the common areas of the "Comparable Buildings," as defined in Exhibit G attached hereto, are maintained and operated) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the Premises. Any such closures, alterations or additions will be subject to the terms of Section 19.5.2 below.

Appears in 1 contract

Samples: Sublease (Okta, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.(as those terms are defined below). The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or (including, without limitation, the Fitness Center (subject to the provisions of Section 29.34), sidewalk areas, multi-tenant access-ways and the multi-tenant “first-come first served” areas within of the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationparking facility). The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordLandlord (including, without limitation, the main multi-tenant lobby of the Building, the areas on individual multi-tenant floors that are designed to be accessible to more than one (1) tenant (e.g., fire vestibules, elevators, multi-tenant foyers, multi-tenant lobbies, multi-tenant electrical and telephone closets, multi-tenant restrooms, multi-tenant mechanical rooms, multi-tenant janitorial closets and other similar facilities for the benefit of the tenants and invitees of the Building)). The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but at all times in a manner consistent with a first class office project) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which (a) materially reduce Tenant’s use rights, the level of utilities or services supplied to the Premises or access hereunder, or (b) materially increase Tenant’s obligations hereunder. Except when and where Tenant’s right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Santarus Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with Project tenants the Project Common Areas and the non-exclusive right to use in common with other Building tenants in the ProjectBuilding this Lease. As Common Areas, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, used herein those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with and such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas”)". The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas,” ", as used in this Lease, shall mean (i) the portion of the Project designated as such by Landlord or and (ii) all common areas within designated in that certain Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for the Project that the occupants Lakeshore Towers, dated October 17, 1989, recorded October 23, 1989, as Instrument No. 89569018 of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with Official Records of Orange County, California (the declaration"CC&Rs"). The term "Building Common Areas,” ", as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate same in a manner consistent with that of other first-class, high-rise office buildings in the John Wayne Airport area which are cxxxxxxxxx in size (containing at least 200,000 rentable square feet), quality of construction, and services and amenities to the Building (the "Comparable Buildings") and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas. -1- LAKESHORE TOWERS BUILDING II [Quality Systems, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.Inc.]

Appears in 1 contract

Samples: Office Lease (Quality Systems Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease(as defined below) and Landlord’s reasonable access control procedures and systems, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project such as entrances, lobbies, fire vestibules, restrooms, mechanical areas, ground floor corridors, elevators and elevator foyers, the Parking Garage, electrical and janitorial closets, telephone and equipment rooms, loading and unloading areas, the Project’s plaza areas, if any, ramps, drives, stairs, and similar access ways and service ways and other common areas and facilities in and adjacent to the Building and the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of Comparable Buildings (as defined below) are operated and maintained). Landlord agrees that, if Tenant so elects and appoints a representative, then, upon Tenant’s written request made not more often than on a quarterly basis, Landlord shall meet and confer with Tenant’s representative regarding the use thereof shall be subject to manner in which the Rules Common Areas are operated and Regulations as Landlord may make from time to timemaintained. Landlord reserves the right to temporarily close temporarilythe Common Areas, or make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes may not modify the Building Common Areas in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with that would materially affect Tenant’s use of and or access to the Premises., without Tenant’s consent not to be unreasonably withheld, conditioned or

Appears in 1 contract

Samples: Sublease (Twilio Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord in a manner consistent with first class office buildings of similar class, size, age and quality as the Building located in the vicinity of the Building (provided that the foregoing shall not, however, require Landlord to upgrade any existing building systems (e.g. HVAC, elevators, fire/life safety) to keep pace with the latest technology for new developments or to provide any new or additional services) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that Landlord’s exercise of the foregoing rights shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference not materially interfere with Tenant’s use of and the Premises for the Permitted Use or materially interfere with Txxxxx’s access to the Premises.

Appears in 1 contract

Samples: Office Lease (Soleno Therapeutics Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.(as those terms are defined below). The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or (including, without limitation, the Fitness Center (subject to the provisions of Section 29.34), sidewalk areas, multi-tenant access-ways and the multi-tenant “first-come first served” areas within of the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationparking facility). The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by LandlordLandlord (including, without limitation, the main multi-tenant lobby of the Building, the areas on individual multi-tenant floors that are designed to be accessible to more than one (1) tenant (e.g., fire vestibules, elevators, multi-tenant foyers, multi-tenant lobbies, multi-tenant electrical and telephone closets, multi-tenant restrooms, multi-tenant mechanical rooms, multi-tenant janitorial closets and other similar facilities for the benefit of the tenants and invitees of the Building)). The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but at all times in a manner consistent with a first class office project) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which (a) materially reduce Tenant’s use rights, the level of utilities or services supplied to the Premises or access hereunder, or (b) materially increase Tenant’s obligations hereunder. Except when and where Tenant’s right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises., the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below. -0- XXXXXX REALTY XXXXXX CENTRE DEL MAR [Santarus, Inc.]

Appears in 1 contract

Samples: Sublease Agreement (Mast Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"), which Common Areas shall include that certain shared kitchen area located on the second (2nd) floor of the Building (the "Shared Kitchen"). In connection with Tenant's use of the Premises, Tenant shall be permitted to use the Shared Kitchen on a non-exclusive basis in common with the other occupants of the Building throughout the Lease Term, subject to Landlord's rules and regulations, security requirements, repairs made by Landlord, and Articles 11 and 13 below. The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided thatthat Landlord shall give prior written notice to Tenant of any material changes to the Project or the Common Areas which relate to the Premises or adversely impact Tenant's use thereof, and in connection therewithno event shall such closure, alterations, additions, or change of location materially and adversely affect Tenant’s use of the Premises for the Permitted Use or cause a reduction in the size of the Premises or cause a change to the layout of the Premises. In the event of such closure, alterations, additions, or change of location, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to operations in the Premises.

Appears in 1 contract

Samples: Office Lease (Palisade Bio, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (provided Tenant’s use or occupancy of the Premises is not adversely materially impacted thereby) and the use thereof shall be subject to the Rules and Regulations Regulations” set forth on Exhibit D, attached hereto, provided that Landlord shall at all times maintain and operate the Common Areas in a first-class manner consistent with the “Comparable Buildings,” as Landlord may make from time to timesuch term is defined in Section 2.2.2 of this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term” and any “Option Term,” as those terms are defined in Section 2.1 and Section 2.2.1 respectively, below.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease5, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform that such closures, alterations, additions or changes in a commercially reasonable manner andshall not unreasonably interfere with Tenant’s use of such Common Areas and provided, further, that in connection therewith, therewith Landlord shall use commercially reasonable efforts to minimize any material interference with Tenant’s Txxxxx's use of and access to the PremisesPremises and parking areas. Landlord has constructed an amenities center in the Project for use by the tenants of the Project, Landlord shall operate and maintain such amenities center (which amenities center shall include a café and a fitness facility) throughout the Lease Term. If despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project), or a replacement fitness facility for use by Tenant's employees in reasonable proximity to the Project.

Appears in 1 contract

Samples: Lease Agreement (Five Prime Therapeutics Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith. Notwithstanding anything above to the contrary, Landlord shall perform such closures, alterations, additions or changes maintain and operate the Project in a commercially reasonable manner andmaterially consistent with that of other first-class, mid-rise office buildings in connection therewiththe suburban Long Beach Airport submarket, shall use commercially reasonable efforts to minimize any material interference with California, which are comparable in terms of size, age, quality of construction, appearance, and quality of common area improvements (the “Comparable Buildings”). Except when and where Tenant’s use right of and access is specifically excluded as the result of (i) an emergency, (ii) a requirement by applicable laws, or (iii) a specific provision set forth in this Lease, Tenant shall have the right of access to the Premises, the Building, the Common Areas and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1 of this Lease, provided that Tenant’s access to the same shall be subject to Landlord’s reasonable security and/or access rules and regulations (if any) enforced at the Project, specifically including, but not limited to, any reasonable rules restricting or prohibiting access to certain portions of the Common Areas and/or the Project parking facility during times other than the normal business hours for the Project.

Appears in 1 contract

Samples: Office Lease (Obagi Medical Products, Inc.)

Common Areas. Tenant shall have the non-exclusive nonexclusive right to use ------------ in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist Subject to the terms of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, the Landlord shall mean maintain the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to Common Areas in a recorded declaration first-class manner and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” General Maintenance Plan attached hereto as used in this LeaseExhibit E, shall mean but the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The exact manner --------- in which the tenants Common Areas are maintained and operated shall be at determined by the reasonable discretion of Landlord Landlord, and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to timetime pursuant to Article 5 below. If Tenant believes that Landlord is not --------- maintaining the Common Areas in a first-class manner, Tenant shall notify Landlord in writing if oral requests are not responded to in a timely manner. If Landlord fails, on three (3) occasions within any two (2) year period in its maintenance obligations, Tenant may require Landlord to employ a third party property manager to supervise maintenance of the Common Areas. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, Areas provided that, that changes to the Common Areas do not interfere in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference way with Tenant’s 's access to and use of and the Premises. Landlord specifically agrees that access to the Premisesparking portions of the Common Areas shall be controlled by gates activated by a card system or other system appropriate to ensure that, as much as possible, use of the parking area is restricted to persons employed by or having business with tenants in the Project. CREEKSIDE PLAZA iv TriNet Employer Group, Inc. Tenant, and Landlord agree to share equally the cost of security personnel for the Common Areas from 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. The need to use such security personnel may be reviewed on the annual anniversary date of this Lease if requested by either party.

Appears in 1 contract

Samples: Office Lease (Trinet Group Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, including Tenant, or to be shared by Landlord and certain tenants, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are shall be maintained and operated shall be at in a first- class manner as determined in the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2 below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises. Tenant acknowledges that Landlord is in the process of renovating the Common Areas. As of the date of this Lease, Landlord has completed all of the outdoor amenity renovations and the health fitness facility.

Appears in 1 contract

Samples: Lease (Organovo Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the ProjectProject (if any), and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project that are outside of the Building and which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, tenants are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with the terms of Article 5 of this Lease, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises or Tenant’s parking rights. In addition, provided Tenant leases one hundred percent (100%) of the Building, Tenant shall have the exclusive right to use the outdoor patio area adjacent to and serving the Building (the “Patio Area”), and, Tenant may use such Patio Area for special events, outdoor dining and outdoor seating. Tenant’s use of the Patio Area shall be subject to (i) such rules and regulations as Landlord may promulgate from time to time (subject to the restrictions set forth in Section 5.2 of this Lease)and (ii) all Applicable Laws. Tenant shall be responsible, at Tenant’s sole cost and expense, to keep the Patio Area in a clean and neat condition acceptable to Landlord, including, without limitation, keeping the Patio Area free from paper litter, dishes and utensils and promptly cleaning up food and beverage spills. Tenant’s insurance and indemnity obligations under this Lease shall also pertain to the Patio Area as if the Patio Area were a part of the Premises.

Appears in 1 contract

Samples: Office Lease (Audience Inc)

Common Areas. Tenant The term “Common Area(s)” as used in this Lease shall have the non-exclusive right to use mean all areas and facilities in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, provided and designated from time to time, time by Landlord for the general use in common by Landlord, and convenience of Tenant and any other tenants of the Project (such and their respective employees and invitees. Common Areas include, without limitation, the lobby areas, together with such walkways, parking facilities, landscaped areas, sidewalks, corridors, washrooms (if not part of the Premises), stairways, elevators, exterior walls at the window lines, common telephone and electrical closets, loading docks, plazas, service areas, and all other portions areas of the Project designated intended for common use. [Floors wholly occupied by Landlord, Tenant or any other tenant shall not have any facilities which shall be used in its discretion, including certain areas designated for the exclusive use of certain common with other tenants, or to be shared by Landlord except for elevators, fire stairs, shafts, utility and certain tenantsservice closets, are collectively referred to herein as the “Common Areas”). The Common Areas and similar installations.] Tenant, its employees and invitees shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to have a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the nonexclusive right to close temporarily, make alterations or additions to, or change the location of elements of the Project and use the Common Areas, subject to Landlord’s rights and duties as set forth in this Lease. So long as Tenant’s access to the Premises or ability to conduct business therefrom is not materially impaired and provided thatthat Landlord uses reasonable effort (including performing such work after normal business hours, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts if reasonably required) to minimize any material interference with Tenant’s use of and access of the Premises during normal business hours, Landlord shall have the right to do the following without Tenant’s consent and without liability to Tenant: 1.2.1 Establish and enforce in a nondiscriminatory, consistently applied manner, reasonable rules and regulations concerning the maintenance, management, use and operation of the Common Areas; 1.2.2 Temporarily close any Common Area for maintenance, repair, alterations or improvements; 1.2.3 Select, appoint and/or contract with any person or entity for the purpose of operating and maintaining the Common Areas; and 1.2.4 Change the size, use, shape or nature of the Common Area provided that doing so does not materially affect the existing ingress and egress to the PremisesBuilding, or change the character of the Building to less than a first class office building.

Appears in 1 contract

Samples: Lease (Ritter Pharmaceuticals Inc)

Common Areas. 42.1 As used in this Lease, "Common Areas" shall mean all areas within the Project which are available for the common use of tenants of the Project and which are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, corridors, landscaping and planted areas. Landlord may from time to time change the size, location, nature and use of any of the Common Areas, including converting Common Areas into leasable areas, constructing additional parking facilities (including parking structures) in the Common Areas, and increasing or decreasing Common Area land and/or facilities. Tenant acknowledges that such activities may result in occasional inconvenience to Tenant from time to time. Such activities and changes shall be expressly permitted if they do not materially affect Tenant's use of the Property. 42.2 Tenant shall have the non-exclusive right to use (in common with other tenants in and all others to whom Landlord has granted or may grant such rights) to use the ProjectCommon Areas for the purposes intended, and subject to the Rules such reasonable rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, regulations as Landlord may establish from time to time, for . Tenant shall abide by such rules and regulations and shall use in common its best efforts to cause others who use the Common Areas with Tenant's expressed or implied permission to abide by Landlord's rules and regulations. At any time, Landlord may close any Common Areas to perform any acts in and to the Common Areas as, in Landlord's judgment, may be desirable to improve the Project. Tenant and shall not, at any time, interfere with the rights of Landlord, other tenants, or any other tenants person entitled to use the Common Areas. 42.3 Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project, in Landlord's sole discretion, as a first class commercial real property development. All costs incurred by Landlord for the operation and maintenance of the Project (such areas, together with such other portions of Common Areas in the Project designated shall be allocated by Landlord, in its discretion, including certain areas designated for among the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as buildings within the “Common Areas”)Project. The Common Area costs allocated to the Building shall be included in the Total Operating Expenses, pursuant to Paragraph 3.9(m). Common Area costs include, but are not limited to, costs and expenses for the following: gardening and landscaping; utilities, water and sewage charges; maintenance of signs (other than Tenants' signs), premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas shall consist and worker's compensation insurance; all real property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line appreciation on personal property owned by Landlord which is consumed in the operation or maintenance of the “Project Common Areas” and ; rental or lease payments paid by Landlord for rented or leased personal property used in the “Building operation or maintenance of the Common Areas.” The term “Project Common Areas,” as used in this Lease; fees for required licenses and permits; repairing, shall mean the portion of the Project designated as such by resurfacing, repaving, maintenance, painting, lighting, cleaning, refuse removal, security and similar items; reserves for roof replacement and exterior painting and other appropriate reserves; and reasonable allowance to Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions for Landlord's supervision of the Common Areas located within (not to exceed five percent (5%) of the Building reasonably designated as total of all other Common Area costs for the year). Landlord may cause any or all of such services to be provided by Landlordthird parties. The manner in Common Area costs shall not include depreciation of real property which forms part of the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to timeArea. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Landlord's Initials /s/ [Illegible] Tenant’s use of and access to the Premises.'s Initials /s/ [Illegible]

Appears in 1 contract

Samples: Office Lease (International Integration Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but at all times in a manner consistent with a first class office project) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, in connection therewith, Landlord that no such changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially reduce Tenant’s use rights or access hereunder. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Volcano Corp)

Common Areas. Tenant shall have the non-exclusive right to use ------------ in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"COMMON AREAS"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term “Project Common Areas"PROJECT COMMON AREAS," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas"BUILDING COMMON AREAS," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate same in a manner consistent with that of other first-class, high-rise office buildings in the Century City, California area (the "COMPARABLE BUILDINGS") and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Office Lease (Franchise Mortgage Acceptance Co)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to construct and operate an amenities center in the Project for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term (provided that Tenant acknowledges that the amenities center is currently anticipated to begin operations after the Lease Commencement Date); provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 1 contract

Samples: Lease (Tenaya Therapeutics, Inc.)

Common Areas. 42.1 As used in this Lease, "Common Areas" shall mean all areas within the Project which are available for the common use of tenants of the Project and which are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, corridors, landscaping and planted areas. Landlord may from time to time change the size, location, nature and use of any of the Common Areas, including converting Common Areas into leasable areas, constructing additional parking facilities (including parking structures) in the Common Areas, and increasing or decreasing Common Area land and/or facilities. Tenant acknowledges that such activities may result in occasional inconvenience to Tenant from time to time. Such activities and changes shall be expressly permitted if they do not materially affect Tenant's use of the Property. 42.2 Tenant shall have the non-exclusive right to use (in common with other tenants in and all others to whom the ProjectLandlord has granted or may grant such rights) to use the Common Areas for the purposes intended, and subject to the Rules such reasonable rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, regulations as Landlord may establish from time to time, for . Tenant shall abide by such rules and regulations and shall use in common its best efforts to cause others who use the Common Areas with Tenant's expressed or implied permission to abide by Landlord's rules and regulations. At any time, Landlord may close any Common Areas to perform any acts in and to the Common Areas as, in Landlord's judgement, may be desirable to improve the Project. Tenant and shall not, at any time, interfere with the rights of Landlord, other tenants, or any other tenants person entitled to use the Common Areas. 42.3 Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project, in Landlord's sole discretion, as a first class commercial real property development. All costs incurred by Landlord for the operation and maintenance of the Project (such areas, together with such other portions of Common Areas in the Project designated shall be allocated by Landlord, in its discretion, including certain areas designated for among the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as buildings within the “Common Areas”)Project. The Common Area costs allocated to the Building shall be included in the Total Operating Expenses, pursuant to Paragraph 3.9(m). Common Area cost include, but are not limited to, costs and expenses for the following: gardening and landscaping; utilities, water and sewage charges; maintenance of signs (other than Tenants' signs), premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas shall consist and worker's compensation insurance; all real property taxes and assessment levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed in the operation or maintenance of the “Project (Common Areas” and ; rental or lease payments paid by Landlord for rented or leased personal property used in the “Building operation or maintenance of the Common Areas.” The term “Project Common Areas,” as used in this Lease; fees for required licenses 56 and permits; repairing, shall mean the portion of the Project designated as such by resurfacing, repaving, maintenance, painting, lighting, cleaning, refuse removal, security and similar items; reserves for roof replacement and exterior painting and other appropriate reserves; and a reasonable allowance to Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions for Landlord's supervision of the Common Areas located within (not to exceed five percent (5 %) of the Building reasonably designated as total of all other Common Area costs for the year). Landlord may cause any or all of such services to be provided by Landlordthird parties. The manner in Common Area costs shall not include depreciation of real property which forms part of the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the PremisesArea.

Appears in 1 contract

Samples: Lease Agreement (Avesis Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord (but shall at least be consistent with the manner in which the common areas of the “Comparable Buildings,” as that term is defined below, are maintained) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Subject to Section 6.7, below, Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, that in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference not interfere with Tenant’s use of or access to the Premises or Tenant’s parking rights. Notwithstanding anything above to the contrary, Landlord shall maintain and operate the Project in a manner materially consistent with that of other comparable, low-rise, first-class office buildings located west of Lincoln Boulevard in Santa Monica, California, which are comparable in terms of size, age, quality of construction, appearance, and quality of common area improvements (the “Comparable Buildings”). Except when and where Tenant’s right of access is specifically excluded as the result of (i) an emergency, (ii) a requirement by Applicable Laws, or (iii) a specific provision set forth in this Lease, Landlord shall provide and Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1 of this Lease.

Appears in 1 contract

Samples: Office Lease (TrueCar, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Leaseprovisions contained herein, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project so designated by Landlord, in its sole discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"COMMON AREAS"). The Common Areas shall consist of common areas may include a park or other facilities open to the “Project Common Areas” general public and the “Building Common Areas.” The term “Project Common Areas,” as used in this Leasesidewalks, shall mean the portion of the Project designated as such by Landlord or walkways, parkways, driveways and landscape areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within and appurtenant to the Building reasonably designated as such by LandlordProject. The manner in which the Common Areas common areas are maintained and operated operated, and all services in connection therewith, shall be at the reasonable sole discretion of Landlord and the use thereof shall be Landlord. The common areas are subject to the Rules and Regulations as Landlord may make from time to timechanges by Landlord. Landlord reserves the right from time to time without notice to Tenant (i) to close temporarilytemporarily any of the common areas; (ii) to make changes to the common areas, including without limitation, changes in the location, size, shape and number of street entrances, driveways, passageways, stairways, direction of traffic, landscaped areas, loading and unloading areas, and walkways; (iii) to add additional buildings and improvements to the common areas; (iv) to reasonably designate land outside the Project but contiguous to the Project to be part of the Project, and in connection with the improvement of such land to add additional buildings and common areas to the Project; (v) to delete from the Project any of the land and/or improvements currently located therein; (vi) to use the common areas while engaged in making additional improvements, repairs or alterations to the Project; and (vii) to do and perform such other acts and make alterations such changes in, to or additions towith respect to the Project and/or common areas as Landlord may deem to be appropriate; provided, however, that Landlord shall not exercise any rights under this paragraph, if such exercise would substantially unreasonably interfere with Tenant's use of, operations on, or change access to the location of elements of Premises or materially increase Tenant's financial obligations under this Lease beyond that which is customary for similar properties as the Project and in the Common Areas, provided that, in connection therewith, Sorrento Valley area. Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable its best efforts to minimize any material interference with disruption to Tenant’s use . Furthermore, the inclusion of and access any item under PARAGRAPH 6.1 as a possible cost as a Common Area Operating Expense shall not create an obligation of Landlord to conduct any such maintenance, repair, or replacement, unless Landlord expressly has such obligation otherwise under this Lease. As part of Landlord's improvements to the Premisesexterior of the Project, Landlord will construct, at its sole expense, a sidewalk from the exterior of the Building to the interior courtyard entryway, resurface the parking areas, and improve the landscaping.

Appears in 1 contract

Samples: Building Lease (Alexion Pharmaceuticals Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime as provided in Section 5.2 of this Lease, provided that Landlord shall at all times maintain and operate the Common Areas in a first-class manner consistent with the "Comparable Buildings," as such term is defined in Section 2.2.2 of this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common AreasAreas as long as such changes do not (i) change the nature of the Project to something other than a first-class project (ii) materially, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with adversely effect Tenant’s 's use of the Premises for the Permitted Use, as granted under Section 7 of the Summary, (iii) materially, adversely reduce Tenant's ingress to or egress from the Project, Building, the Premises or the parking areas servicing the same, or (iv) materially reduce the parking area available for use by Tenant. Except when and where Tenant's right of access is specifically excluded as a result of (x) an emergency, (y) a requirement by law, or (z) a specific provision set forth in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Farville Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”"COMMON AREAS"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term “Project Common Areas"PROJECT COMMON AREAS," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas"BUILDING COMMON AREAS," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, ; provided that, that in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of of, and access to, the Premises. Subject to Landlord's reasonable rules and regulations, Tenant shall have access to the Premises, twenty-four (24) hours a day, three hundred sixty-five (365) days a year.

Appears in 1 contract

Samples: Office Lease (Schuler Homes Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The Common Areas shall be maintained and operated in a manner consistent with the “Comparable Buildings” as that term is set forth in which Section 4 of Exhibit G, attached to this Lease. Notwithstanding anything set forth herein to the contrary, the use of the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules express provisions of this Lease and Regulations such rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not (a) unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use granted under Section 5.1, below or (b) materially increase the cost of Tenant’s occupancy of the Premises through a material increase in Additional Rent. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant’s rights or access hereunder, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference otherwise materially interferes with Tenant’s ability to use the Premises for the Permitted Use. Except when and where Tenant’s right of and access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Bridgepoint Education Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project such as entrances, lobbies, fire vestibules, restrooms, mechanical areas, ground floor corridors, elevators and elevator foyers, electrical and janitorial closets, telephone and equipment rooms, loading and unloading areas, the Project’s plaza areas, if any, ramps, drives, stairs and similar access ways and service ways and other common areas and facilities in and adjacent to the Building and the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord (provided that Landlord shall maintain the Common Areas in a manner consistent with landlords of First Class Life Sciences Projects) and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to time, not to be discriminatorily applied vis-à-vis Tenant. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the PremisesPremises and parking areas.

Appears in 1 contract

Samples: Lease (Audentes Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the same in a manner consistent with that of other first-class, office "flex" buildings in the vicinity of the Project, which buildings have a rental area of greater than 50,000 rentable square feet, and are comparable in quality of appearance, services and amenities to the Building (the "Comparable Buildings"), and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Multi Tenant Office Triple Net Lease (Aehr Test Systems)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its commercially reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of 692500.09/WLA371593-00023/6-13-12/ao/ao -7- KEY CENTER[Xxxxxx Realty, L.P.][Concur Technologies, Inc.] those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. Landlord The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord, provided that Landlord shall maintain and operate the Project in a manner materially consistent with that of the “Comparable Buildings” (as that term is defined in Section 4 of Exhibit H), and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Concur Technologies Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, including Tenant, or to be shared by Landlord and certain tenants, including Tenant, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” ”. The term “Project Common Areas,” ”, as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term “Building Common Areas,” ”, as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are shall be maintained and operated shall be in a first- class manner as determined at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such reasonable rules, regulations and Regulations restrictions as Landlord may make from time to timetime in accordance with Section 5.2, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.. Tenant acknowledges that Landlord is in the process of renovating the Common Areas. As of the date of this Lease, Landlord has completed all of the outdoor amenity renovations and the health fitness facility. 176640186.8 373606-000050

Appears in 1 contract

Samples: Lease (Organovo Holdings, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, time for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas.” " (as both of those terms are defined below). The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declarationLandlord. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but at all times in a manner reasonably consistent with the "Comparable Buildings" (as that term is defined in Section 2.2.2 below)) and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Article 5, below. Landlord reserves the right to close temporarily, make alterations or additions to, to or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder. Except when and where Tenant's right of access is specifically excluded in this Lease, provided that, in connection therewith, Landlord Tenant shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use have the right of and access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.

Appears in 1 contract

Samples: Office Lease (Affymetrix Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the Permitted Use. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant's rights or access hereunder, and further provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the Premises. Except when and where Tenant's right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the Lease Term.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Halozyme Therapeutics, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to timetime as provided in Section 5.2 of this Lease, provided that Landlord shall at all times maintain and operate the Common Areas in a first-class manner consistent with the “Comparable Buildings,” as such term is defined in Section 2.2.2 of this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common AreasAreas as long as such changes do not (i) change the nature of the Project to something other than a first-class project (ii) materially, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with adversely effect Tenant’s use of the Premises for the Permitted Use, as granted under Section 7 of the Summary, (iii) materially, adversely reduce Tenant’s ingress to or egress from the Project, Building, the Premises or the parking areas servicing the same, or (iv) materially reduce the parking area available for use by Tenant. Except when and where Tenant’s right of access is specifically excluded as a result of (x) an emergency, (y) a requirement by law, or (z) a specific provision set forth in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below and any “Option Term,” as that term is defined in Section 2.2, below.

Appears in 1 contract

Samples: Office Lease (Favrille Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable sole discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to timetime upon at least thirty (30) days prior written notice to Tenant and provided such Rules and Regulations do not adversely affect any substantive right of Tenant hereunder. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.

Appears in 1 contract

Samples: Lease Agreement (Braeburn Pharmaceuticals, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its reasonable discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Landlord, which Project that the occupants of the Building are permitted Common Areas may include, from time to utilize pursuant to time, in Landlord’s sole discretion, a recorded declaration conference center and which areas shall be maintained in accordance with the declarationother amenities. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord (but shall at least be consistent with the manner in which the common areas of “Comparable Buildings,” as that term is defined in Section 2.2.2 of this Lease, are maintained and operated), and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may make from time to time, provided that, except as required by “Applicable Laws”, as that term is defined in Article 24 of this Lease, Tenant shall only be required to abide by and observe such rules, regulations and restrictions to the extent the same do not (a) unreasonably interfere with or prevent Tenant from using the Premises for the Permitted Use, or (b) materially diminish the rights or materially increase the obligations of Tenant under this Lease. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord that no changes shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with be permitted which materially diminish Tenant’s use rights or access to the Premises under this Lease, or materially interfere with or prevent Tenant from using the Premises for the Permitted Use. Except when and where Tenant’s right of access is specifically excluded in this Lease, and except in the event of an emergency, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term”, as that term is defined in Section 2.1 below.

Appears in 1 contract

Samples: Office Lease (Trulia, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease5, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform that such closures, alterations, additions or changes in a commercially reasonable manner andshall not unreasonably interfere with Tenant’s use of such Common Areas and provided, further, that in connection therewith, therewith Landlord shall use commercially reasonable efforts to minimize any material interference with Tenant’s 's use of and access to the PremisesPremises and parking areas. Landlord has constructed an amenities center in the Project for use by the tenants of the Project, Landlord shall operate and maintain such amenities center (which amenities center shall include a café and a fitness facility) throughout the Lease Term. If despite such commercially reasonable efforts Landlord is unable for any reason ./ -/// -6- [The Cove at Oyster Point] [Five Prime Therapeutics, Inc.] to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project), or a replacement fitness facility for use by Tenant's employees in reasonable proximity to the Project.

Appears in 1 contract

Samples: Sublease (Sutro Biopharma, Inc.)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants and occupants in the ProjectProject (which term “other tenants” shall, as used in this Lease, include without limitation the Hotel Operator), and subject to the Rules and Regulations referred to (as that term is defined in Article 5 of this Lease), those portions of the Project which are provided, and that are made available from time to timetime by Landlord and its successors, for use in common by LandlordLandlord and its successors, Tenant and any other tenants and occupants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlordthat exclusively serve the tenants of the Office Component and includes the Office Lobby and Office Elevators. The term “Project Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Project and outside of the Building. The Building Common Areas and Project Common Areas shall be constructed in accordance with the Base Building Plans (as that term is defined in Section 1.1 of the Tenant Work Letter), and, from and after the Completion Date, the manner in which the such Common Areas are maintained and operated shall be at consistent with the reasonable discretion of Landlord common areas under the Class A Standard and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time Regulations. Subject to time. the terms of this Section 1.1.4, Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas. Except as and to the limited extent specifically permitted under this Lease or required by Applicable Laws, provided thatLandlord may not (i) materially and adversely affect Tenant’s right to use or access the Premises for the Standard Permitted Use or otherwise preclude Tenant from using the Premises for the Standard Permitted Use, (ii) materially and adversely affect Tenant’s ability to access or use the Parking Garage in accordance with Tenant’s rights set forth in this Lease, or Tenant’s ability to access or use the Critical Common Areas (as that term is defined in Section 1.1.4.1 below) or the Parking Garage, or (iii) materially impair or eliminate the visibility of Tenant’s Signage (as defined in Section 23.4 below), in connection therewitheach instance, other than temporary impacts caused by repairs, maintenance or replacements necessary to keep the Project in a condition consistent with the Class A Standard; and moreover, in exercising any rights under this Lease, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with adverse effect upon Tenant’s ability to use of the Premises for the Standard Permitted Use and access the Critical Common Areas in a commercially reasonable manner (collectively, “Landlord’s Obligations to the PremisesMinimize Tenant Interference”).

Appears in 1 contract

Samples: Office Lease (F5 Networks Inc)

Common Areas. Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules rules and Regulations regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project Project, which shall include the shipping and receiving area in the Building (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the "Common Areas"). The Common Areas Landlord shall consist of maintain and operate the “Project Common Areas, including all sprinkler and other systems serving the “Building Common Areas.” The term “Project Common Areas,” as used , in this Leasea first class manner, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules such rules, regulations and Regulations restrictions as Landlord may reasonably make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, that in connection therewith, therewith Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall will use commercially reasonable efforts to minimize any material interference with Tenant’s Txxxxx's use of and access to the PremisesPremises and parking areas. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to construct and operate an amenities center in the Project for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to operate and maintain such amenities center (which amenities center shall include a café) throughout the Lease Term (provided that Tenant acknowledges that the amenities center is currently anticipated to begin operations after the Lease Commencement Date); provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts Landlord is unable for any reason to maintain continuous operation of the amenities center during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure, provided that in such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., an on-site café in a different location or the routine scheduling of food trucks to the Project).

Appears in 1 contract

Samples: Lease Agreement (Surrozen, Inc./De)

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