Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1. (i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties. (ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 3 contracts
Samples: Master Lease (Sears Holdings Corp), Master Lease (Seritage Growth Properties), Master Lease (Seritage Growth Properties)
Common Areas. (a) During Subject to Article 6 of this Lease, Landlord shall make available at all times during the Termterm of this Lease, until such automobile parking and other common areas within the occurrence exterior boundaries of the Multi-land and Building of which the Premises are a part. The term “Common Area(s)” shall mean all the portions of the Building which are not specifically leased or specifically available for lease to tenants and which have at the time in question been designated and improved for common use by or for the benefit of more than one tenant or concessionaire of the Building, including any of the following (the specific recitation of which shall not be deemed to limit the definition of “Common Area”): the land and facilities utilized as parking areas; access and perimeter roads; truck passageways (which may be in whole or in part subsurface); arcades; landscaped areas; exterior walks; stairways; stairs; directory equipment; ramps; drinking fountains; toilets and other public facilities; and bus stations and taxi stands; but excluding any portion thereof when designated by Landlord for a noncommon use, provided any portion of the Building which was not included within the Common Area shall be so included when so designated and improved for common use. All of the Common Area shall be subject to the exclusive control and management of Landlord or such other persons or nominees as Landlord may have delegated or assigned to exercise such management or control, in whole or in part, in Landlord’s place and stead. Tenant Occupancy Dateacknowledges that Landlord makes no representation or warranty whatsoever concerning the safety of the Common Area or the adequacy of any security system which is or may be instituted for the Common Area. In no event shall Tenant have the right to sell or solicit in any manner in the Common Area. As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all other Tenants of the same Persons Building the common areas and facilities included in the Building together with respect to the Recapture Space such easements for ingress and Additional Recapture Space), egress as are necessary for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use and occupancy of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesPremises.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 3 contracts
Samples: Multi Tenant Industrial Lease (Appfolio Inc), Multi Tenant Industrial Lease (Appfolio Inc), Multi Purpose Commercial Building Lease (Inogen Inc)
Common Areas. As used in this LEASE, COMMON AREAS shall mean all areas within the SHOPPING CENTER (a) During the Term, until the occurrence whether owned by LANDLORD or any other owner affiliated with LANDLORD of any portion of the Multi-Tenant Occupancy Date, Tenant shall have SHOPPING CENTER) which are not leased or held for the exclusive use of TENANT or other tenants, including, but not limited to, all parking areas, driveways, sidewalks, loading areas (except any loading area for the exclusive use of TENANT or any other tenants in the SHOPPING CENTER), access roads, storm drains, curbs, parking area lighting, directional signs, landscaping and possession planted areas as depicted on Exhibit “B” or existing, or to be in existence, in or about the SHOPPING CENTER during the TERM hereof. The SHOPPING CENTER shall be operated as a single, contiguous shopping center (i.e., no fences, landscaping or other barriers which separate any portion of all Common Areas (subject the SHOPPING CENTER from the remaining portion thereof) and LANDLORD shall not change, or permit others to all applicable provisions temporarily or permanently change, the size, location, nature and use of any of the COMMON AREAS, including the quantity, location, sizing or proximity to the PREMISES of vehicle parking spaces, or convert COMMON AREAS into leasable areas, or increase or decrease COMMON AREA land. If any portion of the SHOPPING CENTER is sold or otherwise conveyed to any person, or if additional areas are added to the SHOPPING CENTER, LANDLORD shall cause such portion(s) so sold, and such portions of such areas so added as are not leased or otherwise occupied exclusively by a tenant or other occupant, to continue to be subjected, or to be subjected, to the COMMON AREA uses required by this LEASE. To the extent the COMMON AREAS ever include areas not owned by LANDLORD, LANDLORD shall not consent to any change in any of such areas, or any use thereof, which would violate the terms of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible thereforLEASE, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(iwithout limitation) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master LeaseSection, but rather LANDLORD shall use its best efforts to enforce all Encumbranceslegal rights which LANDLORD may have to avoid any such violation. Notwithstanding the foregoing, LANDLORD may make such modifications to the COMMON AREA of the SHOPPING CENTER as may be required to comply with applicable laws and ordinances, but in doing so LANDLORD shall use all applicable Legal Requirements reasonable efforts to avoid any adverse effect on the visibility of, access to, or use of the PREMISES by TENANT and Insurance Requirementsits invitees. TenantLANDLORD represents and warrants to TENANT that there are no agreements or other arrangements made with neighboring property owners, other tenants of the SHOPPING CENTER, or other parties, that affect the PREMISES, the COMMON AREAS or the SHOPPING CENTER, or portions thereof or conflict with TENANT’s rights or LANDLORD’s obligations hereunder, including but not limited to: the use of vehicle parking spaces, the maintenance of asphalt, concrete, landscaping or other areas without structures, future development, utility services, security, vehicular or pedestrian access or egress, signage, drainage, advertising or TENANT’s use of the Common Areas PREMISES, the COMMON AREAS or the SHOPPING CENTER. LANDLORD shall be subject to all rules operate the SHOPPING CENTER as an integrated retail center and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time shall adopt and from time to time), and the enforce reasonable, nondiscriminatory non-discriminatory rules and regulations promulgated by Landlord in its discretion from time to timegoverning the use of the COMMON AREA of the SHOPPING CENTER, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesparking areas.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 3 contracts
Samples: Standard Multi Tenant Lease (99 Cents Only Stores), Standard Multi Tenant Lease (99 Cents Only Stores), Lease Agreement (99 Cents Only Stores)
Common Areas. (a) During As used in this LEASE, the Termterm “common areas” means, until without limitation, the occurrence hallways, entryways, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time by LANDLORD for the general nonexclusive use and convenience of TENANT with LANDLORD and other tenants of the Multi-Tenant Occupancy Dateproject and their respective employees, Tenant shall have invitees, licensees, or other visitors. LANDLORD grants TENANT, its employees, invitees, suppliers, contractors and customers a nonexclusive license for the exclusive use and possession of all Common Areas (subject to all applicable provisions term of this Master LeaseLEASE to use the common areas, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant as they exist from time to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlordtime, in its reasonable discretioncommon with others entitled to use the common areas, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s LEASE and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all such rules and regulations set forth in the as may be applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and thereto from time to time). Without advance notice to TENANT, except with respect to matters covered by subsection (a) below, and the reasonablewithout any liability to TENANT in any respect, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies provided LANDLORD will take no action permitted under this Master LeaseArticle 10 in such a manner as to prevent TENANT’s access to the Leased Premises, in LANDLORD will have the right to:
(a) Close off any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under common areas to whatever extent required in the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, opinion of LANDLORD and its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees counsel to prevent a dedication of any of the foregoing parties.common areas or the accrual of any rights by any person or the public to the common areas;
(iib) Subject to Temporarily close any of the provisions common areas for maintenance, alteration, or improvement purposes; and
(c) Change the size, use, shape, or nature of any applicable Encumbrancessuch common areas, Legal Requirements and Insurance Requirements and including erecting additional buildings on the terms and conditions set forth in this Section 10.2(a)(ii)common areas, subsequent expanding the existing building or other buildings to cover a portion of the Multi-Tenant Occupancy Date with respect common areas, converting common areas to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions portion of the Common Areas for outdoor eventsbuilding or other buildings, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or converting any portion of the Property building (excluding the Leased Premises) or other than buildings to common areas. Upon erection of any additional buildings or change in common areas, the Demised Premises portion of the Project upon which buildings or structures have been erected will no longer be deemed to be a part of the common areas.
(“Third Party Tenant”)d) 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 the common areas. Landlord Any such storage shall be permitted only by the prior written consent of LANDLORD 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 right, without notice, in addition to grant Promotional Rights such other rights and remedies that it may have, to any Third Party Tenantremove the property and charge the cost to TENANT, provided, that, no such Promotional Rights which cost shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsimmediately payable upon demand by LANDLORD.
Appears in 3 contracts
Samples: Standard Business Park Lease (Sonendo, Inc.), Standard Business Park Lease (GLAUKOS Corp), Standard Business Park Lease (GLAUKOS Corp)
Common Areas. As used in this Lease, the term “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12
(a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights materially impair or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to adversely affect Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right substantial benefit and license to use the Common Areas in common with Landlord, and their respective Related Users (including all enjoyment of the same Persons with respect to Premises, Landlord will have the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use right to:
(a) Close off any of the Common Areas shall be subject to all rules and regulations set forth whatever extent required in the applicable Encumbrances (including, without limitation, any rights reasonable opinion of Landlord to prevent a dedication of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment accrual of the premises demised under the Leases or any Recapture Space (or rights by any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), person or the public to the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.Areas;
(iib) Subject to the provisions of Temporarily close any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor eventsmaintenance, activitiesalteration, showsor improvement purposes; and
(c) Change the size, displaysuse, temporary special promotional eventsshape, or nature of any such Common Areas, including sales from temporary facilitieserecting additional Buildings on the Common Areas, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and expanding the Building or other charity events (including charity walks); or (B) Buildings to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants cover a portion of the Property with respect Common Areas, converting Common Areas to the manner a portion of the exercise of such Promotional Rights; providedBuilding or other Buildings, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights altering the Common Areas in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect order to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection comply with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses)ADA, and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or converting any portion of the Property Building (excluding the Premises) or other than Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise portion of the Promotional Rights in accordance with Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the foregoing provisionsCommon Areas.
Appears in 3 contracts
Samples: Office Lease (Blue Water Acquisition Corp.), Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)
Common Areas. As used in this Lease, the term “Common Areas” means, the parking areas, walkways, landscaped areas, roadways, and all other areas and facilities now or hereafter at the Building and intended for common use. Without advance notice to Tenant (except with respect to matters covered by subsection (a) During below) and without any liability to Tenant in any respect, Landlord will have the Termright to:
(a) establish and enforce reasonable rules and regulations concerning the maintenance, until the occurrence management, use and operation of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.Areas;
(ib) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to close off any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth whatever extent required in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements opinion of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in its counsel to prevent a dedication of any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about of the Common Areas or the Demised Premises which would interfere with accrual of any rights by any person or the use or public to the Common Areas, provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesDemised Premises.
(iic) Subject to the provisions of temporarily close any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor eventsmaintenance, activitiesalteration or improvement purposes, showsprovided that such closure does not substantially interfere with Tenant’s ability to conduct its business;
(d) select, displays, temporary special promotional events, including sales from temporary facilities, appoint or contract with any person for the purpose of operating and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize maintaining the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”)Common Areas, subject to Landlord’s such terms and at such rates as Landlord deems reasonable rules and regulations applicable to all tenants proper;
(e) change the size, use, shape or nature of any such Common Areas, provided such change does not deprive Tenant of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, substantial benefit and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use enjoyment of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Premises. So long as Tenant shall is not exercise any Promotional Rights in a manner (as opposed to the nature thus deprived of the usesubstantial use and benefit of the Demised Premises, Landlord will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of parking spaces or other public conveniences at the Building, without incurring any liability to Tenant or entitling Tenant to any abatement of rent and such action will not constitute an actual or constructive eviction of Tenant; and
(f) that would reasonably be expected erect one or more additional buildings on the Common Areas, expand the existing Building to have cover a material adverse impact on Landlord or any third party tenant portion of the Common Areas, convert Common Areas to whom Landlord has leased or licensed all or a portion of the Building, convert any portion of the Property other than Building (excluding the Demised Premises (“Third Party Tenant”)Premises) to Common Areas. Landlord shall have Upon erection of any additional buildings or change in Common Areas, the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise portion of the Promotional Rights property upon which buildings or structures have been erected will no longer be deemed to be a part of the Common Areas. Provided, however, that Landlord receives the requisite municipal and/or other governmental approval for the erection of said building and the providing of the corresponding parking in accordance with the foregoing provisionsrelation thereto.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, 4.12.1. Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) enjoy the Common Areas located wholly within of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the Property in such a manner as Landlordvicinity of the Site, in its and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable discretion, shall determine as being compliant with the Legal Requirements rules and Encumbrances, but subject regulations promulgated by Landlord and to the terms and conditions provisions of this Master Lease relating Lease. "Common Areas" shall mean, as they may from time to any conditionstime exist, rights those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or restrictions its designees and shall include, without limitation, the driveways, entrances and exits, parking areas, roadways, pedestrian passageways, bridges, sidewalks, walkways, roofs, loading docks, delivery areas, landscaped and streetscaped areas, and all other areas or improvements which may be provided by Landlord for the general use of Landlord’s tenants of DOWNTOWN DISNEY(R) and Landlord’s Related Users their agents, employees, and customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas located wholly within shall be maintained and expenditures in connection therewith shall be at the Property, further subject to Tenant’s obligations in Section 10.1(c)sole discretion of Landlord. Tenant shall have a nonexclusive right and license to use may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in common with Landlordits sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and their respective Related Users any other use which, in Landlord's sole judgment, tends to attract customers to, or benefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (including all and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without the same constituting or being considered an eviction or disturbance of Tenant's quiet enjoyment or possession of the same Persons with respect Premises, Landlord may from time to time close any such area for repairs or alterations, to prevent a dedication of or the Recapture Space and Additional Recapture Space)accrual of prescriptive rights therein, or for the sole purposes of access, ingress, egress, loading and unloadingany other reason permitted by Law, and parkingsuch closure shall not entitle Tenant to any abatement of Rent. Landlord shall at all times during the term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, may at any time and from time to time)time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the reasonableopinion of Landlord, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to timesole and absolute discretion, including the designation unauthorized persons are using any of specific such areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment reason of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may bepresence of Tenant in DOWNTOWN DISNEY(R), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and upon demand of Landlord’s Related Users , shall have restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to (A) remove any such unauthorized person from such areas or to utilize prohibit the use of any such areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection have been filed separately with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), Securities and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsExchange Commission.
Appears in 2 contracts
Samples: Lease Agreement (Build a Bear Workshop Inc), Lease Agreement (Build a Bear Workshop Inc)
Common Areas. (a) During the Term, until the occurrence The term “Common Area” is defined for all purposes of this Lease as that part of the Multi-Tenant Occupancy Date, Tenant shall have Project intended for the exclusive common use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefortenants, including all maintenance among other facilities, parking areas, private streets and repairs relating theretoalleys, and shall pay all CAM Expenses and all Property Document CAM Expenseslandscaping, curbs, loading areas, sidewalks, lighting facilities, drinking fountains, meeting rooms, public toilets, and the maintenance and repair obligations pursuant to Section 10.1.
like, but excluding: (i) From and after space in buildings (now or hereafter existing) designated for rental for commercial purposes, as the Multi-Tenant Occupancy Datesame may exist from time to time, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine well as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users space in the Common Areas located wholly within Building, it being acknowledged that as the PropertyPremises consists of the entire Building, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the there are no Common Areas in common with the Building; (ii) streets and alleys maintained by a public authority; and (iii) areas leased to a single-purpose user where access is restricted. In addition, although the roof of the Building is not literally part of the Common Area, it will be deemed to be so included for purposes of: (x) Landlord’s ability to prescribe rules and regulations regarding same; and (y) its inclusion for purposes of Common Area Maintenance reimbursements. 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 Project, so long as Tenant’s access to and use of the Premises and the parking facilities is not materially adversely affected thereby. Tenant, and their respective Related Users (including all of the same Persons with respect to the Recapture Space its employees and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloadingcustomers, and parking, subject when duly authorized pursuant to the provisions of this Master Lease, all Encumbrancesits subtenants, licensees and all applicable Legal Requirements and Insurance Requirements. Tenant’s concessionaires, shall have the right to use of the Common Areas shall be subject to all rules and regulations set forth in parking spaces serving the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion Building as constituted from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit such use to be done any act inin common with Landlord only (i.e., on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment no third parties will have rights to such parking spaces) and subject to rights of the premises demised under the Leases or any Recapture Space (or any adjacent shopping centergovernmental authorities, shopping mall or third-party owner’s propertyeasements, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants restrictions of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilitiesrecord, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s such reasonable rules and regulations applicable governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord’s ability to establish rules and regulations governing all tenants aspects of the Property with respect to the manner of the exercise of such Promotional Rights; providedCommon Area, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (agrees as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.follows:
Appears in 2 contracts
Samples: Sublease (Corcept Therapeutics Inc), Lease Agreement (Zuora Inc)
Common Areas. (a) During In addition to the Term, until the occurrence of the Multi-Tenant Occupancy DatePremises, Tenant shall have the exclusive use and possession of all Common Areas (subject those certain common areas designated by the Landlord from time to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and time on the Property; such areas shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrancesinclude, but subject to the terms not be limited to, parking areas, access roads and conditions of this Master Lease relating to any conditionsfacilities, rights or restrictions of Landlord’s interior corridors, sidewalks, driveways and Landlord’s Related Users in the landscaped and open areas (collectively, “Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(cAreas”). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s The use of the Common Areas shall be for the non-exclusive use of Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and all other tenants of the Property and all such other persons to whom Landlord has previously granted, or may hereinafter grant, rights of usage; provided that such nonexclusive use shall be expressly subject to all such reasonable rules and regulations set forth in which may be adopted by the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by so long as such rules and regulations do not adversely affect Tenant’s Related Users shall be parked use of the Premises and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same are uniformly enforced. Tenant shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not be entitled to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor eventsstorage of goods, activitiesvehicles, showsrefuse or any other items. Landlord reserves the right to alter, displaysmodify, temporary special promotional eventsenlarge, including sales diminish, reduce or eliminate the Common Areas from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) time to utilize the lighting standards and other areas time in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rightsits sole discretion; provided, that (x) however, it does not unreasonably and materially interfere with Tenant’s Promotional Rights shall include, use and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use occupancy of the Demised Premises (subject or access to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to from the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Premises. Landlord shall have the right to grant Promotional Rights modify Common Areas, in order to any Third Party Tenantimplement new, necessary security measures; provided, thathowever, no such Promotional Rights it does not unreasonably and materially interfere with Tenant’s use and occupancy of the Premises or access to and from the Premises. If Tenant shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenantuse any of the Common Areas for storage of any items, Tenant shall pay all fines imposed upon either Landlord or Tenant by any fire, building or other Third Party Tenant. Tenantregulatory body, and Tenant shall pay all costs incurred by Landlord to clear and Thirdclean the Common Areas and dispose of such items, including but not limited to, a disposal fee of twenty-Party Tenants shall work cooperatively five dollars ($25.00) for each pallet or other container and in good faith to coordinate the exercise of the Promotional Rights in accordance fifty dollars ($50.00) for each drum, together with the foregoing provisionsany additional costs for testing and special disposal, if required.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Truck Hero, Inc.)
Common Areas. (a) During Subject to Article 6 of this Lease, Landlord shall make available at all times during the Termterm of this Lease, until such automobile parking and other common areas within the occurrence exterior boundaries of the Multi-land and Building of which the Premises are a part. The term “Common Area(s)” shall mean all the portions of the Building which are not specifically leased or specifically available for lease to tenants and which have at the time in question been designated and improved for common use by or for the benefit of more than one tenant or concessionaire of the Building, including any of the following (the specific recitation of which shall not be deemed to limit the definition of “Common Area”): the land and facilities utilized as parking areas; access and perimeter roads; truck passageways (which may be in whole or in part subsurface); arcades; landscaped areas; exterior walks; stairways; stairs; directory equipment; ramps; drinking fountains; toilets, the exercise gym, and other public facilities; and bus stations and taxi stands; but excluding any portion thereof when designated by Landlord for a noncommon use, provided any portion of the Building which was not included within the Common Area shall be so included when so designated and improved for common use. All of the Common Area shall be subject to the exclusive control and management of Landlord or such other persons or nominees as Landlord may have delegated or assigned to exercise such management or control, in whole or in part, in Landlord’s place and stead. Tenant Occupancy Dateacknowledges that Landlord makes no representation or warranty whatsoever concerning the safety of the Common Area or the adequacy of any security system which is or may be instituted for the Common Area. In no event shall Tenant have the right to sell or solicit in any manner in the Common Area. As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all other Tenants of the same Persons Building the common areas and facilities included in the Building together with respect to the Recapture Space such easements for ingress and Additional Recapture Space), egress as are necessary for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use and occupancy of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesPremises.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 2 contracts
Samples: Multi Purpose Commercial Building Lease (Sientra, Inc.), Multi Purpose Commercial Building Lease (Sientra, Inc.)
Common Areas. (a) During the Term, until the occurrence The use and occupation by Tenant of the Multi-Tenant Occupancy DatePremises shall include the use in common with others entitled thereto of the common areas, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Leaseparking areas, Legal Requirements and Encumbrances) and shall be solely responsible thereforservice roads, including all maintenance and repairs relating theretoloading facilities, sidewalks, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant other facilities as may be designated from time to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as time by Landlord, in its reasonable discretionsubject, shall determine as being compliant with the Legal Requirements and Encumbranceshowever, but subject to the terms and conditions of this Master Lease relating agreement and to any conditions, rights or restrictions of reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further . All common areas described above shall at all times be subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right the exclusive control and license to use the Common Areas in common with management of Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right from time to (A) time to utilize portions of the Common Areas for outdoor eventsestablish, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, modify and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s enforce reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, all facilities and Tenant shall exercise Promotional Rights areas mentioned in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)this Article. Landlord shall have the right to grant Promotional Rights construct, maintain, and operate lighting facilities on all such areas and improvements; to police same; from time to time to change the area, level, location and arrangement of parking areas and other facilities hereinabove referred to; and to restrict parking by tenants, their officers, agents, and employees to employee parking areas. If Landlord ever assigns non-covered parking spaces to other tenants, Tenant will be assigned a fair number of parking spaces at no charge. The number of parking spaces assigned to Tenant will be determined by looking at the rentable area of the Premises versus the rentable area let by the other tenants. All common areas and facilities not within the Premises, which Tenant may be permitted to use and occupy, are to be used and occupied under a revocable license, and if the amount of such areas be diminished, Landlord shall not be subject to liability nor shall Tenant be entitled to any Third Party Tenantcompensation or diminution or abatement of rent, provided, that, no nor shall such Promotional Rights shall diminution of such areas be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord deemed constructive or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsactual eviction.
Appears in 2 contracts
Samples: Annual Report, Office Lease Agreement (Sonus Networks Inc)
Common Areas. (a) During Landlord hereby grants to Tenant a non-exclusive license to use, in common with all others to whom Landlord has or may hereafter grant such license, the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Leaseas hereinafter defined) located on Landlord’s Property. “Common Areas” means the parking areas, Legal Requirements and Encumbrances) and shall be solely responsible thereforroadways, including all maintenance and repairs relating theretopedestrian sidewalks, and shall pay all CAM Expenses delivery areas, landscaped areas and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (other areas or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as improvements designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including for the designation common use of specific areas within the tenants or occupants of Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users Property. Tenant shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about keep the Common Areas free and clear of litter, trash and debris resulting from or attributable to Tenant’s operation from the Demised Premises which would interfere with and shall cause its employees to park only in the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions portion of the Common Areas specifically designated by Landlord for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events parking. Parking shall not be permitted on Landlord’s Property for more than twenty-four (including charity walks); 24) consecutive hours or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject on any public or private street adjacent to Landlord’s reasonable rules and regulations applicable to all tenants Property. Tenant shall not obstruct, interfere with or impede the use of the Property Common Areas. Landlord reserves the right, with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, Common Areas and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses)Property, to (a) establish rules and regulations for the use thereof; (yb) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed temporarily close all or any portion thereof as Landlord deems necessary to prevent the dedication thereof or the accrual of any rights to any person or to the public therein; (c) increase, diminish, change or reconfigure the layout of the Property Common Areas and to rent portions thereof; (d) install, place upon or affix to the roof over the Premises and the exterior walls of the Premises, such equipment, signs, displays, antennas and other than the Demised Premises objects or structures of any kind as Landlord may desire; and (“Third Party Tenant”)e) increase, decrease, reconfigure and/or add to Landlord’s Property. Landlord shall have maintain the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights Common Areas in good condition and repair and reasonably clear of snow and debris. Nothing herein contained shall be exercisable in a manner that would reasonably construed as requiring Landlord to remove any debris, ice or snow from the sidewalks adjoining the Premises, which shall be expected to have a material adverse impact on the responsibility of Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 2 contracts
Common Areas. (a) During As used in this Lease, the Termterm Common Areas shall mean all areas and facilities within the Project that are not designated by Landlord for the exclusive use of Tenant, until the occurrence Landlord, or any other tenant of the Multi-Project, including but not limited to pedestrian sidewalks, landscaped areas, common bathrooms, lobby areas, parking areas, incinerators, interior stairs and balconies and similar areas and improvements, the truckways, roadways, loading docks, loading areas, railroad tracks, roofs, common areas and delivery yards.
(b) Landlord shall have exclusive control over the Common Areas, provided that Tenant Occupancy Dateand Tenant’s employees, Tenant agents, suppliers, shippers, customers, and invitees shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all during the term of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingthis Lease, subject to the provisions of rights reserved by Landlord under this Master Lease, all Encumbrances, Lease and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be further subject to all rules and regulations set forth in governing the applicable Encumbrances (including, without limitation, any rights use of any parties (including Landlord) to reconfigure or alter such the Common Areas, at any time and Areas from time to time)time issued by Landlord.
(c) Landlord shall have the right, without it constituting an actual or constructive eviction of Tenant, without any abatement of rent under this Lease and without notice (unless so stated below) to or the reasonableconsent of Tenant, nondiscriminatory rules and regulations promulgated by Landlord to
(i) upon five (5) days notice to Tenant, close any part of the Common Areas to the extent necessary in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and opinion to accommodate prevent the reasonable requests and requirements accrual of Landlord and Landlord’s Related Usersany prescriptive rights, provided, however, that the same access by Tenant shall not increase be unreasonably disrupted, and Landlord shall, to the maximum extent possible, avoid any disruption to Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space access that exceeds four (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.4) hours;
(ii) Subject upon five (5) days notice to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions temporarily close any part of the Common Areas to repair and maintain them or for outdoor eventsany other reasonable purpose, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, however, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) access by Tenant shall not exercise be unreasonably disrupted, and Landlord shall, to the maximum extent possible, avoid any Promotional Rights in a manner disruption to Tenant’s access that exceeds four (as opposed 4) hours;
(iii) upon five (5) days notice to Tenant, change the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion Common Areas, including without limitation changes in the location, size, shape, and number of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenantdriveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, and walkways, provided, thathowever, no such Promotional Rights that Landlord shall be exercisable in a manner that would reasonably be expected use its best efforts to have a material adverse avoid any impact on upon Tenant’s use of the Project;
(iv) upon five (5) days notice to Tenant, eliminate from or add to the Project any land or improvement provided, however, that Landlord shall use its best efforts to avoid any impact upon Tenant’s use of the Project;
(v) upon five (5) days notice to Tenant, designate additional property outside the boundaries of the Project to be a part of the Common Areas;
(vi) remove unauthorized persons from the Project;
(vii) upon five (5) days notice to Tenant, change the name or address of the Building or the Project;
(viii) upon five (5) days notice to Tenant, use or allow the use of the Common Areas while engaged in maintenance, repairs, construction, or other alterations to the Project; and
(ix) perform any other Third Party Tenant. Tenantacts and make other changes or alterations in the Common Areas and the Project as Landlord may deem reasonably appropriate, Landlord and Third-Party Tenants shall work cooperatively and in good faith upon notice to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsTenant within a reasonable time prior to taking such action or making such changes.
Appears in 2 contracts
Common Areas. (a) During All areas within the Term, until Project which are available for the occurrence common use of tenants of the Multi-Tenant Occupancy Date, Tenant shall have 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, monument signage, landscaping, planted areas, lobbies, corridors, hallways, elevator foyers, restrooms, mail rooms, mechanical and possession electrical rooms, janitorial closets, and other similar facilities used by tenants or for the benefit of all Common Areas (subject to all applicable provisions of tenants on a non-exclusive basis. Except as otherwise provided in this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) manner in which the Common Areas located wholly within are maintained and operated shall be at the Property reasonable discretion of Landlord, provided that Landlord shall maintain and operate the same in a first class manner substantially consistent with the Comparable Buildings and the use thereof shall be subject to such reasonable, non-discriminatory rules, regulations and restrictions as Landlord may make from time to time, which rules and regulations shall not be unreasonably or discriminatorily modified or enforced in a manner which shall materially interfere with the conduct of Tenant’s permitted use from the Premises or Tenant’s use of or access to the Premises or the Project or the parking areas servicing the same. So long as Landlord provides Tenant with prior written notice (provided that such notice shall not be required in the event of an emergency), Landlord, in its Landlord’s reasonable discretion, shall determine as being compliant with reserves the Legal Requirements right to close temporarily, make alterations or additions to, or change the location of elements of the Project and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within Areas, so long as such changes do not change the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all nature of the same Persons with respect Project to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. something other than a first class office building project or materially affect Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in Premises for the applicable Encumbrances (includingpermitted use, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and ingress to accommodate or egress from the reasonable requests and requirements of Landlord and Landlord’s Related UsersProject, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas Building or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or parking areas servicing the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiessame.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 2 contracts
Samples: Office Lease (Ziprecruiter, Inc.), Office Lease (Ziprecruiter, Inc.)
Common Areas. (a) During For the Termpurposes of this Agreement, until the occurrence of the Multi-Tenant Occupancy Date, Tenant terms "Common Area" or "Common Areas" shall have the exclusive use and possession of all Common Areas (subject refer to all applicable provisions land and fixtures and spaces (other than Our business and management offices) outside the Home that are owned and maintained by Us and comprise the single piece of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain real property (or cause to be operated the contiguous pieces of real property) that form the single community in which the Home is located. You understand and maintained) agree that the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be (including any amenity, swimming pool, exercise room, basketball court, parking areas, laundry facilities, roadways, and so forth) is subject to all rules any Rules and regulations Regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter by Us and that such Common Areas, Rules and Regulations may be changed at any time without notice. You understand and agree that Your payment of rent to Us only entitles You to the rental and use of the Home and Your ingress and egress to and from time the Home while You remain in legal possession of the Home; You also understand and agree that Your use of any Common Area facility (also known interchangeably as "amenity") is not included as part of the rent but instead is a privilege (not a right) granted to time)You by Us. We may revoke Your privilege to use a Common Area facility anytime if, and in Our sole discretion, You or an Authorized Occupant or Your guest (a) misused the reasonable, nondiscriminatory rules and regulations promulgated by Landlord facility in its discretion from time to time, including any way or (b) disturbed the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Leasecomfort of other people in the facility. In the event We revoke Your privilege to use a Common Area facility, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall You agree that We have the right to (Atrespass You and Your Authorized Occupant(s) to utilize portions of criminally from the Common Areas for outdoor eventsArea facility. Accordingly, activitiesYou further agree that (i) We may close or eliminate any Common Area facility at any time, shows, displays, temporary special promotional events, including sales or (ii) We may forbid You or any Authorized Occupant or guest from temporary facilitiesentering or using any Common Area facility or amenity based on Your (or their) misuse of same, and including carnivalsin either event, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may You would not be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights entitled to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord rent reduction or abatement or rescission of any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionskind whatsoever.
Appears in 1 contract
Samples: Residential Lease Agreement
Common Areas. (a) During the TermTenant, until the occurrence of the Multi-Tenant Occupancy Date, Tenant its employees and invitees shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas as constituted for general use of the occupants of the Building from time to time (except for mechanical rooms and janitorial closets), such use to be in common with Landlord, and their respective Related Users (including all other tenants of the same Persons with respect to the Recapture Space Building Complex and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading other persons and unloading, and parking, subject to the provisions of Rules and Regulations set forth in Exhibit D attached hereto and by this Master Leasereference made a part hereof, all Encumbrances, as such Rules and all applicable Legal Requirements and Insurance RequirementsRegulations may be amended from time to time provided such amendments are nondiscriminatory in nature. Tenant’s use of Subject to the Common Areas shall be subject to all rules and regulations limitations set forth in the applicable Encumbrances (includingnext sentence, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and Landlord reserves the right from time to time)time to undertake any or all of the activities described below, and provided such reservation of rights shall not: (i) materially affect Tenant's use or enjoyment of or access to the reasonablePremises, nondiscriminatory rules and regulations promulgated by the Parking Garage or Tenant's other rights under this Lease, or increase or materially decrease the amount of Rentable Area in the Premises; (ii) increase Tenant's Rent; or (iii) reduce the number of Tenant's parking privileges set forth herein. In connection therewith, Landlord in its discretion reserves the following rights: to add to, or subtract from, or change from time to time, including the designation dimensions and location of specific the Common Areas, it being understood that Landlord may, at its option, add any areas located within Landlord’s premises or the Block to the Common Areas; to create any additional improvements in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use to alter or enjoyment of the premises demised under the Leases or remove any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or improvements in the Common Areas Areas; to convert areas previously designated by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, Landlord as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions part of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales to an area leased to one or more tenants or to designate previously leased space as part of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) the Common Areas provided equitable adjustments are made to utilize the lighting standards and other areas Rentable Area in the parking lot for advertising purposes ((A) Building and (B) collectively, the “Promotional Rights”), subject Rentable Area in the Premises; to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect make alterations or additions to the manner of Building and to any other buildings or improvements within the exercise of Building Complex; to operate and/or maintain such Promotional RightsCommon Areas in conjunction with other parties; providedand to construct, that (x) Tenant’s Promotional Rights shall includeor permit others to construct, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, other buildings or improvements within the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Building Complex. Landlord shall have is not obligated to construct or provide for Tenant any improvements outside the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable Building except as expressly provided in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsthis Lease.
Appears in 1 contract
Samples: Lease Agreement (Exult Inc)
Common Areas. (a) During As used in this Lease, the Termterm "Common Areas" shall mean those ------------ portions of, until and facilities within, the occurrence Shopping Center which are intended for the common non-exclusive use of the Multi-Tenant Occupancy Dateoccupants, Tenant shall have their customers, agents and employees including, without limitation, parking areas, driveways, malls, walkways, loading zones and landscaping. Prior to the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Commencement Date, Landlord shall operate and maintain (or cause to be operated and maintained) construct the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingShopping Center substantially as shown on Exhibit A attached hereto, subject to the provisions of this Master Leasesuch modifications as are --------- desired by Landlord, all Encumbrancesprovided that Tenant's prior written approval thereof is obtained, which approval shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant, as well as its agents, employees and customers (collectively, "Customers"), shall have and are granted complete, nonexclusive --------- and undisturbed access to, and use of all applicable Legal Requirements and Insurance RequirementsCommon Areas. Tenant’s 's use of the Common Areas shall be subject to all such reasonable, non-discriminatory rules and regulations as may be promulgated and thereafter amended and supplemented by Landlord from time to time as Landlord deems necessary or advisable for proper and efficient use, operation and maintenance of the Common Areas, provided that all such rules and regulations shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed and in no event shall such rules and regulations increase the monetary obligations owing from Tenant to Landlord under this Lease. Except as may be required by Law, in no event shall there ever be a charge for use of the parking facilities within the Center. If any such charge is required by applicable Law, Landlord shall establish systems of validation to enable Tenant to provide parking without charge for its customers using such parking facilities for a reasonable period not less than three (3) hours. Landlord may from time to time establish, as a part of the rules subject to the Tenant's approval as set forth in the initial sentence of this Section, such employee parking systems (which shall be free of any charge to Tenant or its employees, unless such a charge is required by applicable Encumbrances Law, in which event such charge shall be borne by Landlord) as are not unreasonably burdensome to the operation of Tenant's business, and provide sufficient means of transportation and security for access to and use of such employee parking. Without limiting the generality of the foregoing, Tenant shall use commercially reasonable efforts to cause its employees to park within the employee parking areas designated by Landlord to the north, northeast and west of the Premises but not within the portion of the Shopping Center which is both (x) south of the Premises and (y) east of main drive aisle into the Shopping Center from Foothill Boulevard (between Pad building "A" and "C" as shown on Exhibit A). Landlord shall use reasonable ---------- efforts to prevent use of the Common Areas by other than Shopping Center occupants and their Customers. Landlord shall cause the Common Areas to be maintained and operated in a first-class, professional manner and condition as is customary and appropriate for the operation of first-class retail centers comparable to the Shopping Center in the vicinity of the Shopping Center. So long as access, parking and other essential services are reasonably available so as to avoid any adverse affect upon the operation of Tenant's business from the Premises, Landlord may at any time (i) close any of the Common Areas to make repairs or changes or to such extent as may, in Landlord's reasonable opinion, be necessary to prevent dedication thereof or the accrual of rights to any person or to the public therein, (ii) close temporarily any or all of the Common Areas to discourage non-customer parking, and (iii) perform such other acts in and to the Common Areas as, in Landlord's good business judgment, are advisable to improve the use thereof by occupants and tenants, their employees and invitees, so long as the same is effected in a manner to minimize interference with the operation of business of the occupants of the Shopping Center including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Tenant. Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about maintain the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users well lighted during Tenant's normal business hours and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesuntil 11:00 P.M. every day.
(iic) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii9(c), subsequent Landlord may from ------------ time to time add land to or eliminate land from the Multi-Tenant Occupancy Date with respect Shopping Center, or eliminate or add any improvements, or change or consent to a Demised Premiseschange in the shape, Tenantsize, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions location, number, height or extent of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) improvements to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than Shopping Center; provided, however, that Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, shall be required for any such change which would have an adverse affect upon Tenant's use or occupancy of or operation from the Demised Premises, parking areas serving the Premises, or pedestrian or vehicular access to the Premises (“Third Party Tenant”)from the Common Areas and/or public rights-of-way adjacent thereto. Landlord shall have not change the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord dimensions or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise location of the Promotional Rights in accordance with the foregoing provisionsPremises.
Appears in 1 contract
Samples: Lease (Sport Chalet Inc)
Common Areas. (a) During the Term, until the occurrence 16.1 Landlord shall make available within and outside of the Multi-Tenant Occupancy DateBuilding such Common Areas as are described in Exhibit B. Common Areas means, Tenant but is not limited to, any parking areas, driveways, service courts, access and egress roads, sidewalks, opened and enclosed courts, landscaped and planted areas, fire corridors, meeting areas and public restrooms. Landlord shall operate, manage, equip, light, repair and maintain the Common Areas for their intended purposes in such manner as Landlord shall in its sole discretion, from time to time, determine, and may, from time to time, change the size, location, elevation, nature and/or use of any buildings, structures, booths therein or thereon and move or remove the same, or to construct additional structures within the Common Areas.
16.2 Tenant, its officers, (if any), employees, customers and invitees shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses right in common with Landlord and all Property Document CAM Expensesothers to whom Landlord has or may hereafter grant rights, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingAreas, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all such rules and regulations set forth in the applicable Encumbrances (includingas Landlord may impose, without limitation, any rights of any parties (including Landlord) from time to reconfigure or alter such Common Areastime. Landlord may, at any time and from time to time), close any Common Area to make repairs or changes or to prevent the acquisition of public rights in such area or to discourage unauthorized parking.
16.3 Tenant agrees to pay to Landlord its proportionate share of all costs and expenses (the reasonable, nondiscriminatory rules and regulations promulgated "CAM Charge") incurred by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about each Lease Year for (i) the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping centerAreas, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions roofs of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilitiesBuilding, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (Biii) to utilize the lighting standards and all other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store facilities adjoining or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses used in connection with the natural evolution Building which include, but are not limited to, operating, equipping, policing and protecting, providing sanitation, sewers, trash removal, pest control, repair, maintenance and replacement of Tenant’s generally permitted use sidewalks, signs, displays, directories, landscaping, vegetation, pavement, parking lot, driveways, entrance ways and lighting fixtures, cleaning, painting, striping, security control and fire protection, premiums for insurance for property damage, liability and casualty insurance, full compensation and benefits of personnel used to perform services. The initial monthly payment shall be adjusted effective on the first day of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature first month of the use) that would reasonably be expected to have a material adverse impact second Lease Year and on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion the first day of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise first month of the Promotional Rights each Lease Year thereafter in accordance with the foregoing provisionsCPI Increase Formula.
Appears in 1 contract
Samples: Lease Agreement (Stoneridge Inc)
Common Areas. (a) During the TermTenant, until the occurrence of the Multi-Tenant Occupancy Dateits customers, Tenant employees and invitees shall have the exclusive right to use and possession enjoy free of all Common Areas (subject to all applicable provisions of this Master Leasecharge, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, other tenants and their respective Related Users customers, employees and invitees, the parking areas, approaches, sidewalks, entrances, exits and roadways (including all hereinafter collectively called the “Common Areas”) which Landlord agrees to provide for the reasonable operation of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance RequirementsShopping Center. Tenant’s use of It is expressly understood that the Common Areas shall be subject to all rules and regulations set forth are intended primarily for the use by customers of the stores in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time)Shopping Center, and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in Tenant accordingly agrees that its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall employees will not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about use the Common Areas for the parking or storage of any automobile, truck or any other vehicle owned or used by any of its employees, except as may be approved in writing by Landlord. Tenant further agrees that Landlord reserves the Demised Premises which would interfere with right, in its sole discretion, to designate specific parking area(s) for the use or enjoyment by the employees and/or customers of the premises demised under the Leases or any Recapture Space (or any adjacent shopping centerTenant and if so designated, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, Tenant shall instruct its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mallemployees and/or customers, as the case may be, or to park in any such designated areas. In order to assist Landlord in the respective enforcement of the provisions of this paragraph, Tenant agrees that within ten (10) days after being requested so to do, Tenant will furnish Landlord a written statement containing the license plate numbers of all employees, agents, employeesand representatives employed by Tenant in or about the Demised Premises. Tenant shall not park, customersor permit to be parked, licensees and invitees of any delivery vehicles in the Common Areas intended for the use by customers of the foregoing parties.
stores in the Shopping Center, nor permit merchandise delivery from such Common Areas if delivery access and loading and unloading zones are provided by Landlord. Landlord covenants that, at all times during the term hereof, it will maintain the Common Areas in a good condition of repair and adequately lighted and paved, and that, except as otherwise provided in paragraph 33 below, there will be at least the minimum number of parking spaces sufficient to satisfy governmental requirements and in no event shall the number of parking spaces at the Shopping Center existing as of the date of this lease be reduced by more than twenty (20) spaces during the term or any extension thereof. Anything in this paragraph to the contrary notwithstanding, Landlord expressly reserves the right, from time to time, (i) to construct other buildings and/or enlarge existing buildings on or over the Common Areas so long as the number of parking spaces is not reduced by more than twenty (20) spaces, and (ii) Subject to increase, reduce, modify or alter the provisions dimensions and locations of any applicable Encumbrancesroadways, Legal Requirements parking lots, sidewalks and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii)buildings provided such changes, subsequent to the Multi-Tenant Occupancy Date additions or reductions do not unreasonably interfere with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises or reduce the number of parking spaces at the Shopping Center by more than twenty (subject to Landlord’s reasonable approval of such other uses20), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlordother tenants and occupants at the Project, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time pursuant to Section 4.5 of this Lease, those portions of the Project which are provided, from time to time, including for use in common by Landlord, Tenant and any other tenants or occupants at the designation Project (such areas, together with such other portions of specific areas within the Project designated by Landlord’s premises or , in reasonable proximity thereto its discretion, are collectively referred to herein as the “Common Areas”). The manner in which automobiles owned by Tenant’s Related Users the Common Areas are maintained and operated shall be parked and to accommodate at the reasonable requests and requirements discretion of Landlord and the use thereof shall be subject to any rules and regulations, as amended, promulgated by Landlord from time to time in Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respectreasonable discretion. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have reserves the right to temporarily close, make alterations or additions to, or change the location of elements of the Project and the Common Areas. Landlord reserves the right, without the same constituting an actual or constructive eviction and without entitling Tenant to any abatement of Rent, to: (Ai) to utilize portions close any part of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas whatever extent required in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules opinion to prevent a dedication thereof or the accrual of any prescriptive rights therein; (ii) temporarily close the Common Areas to perform repairs or maintenance, or for any other reason deemed necessary by Landlord; (iii) change the shape, size, location and regulations applicable to all tenants extent of the Property with respect Common Areas; (iv) eliminate from or add to the manner of Common Areas any land or improvement; (v) make changes to the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (Common Areas including, without limitation, outdoor garden and/or patio shops)changes in the location of driveways, entrances, passageways, doors and such other uses in connection doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, sidewalks or the direction of the flow of traffic and the site of the Common Areas; and (vi) change the name or address of the Building or Project. In exercising its rights with regard to the natural evolution of Common Area set forth above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s generally permitted use of of, or access to, the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsPremises.
Appears in 1 contract
Samples: Office Lease (Rodgers Silicon Valley Acquisition Corp)
Common Areas. (a) 12.1 During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas, as such Common Areas in common with Landlordmay be enlarged or reduced from time to time; provided, and their respective Related Users (including however, that the temporary or permanent unavailability due to damage, destruction or Taking of any or all of such Common Areas (so long as such permanent unavailability does not materially and adversely affect Tenant's access to or from public streets or reduce the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions available parking spaces below applicable legal requirements) shall not constitute a violation of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirementscovenant. Tenant’s use The scope of the Common Areas Areas, as well as the manner, nature and method of their repair, maintenance and operation, shall be subject to all rules the reasonable discretion of Landlord. Specifically, and regulations set forth in the applicable Encumbrances (including, without limitation, Landlord may, upon prior written notice to Tenant at any time or from time to time temporarily close any Common Area to make repairs or changes therein or within the Office Building Project, to prevent the acquisition of public rights of any parties (including in such area and/or to discourage non-customer parking. Landlord may do such other acts in and to the Common Areas as it deems desirable to improve the convenience thereof Landlord) to reconfigure or alter such , at Landlord's cost and expense, shall, in the Common Areas, construct a designated break area/smoking area either on the south side of one building or in between the two buildings. ETelecare Global Solutions 7/01/05
12.2 Tenant shall not at any time and from time interfere, or allow any other Tenant Parties to time)interfere, and with the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements rights of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights other persons or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space entities (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its including other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions use any part of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Areas. Landlord shall have the right to grant Promotional Rights regulate, by means of the Rules and Regulations, the use of the Common Areas, including, without limitation, the right, subject to the provisions of the Parking Space License Agreement, to designate specific areas in which vehicles owned by Tenant and other Tenant Parties must be parked, to prohibit the parking of any Third Party Tenantsuch vehicles in any other part of the Office Building Project, providedto cause to be towed away (without liability on Landlord's part) any vehicles parked in derogation of the Rules and Regulations and to be furnished with such information concerning Tenant Parties and their vehicles as Landlord may reasonably request. Landlord may, thatat all times during the Term, no such Promotional Rights exclude and restrain any disruptive or offensive persons from the use or occupancy of the Common Areas. None of the Common Areas shall be exercisable used for sidewalk kiosks, displays of merchandise or for the conduct of any business, operation, occupation or undertaking without Landlord's prior written consent. Tenant shall not use, or permit any other Tenant Party to use, the Common Areas for (a) canvassing, (b) soliciting or distributing handbills, leaflets or other advertising matter, (c) demonstrations, picketing or political or religious rallies, or (d) any other activity which would interfere with the use of the Common Areas or the conduct of business in a manner that would reasonably be expected to have a material adverse impact on Tenant, the Office Building Project or the rights of Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise occupants or users of the Promotional Rights in accordance with the foregoing provisionsOffice Building Project.
Appears in 1 contract
Samples: Office Building Lease (eTelecare Global Solutions, Inc.)
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the non-exclusive right to use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within with other tenants in the Property in such a manner Building, subject to the Rules and Regulations. As used herein, the term “Common Areas” shall include, but not be limited to, the common entrances, lobbies, automobile parking spaces, restrooms, elevators, stairways and access ways, loading docks, ramps, drives and platforms, passage ways and service ways, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas appurtenant to the Building. Landlord hereby reserves the right from time to time to make any changes to the Building and Common Areas as Landlord, in its reasonable discretionsole and absolute discretion may deem appropriate, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights the withdrawal and direct lease of any parties (portion of the Common Areas and the relocation of driveways, entrances, exits, corridors and/or automobile parking spaces, the direction and flow of traffic, installation of prohibited areas, landscaped areas, and all other facilities thereof. Nothing contained herein shall be deemed to create any liability upon Landlord for any injury to or death of persons or for damage to or destruction of property, including without limitation, for any damage to motor vehicles of Tenant, its customers or employees, or for loss of property from within such motor vehicles unless caused by the sole active negligence of Landlord) to reconfigure , its agents, servants, or alter such employees; it being understood that any person’s use of the parking facilities or Common Areas, Areas shall be at their sole risk. Landlord shall at all times during the Lease Term have sole and exclusive control of the Common Areas and may at any time and from time to time), time exclude and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion restrain any person from time to time, including the designation of specific areas within Landlord’s premises use or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users occupancy thereof. Tenant shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about keep the Common Areas free and clear from any obstructions created or the Demised Premises which would interfere with the permitted by Tenant or resulting from Tenant’s use or enjoyment of the premises demised under Premises. If, in the Leases or any Recapture Space (or any adjacent shopping centeropinion of Landlord, shopping mall or third-party owner’s property, as the case may be), or unauthorized persons are using the Common Areas by reason of the presence of Tenant in the Premises, Tenant shall at Tenant’s sole cost, risk and expense, promptly upon demand by Landlord, its other tenants, authorized users and assigns, correct such situation by action or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesproceeding against all such unauthorized persons.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Samples: Lease Agreement (Rentech Inc /Co/)
Common Areas. (a) During Subject to the Rules and Regulations, for 24 hours of each day and throughout the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant and Tenant's Associates shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlordright, in its reasonable discretioncommon with others, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with LandlordAreas. Subject to subsection (b) below, and their respective Related Users Landlord shall have the right at any time, without Tenant's consent, (including all i) to change the arrangement or location of entrances, passageways, doors, doorways, corridors, stairs or other public portions of the same Persons Land, the Building and the Parking Facilities, provided any such change does not interfere with respect Tenant's access to the Recapture Space and Additional Recapture Space), for Leased Premises or the sole purposes of access, ingress, egress, loading and unloading, and parking, subject Parking Facilities; (ii) to grant to any Person an exclusive right to conduct a particular business or undertaking in the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Building that is not inconsistent with Tenant’s 's permitted use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances Leased Premises: (including, without limitation, any rights of any parties (including Landlordiii) to reconfigure or alter such Common Areas, at any time use and/or lease the roof of the Building and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas for any purposes not inconsistent with the terms of this Lease; (iv) to subdivide the Land or to combine the Land with other adjoining real property; and (v) to add additional floors to the Parking Facilities (other than to the Building), to erect additional buildings on the Land and to erect temporary scaffolds and other devices in connection with the construction, repair and maintenance of the Land or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be)Building, or the Common Areas by both. Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees 's exercise of any of the foregoing partiesrights shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. Landlord shall use reasonable efforts to mitigate such inconvenience or annoyance (but with no obligation to employ labor at overtime or other premium pay rates).
(b) Notwithstanding subsection (a) above, no modifications shall be made to all or part of the Common Areas, if as a result thereof: (i) any part of the Building or the Leased Premises would be in violation of any Legal Requirement; (ii) Subject to the provisions of security plan for the Building, the Leased Premises or the Parking Facilities is compromised or diminished in effectiveness; (iii) any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions part of the Common Areas are used for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales retail or marketing purposes except for advertising the availability of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks)space in the Building; or (Biv) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants appearance of the Property Building is inconsistent with respect to first class, Class A office buildings in downtown Baltimore of comparable age, quality and location (the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops"Peer Group Buildings"), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Common Areas. (a) During Landlord hereby grants to Tenant for the common use of ------------ Tenant, its customers, employees, agents and invitees together with other tenants of the Building, their customers, employees, agents and invitees throughout the Lease Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the common areas within the Building. The term "Common Areas in common with LandlordArea," as used herein, and their respective Related Users shall refer to all portions of ----------- the Building (including all of except for the same Persons with respect areas specifically leased to the Recapture Space and Additional Recapture SpaceTenants), for the sole purposes of accessincluding, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Leasebut not limited to, all Encumbrancesaisles, corridors, stairways, entrances, sidewalks, roofs, atriums, elevators, and all applicable Legal Requirements utility, mechanical, services, systems, fixtures and Insurance Requirements. Tenant’s use facilities used in common by the tenants of the Building and situated within or servicing the Building. The Common Areas shall be subject to all the exclusive control and management of Landlord and Landlord shall have the right to establish reasonable rules and regulations set forth in with respect to the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time to modify, change and from time to time)rescind the same, and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including provided such rules and regulations shall not be established or enforced in a manner that unreasonably diminishes Tenant's rights to the designation of specific areas within Landlord’s premises Common Area or in reasonable proximity thereto in which automobiles owned by materially adversely affects Tenant’s Related Users shall be parked 's access to the Premises or to the parking facilities, and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that enforce-the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under the terms of this Master Lease, in any material respect. Furthermore, and Tenant covenants not and agrees to do or permit abide by and conform with, and Tenant shall use reasonable efforts to be done any act incause its employees, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other ownersagents, tenants, or occupants of any adjacent shopping centersublessees, shopping mallassignees, as the case may berepresentatives, or the respective agents, employees, customersguests, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrancesabide by and conform with, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable such rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Section 17.14. Landlord shall have the right to grant Promotional Rights use the Common Areas for charitable or commercial events at reasonable times without obligation or compensation to any Third Party Tenant provided such uses do not materially interfere with Tenant, provided, that, no 's access to or use of the Premises or its quiet enjoyment thereof. Landlord shall not alter the Common Area in such Promotional Rights shall be exercisable in a manner that would reasonably be expected as to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance materially interfere with the foregoing provisionsconduct of Tenant's business on the Premises or Tenant's access to the Premises or to the parking facilities without Tenant's consent which Tenant may withhold in its sole discretion.
Appears in 1 contract
Common Areas. (a) During Landlord hereby grants to Tenant, for the Termbenefit of Tenant and its employees, until suppliers, shippers, customers and invitees, during the occurrence term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common 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 Multi-Project. Under no circumstances shall the right herein granted to use the Common Area be deemed to include the right to store any property, temporarily or permanently, in the Common Area or to construct or install any improvements in the Common Area. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, the 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 by Tenant Occupancy Dateto Landlord upon demand by Landlord.
(b) Landlord or such other person(s) as Landlord may appoint, Tenant shall have the exclusive use control and possession management of all the Common Areas (subject and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Tenant agrees to abide by and conform to all applicable provisions such rules and regulations, as well as any private conditions, covenants, and restrictions of this Master Leasepublic record now or hereafter affecting the Premises and any amendment thereof, Legal Requirements and Encumbrances) to cause its employees, suppliers, shippers, customers and invitees to abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with said rules and regulations by other tenants or authorized users of the Project. Any failure by Tenant or its agents, employees or representatives to observe and comply with the rules and regulations established by Landlord with respect to the Common Areas shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1a default by Tenant hereunder.
(c) Landlord shall have the right in Landlord's sole discretion, from time to time: (i) From to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and after the Multi-Tenant Occupancy Datenumber of driveways entrances, Landlord shall operate parking spaces, parking areas, loading and maintain unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (or cause ii) to be operated and maintained) close temporarily any of the Common Areas located wholly within the Property in such a manner for maintenance purposes, so long as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject access to the terms and conditions Premises remains available; (iii) to designate other land outside the boundaries of this Master Lease relating the Project to any conditions, rights or restrictions be a part of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within Areas; (iv) to add additional buildings and improvements to the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license Common Areas; (v) to use the Common Areas while engaged in common with Landlordmaking additional improvements, and their respective Related Users (including all of the same Persons with respect repairs or alterations to the Recapture Space and Additional Recapture Space)Project, for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances or any portion thereof; (including, without limitation, any rights of any parties (including Landlordvi) to reconfigure or alter such Common Areasclose, at any time and from time to time)reasonable times, and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property parking areas for any reasonable purpose, including without limitation, the prevention of a dedication thereof, or the accrual of the rights of any person or public therein; and, (vii) to do and perform such other than acts and make such other changes in, to or with respect to the Demised Premises (“Third Party Tenant”). Common Areas and the Project as Landlord shall have the right to grant Promotional Rights to any Third Party Tenantmay, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionssound business judgment, deem to be appropriate.
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable EncumbrancesSections 6.8 and 6.9, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users Lessee shall have the nonexclusive, shared right to the reasonable use of all Common Areas as described on Exhibit 2.1(a) attached for the purposes intended, which use shall be in compliance with all Applicable Laws and Other Requirements and shall be subject to the terms of this Land Lease and to the Rules and Regulations. Lessee shall not interfere with the rights of any or all of Lessor, Lessor’s Agents, other lessees or licensees, or any other person entitled to use the Common Areas, including any excessive use thereof by Lessee or Lessee’s Agents.
(Ab) Lessor shall at all times have exclusive control of the Common Areas. Lessor shall have the right, exercisable in its sole and absolute discretion and without the same constituting an actual or constructive eviction and without entitling Lessee to utilize portions any abatement of Rent or other right or remedy, so long as none of the following prevents or unreasonably restricts Lessee from operating the Lessee Business on the Leased Premises, to: (i) close any part of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas whatever extent required in the parking lot opinion of Lessor to prevent a dedication thereof or the accrual of any prescriptive rights therein or to permit the holding of events or permit the temporary use thereof for advertising purposes charitable or commercial purposes; (ii) temporarily close the Common Areas to perform repairs or maintenance or for any other reason deemed sufficient by Lessor; (Aiii) change the shape, size, location and extent or hours of operation of the Common Areas; (Biv) collectively, eliminate from or add to the “Promotional Rights”Property any land or improvement; (v) make changes to the Common Areas (except for the location of Access Roads which is governed by Section 6.9), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden changes in the location of Site Amenities, entrances, passageways, doors and doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, sidewalks or the direction of the flow of traffic and the site of the Common Areas; (vi) remove unauthorized persons from the Common Areas, the Leased Premises and the Property; and/or patio shops)(vii) change the name or address of the Property. Lessee shall keep the Common Areas clear of all obstructions, debris or rubbish created or permitted by Lessee. If, in the reasonable opinion of Lessor, unauthorized persons are using any of the Common Areas by reason of the presence of Lessee at the Property, Lessee, upon demand of Lessor, shall restrain such unauthorized use by appropriate proceedings. In exercising any such rights regarding the Common Areas, Lessor shall make a reasonable effort to minimize any disruption to the Lessee Business.
(c) The easements, licenses and such other uses in connection with rights of use granted to Lessee pursuant to Sections 6.7, 6.8, 6.9 and this Section 6.10 and otherwise pursuant to this Land Lease (collectively, “Licenses”) shall expire and completely and automatically terminate (without any further action or instrument) upon the natural evolution expiration or sooner termination of Tenantthe Term. In Lessee’s generally permitted use of the Demised Premises (subject Licenses, Lessee shall cooperate with Lessor to Landlordcreate as little interference as practicable with Lessor’s reasonable approval of such other uses)operations on, and (y) Tenant Lessor’s use and enjoyment of, the Property. Lessee shall not exercise cause or permit any Promotional Rights in a manner (as opposed damage or injury to occur to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than that is subject to the Demised Premises Licenses, or any part thereof or person or property located thereon. Lessee shall be solely responsible for any damage caused by Lessee (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights or any officer, director or employee, agent, licensee or invitee thereof) to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with Common Areas and, upon Lessor’s request, shall promptly repair any such damage or promptly pay the foregoing provisionscost of such repair to Lessor, as elected by Lessor.
Appears in 1 contract
Samples: Lease Agreement (Arconic Inc.)
Common Areas. (a) During As used in this Lease, the Termterm “common areas” means, until without limitation, the occurrence hallways, entryways, parking areas, driveways, walkways, terraces, loading areas, trash facilities and all other areas and facilities in the Project which are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and other tenants of the Multi-Tenant Occupancy DateProject and their respective employees, Tenant shall have invitees, licensees or other visitors. Landlord grants Tenant, its employees, invitees, licensees and other visitors a nonexclusive license for the exclusive Term to use and possession of all Common Areas (subject the common areas in common with others entitled to all applicable provisions of this Master Leaseuse the common areas, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating Lease. Without advance notice to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons except with respect to matters covered by Subsection (a) below) and without any liability to Tenant in any respect, Landlord will have the Recapture Space right to:
(a) establish and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all enforce reasonable rules and regulations set forth concerning the maintenance, management, use and operation of the common areas;
(b) close off any of the common areas to whatever extent required in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements opinion of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not its counsel to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees prevent a dedication of any of the foregoing parties.common areas or the accrual of any rights by any person or the public to the common areas, provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Premises;
(iic) Subject to Temporarily close any of the provisions common areas for maintenance, alteration or improvement purposes;
(d) Select, appoint or contract with any person for the purpose of any applicable Encumbrancesoperating and maintaining the common areas, Legal Requirements and Insurance Requirements and the on such terms and conditions set forth in this Section 10.2(a)(ii)as Landlord deems reasonable;
(e) change the size, subsequent to use, shape or nature of any such common areas, provided such change does not deprive Tenant of the Multi-substantial benefit and enjoyment of the Premises. So long as Tenant Occupancy Date with respect to a Demised is not thus deprived of the substantial use and benefit of the Premises, Tenant, Landlord and Landlord’s Related Users shall will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of any concourse, parking spaces, toilets or other public conveniences in the Project, without Landlord’s Initials Tenant’s Initials incurring any liability to Tenant or entitling Tenant to any abatement of rent and such action will not constitute an actual or constructive eviction of Tenant; and
(Af) erect one or more additional building on the common areas, expand the existing Building or other buildings to utilize portions cover a portion of the Common Areas for outdoor eventscommon areas, activitiesconvert common areas to a portion of the Building (excluding the Premises) or other buildings to common areas. Upon erection of any additional buildings or change in common areas, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales the portion of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); the Project upon which buildings or (B) structures have been erected will no longer be deemed to utilize be a part of the lighting standards and other areas common areas. In the event of any such changes in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store size or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to LandlordBuilding or common areas of the Building or Project, Landlord may make an appropriate adjustment in the Rentable Area of the Building or the Building’s reasonable approval pro rata share of such other uses)exterior common areas of the Project, as appropriate, and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed corresponding adjustment to the nature Tenant’s Share of the use) that would reasonably be expected Operating Expenses payable pursuant to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion Articles 5 of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenantthis Lease, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsabove.
Appears in 1 contract
Samples: Office Lease (Go Daddy Group, Inc.)
Common Areas. (a) During As used in this Lease, the Termterm "common areas" means, until without limitation, the occurrence hallways, entryways, parking areas, driveways, walkways, terraces, loading areas, trash facilities and all other areas and facilities in the Project which are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and other tenants of the Multi-Tenant Occupancy DateProject and their respective employees, Tenant shall have invitees, licensees or other visitors. Landlord grants Tenant, its employees, invitees, licensees and other visitors a nonexclusive license for the exclusive Term to use and possession of all Common Areas (subject the common areas in common with others entitled to all applicable provisions of this Master Leaseuse the common areas, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating Lease. Without advance notice to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons except with respect to matters covered by Subsection (a) below) and without any liability to Tenant in any respect, Landlord will have the Recapture Space right to:
(a) establish and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all enforce reasonable rules and regulations set forth concerning the maintenance, management, use and operation of the common areas;
(b) close off any of the common areas to whatever extent required in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements opinion of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not its counsel to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees prevent a dedication of any of the foregoing parties.common areas or the accrual of any rights by any person or the public to the common areas, provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Premises;
(iic) Subject to temporarily close any of the provisions common areas for maintenance, alteration or improvement purposes;
(d) select, appoint or contract with any person for the purpose of any applicable Encumbrancesoperating and maintaining the common areas, Legal Requirements and Insurance Requirements and the on such terms and conditions set forth in this Section 10.2(a)(ii)as Landlord deems reasonable;
(e) change the size, subsequent to use, shape or nature of any such common areas, provided such change does not deprive Tenant of the Multi-substantial benefit and enjoyment of the Premises. So long as Tenant Occupancy Date with respect to a Demised is not thus deprived of the substantial use and benefit of the Premises, Tenant, Landlord and Landlord’s Related Users shall will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of any concourse, parking spaces, toilets or other public conveniences in the Project, without incurring any liability to Tenant or entitling Tenant to any abatement of rent and such action will not constitute an actual or constructive eviction of Tenant; and
(Af) erect one or more additional building on the common areas, expand the existing Building or other buildings to utilize portions cover a portion of the Common Areas for outdoor eventscommon areas, activitiesconvert common areas to a portion of the Building (excluding the Premises) or other buildings to common areas. Upon erection of any additional buildings or change in common areas, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales the portion of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); the Project upon which buildings or (B) structures have been erected will no longer be deemed to utilize be a part of the lighting standards and other areas common areas. In the event of any such changes in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store size or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval Building or common areas of such other uses)the Building or Project, Landlord may make an appropriate adjustment in the Rentable Area of the Building or the Building's pro rata share of exterior common areas of the Project, as appropriate, and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed corresponding adjustment to the nature Tenant's Share of the use) that would reasonably be expected Operating Expenses payable pursuant to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion Article 5 of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenantthis Lease, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsabove.
Appears in 1 contract
Samples: Office Lease (Ryland Group Inc)
Common Areas. (ai) During Landlord covenants that the Common Areas shall be available without further charge to Tenant for the nonexclusive use (as defined in Section 6(b)(iv) of Tenant during the full Term of this Lease or any extension of the Term, until provided that the occurrence condemnation or other taking by any public authority, or sale in lieu of the Multi-Tenant Occupancy Datecondemnation, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall not constitute a violation of this covenant. Landlord shall also provide up to ten (10) parking spaces in a number and location reasonably adjacent to the Building as reasonably designated by Landlord which shall be subject signed as reserved exclusively for Tenant's visitors to the Premises. Landlord specifically reserves the right to change the location, size, configuration, design, layout, and any other aspects of the parking provided such changes do not reduce the number of spaces below the minimum number of parking spaces provided in the definition of "Common Area" nor materially impair Tenant's ability to use the Premises as set forth in Section 10. Landlord may temporarily close off or restrict access to parking from time to time as necessary to enable construction, environmental remediation, alteration, or improvements, without incurring any liability to Tenant and without any abatement of Rent under this Lease provided any such temporary access restriction shall be so accomplished as to minimize inconvenience to Tenant and the least possible interference with Xxxxxx's truck access to the Premises. Xxxxxx's continued right to use the parking spaces is conditioned on Tenant's abiding by all rules and regulations prescribed from time to time for the orderly operation and use of the Project parking. Tenant shall use all reasonable efforts to ensure that Tenant's employees and visitors also comply with such rules and regulations. This Lease shall be subordinate to those items listed as Exceptions 1 through 12 of that Title Policy for the Real Property dated as of April 29, 1997 and any subsequently executed AREA.
(ii) Landlord shall keep or cause to be kept all Common Areas in a neat, clean, orderly and well maintained condition, properly lighted and landscaped, and shall promptly repair any damage to their facilities, but all expenses in connection with the Common Areas ("Common Area Expenses ") shall be charged in the manner set forth in Section 6(b)(iii). Common Area Expenses shall include but shall not be limited to all sums expended by Landlord in connection with the applicable Encumbrances Common Areas for all general maintenance and repairs, resurfacing, painting, restriping, cleaning, sweeping, and janitorial services; refuse removal; competitively priced management fees, which shall not exceed five percent (including, without limitation, 5%) of the Common Area Expenses; planting and landscaping; lighting and other utilities; directional signs and other markers and bumpers; personnel to implement these services and to police the Common Areas; required fees or charges levied pursuant to any rights of any parties (including Landlord) to reconfigure or alter such governmental requirements; public liability and property damage insurance on the Common Areas, which shall be carried and maintained by Landlord with limits as reasonably determined by Landlord; and, where charged to Landlord, all expenses in Sections 5, 7, and 8, provided that no expense excluded from Tenant's reimbursement obligations under Section 5(a) or any other provision of this Lease shall be included and provided further that no expense paid by Landlord shall be double counted for Tenant reimbursement purposes, and Real Property Taxes shall be determined and paid as provided in Section 5. Landlord shall exercise reasonable diligence to obtain reasonable prices for all sums expended by Landlord for Common Area Expenses.
(iii) In December of each calendar year, or as soon as reasonably possible thereafter, Landlord shall send Tenant an itemized statement, setting forth in reasonable detail Landlord's reasonable estimate of Tenant's Common Area Expenses for the following calendar year on a monthly or quarterly basis, at Landlord's option and Xxxxxx agrees to pay Landlord Xxxxxx's Common Area Expenses then due within fifteen (15) days after receipt of the statement and to make monthly or quarterly payments of Xxxxxx's share of Common Area Expenses thereafter. Any Common Area Expenses for the year in which this Lease commences or ends shall be apportioned and adjusted based upon the number of months or portions of months in which Tenant occupies the Premises, commencing one hundred twenty (120) days following the Early Entry Date, provided that Xxxxxx's work on the Tenant Improvements has not been interrupted or delayed by Landlord Delays or any time days that Xxxxxx's work on Tenant's Improvements is voluntarily interrupted by Landlord pursuant to Section 2(e)(i) (and from time to timein any case no later than the Rent Commencement Date) and, provided Xxxxxx is not in default hereunder, expiring when Tenant vacates the Premises (and otherwise upon expiration of the Term), and disregarding any changes in such charges attributable to a period before or after the reasonable, nondiscriminatory rules and regulations promulgated Lease Term. If the amount of monthly or quarterly payments for Common Area Expenses received by Landlord in its discretion from time to timeTenant are more or less than the actual Common Area Expenses due for any Calendar Year, including the designation an itemized statement of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and delivered to accommodate Tenant by Landlord within one hundred twenty (120) days following the reasonable requests and requirements end of each Calendar Year, or a soon as reasonably possible thereafter, an appropriate adjustment will be made by Landlord and Landlord’s Related Users, provided, that Tenant and any balance due paid or refunded within thirty (30) days after such reconciliation. All charges in Section 6 for Common Area Expenses may be superseded and governed by any AREA adopted for the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with Real Property and Adjacent Real Property.
(iv) For the use or enjoyment and benefit of the premises demised under the Leases or any Recapture Space (or any adjacent shopping centerTenant, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective Tenant's agents, employees, customers, licensees licensees, and invitees of any subtenants shall have the nonexclusive right in common with Landlord's representatives, agents employees, customers and contractors performing Landlord's obligations under this Lease, and other present and future owners and tenants of the foregoing parties.
Real Property (ii) Subject and, to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions extent set forth in this Section 10.2(a)(iiany AREA recorded for the Adjacent Real Property), subsequent and their agents, employees, customers, licensees, and subtenants, to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of use the Common Areas during the entire Term of this Lease, or any extension of the Term, for outdoor eventsingress and egress, activitiesroadway, shows, displays, temporary special promotional events, including sales from temporary facilitiessidewalk, and including carnivalsautomobile parking, automobile provided that Tenant and boat shows Tenant's employees shall park their automobiles in those areas reasonably designated by Landlord from time to time (in consultation with Tenant) for Tenant parking. To the extent practicable and sales, sales of rugs, cars, spas, plants and antiques, tent saleswithin Landlord's reasonable control, and National Safety Weekend events and other charity events (including charity walks); except as may be set forth above or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectivelyany AREA, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to Tenant shall at all tenants of the Property with respect times have 24-hour vehicular access to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (Premises including, without limitation, outdoor garden and/or patio shops)truck access.
(v) Tenant, and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Common Areas, agrees to comply with the reasonable rules and regulations as Landlord may adopt from time to time for the orderly and proper operation of the Common Areas, which rules and regulations shall not be inconsistent with this Lease and shall not interfere with Xxxxxx's right of vehicular and truck access to the Premises or Tenant's other rights under this Lease.
(subject vi) Unless Landlord elects to Landlord’s reasonable approval provide trash collection as a part of the Common Area maintenance, Tenant shall at Tenant's expense arrange for the collection of trash in the Common Areas located on the Real Property, in which event Landlord shall not charge Tenant for any costs of trash removal on the Real Property and Adjacent Real Property.
(vii) Landlord grants Tenant a non-exclusive access Ad for ingress and egress over the Roadway Easement for the Term of this Lease, as it may be extended, or until such other uses)time as an AREA is executed for the Real Property and Adjacent Real Property granting Tenant similar access over the Roadway Easement. For purposes of this Lease, and (y) Tenant until superseded by an AREA, the Roadway Easement shall not exercise any Promotional Rights in a manner (as opposed to the nature be considered part of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party TenantCommon Area under this Lease, provided, thathowever that Landlord may include no more than fifty-one and four tenths percent (51.4%) of the common area expenses (as defined in 6(b)(ii)), of such Roadway Easement in Common Area Expenses and no more fifty-one and four tenths percent (51.4%) of Real Property Taxes (as defined in 5(a)) of such Promotional Rights Roadway Easement in Real Property Taxes. Upon completion of improvements to the Adjacent Real Property, Xxxxxx's contribution to Common Area Expenses and Real Property Taxes for the Roadway Easement shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenantequitably reduced, Landlord eliminated or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate reciprocated by the exercise occupants of the Promotional Rights in accordance with the foregoing provisionsAdjacent Real Property.
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence The term "COMMON AREA" is defined for all purposes of this Lease as that part of the MultiProject intended for the common use of all tenants, including among other facilities, the ground floor lobby, elevator lobbies and hallways on multi-Tenant Occupancy Datetenant floors, Tenant 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, the parking garage, 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 Project 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 Project 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. 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 Project. For example, and without limiting the generality of the immediately preceding sentence, Landlord may from time to time substitute for any parking area other areas reasonably accessible to the tenants of the Building, as applicable, which areas may be elevated, surface or underground. 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 use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas Area (excluding roof(s)) as constituted from time to time, such use to be in common with Landlord, and their respective Related Users (including all of other tenants in the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloadingBuilding, and parkingother persons permitted by the Landlord to use the same, and subject to the provisions rights of this Master Leasegovernmental authorities, all Encumbranceseasements, other restrictions of record, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord's ability to establish rules and regulations governing all tenants aspects of the Property with respect to the manner of the exercise of such Promotional Rights; providedCommon Area, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (agrees as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.follows:
Appears in 1 contract
Samples: Office Lease Agreement (Zix Corp)
Common Areas. (a) During All parking areas, access roads and facilities furnished, made available or maintained by Landlord in or near the TermHotel Complex, until including employee parking areas, truck ways, driveways, loading docks and areas, delivery areas, multi-story parking facilities, package pickup stations, elevators, escalators, pedestrian sidewalks, malls, including the occurrence enclosed mall, courts and ramps, landscaped areas, retaining walls, stairways, Monorail, first-aid and comfort stations, lighting facilities, sanitary systems, utility lines, water filtration and treatment facilities, those areas within and adjacent to the Hotel Complex for ingress and egress to and from the Hotel Complex, which from time to time may be provided by Landlord or others for the convenience, use or benefit of the Multi-Tenant Occupancy Datetenants of the Hotel Complex, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements occupants and Encumbrances, but subject to visitors of the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, Hotel Complex and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space)concessionaires, for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees invitees and invitees licensees, those areas, if any, upon which temporary or permanent off-site utility systems or parking facilities serving the Hotel Complex, may from time to time be located and other areas and improvements provided by Landlord for the general use in common of any tenants and their customers in the Hotel Complex (all herein called “Common Areas”) shall, subject to the Tenant Protections, at all times be subject to the exclusive control and management of Landlord and Landlord shall have the foregoing parties.
(ii) right, from time to time, to establish, modify and enforce reasonable rules, regulations and requirements with respect to all Common Areas. Tenant agrees to comply with, and to cause its employees and contractors to comply with, all such rules, regulations and requirements set forth by Landlord, provided Landlord agrees to apply all such rules, regulations and requirements on a reasonable, uniform basis and in good faith. Subject to the provisions of any applicable EncumbrancesTenant Protections, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right from time to grant Promotional Rights time to: change or modify and add to or subtract from the sizes, locations, shapes and arrangements of parking areas, entrances, exits, parking aisle alignments and other Common Areas; designate parking areas for Landlord, its employees and tenants, restrict parking by Tenant and Tenant’s employees to designated areas; construct surface, sub-surface or elevated parking areas and facilities; establish and from time to time change the level or grade of parking surfaces; add to or subtract from the buildings in the Hotel Complex; eliminate such access as may, from time to time, be available to the Hotel Complex; and do and perform such other acts in and to said Common Areas as Landlord in its reasonable discretion, uniformly applied, deems advisable for the use thereof by tenants and their customers. Notwithstanding the foregoing, if Landlord institutes a charge or fee to users of any Third Party parking areas or facilities of the Hotel Complex, such charge or fee shall not be applicable to Tenant, providedits employees or agents nor, thatsubject to appropriate validation, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions’s customers.
Appears in 1 contract
Samples: Lease (Hard Rock Hotel Inc)
Common Areas. (a) During In addition to the Term, until the occurrence of the Multi-Tenant Occupancy DatePremises, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause those certain common areas to be operated and maintained) designated by Landlord from time to time on the Common Areas located wholly within the Property in Property; such a manner as Landlord, in its reasonable discretion, areas shall determine as being compliant with the Legal Requirements and Encumbrancesinclude, but subject to the terms not be limited to, parking areas, access roads and conditions of this Master Lease relating to any conditionsfacilities, rights or restrictions of Landlord’s interior corridors, sidewalks, driveways and Landlord’s Related Users in the landscaped and open areas (collectively, “Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(cAreas”). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s The use of the Common Areas shall be for the non exclusive use of Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and all other tenants of the Property and all such other persons to whom Landlord has previously granted, or may hereinafter grant, rights of usage; provided that such nonexclusive use shall be expressly subject to all such reasonable rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and which may be adopted by Landlord from time to time). Tenant shall not be entitled to use the common areas for storage of goods, and vehicles, refuse or any other items. Landlord reserves the reasonableright to alter, nondiscriminatory rules and regulations promulgated by Landlord in its discretion modify, enlarge, diminish, reduce or eliminate the Common Areas from time to time, including the designation of specific areas within Landlord’s premises or time in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rightssole discretion; provided, that (x) however, it does not unreasonably and materially interfere with Tenant’s Promotional Rights shall include, access or use and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use occupancy of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Premises. Landlord shall have the right to grant Promotional Rights modify common areas, and if necessary, parts of the Premises, in order to implement new, necessary security measures and Landlord shall endeavor to minimize any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact affect on Tenant’s use of the Premises. If Tenant shall use any of the Common Areas for storage of any items, Tenant shall pay all fines imposed upon either Landlord or Tenant by any fire, building or other Third Party Tenant. Tenantregulatory body, and Tenant shall pay all costs incurred by Landlord to clear and Thirdclean the Common Areas and dispose of such items, including but not limited to, a disposal fee of twenty-Party Tenants shall work cooperatively five dollars ($25.00) for each pallet or other container and in good faith to coordinate the exercise of the Promotional Rights in accordance fifty dollars ($50.00) for each drum, together with the foregoing provisionsany additional costs for testing and special disposal, if required.
Appears in 1 contract
Samples: Lease Agreement (Elio Motors, Inc.)
Common Areas. The "Common Areas" consist of certain entryway, restroom or other areas in Landlord's Building, and certain driveways and parking areas on Landlord's Conference Center Complex, as are designated in yellow on Exhibits A and B. If Landlord elects in its sole discretion to designate in writing additional areas within Landlord's Conference Center Complex (awhether inside or outside of buildings) During as Common Areas, then such additional areas so designated will be governed by the Term, until terms of this Lease governing Common Areas the occurrence same as the originally designated Common Areas. The designation of any area or areas as part of the Multi-Tenant Occupancy DateCommon Areas shall not be deemed to be a permanent designation, Tenant and, except for designated rest rooms and entry/exit ways in Landlord's Building, Landlord shall have the exclusive use and possession right to reclassify any area previously designated as part of all the Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the whether same are areas originally designated herein as Common Areas located wholly within the Property per Exhibits A and B hereto or otherwise); provided, that access driveways and parking areas reasonably equivalent to those now designated on Exhibit B hereto will in such a manner any case remain as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within hereunder during the Property, further subject to Tenant’s obligations in Section 10.1(c)Term. Tenant shall have a nonexclusive right and license during the Term of this Lease to use the Common Areas as constituted from time to time. Such use shall be in common with Landlord, and their respective Related Users (including all with other tenants of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloadingLandlord if any, and parking, subject with all other persons designated by Landlord as entitled to use the provisions of this Master Lease, all Encumbrancessame, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject at all times to all such reasonable rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) governing use as Landlord may from time to reconfigure or alter such time prescribe. The Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion as constituted from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked subject to Landlord's sole management and to accommodate the reasonable requests control and requirements of shall be operated and maintained in such manner as Landlord and Landlord’s Related Users, provided, that the same in its discretion determines. Tenant shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in take any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which action that would interfere with the rights or privileges of other persons to use or enjoyment the common Areas. Without limiting the generality of the premises demised under the Leases or any Recapture Space (or any adjacent shopping centerforegoing, shopping mall or third-party owner’s propertyTenant, as the case may be)its agents, or contractors, subcontractors, employees and invitees, shall park vehicles only in properly marked parking spaces that are part of the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of shall at no time block any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any driveways that are part of the foregoing parties.
(ii) Subject to the provisions of Common Areas. Landlord may temporarily close any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions part of the Common Areas for outdoor eventssuch periods of time as may be necessary to make repairs or alterations, activitiesto prevent the public from obtaining prescriptive rights, showsor for other reasonable purposes. Notwithstanding anything herein, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect have access to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises on a twenty four (subject to Landlord’s reasonable approval of such other uses)24) hour per day, and seven (y7) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsday per week basis.
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence 12.1 Landlord and Tenant acknowledge that certain portions of the MultiCurrent Premises are being surrendered and released by Tenant pursuant to this Amendment will become Common Areas available for use by Tenant and all tenants or occupants of the Building. Such areas include, but are not limited to: (i) main and second floor lobbies, stairwells, two (2) first floor conference rooms, one (1) second floor conference room, the fitness facility, lunchroom/kitchen, elevators, equipment rooms and 1 training room on the second floor (east side); (ii) the reception desk in the main lobby, which will be removed by Landlord at Landlord’s expense, and which shall not be required to be replaced or relocated; (iii) Building phone, cable and primary equipment access points located in the Premises, as redefined herein upon surrender of portions of the Current Premises as provided herein, each of which access points shall be made available to all tenants and occupants of the Building, provided, Landlord agrees that such access points, when converted for such access, shall, at Landlord’s cost, be secured in a manner that is commercially reasonable, affordable, and mutually agreeable to Landlord and Tenant so as to secure Tenant’s then existing Premises. Notwithstanding the foregoing, Landlord may, at its sole and absolute discretion, lease any portion of such Common Areas to another tenant or occupant, and in such case, the common area factor shall be adjusted as provided in Paragraph 10.0 above.
12.2 Landlord grants to Tenant the non-Tenant Occupancy Dateexclusive right, Tenant together with all other occupants of the Building and their agents, employees, and invitees, to use the Common Areas, as the same is established by Landlord from time to time, during the term of the Lease, as amended, and any extension or renewal thereof, subject to all Laws. Landlord shall have the exclusive use right, at Landlord’s sole and possession of all absolute discretion, to make changes to the Common Areas. Landlord’s rights regarding the Common Areas (subject include, without limitation, the right to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) restrain unauthorized persons from using the Common Areas located wholly within the Property in such a manner as LandlordAreas; (ii) place permanent or temporary kiosks, in its reasonable discretiondisplays, shall determine as being compliant with the Legal Requirements and Encumbrancescarts, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users stands in the Common Areas located wholly within and lease the Propertysame to others; (iii) temporarily close any portion of the Common Areas: (a) for repairs, further subject improvements, or alterations; (b) to Tenant’s obligations discourage unauthorized use; (c) to prevent dedication or prescriptive rights; or (d) for any other reason that Landlord deems reasonably necessary; (iv) change the shape and size of the Common Areas; (v) eliminate, add, or change the location of improvements in Section 10.1(cthe Common Areas; or (vi) impose and revise reasonable rules and regulations for the Building and the Common Areas (including parking areas and/or facilities). Tenant agrees to abide by and conform to all such rules and regulations, and to cause its employees, suppliers, shippers, customers, and invitees to so abide and conform. Landlord shall have a nonexclusive not be responsible to Tenant for the non-compliance with said rules and regulations by other tenants of the Building.
12.3 Under no circumstances shall the right and license herein granted to use the Common Areas be deemed to include the right of Tenant to store any property, temporarily or permanently, in common with the Common Areas. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage occurs 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 paid upon demand.
12.4 Tenant agrees that the existing furniture and equipment located in the existing lunchroom/kitchen, and the one 2nd floor training room (east side), as of the date of this Amendment, are free of all liens and encumbrances, and are hereby surrendered by Tenant to Landlord and the same shall become and be deemed the property of Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas if requested by Landlord, its other tenantsTenant agrees to convey the same to Landlord by a xxxx of sale, authorized users free and assignsclear of all liens and encumbrances. Notwithstanding the foregoing or anything herein to the contrary, or Tenant, at Tenant’s sole cost and expense, shall remove the other ownerslarge conference table and chairs from the 2nd floor conference room (west side). For clarity, tenantsthe tables, or occupants of any adjacent shopping centerchairs, shopping mallrefrigerators, as microwaves in the case may be, or the respective agents, employees, customers, licensees lunchroom/kitchen shall be surrendered and invitees of conveyed to Landlord unless any of the foregoing parties.
(iibelongs to a third party, and if, to Tenant’s actual knowledge, any such item(s) Subject belongs to a third party, Tenant shall notify Landlord of such case as soon as reasonably possible. As for any equipment in the provisions fitness room owned by Tenant or any of any applicable EncumbrancesTenant’s sublesees, Legal Requirements and Insurance Requirements Landlord may replace the equipment and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions cost of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) same shall be an Operating Cost. Prior to utilize surrendering the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject fitness room to Landlord’s reasonable rules and regulations applicable to all tenants of , Tenant shall notify the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall includesublessee, and Tenant shall exercise Promotional Rights remove, or shall cause sublessee to remove all fitness equipment from the fitness facility at Tenant and sublessee’s sole cost and expense, or the same shall be deemed forfeited and Landlord may dispose of the same without liability to Tenant or sublessee. In no event shall Landlord have the obligation to provide a fitness room as a common element. Landlord acknowledges that Tenant does not own and cannot surrender and convey the coffee equipment and vending machines in the lunchroom/kitchen area. The same is owned by a manner described in Section 10.2(a)(ii)(A) that is consistent withthird party, and Landlord intends to use commercially reasonable efforts to enter into an agreement with said party to continue to supply the historical practices equipment and vending machines, which cost shall be an Operating Cost reimbursable by Tenant to Landlord. Any contract of Tenant at that Store or that may be conducted on a regional basis with respect such third party shall apply to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), only and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). any area being surrendered to Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionshereunder.
Appears in 1 contract
Common Areas. Subject to all covenants, conditions, restrictions, reservations, encumbrances, rights-of-way, public dedications, easements and other matters of record in the Land Records of West Dover, Vermont or the applicable District Environmental Conservation office, Ground Lessor hereby grants to the Ground Lessee, its permitted successors and assigns, and its employees, agents, representatives, vendors, customers and invitees (a) During collectively, “Ground Lessee’s Permitted Users”), the Termnonexclusive right of use, until the occurrence free of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive charge (except parking or other similar charges for use and possession of all Common Areas (subject to imposed on all applicable provisions of this Master Leasetenants, Legal Requirements occupants and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Spaceinvitees), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas (as defined below) in common with Ground Lessor, and its employees, agents, representatives, vendors, customers and other invitees and tenants. “Common Areas” shall be subject mean all parking areas, streets, driveways, curb cuts, and sidewalks serving the Resort which Ground Lessor makes available from time to all rules time for the common use and regulations set forth in benefit of any tenants and occupants of the applicable Encumbrances (Resort and which are not exclusively available for use by a single tenant, occupant, and invitees including, without limitation, (i) ingress and egress ways to and from the Premises and the Town Highway and from the interior roadways within the Resort, (ii) utilities and connections thereto serving the Premises, (iii) general parking areas, garages and lots, and also including areas designed for “commercial” vehicles as may be available and in accordance with applicable law, (iv) other roads and access ways, exit ways and loading docks, (v) walkways, sidewalks, landscaped and planted areas located on, for the benefit, or serving the Premises, and (vi) all sidewalks, terraces, walkways, and any rights other connecting passageways for access to the Premises. Ground Lessee shall promptly repair, at its sole cost and expense, any damage caused by Ground Lessee, or any of any parties (including Landlord) its Permitted Users, to reconfigure or alter such the Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiespart thereof.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Samples: Modification and Consent Agreement (Peak Resorts Inc)
Common Areas. (a) During Landlord hereby grants to Tenant, during the TermTerm of this Lease, until the occurrence nonexclusive right to use, in common with all others so entitled, the Common Areas of the MultiShopping Center. As used herein, the term “Common Areas” shall mean and include all areas, facilities and improvements provided from time to time for the general, common or joint use on a non-Tenant Occupancy Dateexclusive basis by Landlord and the tenants of the Shopping Center, Tenant shall have including, without limitation, all parking spaces and areas, pedestrian sidewalks, driveways, curbing, retaining walls, truckways, access roads, ramps, loading docks, delivery areas, storm and sanitary sewer systems, signs, music program service, if any, landscaped and vacant areas and lighting facilities, including all utilities serving the same, whether located within or outside of the Shopping Center property, except as may be otherwise designated by Landlord for the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c)tenant. Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the The Common Areas shall be subject to all the exclusive control and management of Landlord and to such rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by as Landlord in its discretion may from time to time, including the designation of specific areas within adopt. Tenant shall refrain from doing any act which interferes with Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked exclusive control and to accommodate the reasonable requests and requirements management of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas Area or the Demised Premises which would interfere with the use of Common Area by others. Landlord hereby reserves the right at any time or enjoyment from time to time to: (a) change the areas, locations and arrangement of parking areas and other Common Areas; (b) enter into, modify and terminate easements and other agreements pertaining to the maintenance and use of the premises demised under the Leases parking areas and other Common Areas; (c) close any or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize all portions of the Common Areas for outdoor eventsto such extent and from such time as may, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes sole discretion of Landlord’s counsel, be legally necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; (d) close temporarily, if necessary, any part of the Common Areas in order to discourage non-customer parking; (Ae) make changes, additions, deletions, alterations or improvements in and to such Common Areas, provided that there shall be no unreasonable obstruction of Tenant’s right of ingress to or egress from the Demised Premises; and (Bf) collectively, the “Promotional Rights”), subject to Landlord’s adopt reasonable rules and regulations applicable to all tenants of the Property with respect by which Tenant shall abide relating to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject Common Areas. Nothing contained herein shall be deemed to Landlord’s reasonable approval of such other uses)be a warranty, and (y) Tenant shall not exercise any Promotional Rights in a manner (representation or agreement by Landlord that the Shopping Center will be, or will continue to be as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact indicated on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Exhibit A without change. Landlord shall have may demolish buildings and improvements, build additional buildings, add additional floors, change the right to grant Promotional Rights to layout and otherwise change or reduce the Shopping Center buildings, the parking areas or Common Areas at any Third Party Tenanttime, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, as Landlord deems necessary or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsdesirable.
Appears in 1 contract
Samples: Shopping Center Lease Agreement
Common Areas. (a) During Common Area" is defined to mean all areas and facilities outside the Term, until Premises and within the occurrence exterior boundary line of the MultiProperty that are provided and designated by Landlord for the non-Tenant Occupancy Dateexclusive use or benefit of Landlord, Tenant and other tenants of the Property and their respective employees, agents, customers and invitees. Common Area may include, without limitation, parking areas, common loading and unloading areas, common trash areas, roadways, sidewalks, walkways, parkways, driveways, corridors, landscaped areas and any restrooms used in common by two or more tenants of the Property. Tenant, its employees, agents, customers and invitees shall have the non-exclusive right (in common with other tenants, Landlord, and any other person granted use by Landlord) to use of the Common Area. Tenant agrees to abide by and possession of all Common Areas (conform to, and to cause its employees, agents, customers and invitees to abide by and conform to, an rules and regulations established by Landlord, subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and Article 21. Landlord has the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlordright, in its reasonable sole discretion, shall determine as being compliant with the Legal Requirements and Encumbrancesfrom time to time, but subject to (1) make changes to the terms and conditions of this Master Lease relating to any conditionsCommon Area, rights or restrictions of Landlord’s and Landlord’s Related Users including without limitation changes in the Common Areas located wholly within the Propertylocation, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right size, shape and license to use the Common Areas in common with Landlordnumber of driveways, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space)entrances, for the sole purposes of accessparking spaces, parking areas, ingress, egress, loading walkways and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use sidewalks,(2) close temporarily any of the Common Areas shall be subject Area for maintenance or other purposes so long as reasonable access to all rules and regulations set forth in the applicable Encumbrances Premises is not materially impaired; (including, without limitation, any rights of any parties (including Landlord3) add additional improvements to reconfigure or alter such the Common Areas, at any time and from time to time), Area and the reasonableProperty; (4) use the Common Area while engaged in making additional improvements, nondiscriminatory rules repairs or alterations to the Property or any portion thereof; (5) so long as Tenant's access to the Premises is not materially impaired, do and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises perform any other acts or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in make any material respect. Furthermore, Tenant covenants not to do or permit to be done any act other changes in, on to or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of Common Area and Property as Landlord may, in the exercise of such Promotional Rights; providedsound business judgment, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may deem to be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)appropriate. Landlord shall have the sole right and authority to grant Promotional Rights operate, maintain and repair or cause to any Third Party Tenantbe operated, providedmaintained and repaired, thatthe Common Areas, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected subject to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith reimbursement pursuant to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsArticle 8.
Appears in 1 contract
Samples: Office Lease (Juina Mining Corp Inc)
Common Areas. As used in this Lease, the term "Common Areas" means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12
(a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements to materially impair or adversely affect Tenant's substantial benefit and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all enjoyment of the same Persons with respect to Premises, Landlord will have the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use right to:
(a) Close off any of the Common Areas shall be subject to all rules and regulations set forth whatever extent required in the applicable Encumbrances (including, without limitation, any rights reasonable opinion of Landlord to prevent a dedication of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with accrual of any rights by any person or the use or enjoyment public to the Common Areas;
(b) Temporarily close any of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlordfor maintenance, its other tenants, authorized users and assignsalteration, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.improvement purposes; and
(iic) Subject to the provisions of Article 27, change the size, use, shape, or nature of any applicable Encumbrancessuch Common Areas, Legal Requirements and Insurance Requirements and including erecting additional Buildings on the terms and conditions set forth in this Section 10.2(a)(ii)Common Areas, subsequent expanding the Building or other Buildings to the Multi-Tenant Occupancy Date with respect to cover a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions portion of the Common Areas, converting Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants a portion of the Property with respect Building or other Buildings, altering the Common Areas in order to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection comply with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses)ADA, and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or converting any portion of the Property Building (excluding the Premises) or other than Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise portion of the Promotional Rights in accordance with Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the foregoing provisionsCommon Areas.
Appears in 1 contract
Samples: Office Lease (Quest Software Inc)
Common Areas. (a) During The term "Common Areas" as used in this Lease shall mean all areas and facilities around the Term, until Premises and within the occurrence exterior boundaries of the MultiProperty which are provided and designated from time to time by Landlord for the general use and convenience of Tenant and other tenants or occupants of the Building and their respective employees, invitees or other visitors. Common Areas include, without limitation, the Common Services Space, the lobby area, walkways, parking facilities, landscaped areas, sidewalks, service quarters, hallways, restrooms (if not part of the Premises), stairways, elevators, walls, fire stairs, telephone and electric closets, truck docks, plazas, service areas, lobbies, darkroom, pantry, small conference room, glass wash room, equipment corridor, walk-in cold room, and all other common and service areas of the Property and Building or any other area of the Project intended for such use, other than Specialized Research Cores (defined in Section 9.2 hereof). Floors wholly occupied by Tenant Occupancy Dateshall not have any facilities which would be used in common with other tenants, Tenant except for fire stairs, shafts and similar installations. Tenant, its employees and invitees shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common along with Landlord, and their respective Related Users (including all of others entitled to use the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingsame, subject to Landlord's rights and duties as hereinafter set forth. Without advance notice to Tenant or consent of Tenant and without any liability to Tenant in any respect, Landlord shall have the provisions right to:
(a) establish and enforce reasonable rules and regulations concerning the maintenance, management, use and operation of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use the Common Areas;
(b) close off any of the Common Areas shall be subject to all rules and regulations set forth whatever extent required in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements opinion of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in its counsel to prevent a dedication of any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about of the Common Areas or the Demised Premises which would interfere with the use or enjoyment accrual of the premises demised under the Leases or any Recapture Space (or rights by any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), person or the public to the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.Areas;
(iic) Subject to the provisions of temporarily close any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor eventsmaintenance, activitiesalteration or improvement purposes;
(d) select, showsappoint and/or contract with any person for the purpose of operating and maintaining the Common Areas; and
(e) change the size, displaysuse, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales shape or nature of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants any of the Property Common Areas. Landlord shall use its reasonable efforts to minimize interference with Tenant's use of and access to the Premises when exercising Landlord's rights with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsCommon Areas set f011hin this Article IX.
Appears in 1 contract
Common Areas. (a) During Landlord shall substantially complete the Term, until Common Areas depicted on Exhibit A as such facilities are shown on Exhibit A. Landlord reserves the occurrence right to change from time-to-time the dimensions and location of the Multi-Tenant Occupancy DateCommon Areas, Tenant as well as the dimensions, identify and type of any buildings comprising the Project and to construct additional buildings or additional stories on existing buildings or other improvements on the Project. Landlord also reserves the right to dedicate portions of the Common Areas and other portions of the Project (excepting only the Premises) for street, park, utility and other public purposes. Provided, however, Xxxxxxxx agrees that its exercise of the rights it has reserved to itself pursuant to this Article 5 shall not unreasonably interfere with the operation of the Tenant’s business.
(b) Tenant, and its employees, customers, subtenants, licensees and concessionaires, shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas as constituted from time to time, such use to be in common with Landlord, and their respective Related Users (including all other tenants of the same Persons with respect Project and other persons entitled to use the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloadingsame, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas such right shall be subject to all such reasonable rules and regulations set forth in governing use as Landlord may from time to time prescribe. Tenant shall not solicit business or display merchandise within the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at or distribute handbills therein or take any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises action which would interfere with the rights of other persons to use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of Areas. Landlord may temporarily close any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions part of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales such periods of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that time as may be conducted on a regional basis with respect necessary to an affected Store (includingmake repairs or alterations. In addition, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights close all or a portion of such areas to such extent as may be necessary, in the opinion of Xxxxxxxx’s counsel, to prevent a dedication thereof or the acquisition of any Third Party Tenantrights therein by any person or by the public, provided, that, no such Promotional Rights closing not to unreasonably interfere with the conduct of Xxxxxx’s business. All such rules and regulations shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord applied and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsenforced equally among all such users.
Appears in 1 contract
Samples: Lease Agreement
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable EncumbrancesSections 6.8 and 6.9, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users Lessee shall have the nonexclusive, shared right to the reasonable use of all Common Areas as described on Exhibit 6.10 attached for the purposes intended, which use shall be in compliance with all Applicable Laws and Other Requirements and shall be subject to the terms of this Land Lease and to the Rules and Regulations. Lessee shall not interfere with the rights of any or all of Lessor, Lessor’s Agents, other lessees or licensees, or any other person entitled to use the Common Areas, including any excessive use thereof by Lessee or Lessee’s Agents.
(Ab) Lessor shall at all times have exclusive control of the Common Areas. Lessor shall have the right, exercisable in its sole and absolute discretion and without the same constituting an actual or constructive eviction and without entitling Lessee to utilize portions any abatement of Rent or other right or remedy, so long as none of the following prevents or unreasonably restricts Lessee from operating the Lessee Business on the Leased Premises, to: (i) close any part of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas whatever extent required in the parking lot opinion of Lessor to prevent a dedication thereof or the accrual of any prescriptive rights therein or to permit the holding of events or permit the temporary use thereof for advertising purposes charitable or commercial purposes; (ii) temporarily close the Common Areas to perform repairs or maintenance or for any other reason deemed sufficient by Lessor; (Aiii) change the shape, size, location and extent or hours of operation of the Common Areas; (Biv) collectively, eliminate from or add to the “Promotional Rights”Property any land or improvement; (v) make changes to the Common Areas (except for the location of Access Roads which is governed by Section 6.9), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden changes in the location of Site Amenities, entrances, passageways, doors and doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, sidewalks or the direction of the flow of traffic and the site of the Common Areas; (vi) remove unauthorized persons from the Common Areas, the Leased Premises and the Property; and/or patio shops)(vii) change the name or address of the Property. Lessee shall keep the Common Areas clear of all obstructions, debris or rubbish created or permitted by Lessee. If, in the reasonable opinion of Lessor, unauthorized persons are using any of the Common Areas by reason of the presence of Lessee at the Property, Lessee, upon demand of Lessor, shall restrain such unauthorized use by appropriate proceedings. In exercising any such rights regarding the Common Areas, Lessor shall make a reasonable effort to minimize any disruption to the Lessee Business.
(c) The easements, licenses and such other uses in connection with rights of use granted to Lessee pursuant to Sections 6.7, 6.8, 6.9 and this Section 6.10 and otherwise pursuant to this Land Lease (collectively, “Licenses”) shall expire and completely and automatically terminate (without any further action or instrument) upon the natural evolution expiration or sooner termination of Tenantthe Term. In Lessee’s generally permitted use of the Demised Premises (subject Licenses, Lessee shall cooperate with Lessor to Landlordcreate as little interference as practicable with Lessor’s reasonable approval of such other uses)operations on, and (y) Tenant Lessor’s use and enjoyment of, the Property. Lessee shall not exercise cause or permit any Promotional Rights in a manner (as opposed damage or injury to occur to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than that is subject to the Demised Premises Licenses, or any part thereof or person or property located thereon. Lessee shall be solely responsible for any damage caused by Lessee (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights or any officer, director or employee, agent, licensee or invitee thereof) to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with Common Areas and, upon Lessor’s request, shall promptly repair any such damage or promptly pay the foregoing provisionscost of such repair to Lessor, as elected by Lessor.
Appears in 1 contract
Common Areas. (a) During In accordance with the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions terms of this Master Lease, Legal Requirements Landlord grants to Tenant and Encumbrances) its agents, servants, employees, guests, invitees and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and patrons a non-exclusive license during the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions Term of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and others for their respective Related Users intended purposes (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of e.g. access, ingress, ingress and egress, loading and unloading, and parking), subject to the provisions reasonable control and management thereof by Landlord. Subject to the other terms of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s 's rights to use of the Common Areas shall remain in full force and effect during the Term of this Lease and shall only be subject terminated upon the expiration or earlier termination of this Lease. Landlord shall, at Landlord's sole cost and expense, operate and maintain or shall cause to all rules be operated and regulations maintained the Hotel in accordance with the terms and conditions of the License Agreement, specifically including, but not limited to, the requirements set forth in Section 5 thereof. Landlord has the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, right at any time time, and from time to time), to (i) establish, modify and the reasonable, nondiscriminatory enforce reasonable rules and regulations promulgated by Landlord in its discretion from time with respect to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
Areas; (ii) Subject enter into, modify and terminate easements and other agreements pertaining to the provisions use and maintenance of the Common Areas; (iii) close temporarily any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize or all portions of the Common Areas for outdoor eventsAreas; (iv) discourage non-customer use; and (v) do and perform such other acts in and to said Common Areas, activitiesas, showsin the exercise of good business judgment, displaysLandlord shall determine to be advisable; PROVIDED, temporary special promotional eventsHOWEVER, no such rule, regulation or action of Landlord shall materially and adversely interfere with Tenant's, its agents, servants, employees, guests, invitees and patrons access to the Premises, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) the license to utilize the lighting standards and Common Areas, or Tenant's ongoing business operations at the Premises. Landlord shall not allow buildings, structures, landscaping, kiosks, stands or other areas vending or obstructions in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants portion of the Property with respect to the manner Common Area located within ten (10) feet of certain exterior portions of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store Premises (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall but not exercise any Promotional Rights in a manner (as opposed limited to the nature of main entrance to the usePremise) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, as mutually agreed upon by Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate Tenant (the exercise of the Promotional Rights in accordance with the foregoing provisions"View Easement Area").
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of As used in this Master Lease, Legal Requirements and Encumbrances) and the term "Common Areas" shall be solely responsible therefor, including all maintenance and repairs relating theretomean those ------------ portions of, and shall pay all CAM Expenses and all Property Document CAM Expensesfacilities within, and the maintenance and repair obligations pursuant Shopping Center which are defined as "Common Areas" under the CC&R's. Tenant acknowledges that prior to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Commencement Date, Landlord shall operate enter into that certain Development Agreement (the "Development Agreement") with Xxxxxx Ranch Development Co. ("Developer"), a --------------------- --------- memorandum of which shall be recorded in the Official Records of Los Angeles County, California, as an encumbrance against the Shopping Center (the "Memorandum of Development Agreement"). The form of the Development Agreement ------------------------------------ and maintain (Memorandum of Development Agreement shall be subject to Tenant's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Prior to the Commencement Date, Landlord shall enforce its rights under the Development Agreement so as to cause Developer to be operated and maintained) construct the Common Areas located wholly within of the Property in Shopping Center substantially as shown on Exhibit A attached hereto, subject --------- to such a manner modifications as Landlordare permitted under the Development Agreement and/or CC&R's, in as applicable, provided that to the extent that Landlord has any right of approval or consent thereunder with respect to such modifications, Landlord shall obtain Tenant's prior written approval or consent thereto, which approval shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant, as well as its reasonable discretionagents, employees and customers (collectively, "Customers"), shall determine as being compliant with the Legal Requirements have and Encumbrances, but subject are granted such nonexclusive rights --------- to the terms and conditions use of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within as are provided under the PropertyCC&R's. Landlord and Tenant each hereby agree and acknowledge that this Lease is subject and subordinate to all matters of now of record or which are hereafter recorded as an encumbrance against the Landlord's Parcel (subject to Section 17 below), further ---------- including, without limitation, the CC&R's, the Development Agreement, the Memorandum of Development Agreement, and that certain Separate Agreement (the "Separate Agreement") to be entered into by and between Landlord and Developer ------------------- prior to the Commencement Date, a memorandum of which shall be recorded in the Official Records of Los Angeles County, California, as an encumbrance against the Shopping Center (the "Memorandum of Separate Agreement"); provided that -------------------------------- Tenant's prior approval shall be obtained as to any such future encumbrance which materially increases Tenant's rights under this Lease or materially increases Tenant's obligations or liabilities under this Lease). The form of the Separate Agreement and Memorandum of Separate Agreement shall be subject to Tenant’s 's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Each party shall in all respects comply with the CC&R's, Development Agreement, Separate Agreement, and other matters of record in performance of their respective obligations in Section 10.1(cunder this Lease. Landlord shall use commercially reasonable efforts to enforce the CC&R's, Development Agreement, Separate Agreement and other matters of record (including, without limitation, the rights of Landlord under the CC&R's, Development Agreement, Separate Agreement and other matters of record and the obligations of the other parties bound by the CC&R's, Development Agreement, Separate Agreement and other matters of record). Tenant shall have a nonexclusive right and license to use Without limiting the Common Areas in common with Landlord, and their respective Related Users (including all generality of the foregoing, if Tenant in good faith determines that the CC&R's, Development Agreement, Separate Agreement and/or any other matters of record are not being complied with, Landlord shall use commercially reasonable efforts to enforce compliance with the same Persons with respect by the non-complying party. Landlord agrees not to consent to or approve of any matter requiring the Recapture Space consent or approval of Landlord as owner of the Landlord's Parcel under the CC&R's, Development Agreement, Separate Agreement or other matters of record which would materially and Additional Recapture Space), for adversely affect the sole purposes operation of access, ingress, egress, loading and unloading, and parkingTenant's business from the Premises or the Shopping Center without the prior written consent or approval of Tenant.
(c) If permitted under the CC&R's, subject to the provisions of this Master LeaseSection 9(c), all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and Landlord may from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time consent to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment approve of the premises demised under ------------ addition of land to or elimination of land from the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be)Shopping Center, or the Common Areas by Landlord, its other tenants, authorized users and assignselimination or addition of any improvements, or changes to or in the other ownersshape, tenantssize, location, number, height or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any extent of the foregoing parties.
(ii) Subject improvements to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than Shopping Center; provided, however, that if Landlord has the Demised right under the CC&R's to consent to or approve of the same, Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, shall be required for any such change which would have an adverse affect upon Tenant's use or occupancy of or operation from the Premises, parking areas serving the Premises, the visibility of the Premises (“Third Party and/or Tenant”)'s exterior signage from the Common Areas exterior to the Premises and/or public rights-of-way adjacent thereto, or pedestrian or vehicular access to the Premises from the Common Areas and/or public rights-of-way adjacent thereto. Landlord shall have not change the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord dimensions or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise location of the Promotional Rights in accordance with Premises. In no event shall any kiosks be located within the foregoing provisionsCommon Areas on Landlord's Parcel.
Appears in 1 contract
Samples: Lease (Sport Chalet Inc)
Common Areas. (aA) During Lessor shall make available within or adjacent to the TermXXXXXX X. XXXXXXXXX, until the occurrence of the Multi-Tenant Occupancy DateTRUSTEE such Common Areas, Tenant shall have the exclusive use and possession of all together with any Common Areas (subject made available by means of cross easements and/or reciprocal construction, operating and easement agreements, as Lessor shall from time to all applicable provisions of this Master Leasetime, Legal Requirements deem to be appropriate for the XXXXXX X. XXXXXXXXX, TRUSTEE and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord Lessor shall operate and maintain such Common Areas for their intended purpose. Lessee shall have the non-exclusive right during the term of this Lease to use (or cause to be operated and maintainedfor their intended purposes) the Common Areas located wholly within the Property in such a manner as Landlordfor itself, in its reasonable discretionemployees, shall determine as being compliant with the Legal Requirements agents, customers, invitees, licensees and Encumbrancesconcessionaires subject, but subject to the terms and conditions of this Master Lease relating to any conditionshowever, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Article.
(B) All Common Areas shall be subject to all rules the exclusive control and regulations set forth in management of Lessor, and Lessor shall have the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areasright, at any time and from time to time), to establish, modify, amend and the reasonable, nondiscriminatory enforce uniform rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premisesthe common Areas and the use thereof. Lessee agrees to abide by and conform with such rules and regulations upon notice thereof, Tenantto cause its concessionaires, Landlord invitees and Landlord’s Related Users licensees and its and their employees and agents, to abide and conform. Lessor shall have the right to (Aa) to utilize portions of the Common Areas for outdoor eventsclose, activitiesif necessary, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than Common Areas to such extent as may in the Demised Premises opinion of Lessor's counsel be reasonably necessary to prevent a dedication or public taking thereof or the accrual of any rights of any person or of the public therein, (“Third Party Tenant”). Landlord shall have b) to close temporarily all or any portion of the right Common Areas to grant Promotional Rights discourage non- customers' use, (c) to use portions of the Common Areas while engaged in making additional improvements or repairs or alterations to the XXXXXX X. XXXXXXXXX, TRUSTEE, (d) to transfer, in whole or in part, any of Lessor's rights and/or obligations under this Article, to any Third Party Tenantother Lessee(s) sub-lessee(s) or other occupant(s) of the XXXXXX X. XXXXXXXXX, providedTRUSTEE or to such other party(ies) or designee(s) as lessor may from time to time determine, thatand (e) to do and perform such other acts (whether similar or dissimilar to the foregoing) in, no to and with respect to, the Common Areas as in the use of good business judgment Lessor shall determine to be appropriate for the XXXXXX X. XXXXXXXXX, TRUSTEE, lessee agrees to cause its officers, employees, agents, licensees and any concessionaires to park their respective automobiles, trucks and other vehicles only in such Promotional Rights shall be exercisable parking places in a manner the Common Areas designated by the Lessor from time to time as the employee parking area. Lessee further agrees, upon request, to furnish to Lessor the motor vehicle license numbers assigned to the vehicles of Lessee and any concessionaire, their respective officers, agents, employees and licensees, Lessor, after notice to Lessee that would reasonably be expected to have a material adverse impact on Tenant, Landlord Lessee or any of its officers, employees, agents, licensees, or concessionaires, are not parking in said employee parking area, may at its option, in addition to any other Third Party Tenantremedies it may have, tow away any such vehicle at Lessee's expense and/or impose a parking fine of $10.00 for each vehicle for each day or portion thereof that such violation(s) continues after five (5) days notice to Lessee. TenantLessee shall not at any time interfere with the rights of Lessor and other tenants, Landlord their officers, employees, agents, licensees, customers, invitees and Third-Party Tenants shall work cooperatively and in good faith concessionaires, to coordinate the exercise use any part of the Promotional Rights in accordance with parking areas and other Common Areas.
(C) In consideration of Lessor's agreement to operate and maintain the foregoing provisions.Common Areas, Lessee covenants and agrees to pay Lessee's Pro Rata Share of the Common Area Costs (as such terms are defined below) for each Lease
Appears in 1 contract
Samples: Office/Warehouse Lease Agreement (Ginsite Materials Inc)
Common Areas. (a) During the TermTenant and its employees, until the occurrence of the Multi-Tenant Occupancy Date, Tenant customers and invitees shall have the exclusive use reasonable nonexclusive right to use, in common with Landlord and possession the other tenants and occupants of all Common Areas (subject to all applicable provisions of this Master Leasethe Building and their respective employees, Legal Requirements customers and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses invitees and all Property Document CAM Expensesothers to whom Landlord has or may hereafter grant rights to use the same, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) public portion of the Common Areas located wholly within as may from time to time exist. Landlord shall have the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject right to the terms and conditions temporarily close any or all portions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within to such extent as may, in Landlord's opinion, be necessary to prevent a dedication thereof or the Property, further subject accrual of any rights to any person or the public therein provided that Landlord shall use reasonable efforts to minimize interference with Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s 's use of the Common Areas and shall be subject provide Tenant access to the Premises at all rules times. Landlord shall at all times have full control, management and regulations set forth in direction of the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, . Tenant shall not cause or allow any storage of materials or equipment outside of the Premises on any of the Common Areas. Landlord reserves the right at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to timereduce, including increase, enclose or otherwise change the designation size, number, location, layout and nature of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the Areas, to construct additional buildings and stories, to create additional rentable areas through use or enjoyment and/or enclosure of the premises demised under the Leases or any Recapture Space (or any adjacent shopping centerCommon Areas, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize close portions of the Common Areas for outdoor eventsmaintenance, activitiesrepair or replacement, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas place signs in the parking lot for advertising purposes ((A) Common Areas and (B) collectively, on the “Promotional Rights”), subject Building to Landlord’s reasonable rules and regulations applicable to all tenants change the name of the Property with respect Building and to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to change the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or use of any portion of the Property Building provided, however, any such action shall not materially and adversely affect Tenant's rights hereunder or Tenant's access to the Premises or parking available to Tenant (other than on a temporary basis) or the Demised Premises (“Third Party conduct of Tenant”). Landlord shall have 's business in the right to grant Promotional Rights to any Third Party ordinary course consistent with Tenant, provided, that, no such Promotional Rights shall be exercisable 's current operations in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsBuilding.
Appears in 1 contract
Common Areas. (a) During Landlord hereby grants to Tenant, during the Lease Term, until the occurrence nonexclusive right to use, in common with all others so entitled, the Common Areas of the MultiBuilding. As used herein, the term “Common Areas” shall mean and include all areas, facilities and improvements provided from time to time for the general, common or joint use on a non-Tenant Occupancy Dateexclusive basis by Landlord, Tenant shall have the tenants and other users of the Building, including, without limitation, designated parking spaces and parking garages, [ADD IF APPLICABLE common bicycle parking, shower facilities,] pedestrian sidewalks, driveways, curbing, retaining walls, truck-ways, access roads, ramps, loading docks, delivery areas, lobbies and lobby elevator areas, elevators, storm and sanitary sewer systems, signs, landscaped and vacant areas and lighting facilities, except as may be otherwise designated by Landlord for the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (any tenant or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c)other user. Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the The Common Areas shall be subject to all the exclusive control and management of Landlord and to such rules and regulations set forth in the applicable Encumbrances (includingas Landlord may, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within adopt. Tenant shall refrain from doing any act which interferes with Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked exclusive control and to accommodate the reasonable requests and requirements management of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlordothers. Landlord hereby reserves the right at any time or from time to time, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any but using commercially reasonable efforts not to unreasonably interfere with Tenant’s use of the foregoing parties.
Premises, to: (iia) Subject change the areas, locations and arrangement of all elements of the Real Property and the Building, including parking areas and other Common Areas, but excluding the space within the Premises; (b) enter into, modify and terminate easements and other agreements pertaining to the provisions maintenance and use of the parking garage and parking areas and other Common Areas; (c) close any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize or all portions of the Common Areas for outdoor eventsto such extent and from such time as may, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes sole discretion of Landlord’s counsel, be legally necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; (d) close temporarily, if necessary, any part of the Common Areas in order to discourage non-customer parking; (Ae) make changes, additions, deletions, alterations or improvements in and to such Common Areas, provided that there shall be no unreasonable obstruction of Tenant’s right of ingress to or egress from the Premises; and (Bf) collectively, the “Promotional Rights”), subject to Landlord’s reasonable adopt rules and regulations applicable to all tenants of the Property with respect by which Tenant shall abide relating to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject Common Areas. [IF APPLICABLE: Nothing contained herein shall be deemed to Landlord’s reasonable approval of such other uses)be a warranty, and (y) Tenant shall not exercise any Promotional Rights in a manner (representation or agreement by Landlord that the Building will be, or will continue to be, as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact indicated on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Exhibit A without change. Landlord shall have may demolish buildings and improvements, build additional buildings, add additional floors, change the right to grant Promotional Rights to layout and otherwise change or reduce, if applicable, any Third Party Tenantbuilding in the complex where the Building is located, providedthe parking areas or Common Areas at any time, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, as Landlord deems necessary or any other Third Party Tenantdesirable. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.]
Appears in 1 contract
Samples: Retail Lease
Common Areas. (a) During 4.01 Landlord, at Landlord's expense, shall provide and shall make available from time to time within the Term, until the occurrence boundaries of the Multi-Tenant Occupancy Datebuilding project such parking facilities, Tenant shall have the exclusive use driveways, entrances and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating exits thereto, landscape and shall pay all CAM Expenses and all Property Document CAM Expensesplanted areas, and the maintenance other improvements and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Datefacilities, whether similar or dissimilar, as Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to timetime deem appropriate (all the foregoing being collectively referred to in this Lease as "Common Areas"). Tenant and its officers, employees, agents, customers and invitees shall have a nonexclusive right, in common with Landlord and all others to whom Landlord has granted or may hereafter grant rights, to use the Common Areas. The Common Areas shall at all times be subject to the exclusive control and management of Landlord, and Landlord shall have the reasonableright from time to time to establish, modify and enforce reasonable and nondiscriminatory rules and regulations promulgated with respect to the Common Areas, and Tenant agrees, after notice thereof, to abide by such rules and regulations and to cause its officers, employees, agents, customers and invitees to conform thereto. Landlord, at Landlord's expense, shall construct, operate, manage, equip, repair, landscape, and maintain the Common Areas, for their intended purposes, in such manner as Landlord shall, in its discretion Landlord's sole discretion, from time to time determine. Landlord's rights respecting the Common Areas shall include (but shall not be limited to) the following:
a. to maintain and operate lighting facilities serving the Common Areas;
b. to supervise the Common Areas;
c. from time to time to change the area, level, location and arrangement of parking areas, parking spaces and other Common Area facilities, to make installations therein and to move or remove such installations, and to change the location of, or permanently diminish or discontinue the use of any portion of the Common Areas;
d. to restrict parking by tenants, their officers, agents, employees, customers and invitees, to designated areas and to specific parking spaces;
e. to discontinue, or restrict the use of, any portion of the Common Areas to such extent, and for such period of time, including as may in the designation opinion of specific areas within Landlord’s premises 's counsel be necessary to prevent a dedication thereof or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and the accrual of any rights to accommodate any person or the reasonable requests and requirements public therein;
f. to temporarily suspend the use of Landlord and all, or any portion of, the Common Areas; and
g. to take any other action with respect to the Common Areas, as Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermoreits sole discretion, Tenant covenants not to do or permit shall determine to be done any act in, on or about advisable.
4.02 Tenant's right to use the Common Areas or any specified portion thereof shall be deemed to be a revocable license, and Landlord shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, by reason of Landlord's exercise of any right or rights respecting Common Areas reserved pursuant to Section 4.01 hereof, nor shall the Demised Premises which would interfere exercise of any such right be deemed a constructive or actual eviction, provided that there shall be no unreasonable obstruction of Tenant's access to the demised premises or unreasonable interference with the Tenant's use or and enjoyment of the premises demised premises.
4.03 So long as Tenant is not in default beyond any grace period under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesterms, covenants and conditions of this Lease, Landlord will provide Tenant ten (10) assigned parking spaces and with access to the parking area for the parking of up to fifty (50) additional automobiles, at no charge.
4.04 With respect to the parking of vehicles at the building project:
(i) If Landlord elects to designate a specific parking zone for Tenant's use, Tenant shall require its personnel and visitors to park their vehicles only in parking zone designated by Landlord for Tenant's use for its personnel and visitors on a "first come, first served" basis. Landlord reserves the right at all times to redesignate such parking zones. Tenant, its personnel and visitors shall not at any time park any trucks or delivery vehicles in any of the parking areas.
(ii) Subject All use of parking spaces and any other parking areas by Tenant, its personnel and visitors will be at their own risk, and Landlord shall not be liable for any injury to person or property, or for loss or damage to any vehicle or its contents, resulting from theft, collision, vandalism or any other cause whatsoever, unless same is due to the provisions negligence or willful misconduct of any applicable EncumbrancesLandlord, Legal Requirements and Insurance Requirements and the terms and conditions set forth its agents or employees.
(iii) There shall be no overnight parking (unless approved in this Section 10.2(a)(iiadvance by Landlord), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights cause its personnel and visitors to remove their vehicles from the parking area at the end of the working day. If any vehicles owned by Tenant or by its personnel or visitors remains in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), parking area overnight and such other uses in connection the same interferes with the natural evolution cleaning or maintenance of Tenant’s generally permitted use said area, any costs or liabilities incurred by Landlord in removing said vehicle to effectuate cleaning or maintenance, or any damages resulting to said vehicle or to Landlord's equipment or equipment owned by others, by reason of the Demised Premises (subject presence of or removal of said vehicle during such cleaning or maintenance shall be paid by Tenant to Landlord’s reasonable approval , as additional rent on the rent payment date next following the rendition of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsxxxx therefor.
Appears in 1 contract
Samples: Lease Agreement (Gantos Inc)
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Multi‑Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Multi‑Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party third‑party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Multi‑Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party third‑party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Common Areas. (a) During As used in this Lease, the Termterm "Common Areas" shall mean those ------------ portions of, until and facilities within, the occurrence Shopping Center which are intended for the common non-exclusive use of the Multi-Tenant Occupancy Dateoccupants, Tenant shall have their customers, agents and employees including, without limitation, parking areas, driveways, malls, walkways, loading zones and landscaping. Prior to the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Commencement Date, Landlord shall operate and maintain (or cause to be operated and maintained) construct the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingShopping Center substantially as shown on Exhibit A attached hereto, subject to the provisions of this Master Leasesuch modifications as are --------- desired by Landlord, all Encumbrancesprovided that Tenant's prior written approval thereof is obtained, which approval shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant, as well as its agents, employees and customers (collectively, "Customers"), shall have and are granted complete, nonexclusive ---------- and undisturbed access to, and use of all applicable Legal Requirements and Insurance RequirementsCommon Areas. Tenant’s 's use of the Common Areas shall be subject to all such reasonable, non-discriminatory rules and regulations as may be promulgated and thereafter amended and supplemented by Landlord from time to time as Landlord deems necessary or advisable for proper and efficient use, operation and maintenance of the Common Areas, provided that all such rules and regulations shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed and in no event shall such rules and regulations increase the monetary obligations owing from Tenant to Landlord under this Lease. Except as may be required by Law, in no event shall there ever be a charge for use of the parking facilities within the Center. If any such charge is required by applicable Law, Landlord shall establish systems of validation to enable Tenant to provide parking without charge for its customers using such parking facilities for a reasonable period not less than three (3) hours. Landlord may from time to time establish, as a part of the rules subject to the Tenant's approval as set forth in the initial sentence of this Section, such employee parking systems (which shall be free of any charge to Tenant or its employees, unless such a charge is required by applicable Encumbrances Law, in which event such charge shall be borne by Landlord) as are not unreasonably burdensome to the operation of Tenant's business, and provide sufficient means of transportation and security for access to and use of such employee parking. Without limiting the generality of the foregoing, Tenant shall use commercially reasonable efforts to cause its employees to park within the employee parking areas designated by Landlord to the north, northeast and west of the Premises but not within the portion of the Shopping Center which is both (x) south of the Premises and (y) east of main drive aisle into the Shopping Center from Foothill Boulevard (between Pad building "A" and "C" as shown on Exhibit A). Landlord shall use reasonable --------- efforts to prevent use of the Common Areas by other than Shopping Center occupants and their Customers. Landlord shall cause the Common Areas to be maintained and operated in a first-class, professional manner and condition as is customary and appropriate for the operation of first-class retail centers comparable to the Shopping Center in the vicinity of the Shopping Center. So long as access, parking and other essential services are reasonably available so as to avoid any adverse affect upon the operation of Tenant's business from the Premises, Landlord may at any time (i) close any of the Common Areas to make repairs or changes or to such extent as may, in Landlord's reasonable opinion, be necessary to prevent dedication thereof or the accrual of rights to any person or to the public therein, (ii) close temporarily any or all of the Common Areas to discourage non-customer parking, and (iii) perform such other acts in and to the Common Areas as, in Landlord's good business judgment, are advisable to improve the use thereof by occupants and tenants, their employees and invitees, so long as the same is effected in a manner to minimize interference with the operation of business of the occupants of the Shopping Center including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Tenant. Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about maintain the Common Areas or well lighted during Tenant's normal business hours and until 11:00 P.M. every day (and until midnight during the Demised Premises which would interfere with the use or enjoyment month of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may beDecember), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(iic) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii9(c), subsequent Landlord may from ------------ time to time add land to or eliminate land from the Multi-Tenant Occupancy Date with respect Shopping Center, or eliminate or add any improvements, or change or consent to a Demised Premiseschange in the shape, Tenantsize, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions location, number, height or extent of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) improvements to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than Shopping Center; provided, however, that Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, shall be required for any such change which would have an adverse affect upon Tenant's use or occupancy of or operation from the Demised Premises, parking areas serving the Premises, the visibility of the Premises (“Third Party and/or Tenant”)'s exterior signage from the Common Areas exterior to the Premises and/or public rights-of-way adjacent thereto, or pedestrian or vehicular access to the Premises from the Common Areas and/or public rights-of-way adjacent thereto. Landlord shall have not change the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord dimensions or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise location of the Promotional Rights in accordance with Premises. In no event shall any kiosks be located within the foregoing provisionsCommon Areas.
Appears in 1 contract
Samples: Lease (Sport Chalet Inc)
Common Areas. (a) During All parking areas, access roads and facilities furnished, made available or maintained by Landlord in or near the TermHotel Complex, until including employee parking areas, truck ways, driveways, loading docks and areas, delivery areas, multi-story parking facilities, package pickup stations, elevators, escalators, pedestrian sidewalks, courts and ramps, landscaped areas, retaining walls, stairways, lighting facilities, sanitary systems, utility lines, water filtration and treatment facilities, those areas within and adjacent to the occurrence Hotel Complex for ingress and egress to and from the Hotel Complex, which from time to time may be provided by Landlord or others for the convenience, use or benefit of the Multi-Tenant Occupancy Datetenants of the Hotel Complex, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements occupants and Encumbrances, but subject to visitors of the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, Hotel Complex and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space)concessionaires, for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees invitees and invitees licensees, those areas, if any, upon which temporary or permanent off-site utility systems or parking facilities serving the Hotel Complex, may from time to time be located and other areas and improvements provided by Landlord for the general use in common of any of tenants and their customers in the foregoing parties.
Hotel Complex (iiall herein called “Common Areas”) Subject shall at all times be subject to the provisions exclusive control and management of any applicable EncumbrancesLandlord, Legal Requirements and Insurance Requirements Landlord shall have the right, from time to time, to establish, modify and the terms enforce reasonable rules, regulations and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date requirements with respect to a Demised all Common Areas. Tenant agrees to comply with, and to cause Tenant’s employees and contractors to comply with, all rules, regulations and requirements set forth by Landlord, and all amendments thereto, relating to the Common Areas, Premises or Hotel Complex. So long as the same does not materially and adversely affect Tenant’s access, ingress and egress to the Premises, Tenant, Landlord and Landlord’s Related Users shall have the right from time to (A) time to: change or modify and add to utilize portions or subtract from the sizes, locations, shapes and arrangements of parking areas, entrances, exits, parking aisle alignments and other Common Areas; designate parking areas for Landlord, Landlord’s employees and tenants, and/or limit the total number of such employee spaces; restrict parking by Tenant and Tenant’s employees to designated areas; construct surface, sub-surface or elevated parking areas and facilities; establish and from time to time change the level or grade of parking surfaces; add to or subtract from the buildings in the Hotel Complex; eliminate such access as may, from time to time, be available to the Hotel Complex; and do and perform such other acts in and to said Common Areas as Landlord, in Landlord’s sole and absolute discretion deems advisable for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilitiesthe use thereof by tenants and their customers. Tenant further acknowledges that this Section 5.1 shall be for the benefit of, and including carnivalsdirectly enforceable by, automobile Landlord. Landlord shall provide Tenant, throughout the Lease Term and boat shows and salesat no charge, sales of rugswith ten (10) reserved parking spaces, carsor ten (10) spaces within a separate, spassecured parking area on Hotel grounds. In the event that Landlord determines, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable sole and absolute discretion, to provide parking or transportation facilities for the Hotel Complex, Landlord may charge a fee to users thereof and may impose and enforce such uniform rules and regulations applicable to all tenants concerning the use thereof (including a prohibition of the Property with respect to the manner of the exercise of such Promotional Rights; provideduse by tenant’s employees) as Landlord may, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses)sole and absolute discretion, and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)deem desirable. Landlord shall have the right at any and all times to grant Promotional Rights utilize portions of Common Areas for promotions, exhibits, entertainments, product and other shows, displays, the leasing of kiosks or food and/or beverage facilities, or such other uses as may in Landlord’s judgment tend to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable attract the public to benefit the Hotel Complex. Except as specifically otherwise provided in a manner that would reasonably be expected to have a material adverse impact on Tenantthis Lease, Landlord or any may do such other Third Party Tenant. Tenantacts in and to the Hotel Complex and those Common Areas located on the Hotel Complex as in Landlord’s sole and absolute discretion may be desirable, Landlord and Third-Party Tenants shall work cooperatively and in good faith including, but not limited to, the conversion of portions thereof to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsother uses.
Appears in 1 contract
Samples: Lease (Premier Exhibitions, Inc.)
Common Areas. (a) During In addition to the Term, until the occurrence of the Multi-Tenant Occupancy DatePremises, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause those certain common areas to be operated and maintained) designated by the Common Areas located wholly within Landlord from time to time on the Property in Property; such a manner as Landlord, in its reasonable discretion, areas shall determine as being compliant with the Legal Requirements and Encumbrancesinclude, but subject to not be limited to, parking areas, access roads and facilities, interior corridors, sidewalks, driveways and landscaped and open areas (collectively, the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the “Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(cAreas”). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s The use of the Common Areas shall be for the nonexclusive use of Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and all other tenants of the Property and all such other persons to whom Landlord has previously granted, or may hereinafter grant, rights of usage; provided that such nonexclusive use shall be expressly subject to all such reasonable rules and regulations set forth in which may be adopted by the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and Landlord from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same . Tenant shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not be entitled to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor eventsstorage of goods, activitiesvehicles, showsrefuse or any other items. Landlord reserves the right to alter, displaysmodify, temporary special promotional eventsenlarge, including sales diminish, reduce or eliminate the Common Areas from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) time to utilize the lighting standards and other areas time in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rightsits sole discretion; provided, that (x) however, it does not unreasonably and materially interfere with Tenant’s Promotional Rights shall include, use and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use occupancy of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Premises. Landlord shall have the right to grant Promotional Rights modify Common Areas, and if necessary, parts of the Premises, in order to implement new, necessary security measures and Landlord shall endeavor to minimize any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact effect on Tenant’s use of the Premises. If Tenant shall use any of the Common Areas for storage of any items, Tenant shall pay all fines imposed upon either Landlord or Tenant by any fire, building or other Third Party Tenant. Tenantregulatory body, and Tenant shall pay all costs incurred by Landlord to clear and Thirdclean the Common Areas and dispose of such items, including but not limited to, a disposal fee of twenty-Party Tenants shall work cooperatively five dollars ($25.00) for each pallet or other container and in good faith to coordinate the exercise of the Promotional Rights in accordance fifty dollars ($50.00) for each drum, together with the foregoing provisionsany additional costs for testing and special disposal, if required.
Appears in 1 contract
Samples: Lease Agreement (UWM Holdings Corp)
Common Areas. (a) During As used in this Lease, the Termterm “Common Areas” shall mean all areas and facilities within the Project that are not designated by Landlord for the exclusive use of Tenant, until the occurrence Landlord, or any other tenant of the Multi-Project, including but not limited to parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, landscaped areas, recreation areas, and green belts, and does not include [exclusions to definition of common areas].
(b) Landlord shall have exclusive control over the Common Areas, provided that Tenant Occupancy Dateand Tenant’s employees, Tenant agents, suppliers, shippers, customers, and invitees shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all during the term of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingthis Lease, subject to the provisions of rights reserved by Landlord under this Master Lease, all Encumbrances, Lease and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be further subject to all rules and regulations set forth in governing the applicable Encumbrances (including, without limitation, any rights use of any parties (including Landlord) to reconfigure or alter such the Common Areas, at any time and Areas from time to time)time issued by Landlord.
(c) Landlord shall have the right, and the reasonablewithout it constituting an actual or constructive eviction of Tenant, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation without any abatement of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies rent under this Master LeaseLease and without notice to or the consent of Tenant, in to
(i) close any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about part of the Common Areas or to the Demised Premises which would interfere with extent necessary in Landlord’s opinion to prevent the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants accrual of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.prescriptive rights;
(ii) Subject to the provisions of temporarily close any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions part of the Common Areas to repair and maintain them or for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and any other charity events reasonable purpose;
(including charity walks); or (Biii) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to change the nature of the useCommon Areas, including without limitation changes in the location, size, shape, and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, and walkways;
(iv) that would reasonably be expected eliminate from or Add to have a material adverse impact on Landlord Project any land or any third party tenant to whom Landlord has leased or licensed all or any portion improvement;
(v) designate additional property outside the boundaries of the Property Project to be a part of the Common Areas;
(vi) remove unauthorized persons from the Project;
(vii) change the name or address of the Building or the Project;
(viii) use or allow the use of the Common Areas while engaged in maintenance, repairs, construction, or other than alterations to the Demised Premises Project; and
(“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or ix) perform any other Third Party Tenant. Tenant, acts and make other changes or alterations in the Common Areas and the Project as Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsmay deem reasonably appropriate.
Appears in 1 contract
Samples: Industrial Lease
Common Areas. (a) During 10.1. Landlord hereby grants to Tenant, its employees, invitees and permitted sublessees and assigns, during the Term, until the occurrence of the Multi-Tenant Occupancy Datenonexclusive right to use, Tenant shall have the exclusive use and possession of in common with all Common Areas (subject to all applicable provisions of this Master Leaseothers so entitled, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements for pedestrian and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c)vehicular traffic. Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the The Common Areas shall be subject to all the exclusive control and management of Landlord and to such reasonable rules and regulations set forth in the applicable Encumbrances (includingas Landlord may, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked adopt and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have reserves the right to (A) change the areas, locations and arrangement of parking areas and other Common Areas; to utilize enter into, modify and terminate easements and other agreements pertaining to the maintenance and use of the parking areas and other Common Areas; to close any or all portions of the Common Areas to such extent and for outdoor eventssuch time as may, activitiesin the sole discretion of Landlord's counsel, showsbe legally necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily, displaysif necessary, temporary special promotional eventsany part of the Common Areas in order to discourage noncustomer parking; and to make changes, additions, deletions, alterations or improvements in and to such Common Areas, including sales methods of ingress to and egress from temporary facilitiessuch Common Areas, provided that there shall be no material obstruction of Tenant's right of ingress to or egress from the Premises, nor shall there be any change in the location of the primary entrances to the Building, or in the configuration of the interior Common Areas providing access and ingress and egress to and from the Premises, or in the configuration of the parking areas set aside for Tenant's use as provided in Section 10.3. Landlord shall enforce any rules and regulations adopted in a nondiscriminatory manner.
10.2. Subject to the express provisions and limitations of this Lease, Landlord shall operate, maintain and repair all Common Areas and all major Building components, including carnivalsstructural, automobile mechanical, electrical and boat shows heating, ventilating and salesair conditioning systems, sales in a manner consistent with the standards of rugsoperation, carsmaintenance and repair employed by Tenant during its occupancy under that certain lease agreement captioned "Lease" between Landlord and Tenant, spasdated June 1, plants 1995, as amended
10.3. Tenant shall cause it and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) its employees to utilize park only in the lighting standards and other areas in of the parking lot as provided and designated from time to time by Landlord for advertising purposes employee parking. Tenant shall have the exclusive right to use those spaces in the southeast parking lot numbered 1, 2, 3, 4, 5, 8, 9, 23, 24, 25, 26, 27, 28, 29, 40, 41, 42 and 43 and the handicapped space marked "Stone" (provided it is used only by a disabled employee) on Exhibit "B-3" for parking of its vehicles and those of its employees. Within ten (A10) days after a request by Landlord, Tenant shall deliver to Landlord a list of Tenant's and its employees' automobiles, which such list shall set forth the description of and the license numbers assigned to such automobiles and their state of issue. Thereafter, Tenant shall promptly advise Landlord of any changes, additions or deletions in such list. If any automobile appearing on said list is parked in any area of the Landlord's Parcel other than the area designated by Landlord at any time after Landlord has given notice to Tenant that the same automobile has previously been parked in violation of this provision, then Tenant shall pay to Landlord the sum of Ten Dollars (B$10) collectivelyper day for each such automobile for each day (or part thereof) it is parked in violation of this provision. Tenant shall pay such sum to Landlord within ten (10) days after receipt of notice from Landlord. In addition to the foregoing, Tenant hereby authorizes Landlord in such event to attach violation stickers or notices to any of Tenant's automobiles, or automobiles belonging to Tenant's employees parked in violation of the “Promotional Rights”), subject foregoing covenant and to remove from the Landlord’s reasonable rules 's Parcel at Tenant's cost and regulations applicable to all expense any such automobiles that are parked in parking spaces designated by Landlord as "Visitor" spaces or for the exclusive use of other tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, Building. Tenant hereby waives and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, releases Landlord and Third-Party Tenants shall work cooperatively hereby indemnifies and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsholds Landlord harmless from all claims, liabilities, costs and expenses which may arise therefrom.
Appears in 1 contract
Common Areas. (a) During Landlord hereby grants to Tenant, during the Lease Term, until the occurrence nonexclusive right to use, in common with all others so entitled, the Common Areas of the MultiBuilding. As used herein, the term “Common Areas” shall mean and include all areas, facilities and improvements provided from time to time for the general, common or joint use on a non-Tenant Occupancy Dateexclusive basis by Landlord, Tenant shall have the tenants and other users of the Building, including, without limitation, designated parking spaces and parking garages, [ADD IF APPLICABLE common bicycle parking, shower facilities,] pedestrian sidewalks, driveways, curbing, retaining walls, truck-ways, access roads, ramps, loading docks, delivery areas, lobbies and lobby elevator areas, elevators, storm and sanitary sewer systems, signs, landscaped and vacant areas and lighting facilities, except as may be otherwise designated by Landlord for the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (any tenant or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c)other user. Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the The Common Areas shall be subject to all the exclusive control and management of Landlord and to such rules and regulations set forth in the applicable Encumbrances (includingas Landlord may, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within adopt. Tenant shall refrain from doing any act which interferes with Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked exclusive control and to accommodate the reasonable requests and requirements management of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlordothers. Landlord hereby reserves the right at any time or from time to time, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any but using commercially reasonable efforts not to unreasonably interfere with Tenant’s use of the foregoing parties.
Premises, to: (iia) Subject change the areas, locations and arrangement of all elements of the Real Property and the Building, including parking areas and other Common Areas, but excluding the space within the Premises; (b) enter into, modify and terminate easements and other agreements pertaining to the provisions maintenance and use of the parking garage and parking areas and other Common Areas; (c) close any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize or all portions of the Common Areas for outdoor eventsto such extent and from such time as may, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes sole discretion of Landlord’s counsel, be legally necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; (d) close temporarily, if necessary, any part of the Common Areas in order to discourage non-visitor parking; (Ae) make changes, additions, deletions, alterations or improvements in and to such Common Areas, provided that there shall be no unreasonable obstruction of Tenant’s right of ingress to or egress from the Premises; and (Bf) collectively, the “Promotional Rights”), subject to Landlord’s reasonable adopt rules and regulations applicable to all tenants of the Property with respect by which Tenant shall abide relating to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses)Common Areas. [IF APPLICABLE Landlord may demolish buildings and improvements, build additional buildings, add additional floors, change the layout and (y) Tenant shall not exercise otherwise change or reduce, if applicable, any Promotional Rights building in a manner (the complex where the Building is located, the parking areas or Common Areas at any time, as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord deems necessary or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)desirable. Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.]
Appears in 1 contract
Samples: Lease Agreement
Common Areas. (a) During Tenant and its employees, agents, invitees and licensees are also granted the Termright, until in common with others, to the occurrence non-exclusive use of such of the Multi-Tenant Occupancy Dateareas as are from time to time designated by Landlord as “Common Areas” within the Shopping Center, Tenant shall have subject to the exclusive use control and possession management thereof at all times by Landlord and the exclusive rights of all certain tenants and/or other occupants of the Shopping Center in and to portions of such areas. The Common Areas (subject shall include the facilities in the Shopping Center which are designated for the general use, in common, of the occupants of the Shopping Center, and to all applicable provisions of this Master Leasethe extent the same are provided, Legal Requirements and Encumbrances) and shall be solely responsible thereforthe parking areas, including all sidewalks, roadways, loading platforms, restrooms, ramps, maintenance and repairs relating theretomechanical areas, management offices, promotion offices, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, landscaped areas. Landlord shall will operate and maintain (or will cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use maintained the Common Areas in common with Landlord, a manner deemed by Landlord to be reasonable and their respective Related Users (including all appropriate and in the best interests of the same Persons Shipping Center. Landlord will have the right (i) establish, modify and enforce reasonable rules and regulations with respect to the Recapture Space Common Areas; (ii) enter into, modify and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading terminate easements and unloading, and parking, subject other agreements pertaining to the provisions of this Master Lease, all Encumbrances, use and all applicable Legal Requirements and Insurance Requirements. Tenant’s use maintenance of the Common Areas shall be subject to and any portions thereof; (iii) close any or all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor eventsto such extent as may, activitiesin the opinion of Landlord, showsbe necessary to prevent a dedication thereof or the accrual of any rights by an person or by the public therein; (iv) close temporarily and or all portions of the Common Areas; (v) change the number and location of buildings, displaysbuilding dimensions, temporary special promotional eventsnumber of floors in any of the buildings, including sales from temporary facilitiesstore dimensions, driveways, Common Areas, the identity and type of other stores and tenants, provided only that the size of the Premises (as herein defined), reasonable access to the Premises and the parking facilities to be provided shall not be materially impaired, and including carnivals, automobile (vi) do and boat shows perform such other acts in and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of Common Areas and improvements therein as, in the exercise of such Promotional Rights; providedgood business judgment, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right determine to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsadvisable.
Appears in 1 contract
Samples: Lease Agreement (Dgse Companies Inc)
Common Areas. (a) During the TermTenant, until the occurrence of the Multi-Tenant Occupancy Date, Tenant its employees and invitees shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas as constituted for general use of occupants of the Building from time to time (except for mechanical rooms, janitorial closets and other areas intended for systems maintenance and not for access by tenants or the general public), such use to be in common with Landlord, and their respective Related Users (including all other tenants of the same Persons with respect to the Recapture Space Project and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading other persons and unloading, and parking, subject to the provisions of Rules and Regulations set forth in Exhibit D attached hereto and by this Master Leasereference made a part hereof, all Encumbrances, as such Rules and all applicable Legal Requirements and Insurance RequirementsRegulations may be amended from time to time provided such amendments are nondiscriminatory in nature. Tenant’s use of Subject to the Common Areas shall be subject to all rules and regulations limitations set forth in the applicable Encumbrances (includingnext sentence, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and Landlord reserves the right from time to timetime to undertake any or all of the activities described below, provided such reservation of rights shall not: (i) materially affect Tenant’s use or enjoyment of or access to the Premises, the Parking Area or Tenant’s other rights under this Lease, or increase the amount of Rentable Area in the Premises; (ii) increase Tenant’s Rent; or (iii) reduce the number of Tenant’s parking privileges set forth herein (but the Landlord may grant reserved parking spaces to one or more tenants). In connection therewith, and Landlord reserves the reasonablefollowing rights: to add to, nondiscriminatory rules and regulations promulgated by Landlord in its discretion or subtract from, or change from time to time, including the designation dimensions and location of specific the Common Areas, it being understood that Landlord may, at its option, add areas within Landlord’s premises to or remove areas from the Common Areas; to create any additional improvements in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use to alter or enjoyment of the premises demised under the Leases or remove any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or improvements in the Common Areas Areas; to convert areas previously designated by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, Landlord as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions part of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales to an area leased to one or more tenants or to designate previously leased space other than the Premises as part of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) the Common Areas provided equitable adjustments are made to utilize the lighting standards and other areas Rentable Area in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject Building; to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect make alterations or additions to the manner of Building and to any other buildings or improvements within the exercise of Project; to operate and/or maintain such Promotional RightsCommon Areas in conjunction with other parties; providedto construct, that (x) Tenant’s Promotional Rights shall includeor permit others to construct, other buildings or improvements within the Project; and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted permit special use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses)Common Areas, and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)including temporary exclusive use for special occasions. Landlord shall have is not obligated to construct or provide for Tenant any improvements outside the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable Building except as otherwise expressly provided in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsthis Lease.
Appears in 1 contract
Samples: Lease Agreement (Chelsea Therapeutics International, Ltd.)
Common Areas. (a) During the Term, until the occurrence The use and occupation by Tenant of the Multi-Tenant Occupancy Date, Tenant Premises shall have include a right to the exclusive use in common with others entitled thereto of the common areas and possession of all Common Areas (subject other facilities as may be designated from time to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as time by Landlord, in its reasonable discretionsubject, shall determine as being compliant with the Legal Requirements and Encumbranceshowever, but subject to the terms and conditions of this Master Lease relating Lease. All common areas and facilities not within the Premises, which Tenant may be permitted to use and occupy pursuant to this paragraph, are to be used and occupied under a revocable license. If the measure of such areas is diminished by Landlord, Landlord shall not be subject to any conditionsliability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such diminution of such areas be deemed constructive or actual eviction.
(b) Landlord shall at all times during the term of this Lease have the following rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space common area and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.facilities:
(ii1) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right from time to grant Promotional Rights time to alter and modify the common areas and other facilities as it deems desirable in its sole discretion;
(2) Landlord may discontinue the existence of the common area subject to the requirements of laws and ordinances applicable thereto;
(3) Landlord may uniformly promulgate and enforce such rules and regulations relating to the use of the common areas and other facilities as Landlord deems necessary or desirable. Landlord shall exercise the foregoing rights in such a manner as to minimize the interference with Tenant's beneficial enjoyment of the premises.
(c) Notwithstanding anything to the contrary, during the term of this Lease, Landlord shall at all times operate and maintain the restrooms adjacent to the Premises (as depicted in the attached Exhibit B) and Tenant shall have continuous right of access and use of such restrooms. Landlord represents, warrants and covenants that such restrooms, including any Third Party Tenantimprovements made by Landlord, provided, that, no such Promotional Rights shall be exercisable in compliance with all laws and regulations, and built in a good and workmanlike manner that would reasonably with good materials, and the equipment and Landlord services serving such restrooms shall be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsworking order.
Appears in 1 contract
Samples: Lease Agreement (Cellular Technical Services Co Inc)
Common Areas. (a) During Subject to the TermBuilding Rules and other provisions of this Lease, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the non-exclusive access to, use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating theretoof, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) enjoyment of the Common Areas located wholly within the Property in such twenty-four (24) hours a manner as Landlordday, in its reasonable discretion, shall determine as being compliant fifty-two (52) weeks a year for purposes consistent with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c)their intended use. Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use All of the Common Areas shall be subject to all rules (i) the exclusive but reasonable control, management and regulations set forth in regulation of the applicable Encumbrances Landlord and (including, without limitation, any rights ii) the terms of any parties (including Landlord) to reconfigure this Lease. The Tenant shall not obstruct or alter such damage the Common Areas. Subject to the terms of this Lease, at any time and from time to time)the Landlord shall have the right, and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including to change the designation location, size, appearance or configuration of specific areas within the Common Areas, provided that such changes do not materially or unreasonably (a) limit the Tenant’s access to the Premises, (b) reduce or eliminate the Landlord’s premises or in reasonable proximity thereto in which automobiles owned by provision of any amenities (e.g., the Fitness Center (subject to the provisions of Section 15.02), the Auditorium, etc.) and/or (c) materially and adversely affect (I) the Tenant’s Related Users Permitted Use and the benefit of the Premises and/or (II) access, use of, and enjoyment of the Common Areas. The Tenant shall be parked and make no changes or alterations to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas and the Tenant shall not materially obstruct in any way the Landlord’s or the Demised Premises which would interfere with the any other person’s right of access, use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions Areas. All of the Common Areas which the Tenant may be permitted to use hereunder shall be used and occupied under a non-exclusive right for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, access and including carnivals, automobile and boat shows and sales, sales use with others. If the Common Areas are changed or restricted by the Landlord as set forth hereinabove or if the Tenant’s use thereof is affected by the use of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectivelyothers as permitted hereinabove, the “Promotional Rights”), Landlord shall not be subject to Landlord’s reasonable rules and regulations applicable any personal liability for diminution of use, nor shall the Tenant be entitled to all tenants any compensation or diminution or abatement of Base Rent, nor shall such change, restriction or use by others be deemed a constructive or actual eviction of the Property with respect Tenant, excepting changes that materially and adversely affect the Tenant’s Permitted Use, the benefit of the Premises and its access rights to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord ATM or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenantnight depository, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsthis Lease.
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence Landlord hereby agrees that Tenant's lease of the Multi-Tenant Occupancy Date, Tenant shall have Premises includes the exclusive nonexclusive right to use in common with Landlord and possession other tenants or other occupants of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, the Building and the maintenance Property and repair obligations pursuant their agents, employees, guests, subtenants, licensee and invitees, the "Common Areas" of the Building and the Property. Section 7.03(b) contains certain restrictions on Landlord's right to Section 10.1.
(i) From and after change certain Common Areas. "Common Areas" means those portions of the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) Land and/or the Property intended at the applicable point in time at which the Common Areas located wholly within are to be delineated to be for the common use by the tenants and/or occupants of the Property and those portions of the Building intended at the applicable point in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in time at which the Common Areas located wholly within are to be delineated to be for the Propertycommon use of tenants and/or occupants of the Building, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlordor any portion thereof, and their respective Related Users (including all of the same Persons with respect to the Recapture Space customers, employees, lessees, licensees and Additional Recapture Space)invitees, for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the which Common Areas shall include, without limitation, any so-called "Limited Common Areas" i.e., areas adjacent to one or more of the buildings at the Property, the use of which Common Areas may be subject restricted in whole or in part to all rules and regulations set forth in the applicable Encumbrances tenant(s) of such building or buildings. Common Areas shall include, without limitation, those portions of the Property designated from time to time by Landlord as (i) plaza areas, (ii) pedestrian walkways, (iii) parking premises including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time)parking garages, and the reasonable(iv) those roads, nondiscriminatory rules exits, entrances, driveways, ramps, streets, curb cuts, pedestrian walkways and regulations promulgated by Landlord in its discretion sidewalks which are intended for use as pedestrian and/or vehicle access, ingress and egress from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize various portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) Property to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectivelypremises, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants other portions of the Property and public streets. Common Areas shall include with respect to the manner Building, elevators, public stairways, loading areas, ground floor lobbies and other similar facilities intended at the applicable point in time at which the Common Areas are to be delineated to be for the benefit of the exercise of such Promotional Rights; providedBuilding tenants and invitees, that (x) Tenant’s Promotional Rights shall includeand, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (includingany partial floor which Tenant may lease in the Building, without limitationthe corridors and passenger and freight elevator lobbies of such floors and the public restrooms on such floors. So long as Tenant leases 100% of the Building, outdoor garden and/or patio shops)Landlord shall not grant to any third parties the right to use the Common Areas of the Building, and such other uses than in connection with the natural evolution of Tenant’s generally permitted use operation, repair, replacement and maintenance of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), Building and (y) Tenant Landlord shall not exercise any Promotional Rights in a manner (as opposed only use the Building lobby and elevators for purposes related to the nature operation, repair, replacement and maintenance of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsBuilding.
Appears in 1 contract
Common Areas. (a) During Landlord hereby grants to Tenant, for the Termbenefit of Tenant and its employees, until suppliers, shippers, customers and invitees, during the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions term of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible thereforthe non-exclusive right to use, including all maintenance and repairs relating theretoin common with others entitled to such use, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with terms hereof or under the Legal Requirements terms of any rules and Encumbrances, but regulations or restrictions governing the use of the Building or the Complex and subject to the terms requirements and conditions limitations on the use of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in parking areas. Under no circumstances shall the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areas. Any such storage shall be permitted only by the prior written consent of Landlord 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. During the Lease Term, Tenant may use, in common with Landlord’s employees, contractors, agents, invitees, and their respective Related Users (including all other tenants, those portions of the same Persons with respect Building that are designated by Landlord from time to time as be available for common use (the Recapture Space “Common Facilities”). The Common Facilities include certain conference and Additional Recapture Space)training rooms designated by Landlord from time to time. Notwithstanding the foregoing, for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the any Common Areas Facilities shall be subject to all 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 set forth now or hereafter in existence or established by Landlord form time to time for the applicable Encumbrances (includingcommon 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, without limitationwhich shall be paid by Tenant. Landlord reserves the right in its sole and absolute discretion to close, any rights of any parties (including Landlord) to reconfigure reduce or alter such expand the Common Areas, Facilities at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Common Areas. (a) During Subject to subparagraph (b) below and the Term, until the occurrence remaining provisions of the Multi-Tenant Occupancy Datethis Lease, Tenant shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Leaseright, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with others, to the use of such entrances, lobbies, fire vestibules, restrooms (excluding restrooms on any full floors leased by a tenant), mechanical areas, ground floor corridors, elevators and elevator foyers, electrical and janitorial closets, telephone and equipment rooms, loading and unloading areas, the Property’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 Property as are designated from time to time by Landlord for the general nonexclusive use of Landlord, Tenant and the other tenants of the Property and their respective Related Users employees, agents, representatives, licensees and invitees (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space“Common Areas”), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s The use of the such Common Areas shall be subject to all the rules and regulations set forth contained herein and the provisions of any covenants, conditions and restrictions affecting the Building or the Property. Tenant shall keep all of the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant’s operations, and shall use the Common Areas only for normal activities, parking and ingress and egress by Tenant and its employees, agents, representatives, licensees and invitees to and from the Premises, the Building or the Property. If, in the applicable Encumbrances reasonable opinion of Landlord, unauthorized persons are using the Common Areas by reason of the presence of Tenant in the Premises, Tenant, upon demand of Landlord, shall correct such situation by appropriate action or proceedings against all such unauthorized persons. Nothing herein shall affect the rights of Landlord at any time to remove any such unauthorized persons from said areas or to prevent the use of any of said areas by unauthorized persons. Landlord reserves the right to make such changes, alterations, additions, deletions, improvements, repairs or replacements in or to the Building, the Property (including the Premises), the Centre and the Common Areas as Landlord may reasonably deem necessary or desirable, including, without limitation, any rights constructing new buildings and making changes in the location, size, shape and number of any parties driveways, entrances, parking spaces, parking areas, loading areas, landscaped areas and walkways; provided, however, that (including Landlordi) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users there shall be parked no unreasonable permanent obstruction of access to or use of the Premises resulting therefrom and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not materially increase Tenant’s obligations or decrease materially impair its rights hereunder, and (ii) Landlord shall use commercially reasonable efforts to minimize any interruption with Tenant’s rights or remedies under use of the Premises. Notwithstanding any provision of this Master LeaseLease to the contrary, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas shall not in any event be deemed to be a portion of or included within the Demised Premises which would interfere with leased to Tenant and the use or enjoyment Premises shall not be deemed to be a portion of the premises demised Common Areas. This Lease is granted subject to the terms hereof, the rights and interests of third parties under existing liens, ground leases, easements and encumbrances affecting such property, all zoning regulations, rules, ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction over the Leases Property or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiespart thereof.
(iib) Subject Notwithstanding any provision of this Lease to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenantcontrary, Landlord and Landlord’s Related Users shall have specifically reserves the right to redefine the terms “Centre” and “Property” for purposes of allocating and calculating Operating Expenses so as to include or exclude areas as Landlord shall from time to time determine or specify (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); any such determination or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject specification shall be without prejudice to Landlord’s reasonable rules and regulations applicable right to all tenants of the Property with respect to the manner of the exercise of revise thereafter such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store determination or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”specification). In addition, Landlord shall have the right to grant Promotional Rights contract or otherwise arrange for amenities, services or utilities (the cost of which is included within Operating Expenses) to be on a common or shared basis to both the Property (i.e., the area with respect to which Operating Expenses are determined) and other portions of the Centre, so long as the basis on which the cost of such amenities, services or utilities is allocated to the Property is determined on an arms-length basis or some other basis reasonably determined by Landlord and provided, however, that there shall not be a material increase in Tenant’s costs or obligations hereunder as a result thereof. In the case where the definition of the Property or the Centre is revised for purposes of the allocation or determination of Operating Expenses, Tenant’s Proportionate Share shall be appropriately revised. The Rentable Area of the Property and the Centre is subject to adjustment by Landlord from time to time to reflect any remeasurement thereof by Landlord’s architect, at Landlord’s request, and/or as a result of any additions or deletions to any Third Party Tenantof the buildings in the Centre as designated by Landlord. Landlord shall have the sole right to determine which portions of the Centre and other areas, providedif any, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected served by common management, operation, maintenance and repair. Landlord shall have the exclusive rights to have a material adverse impact on Tenantthe airspace above and around, Landlord or any and the subsurface below, the Premises and other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise portions of the Promotional Rights in accordance with Building and the foregoing provisionsCentre.
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence So long as Tenant is leasing all of the Multi-Tenant Occupancy Datespace in the Building, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingentire Premises, subject to the provisions of this Master Lease and subject to the rights of access of Landlord under this Lease. If, however, Tenant exercises any of its “give back rights” under this Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by then Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) reasonably designate “Common Areas”, which shall mean all areas, space, facilities, equipment and signs made available by Landlord in the Building or on the Property for the common and joint use and benefit of Tenant and other tenants and permittees of Landlord, and their respective employees, agents, subtenants, concessionaires, licensees, customers, and other invitees, and may include the sidewalks, parking areas, driveways, yard area, landscaped areas, lobbies, restrooms, stairs, ramps, elevators, exits and/or service corridors, to utilize portions the extent not contained within any area exclusively appropriated for the use of the any occupant. If Common Areas for outdoor eventsare designated by Landlord, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) then Landlord also reserves the right to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s impose reasonable rules and regulations applicable relating to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject Common Areas; to Landlord’s reasonable approval of such construct, maintain and operate lighting and other uses)facilities, equipment and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature signs on all of the use) that would reasonably be expected Common Areas; and to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed close temporarily all or any portion of the Property other than Common Areas for the Demised Premises purpose of making repairs or changes thereto. If Common Areas are designated by Landlord, Tenant is hereby given a license (“Third Party Tenant”). in common with all others to whom Landlord has or may hereafter grant rights) to use, during the Lease Term, the Common Areas as they may now or at any time during the Lease Term exist; provided, however, that if the size, location or arrangement of such Common Areas or the type of facilities at any time forming a part thereof are changed or diminished, Landlord shall have the right to grant Promotional Rights not be subject to any Third Party Tenantliability therefor, providednor shall Tenant be entitled to any compensa-tion or diminution or abatement of Rent therefor, that, no nor shall such Promotional Rights shall change or diminution of such areas be exercisable in deemed a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord constructive or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsactual eviction.
Appears in 1 contract
Samples: Office Lease (Express Scripts Inc)
Common Areas. (a) During Landlord hereby grants to Tenant a non-exclusive license to use, in common with all others to whom Landlord has or may hereafter grant such license, the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Leaseas hereinafter defined) located on Landlord's Property. "Common Areas" means the parking areas, Legal Requirements and Encumbrances) and shall be solely responsible thereforroadways, including all maintenance and repairs relating theretopedestrian sidewalks, and shall pay all CAM Expenses delivery areas, landscaped areas and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (other areas or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as improvements designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including for the designation common use of specific areas within the tenants or occupants of Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users 's Property. Tenant shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about keep the Common Areas free and clear of litter, trash and debris resulting from or attributable to Tenant's operation from the Demised Premises which would interfere with and shall cause its employees to park only in the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions portion of the Common Areas specifically designated by Landlord for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events parking. Parking shall not be permitted on Landlord's Property for more than twenty-four (including charity walks); 24) consecutive hours or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject on any public or private street adjacent to Landlord’s reasonable rules and regulations applicable to all tenants 's Property. Tenant shall not obstruct, interfere with or impede the use of the Property Common Areas. Landlord reserves the right, with respect to the manner of Common Areas and Landlord's Property, to (a) establish rules and regulations for the exercise of such Promotional Rightsuse thereof; provided, that (xb) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed temporarily close all or any portion thereof as Landlord deems necessary to prevent the dedication thereof or the accrual of any rights to any person or to the public therein; (c) increase, diminish, change or reconfigure the layout of the Property Common Areas and to rent portions thereof; (d) install, place upon or affix to the roof over the Premises and the exterior walls of the Premises, such equipment, signs, displays, antennas and other than the Demised Premises objects or structures of any kind as Landlord may desire; and (“Third Party Tenant”)e) increase, decrease, reconfigure and/or add to Landlord's Property. Landlord shall have maintain the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights Common Areas in good condition and repair and reasonably clear of snow and debris. Nothing herein contained shall be exercisable in a manner that would reasonably construed as requiring Landlord to remove any debris, ice or snow from the sidewalks adjoining the Premises, which shall be expected to have a material adverse impact on the responsibility of Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisions.
Appears in 1 contract
Samples: Lease (U-Store-It Trust)
Common Areas. (a) During Landlord hereby grants to Tenant a non-exclusive license to use, in common with all others to whom Landlord has or may hereafter grant such license, the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Leaseas hereinafter defined) located on Landlord’s Property. “Common Areas” means the parking areas, Legal Requirements and Encumbrances) and shall be solely responsible thereforroadways, including all maintenance and repairs relating theretopedestrian sidewalks, and shall pay all CAM Expenses delivery areas, landscaped areas and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (other areas or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as improvements designated by Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including for the designation common use of specific areas within the tenants or occupants of Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users Property. Tenant shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about keep the Common Areas free and clear of litter, trash and debris resulting from or attributable to Tenant’s operation from the Demised Premises which would interfere with and shall cause its employees to park only in the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions portion of the Common Areas specifically designated by Landlord for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events parking. Parking shall not be permitted on Landlord’s Property for more than twenty-four (including charity walks); 24) consecutive hours or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject on any public or private street adjacent to Landlord’s reasonable rules and regulations applicable to all tenants Property. Tenant shall not obstruct, interfere with or impede the use of the Property Common Areas. Landlord reserves the right, with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, Common Areas and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses)Property, to (a) establish rules and regulations for the use thereof; (yb) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed temporarily close all or any portion thereof as Landlord deems necessary to prevent the dedication thereof or the accrual of any rights to any person or to the public therein; (c) increase, diminish, change or reconfigure the layout of the Property Common Areas and to rent portions thereof; (d) install, place upon or affix to the roof over the Premises and the exterior walls of the Premises, such equipment, signs, displays, antennas and other than the Demised Premises objects or structures of any kind as Landlord may desire; and (“Third Party Tenant”)e) increase, decrease, reconfigure and/or add to Landlord’s Property. Landlord shall have maintain the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and Common Areas in good faith to coordinate the exercise condition and repair and reasonably clear of the Promotional Rights in accordance with the foregoing provisionssnow and debris.
Appears in 1 contract
Samples: Lease (U-Store-It Trust)
Common Areas. Landlord and Tenant acknowledge that as the Premises constitutes all (aor substantially all) During the Term, until the occurrence of the Multi-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 Occupancy Dateand, 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 Landlord and possession of all other reasonably designated parties, such Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) Areas. The manner in which the Common Areas located wholly within are maintained and operated shall be at the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with discretion of Landlord and the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas thereof shall be subject to all rules such reasonable and non-discriminatory rules, regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by restrictions as Landlord in its discretion may make from time to time, including provided that such rules, regulations and restrictions do not unreasonably interfere with the designation 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 specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users elements of the Project and the Common Areas; provided that no such changes shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease permitted which materially reduce Tenant’s rights or remedies under access hereunder. Except when and where Tenaxx’x xight of access is specifically excluded in this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right of access to (A) to utilize portions of the Common Areas for outdoor eventsPremises, activities, shows, displays, temporary special promotional events, including sales from temporary facilitiesthe Building, and including carnivalsthe Project parking facility twenty-four (24) hours per day, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events seven (including charity walks); or (B7) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, days per week during the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, Lease Term,” as that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described term is defined in Section 10.2(a)(ii)(A) that is consistent with2.1, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsbelow.
Appears in 1 contract
Samples: Office Lease (Dexcom Inc)
Common Areas. (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject A. Subject to the terms and conditions of this Master the Lease relating and such rules and regulations as Lessor may from time to any conditionstime impose in writing, rights Lessee and Lessee's employees, agents, invites, customers and contractors shall, in common with Lessor and the occupants of the Center and their respective employees, agents, invites, customers and contractors and others entitled to the use thereof have the right to use the access roads and parking areas located on the Land (unless such parking areas are specifically designated by Lessor for use by a particular tenant) and those facilities provided and designated by Lessor for the general use and convenience of the tenants of the Center, which roads, areas and facilities as they may from time to time exist are referred to herein as "Common Areas". Lessor reserves the right from time to time to increase or restrictions decrease the number of Landlord’s roads, areas and Landlord’s Related Users in facilities comprising the Common Areas located wholly within and to make changes in the Propertyshape, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right size, location and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s extent thereof provided that such changes will not affect Lessee's use of the Leased Premises in a materially adverse manner.
X. Xxxxxx shall, throughout the term of this Lease, including any extensions and renewals thereof, operate, manage and maintain all Common Areas within the Center. The manner in which such areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), maintained and the reasonable, nondiscriminatory rules amount and regulations promulgated by Landlord in its discretion from time nature of the expenditures to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users be made for such maintenance shall be parked and to accommodate determined at the reasonable requests and requirements sole discretion of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing partiesLessor.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users X. Xxxxxx shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed close all or any portion of the Property Common Areas to the extent as may be legally sufficient to prevent a dedication thereof or the accrual of rights of any person or the public therein, provided, however, that Lessor shall restrict the period of any such closing to the minimum time necessary under applicable law to prevent such dedication and accrual of rights.
D. Lessee shall not at any time park or permit the parking of Lessee's trucks or other than vehicles, or the Demised Premises (“Third Party Tenant”). Landlord trucks or other vehicles of Lessee's suppliers or any others, adjacent to loading areas so as to interfere in any way with the use of such areas by other tenants, nor shall have Lessee at any time permit the parking of Lessee's trucks, or the trucks of Lessee's suppliers, or others in any portion of the parking lot not designated by Lessor for such use by Lessee.
E. Lessee shall not at any time operate, nor shall it permit its employees, agents, invites, customers or contractors to operate any truck or other vehicle in such manner as to directly or indirectly damage any portion of the Center, including damage to the Center caused by excessive wear and tear of the improved portions of the Common Areas.
X. Xxxxxx reserves the right to grant Promotional Rights promulgate such reasonable rules and regulations relating to any Third Party Tenantthe use of the Common Areas, providedand part or parts thereof, that, no such Promotional Rights as Lessor may deem appropriate. The rules and regulations shall be exercisable binding upon Lessee seven (7) days after delivery of a copy thereof to Lessee, and Lessee agrees to abide by such rules and regulations and to cooperate in their observance. The rules and regulations may be amended by Lessor from time to time, with or without advance notice to Lessee, and all amendments shall be effective seven (7) days after delivery of a manner that would reasonably be expected copy thereof to Lessee. Any such changes shall not have a material adverse impact effect on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionslessee's operations.
Appears in 1 contract
Common Areas. (a) During As used in this Lease, the Termterm “common areas” means, until without limitation, the occurrence hallways, entryways, parking areas, driveways, walkways, terraces, loading areas, trash facilities and all other areas and facilities in the Project which are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and other tenants of the Multi-Tenant Occupancy DateProject and their respective employees, Tenant shall have invitees, licensees or other visitors. Landlord grants Tenant, its employees, invitees, licensees and other visitors a nonexclusive license for the exclusive Term to use and possession of all Common Areas (subject the common areas in common with others entitled to all applicable provisions of this Master Leaseuse the common areas, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating Lease. Without advance notice to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons except with respect to matters covered by Subsection (a) below) and without any liability to Tenant in any respect, Landlord will have the Recapture Space right to:
(a) establish and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all enforce reasonable rules and regulations set forth concerning the maintenance, management, use and operation of the common areas;
(b) close off any of the common areas to whatever extent required in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements opinion of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not its counsel to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees prevent a dedication of any of the foregoing parties.common areas or the accrual of any rights by any person or the public to the common areas, provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Premises;
(iic) Subject to temporarily close any of the provisions common areas for maintenance, alteration or improvement purposes;
(d) select, appoint or contract with any person for the purpose of any applicable Encumbrancesoperating and maintaining the common areas, Legal Requirements and Insurance Requirements and the on such terms and conditions set forth in this Section 10.2(a)(ii)as Landlord deems reasonable;
(e) change the size, subsequent to use, shape or nature of any such common areas, provided such change does not deprive Tenant of the Multi-substantial benefit and enjoyment of the Premises. So long as Tenant Occupancy Date with respect to a Demised is not thus deprived of the substantial use and benefit of the Premises, Tenant, Landlord and Landlord’s Related Users shall will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of any concourse, parking spaces, toilets or other public conveniences in the Project, without incurring any liability to Tenant or entitling Tenant to any abatement of rent and such action will not constitute an actual or constructive eviction of Tenant; and
(Af) erect one or more additional building on the common areas, expand the existing Building or other buildings to utilize portions cover a portion of the Common Areas for outdoor eventscommon areas, activitiesconvert common areas to a portion of the Building (excluding the Premises) or other buildings to common areas. Upon erection of any additional buildings or change in common areas, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales the portion of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); the Project upon which buildings or (B) structures have been erected will no longer be deemed to utilize be a part of the lighting standards and other areas common areas. In the event of any such changes in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store size or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to LandlordBuilding or common areas of the Building or Project, Landlord may make an appropriate adjustment in the Rentable Area of the Building or the Building’s reasonable approval pro rata share of such other uses)exterior common areas of the Project, as appropriate, and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed corresponding adjustment to the nature Tenant’s Share of the use) that would reasonably be expected Operating Expenses payable pursuant to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion Article 5 of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenantthis Lease, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsabove.
Appears in 1 contract
Samples: Office Lease (Go Daddy Group, Inc.)
Common Areas. (a) During Subject to subparagraph (b) below and the Term, until the occurrence remaining provisions of the Multi-Tenant Occupancy Datethis Lease, Tenant shall have the non-exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Leaseright, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with others, to the use of such entrances, lobbies, fire vestibules, restrooms (excluding restrooms on any full floors leased by a tenant), mechanical areas, ground floor corridors, elevators and elevator foyers, electrical and janitorial closets, telephone and equipment rooms, loading and unloading areas, the Property’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 Property as are designated from time to time by Landlord for the general nonexclusive use of Landlord, Tenant and the other tenants of the Property and their respective Related Users employees, agents, representatives, licensees and invitees (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space“Common Areas”), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s The use of the such Common Areas shall be subject to all the rules and regulations set forth contained herein and the provisions of any covenants, conditions and restrictions affecting the Building or the Property. Tenant shall keep all of the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant’s operations, and shall use the Common Areas only for normal activities, parking and ingress and egress by Tenant and its employees, agents, representatives, licensees and invitees to and from the Premises, the Building or the Property. If, in the applicable Encumbrances reasonable opinion of Landlord, unauthorized persons are using the Common Areas by reason of the presence of Tenant in the Premises, Tenant, upon demand of Landlord, shall correct such situation by appropriate action or proceedings against all such unauthorized persons. Nothing herein shall affect the rights of Landlord at any time to remove any such unauthorized persons from said areas or to prevent the use of any of said areas by unauthorized persons. Landlord reserves the right to make such changes, alterations, additions, deletions, improvements, repairs or replacements in or to the Building, the Property (including the Premises), the Centre and the Common Areas as Landlord may reasonably deem necessary or desirable, including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time constructing new buildings and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas making changes in the location, size, shape and number of driveways, entrances, parking lot for advertising purposes ((A) spaces, parking areas, loading areas, landscaped areas and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rightswalkways; provided, that (x) such acts do not unreasonably interfere with Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withuse or occupancy of the Premises or access thereto. Notwithstanding any provision of this Lease to the contrary, the historical practices Common Areas shall not in any event be deemed to be a portion of or included within the Premises leased to Tenant at that Store or that may and the Premises shall not be conducted on deemed to be a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use portion of the Demised Premises Common Areas. This Lease is granted subject to the terms hereof, the rights and interests of third parties under 40 TEXAS WITH BASE YEAR existing liens, ground leases, easements and encumbrances affecting such property, all zoning regulations, rules, ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction over the Property or any part thereof.
(subject b) Notwithstanding any provision of this Lease to the contrary, Landlord specifically reserves the right to redefine the terms “Centre” and “Property” for purposes of allocating and calculating Operating Expenses so as to include or exclude areas as Landlord shall from time to time determine or specify (and any such determination or specification shall be without prejudice to Landlord’s reasonable approval of right to revise thereafter such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord determination or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”specification). In addition, Landlord shall have the right to grant Promotional Rights contract or otherwise arrange for amenities, services or utilities (the cost of which is included within Operating Expenses) to be on a common or shared basis to both the Property (i.e., the area with respect to which Operating Expenses are determined) and other portions of the Centre, so long as the basis on which the cost of such amenities, services or utilities is allocated to the Property is determined on an arms-length basis or some other basis reasonably determined by Landlord. In the case where the definition of the Property or the Centre is revised for purposes of the allocation or determination of Operating Expenses, Tenant’s Proportionate Share shall be appropriately revised. The Rentable Area of the Property and the Centre is subject to adjustment by Landlord from time to time, but only as a result of any additions or deletions to any Third Party Tenantof the buildings in the Centre, provided, thathowever, in no such Promotional Rights event will Tenant’s Proportionate Share increase during the initial Term. Landlord shall have the sole right to determine which portions of the Centre and other areas, if any, shall be exercisable in a manner that would reasonably be expected served by common management, operation, maintenance and repair. Landlord shall have the exclusive rights to have a material adverse impact on Tenantthe airspace above and around, Landlord or any and the subsurface below, the Premises and other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise portions of the Promotional Rights in accordance with Building and the foregoing provisionsCentre.
Appears in 1 contract
Samples: Office Lease (Markit Ltd.)
Common Areas. Except as otherwise set forth in Section 6.02(b) above with respect to issues arising out of the American with Disabilities Act (which section shall specifically govern such issues) or as set forth in Section 6.02(a) above with respect to issues relating to Hazardous Materials (which section shall specifically govern such issues), notwithstanding any provision in Section 5 of the Lease to the contrary (a) During Landlord, at its sole cost and expense (except as set forth herein below), shall be responsible for correcting any violations of applicable Laws with respect to the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject including, without limitation those portions of the Base Building therein) to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
extent (i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users violations exist in the Common Areas located wholly within prior to the PropertyExpansion Effective Date, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have (ii) the correction of such violations is required as a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all result of the same Persons with respect to the Recapture Space and Additional Recapture SpaceTenant Improvement Work (defined in Exhibit B hereto), for or (iii) the sole purposes correction of access, ingress, egress, loading such violations is required on a Building-wide basis by applicable Law and unloading, and parking, subject to not required as a result of (1) the provisions specific nature of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. the Tenant’s use of the Expansion Space (other than the Permitted Use) or (2) an Alteration or improvement in the Expansion Space which is performed by or on behalf of Tenant (other than the Tenant Improvement Work defined in Exhibit B hereto); provided, however, that (b) with respect to the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitationlimitation those portions of the Base Building therein), any rights of any parties Tenant shall cause (including Landlord) to reconfigure or alter such Common Areasor, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in option, Tenant shall reimburse Landlord for the reasonable proximity thereto in cost of causing): (i) compliance which automobiles owned by is required as a result of the specific nature of Tenant’s Related Users shall be parked and to accommodate use of or business in the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Expansion Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as other than the case may bePermitted Use), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
; (ii) Subject compliance which is required as a result of the acts or omissions of Tenant, its agents, employees or contractors whether pursuant to the provisions terms hereof or the Lease (other than the mere act of making repairs, alterations, additions or improvements and applying for permits for the same, which actions shall be governed by subsection (iv) below); (iii) compliance which is required as a result of the Tenant’s arrangement of any applicable Encumbrancesfurniture, Legal Requirements and Insurance Requirements and equipment or other property in the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks)Expansion Space; or (Biv) to utilize the lighting standards and other areas compliance which is required as a result of an Alteration or improvement in the parking lot for advertising purposes Expansion Space performed by or on behalf of Tenant (other than the Tenant Improvement Work defined in Exhibit B hereto). Any costs incurred by Landlord pursuant to (A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect not directly reimbursed by Tenant to the manner extent required by) this Section 6.02(c)(2)) shall be included in the definition of Expenses only to the exercise extent expressly permitted pursuant to Section 2 of such Promotional RightsExhibit B to the Lease; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, providedhowever, that, no such Promotional Rights solely for purposes of calculating Tenant’s Pro Rata Share of Expenses for the Expansion Space, any references in Sections 2.01(i), 2.02(h) and 2.02(r) thereof to “the date of this Lease” shall be exercisable in a manner that would reasonably be expected interpreted to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate mean “the exercise of the Promotional Rights in accordance with the foregoing provisionsExpansion Effective Date”.
Appears in 1 contract
Samples: Lease Agreement (Netsuite Inc)
Common Areas. (a) During In accordance with the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions terms of this Master Lease, Legal Requirements Landlord grants to Tenant and Encumbrances) its agents, servants, employees, guests, invitees and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and patrons a non-exclusive license during the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions Term of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and others for their respective Related Users intended purposes (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of e.g. access, ingress, ingress and egress, loading and unloading, and parking), subject to the provisions reasonable control and management thereof by Landlord. Subject to the other terms of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s 's rights to use of the Common Areas shall remain in full force and effect during the Term of this Lease and shall only be subject terminated upon the expiration or earlier termination of this Lease. Landlord shall, at Landlord's sole cost and expense, operate and maintain or shall cause to all rules be operated and regulations maintained the Hotel in accordance with the terms and conditions of the License Agreement, specifically including, but not limited to, the requirements set forth in Section 5 thereof. Landlord has the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, right at any time time, and from time to time), to (i) establish, modify and the reasonable, nondiscriminatory enforce reasonable rules and regulations promulgated by Landlord in its discretion from time with respect to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
Areas; (ii) Subject enter into, modify and terminate easements and other agreements pertaining to the provisions use and maintenance of the Common Areas; (iii) close temporarily any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize or all portions of the Common Areas for outdoor eventsAreas; (iv) discourage non-customer use; and (v) do and perform such other acts in and to said Common Areas, activitiesas, showsin the exercise of good business judgment, displaysLandlord shall determine to be advisable; PROVIDED, temporary special promotional eventsHOWEVER, no such rule, regulation or action of Landlord shall materially and adversely interfere with Tenant's, its agents, servants, employees, guests, invitees and patrons access to the Premises, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) the license to utilize the lighting standards and Common Areas, or Tenant's ongoing business operations at the Premises. Landlord shall not allow buildings, structures, landscaping, kiosks, stands or other areas vending or obstructions in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than Common Area located within fifty (50) feet of all exterior walls of the Demised Premises (“Third Party Tenant”). Landlord shall have regardless of whether such walls are on the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord exterior or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise interior of the Promotional Rights in accordance with Hotel and/or Casino) (the foregoing provisions"View Easement Area").
Appears in 1 contract
Common Areas. (a) During the TermThe Landlord agrees to maintain parking areas, until the occurrence sidewalks, roadways, exits and entrances of the Multi-Tenant Occupancy Date, shopping center. The Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Leaseright, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject an appurtenance to the terms and conditions of this Master Lease relating to any conditionsPremises, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas parking areas, roadways, sidewalks, entrances and exits and other common facilities within the shopping center in common with Landlord, and their respective Related Users (including all of the same Persons with respect others entitled to the Recapture Space use thereof, in accordance with and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Leaselease and such reasonable regulations with respect to the use thereof as the Landlord shall from time to time establish. The Landlord may make from time to time reasonable changes in any of the common facilities in the shopping center, all Encumbranceswhich in the sole judgment of the Landlord, will not detract from the usefulness or attractiveness of such common facilities, except Landlord will not construct any new buildings in the area designated the "No Build Area" on Exhibit "A". The Tenant agrees not to cause or permit any obstruction or other interference with any roadway, sidewalk, or other common facility appurtenant to the Premises. No trucks or other delivery vehicles shall park or be permitted to park in the parking areas within the shopping center, and all applicable Legal Requirements loading or unloading of merchandise, supplies, fixtures, equipment and Insurance Requirements. Tenant’s use furniture shall be done at and through the proper service entrance or entrances in the rear or the side of the Common Areas shall be subject Premises.
(b) The Landlord agrees during the term hereof to operate, manage and maintain all rules such parking areas, roads, and regulations set forth other common facilities within the Shopping Center, exclusive of the parking areas and landscaping in the applicable Encumbrances (includingPremises, without limitationif any, and to maintain the landscaping, drainage and lighting facilities therefor, all in such manner and at such cost as the Landlord in its sole judgment may determine, it being understood and agreed that the Landlord shall not be liable for any rights inconvenience or interruption of business or other consequence resulting from the making of repairs, replacements, improvements, alterations or additions or by doing of any parties other work with respect to such common facilities, where such delay or failure is attributable to strikes or other labor conditions, inability to obtain labor or materials or services, or to any other cause beyond the Landlord's reasonable control.
(including Landlordc) The Tenant agrees to reconfigure or alter require its employees to park their cars only in such Common Areas, at any time and areas as the Landlord may from time to time)time designate as employees' parking areas.
(d) Common area shall mean all service areas, parking areas, accessways, sidewalks, common area lighting systems, landscape areas, common area utility systems, directional and pylon signs and like items. Tenant, as additional rent, agrees to pay to Landlord, without offset or deduction, in equal monthly installments on the reasonablefirst day of each and every calendar month during the primary term hereof and any extension periods, nondiscriminatory rules (pro-rata for that portion of the calendar month in which the term hereof shall commence, if such portion is shorter than a full month) as its share of the cost to Landlord of keeping and regulations promulgated maintaining the parking areas and other common facilities, the annual amount equal to Tenant's pro-rata share as defined hereinafter of all costs and expenses of every kind and nature as may be paid, incurred or amortized by Landlord in its discretion from time operating, managing, equipping, lighting, repairing, replacing and maintaining the common areas including but not limited to, parking areas, common facilities and related services, properly identification and traffic signs, and in policing the Shopping Center and affording protection thereof against fire (if and to timethe extent that such policing and/or fire protection is provided) as determined in accordance with generally accepted accounting principles and allocated to any particular fiscal year on the accrual method of accounting. Such costs and expenses shall include, but shall not be limited to: maintaining, cleaning, snow plowing, sanding, salting, and lighting the parking area and other common areas; costs and expenses of planting, replanting and replacing flowers and landscaping; water and sewerage charges; premiums for liability, property damage, fire and workmen's compensation insurance including an allocation by Landlord's insurance advisor for claims paid or to be paid by Landlord under Landlord's retention (beneath Landlord's insurance deductible); wages, unemployment taxes; social security taxes; personal property taxes; fee for required licenses and permits; supplies, operation of loud speakers and any other equipment used in the designation operation, repair and maintenance of specific areas within the common areas, common facilities and related services; and administrative costs equal to fifteen percent (15%) of the total costs paid or incurred by Landlord under this Paragraph, but there shall be excluded depreciation of the original costs of constructing, erecting and installing the common areas, common facilities and related services. Tenant's pro-rata share of the costs and expenses referred to herein shall be that same percentage as set forth hereinbefore relating to Tenant's share of Real Estate Taxes. During the first lease year, the Tenant shall pay Landlord the annual sum of $36,480.00, payable monthly in advance, together with the payments of rent due hereunder, in the sum of $3,040.00 per month. These amounts are based on the Premises consisting of 32,000 square feet and shall be proportionately reduced if the Premises are reduced in size. If Landlord shall determine that any sums are owed it after the end of Landlord’s premises or 's fiscal year, Landlord shall furnish to Tenant a statement in reasonable proximity thereto detail of the actual common area costs and expenses paid or incurred by Landlord during such period prepared in which automobiles owned accordance with generally accepted accounting principles by Tenant’s Related Users Landlord, and thereupon there shall be parked and to accommodate the reasonable requests and requirements of an adjustment between Landlord and Landlord’s Related Users, provided, Tenant in the event that such pro-rata share shall be greater or less than the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, amount paid by Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject require to the provisions end that Landlord shall receive the entire amount of any applicable EncumbrancesTenant's pro-rata share of such costs and expenses. At the end of each fiscal year during the term hereof, Legal Requirements and Insurance Requirements and Landlord may adjust Tenant's monthly common area maintenance payment so that the terms and conditions amount shall equal one-twelfth of Tenant's annual pro-rata share as set forth in this Section 10.2(a)(ii), subsequent to Landlord's most recent statement. Such statement shall be conclusive between the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, parties. Landlord and Landlord’s Related Users shall have reserves the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionschange its fiscal year.
Appears in 1 contract
Common Areas. (a) During The Demised Premises are demised together with the Termright for the Tenant, until its agents, servants, employees, invitees, licensees and all persons having business with it or claiming under it, and all persons employed in or having business with the occurrence Demised Premises, in connection with their business in the Shopping Center and their respective agents, servants, employees, customers, invitees and licensees, the common areas of the Multi-Tenant Occupancy DateShopping Center (hereinafter called the "Common Areas") consisting of: (a) the parking areas, Tenant shall have roadways, driveways, the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating theretoentrances on foot, and shall pay landscaped areas and malls; and (b) all CAM Expenses other areas and all Property Document CAM Expenses, facilities now or hereafter at the Shopping Center and the maintenance and repair obligations pursuant to Section 10.1intended for common use.
(ib) From Except as provided in Section 4.3, and after the Multi-Tenant Occupancy Dateunless required by law, Landlord shall operate and maintain (not make or cause to be operated and maintained) impose on Tenant or any other occupants of the Common Areas located wholly within the Property in Demised Premises, or on any agents, servants, employees, customers, invitees or licensees of Tenant or such a manner as Landlordother occupants, in its reasonable discretion, shall determine as being compliant or on any persons doing business with the Legal Requirements and EncumbrancesDemised Premises or the Shopping Center, but subject to the terms and conditions of this Master Lease relating to any conditions, rights fee or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), charge for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be or of any additions to the Common Areas.
(c) Landlord covenants and agrees that throughout the term hereof at its expense, subject to Section 4.3:
(i) it will keep and maintain in good and usable order and condition, and make all rules necessary repairs and regulations set forth in replacements to the applicable Encumbrances (Common Areas and any additions thereto, including, without limitation, any rights the paving of any parties the parking areas (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to timestriping), roadways, walks, and driveways in the Shopping Center, landscaping and the reasonable, nondiscriminatory rules lighting and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment drainage systems of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.Shopping Center;
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions it will keep all of the Common Areas properly drained and reasonably free of snow, ice, refuse and obstructions;
(iii) it will keep the parking areas, roadways, walks and driveways within the Shopping Center lighted during the regular business hours of the Shopping Center and all the hours when the Demised Premises shall be open for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilitiesbusiness, and including carnivals, automobile for a reasonable time thereafter; and
(iv) it will provide adequate security guards and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent salesservices for the Shopping Center as determined to be necessary in Landlord's reasonable judgment.
SECTION 4.2 The layout of, and National Safety Weekend events striping and other charity events (including charity walks); or (B) to utilize lighting in, the lighting standards and other areas in portion of the parking lot for advertising purposes ((A) and (B) collectivelyarea designated as a "No Change Area" shall not be chanted without Tenant's consent, which shall not be unreasonably withheld. The "No Change Area" shall be determined by creating imaginary lines brought forward from the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use side walls of the Demised Premises (subject to Landlord’s reasonable approval and extended directly in front of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises a distance of one hundred (“Third Party Tenant”)100) feet. It is understood and agreed that Landlord may change the number, dimensions and locations of the walks, buildings, parking areas and other facilities as Landlord shall have the right deem proper or eliminate or add to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsbuildings.
Appears in 1 contract
Samples: Assignment, Assumption, Consent to Assignment and Amendment of Lease (Clearview Cinema Group Inc)
Common Areas. (a) During “Common Areas” shall mean the Termdriveways, until parking areas, walkways, sidewalk areas, landscaping, service areas, the occurrence areas on individual floors in the Building devoted to corridors, fire vestibules, elevators, lobbies, electric and telephone closets, restrooms, loading dock and other similar facilities for the benefit of tenants and invitees and shall also mean those areas of the Multi-Tenant Occupancy Date, Tenant shall have Building devoted to mechanical and service rooms servicing the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Building. Landlord shall have the right from time to grant Promotional Rights time to designate, relocate and limit the use of particular areas or portions of the Common Areas provided that Landlord shall not materially adversely affect visibility of the exterior sign on the Building identifying Tenant, access to or availability of parking for the Premises, or otherwise materially and adversely interferes with Tenant’s business operations in the Premises. Provided Landlord uses reasonable efforts (which shall not include any obligation to employ labor at overtime rates) to minimize disruption of Tenant’s business during the making of any such changes or alterations, Landlord shall not be subject to any Third Party liability nor shall Tenant be entitled to any compensation or abatement of rent arising out of the making of such changes or alterations. Landlord shall also have the right to limit or control access to the Building by third parties other than Tenant, providedits employees, thatcustomers and patrons. Landlord shall provide Tenant with electric and telephone closets within the Premises for Tenant’s exclusive use. Landlord shall not be permitted to enter such electric and telephone closets unless accompanied by Tenant’s representative. Tenant shall, no such Promotional Rights subject to the approval of Landlord (which approval shall not be exercisable in a manner that would reasonably be expected unreasonably withheld, conditioned or delayed), have the right to have a material adverse impact an easement on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate under the exercise portion of the Promotional Rights Common Areas shown on Exhibit H for the installation, repair, maintenance, use and replacement of a fiber optics telecommunications cable to the Premises. Landlord shall not charge Tenant any fees for such installation in accordance with the foregoing provisionsexcess of any fees that may be charged to Landlord for such installation.
Appears in 1 contract
Samples: Lease Agreement (Wilshire Financial Services Group Inc)
Common Areas. (a) During the Term, until the occurrence of the MultiLandlord hereby grants to Tenant a non-Tenant Occupancy Dateexclusive, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive irrevocable right and license to use the Common Areas and the Employee Common Areas in common with Landlord, Prime Landlord, and their its other lessees and licensees and, as applicable, the respective Related Users employees, customers, invitees, business invitees, contractors, agents, and others on or about the Land in connection with any use or activity permitted hereunder (including all collectively, “Permitted Users”) of Landlord, Prime Landlord, and its other lessees and licensees. Prime Landlord shall have the same Persons right to promulgate reasonable rules and regulations with respect to such use, provided that the Recapture Space same are non-discriminatory among all lessees of Prime Landlord and Additional Recapture Space)shall have exclusive control over and the exclusive right to manage the Common Areas and Employee Common Areas. Tenant shall have no dominion or control over the Common Areas or the Employee Common Areas. Prime Landlord shall have the right to make reasonable alterations, for expansions, contractions, relocations and other adjustments to the sole purposes of access, ingress, egress, loading Common Areas and unloadingEmployee Common Areas from time to time as Prime Landlord deems reasonable or appropriate, and parkingno alteration or diminution thereof shall be deemed a constructive or actual eviction of Tenant or entitle Tenant to compensation or a reduction or abatement of Rent. In exercising control over and managing the Common Areas and Employee Common Areas, subject to the provisions of this Master Lease, all Encumbrances, Prime Landlord shall act reasonably and all applicable Legal Requirements and Insurance Requirements. in a manner that does not unreasonably interfere with or have a material adverse impact upon Tenant’s use of the Common Areas or Employee Common Areas.
(b) During the Term, Landlord hereby reserves and Tenant hereby grants to Prime Landlord, Landlord, and their Permitted Users an irrevocable, non-exclusive right and license to use the Casino Public Common Areas in common with Tenant and Tenant’s Permitted Users. Notwithstanding any other provision of this Lease, Tenant shall be subject not interfere in any manner whatsoever with ingress to all rules and regulations set forth egress from the various interior and exterior parts of the Resort through the Casino Public Common Areas by Prime Landlord, Landlord or any of their Permitted Users. Further, in exercising control over the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Casino Public Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights act reasonably and in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store does not unreasonably interfere with or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord effect upon Prime Landlord’s or any third party tenant to whom Landlord has leased or licensed all or any portion Landlord’s use of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionsCasino Public Common Areas.
Appears in 1 contract
Common Areas. (a) During the Term, until the occurrence In connection with its lease of the Multi-Tenant Occupancy DatePremises, Tenant shall have the non-exclusive right, together with other tenants and occupants and invitees, to use of the portions of the Land that are for the non-exclusive use of the tenants, occupants and possession invitees of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible thereforthe Building, including all maintenance and repairs relating theretobut not limited to elevators, stairwells, common hallways, lobbies, sidewalks, driveways, and shall pay all CAM Expenses parking lots (collectively the “Common Areas”) for reasonable ingress to and all Property Document CAM Expenses, and egress from the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after Premises or the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to normal use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parkingthereof, subject to the other provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (Lease including, without limitation, any rights the Rules and Regulations attached as Exhibit C, as the same may be revised from time to time. The Common Areas are not for the use of any parties the general public and Landlord shall in all cases retain the right to control and prevent access thereto by all persons whose presence, in the judgment of Landlord shall be prejudicial to the safety, character, reputation and interests of the Building and Land and the tenants. In addition, Landlord reserves the right to restrict anyone, including Tenant, its employees, agents and invitees from and Tenant, its employees, agents and invitees are hereby restricted from certain areas of the Building designated by Landlord (including Landlordbut not limited to the roof, mechanical, electrical, and utility rooms and risers) even though the same may be used by Landlord for the benefit of the tenants of the Building. Landlord reserves the right to reconfigure use any portion of the Common Areas from time to time and/or to deny access to the same temporarily in order to repair, maintain or alter restore such facilities or to construct improvements under, over, along, across and upon the same and to relocate such Common Areas, at any time and from time to time)for the benefit of the Building, the Land, and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, so long as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject reasonable access to the provisions of any applicable Encumbrances, Legal Requirements Premises and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the reasonable alternative parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; is provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to grant Promotional Rights Tenant therefor, to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate change the exercise arrangement and/or locations of the Promotional Rights in accordance with Common Areas, including entrances, driveways, and parking areas so long as reasonable access to the foregoing provisionsPremises and reasonable alternative parking is provided.
Appears in 1 contract
Samples: Lease Agreement (Spacedev, Inc.)
Common Areas. (a) During Tenant, its employees and invitees may, except as ------------ otherwise specifically provided in this Lease, use the Term, until the occurrence common areas of the Multi-Tenant Occupancy DateBuilding as such common areas may be designated from time to time by Landlord (the "Common Areas"), Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, other persons for ingress and their respective Related Users (including all of egress and open-space purposes and for other purposes specifically designated by Landlord during the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions term of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s which use of the Common Areas shall be subject to all rules and regulations the restrictions set forth in the applicable Encumbrances this Lease (including, without limitation, the Rules and Regulations) and any rights further reasonable restrictions promulgated by Landlord from time to time. Landlord shall at all times have the right and privilege of determining the nature and extent of the Common Areas and of making such changes therein and thereto from time to time which, in its reasonable opinion, are deemed to be desirable and for the best interests of all persons using the Common Areas and of Landlord, including, without limitation, the withdrawal of any parties portion thereof and the relocation of driveways, entrances, exits, corridors, automobile parking spaces (including if any), the direction and flow of traffic, installation of prohibited areas, landscaped areas, and all other facilities thereof. Nothing contained herein shall be deemed to create any liability upon Landlord for any injury to or death of persons or for damage to or destruction of property, including, without limitation, for any damage to motor vehicles of Tenant, its customers or employees, or for loss of property from within such motor vehicles, unless caused by the negligence of Landlord) to reconfigure , its agents, contractors, servants or alter such employees. Landlord shall at all times during the term of this Lease have the sole and exclusive control of the Common Areas, Areas and may at any time and from time to time)time during the term hereof exclude and restrain any person from use or occupancy thereof excepting, however, bona fide invitees of Tenant and other tenants of Landlord who make use of said Common Areas in accordance with the reasonable, nondiscriminatory rules Rules and regulations promulgated by Landlord Regulations pertaining thereto. The rights of Tenant hereunder in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements Common Areas shall at all times be subject to the rights of Landlord and Landlord’s Related Users, provided, that other tenants of Landlord who use the same in common with Tenant, and it shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, be the duty of Tenant covenants not to do or permit to be done any act in, on or about keep all the Common Areas free and clear of any obstructions created or the Demised Premises which would interfere with permitted by Tenant or resulting from Tenant's operation, and to permit the use or enjoyment of any of the premises demised under Common Areas only for ingress and egress by the Leases or any Recapture Space (or any adjacent shopping centerinvitees of Tenant to and from the Building. If, shopping mall or third-party owner’s propertyin the opinion of Landlord, as the case may be), or unauthorized persons are using the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any reason of the foregoing parties.
(ii) Subject to presence of Tenant in the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Leased Premises, Tenant, Landlord and upon demand of Landlord’s Related Users , shall have correct such situation by appropriate action or proceedings against all such unauthorized persons. Nothing herein shall affect the right of Landlord at any time to (A) remove any such unauthorized persons from said areas or to utilize portions of prevent the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval any of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of the Promotional Rights in accordance with the foregoing provisionssaid areas by unauthorized persons.
Appears in 1 contract
Samples: Lease (Genesys Telecommunications Laboratories Inc)
Common Areas. (a) During the Term, until the occurrence 5.1 The Landlord covenants and agrees to maintain and provide servicing of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Leaseincluding lighting, Legal Requirements security, refuse removal, snow removal and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such cleaning as would a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed landlord acting reasonably having regard to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion Project and the objectives of the Property other than Environmental Management Plan.
5.2 The Landlord shall, at all times, have exclusive control and management of the Demised Premises (“Third Party Tenant”)Project, and, without limiting the generality of the foregoing, such control shall apply to signs, the use of show windows and the use made by the Tenant and the public of the parking areas of the Project. The Landlord shall have the right to grant Promotional Rights use any part of the Common Areas, from time to time, for merchandising, display, decorations, entertainment and structures designed for retail selling (including kiosks) or special features or promotional activities and the Landlord shall be entitled to receive and retain all revenue in respect thereof, subject to the provisions hereof.
5.3 The Landlord hereby grants to the Tenant, its employees, invitees and licensees, in common with all others entitled thereto, a licence during the subsisting Term and any Third Party Tenantrenewal or extension thereof for the purposes of reasonable ingress to and egress from the Premises with or without vehicles over that portion of the Lands as the Landlord may from time to time designate, provided, thathowever, no such Promotional Rights that reasonable pedestrian access shall be exercisable available to the Premises. The Landlord shall have the right to alter the location and size of the areas which are subject to this licence and rights, provided that reasonable access is provided by the Landlord for the purposes aforesaid.
5.4 The Tenant acknowledges and agrees that the Landlord has the right to regulate and restrict the parking of motor vehicles in a manner the Project and the Tenant covenants that would reasonably it will, and will cause its employees to, observe all reasonable regulations and restrictions made by the Landlord from time to time with respect to parking on those portions of the Common Areas provided for that purpose and the Tenant shall notify its employees of the Landlord’s parking regulations and restrictions. The Tenant shall supply the automobile license plate numbers of its employees to the Landlord upon request. The Landlord reserves the right to:
(a) remove any automobile which, in the reasonable opinion of the Landlord, is infringing regulations made by the Landlord with respect to parking without notice and notwithstanding any bylaws or regulations of any governmental authority concerning removal and towing of motor vehicles; such removal with respect to any automobiles owned by the Tenant or its agents, customers, employees or invitees shall be expected at the sole risk and expense of the Tenant; and
(b) impose charges for the use of the parking areas or other parking facilities, such rates to be determined by the Landlord having regard to parking facilities provided, and the Landlord shall have a material adverse impact on Tenant, the right to retain for itself all revenue received by the Landlord for the use of parking areas or parking facilities without any credit to the Tenant or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise tenants of the Promotional Rights Project.
5.5 The Tenant shall not keep or display any merchandise on or otherwise obstruct the parking areas, sidewalks, any other part of the Common Areas or any part of any other tenant’s premises.
5.6 The Tenant acknowledges that it is the intention of the Landlord to develop, construct, maintain, continue to modernise and update the Project, including without limitation, the implementation of the objectives of the Environmental Management Plan as determined by the Landlord, and if necessary, in accordance the sole opinion of the Landlord, to expand the Project from time to time as economic and market conditions permit and, in furtherance of all or any of these intentions, it is understood and agreed that subject to Article 5.7, the Landlord shall have the right at all times and from time to time throughout the Term to:
(a) change the area, size, level, location and/or arrangement of the Project or any part thereof (other than the Premises) including the Common Areas;
(b) construct other buildings, structures or improvements in the Project and make alterations thereof, additions thereto, or re-arrangements thereof, demolish parts thereof, build additional storeys on any building in the Project other than the Building (and, for such purposes, to construct and erect columns and support facilities in any building other than the Building), and construct additional buildings or facilities adjoining or proximate to the Project;
(c) construct multiple deck, elevated or underground parking facilities, and expand, reduce or alter the same in any manner whatsoever; provided that the Landlord shall at all times maintain in the Building a number of normal-sized parking stalls made available to the Tenant at least equal to the Original Parking Stall Amount (as such term is defined in Schedule E, Item 9) as the same may be reduced from time to time;
(d) relocate or rearrange the various buildings, parking areas and other parts of the Project (excluding the Premises) from those existing at the Commencement Day or shown on Schedule A1;
(e) make changes and additions to the pipes, conduits and ducts or other structural and non-structural installations in the Premises where desirable to serve the Common Areas and other premises in the Project or to facilitate expansion or alteration of the Project, (including without limitation the construction and erection of columns and support facilities) but the Landlord shall not unreasonably interfere with the foregoing provisionsuse and enjoyment of the Premises beyond the extent necessarily incidental to such changes, additions and installations, and the Landlord shall make good any damage to the Premises arising in the course of such changes and additions;
(f) add additional lands to the Project;
(g) temporarily obstruct or close off the Common Areas or any parts thereof for the purpose of maintenance, repair or construction; and
(h) have access for itself and all workers, agents, contractors and licensees at all reasonable times for the purpose of carrying out the activities set forth in this Article 5.
Appears in 1 contract
Samples: Lease (Zymeworks Inc.)
Common Areas. All private sidewalks, lighting facilities, hallways, stairways, lobbies, elevators, restrooms and other areas and improvements provided by Landlord for the general use in common of lessees and their customers in the Building (aall herein collectively called the “Common Areas”) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of at all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall times be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms exclusive control and conditions of this Master Lease relating to any conditions, rights or restrictions management of Landlord’s and ; provided, however, that Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right exclusive control and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use management of the Common Areas shall not be subject to all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated deemed an undertaking by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises ensure or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment a guaranty of the premises demised under the Leases safety of Tenant or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, of its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customerscontractors, licensees and invitees customers or invitees, or the property of any of the foregoing such parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-. Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the non-exclusive right to use the Common Areas, in common with other lessees in the Building, subject to the Rules and Regulations (A) to utilize portions as hereinafter defined). If the size or configuration of the Common Areas for outdoor eventsis diminished or altered, activities, shows, displays, temporary special promotional events, including sales from temporary facilitiesLandlord shall not be liable to Tenant on account thereof nor shall Tenant be entitled to any compensation or reduction or abatement of the Rent, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); any such diminution or (B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant alteration shall not exercise any Promotional Rights in be considered a manner (as opposed to the nature of the use) constructive or actual eviction. Tenant also agrees that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights do and perform such acts in and to any Third Party Tenantthe Common Areas as Landlord, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise of its good faith business judgment, shall determine from time to time to be advisable. Landlord shall use commercially reasonable efforts to ensure that Landlord’s control of and acts within the Promotional Rights Common Areas do not materially hinder access to, nor materially diminish Tenant’s quiet enjoyment or use of, the Premises. To the extent permitted by law, Tenant may use the Building’s fire stairs connecting the floors of the Premises as convenience stairs for inter-floor access within the Premises. To the extent permitted by law and provided Landlord’s keycards continue to provide access, Tenant may install an internal key card system as part of this right at Tenant’s expense. Landlord may require that any system so installed by Tenant be compliant, compatible, and installed in accordance a coordinated manner with Landlord’s fire and security systems, including giving the foregoing provisionsmain Building system the ability to lock or unlock the doors in the event of an emergency or test. Tenant’s indemnity obligations under Section 18(a) of the Lease are hereby expanded to include accidents or occurrences in or about the stairwell, in addition to in or about the Premises. At Landlord’s request, Tenant shall be required to remove Tenant’s card key access system and restore any damage caused thereby upon the expiration or earlier termination of the Lease. Any alterations that Tenant desires to perform in the Building’s stairwells must be compliant with code and may only be made with Landlord’s prior written consent.
Appears in 1 contract
Samples: Office Building Lease (GrubHub Inc.)
Common Areas. (a) During The term "Common Areas" is defined as all areas and facilities outside the Term, until Premises and within the occurrence exterior boundary line of the MultiProject that are provided and designated by Landlord from time to time for the general non-Tenant Occupancy Dateexclusive use of Landlord, Tenant shall have and of other occupants of the exclusive use Project and possession their respective employees, suppliers, shippers, customers and invitees, which may include, without limitation, parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Landlord hereby grants to Tenant, for the benefit of all Common Areas (subject to all applicable provisions Tenant and its employees, suppliers, shippers, customers and invitees, during the Term of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible thereforthe non-exclusive right to use, including all maintenance and repairs relating theretoin common with others entitled to such use, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlordthey exist from time to time, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to any rights, powers and privileges reserved by Landlord under the terms and conditions of this Master Lease relating to or under the terms of any conditions, rights reasonable and non-discriminatorily enforced rules or regulations or restrictions governing the use of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within Project. Under no circumstances shall the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in common with Landlordthe Common Areas. Landlord or such other person(s) as Landlord may appoint, shall have the exclusive control and their respective Related Users (including all management of the same Persons Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable and non-discriminatorily enforced rules and regulations with respect to the Recapture Space Common Areas, in accordance with the provisions of Paragraph 40 below. Tenant agrees to abide by and Additional Recapture Space)conform to all such rules and regulations, and to cause its employees, agents and contractors to so abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with such rules or regulations by other tenants and users of the Project. Landlord shall have the right, in its sole purposes and absolute discretion, from time to time (a) to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of accessdriveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, loading direction of traffic, landscaped areas and unloadingwalkways, and parking, subject so long as reasonable access to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances Premises remains available; (including, without limitation, any rights of any parties (including Landlordb) to reconfigure or alter such Common Areas, at close temporarily any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (A) to utilize portions of the Common Areas for outdoor eventsmaintenance and/or repair purposes or to prevent the acquisition of rights in the Common Areas by other persons or entities, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events so long as reasonable access to the Premises remains available; (including charity walks); or (Bc) to utilize designate other land outside the lighting standards boundaries of the Project to be a part of the Common Areas; (d) to add additional buildings and other areas improvements to the Common Areas; (e) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the parking lot for advertising purposes ((A) Project, or any portion thereof; and (Bf) collectivelyto do and perform such other acts and make such other changes in, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property or with respect to the manner of Common Areas and/or Project as Landlord may, in the exercise of such Promotional Rights; providedcommercially reasonable business judgment, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent withdeem to be appropriate. Without limiting the generality of the foregoing, the historical practices of Tenant at parties hereby acknowledge that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use portions of the Demised Premises (subject Project site remain to Landlord’s reasonable approval be developed subsequent to the development of such the Building. However, notwithstanding anything to the contrary contained in this Lease, in the course of performance of any subsequent development, redevelopment, construction or other uses)work upon the Project or exercise of any of the rights reserved by Landlord in this Paragraph 2.5, and (y) Tenant Landlord shall not exercise any Promotional Rights in a manner materially adversely affect (as opposed to i) the nature use or occupancy of the usePremises, (ii) that would reasonably be expected means of access to have a material adverse impact on Landlord and from the Premises, (iii) parking serving the Premises, or any third party tenant to whom Landlord has leased or licensed all or any portion (iv) visibility of the Property other than the Demised Premises (“Third Party Tenant”). Landlord shall have the right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise signage from adjacent rights of the Promotional Rights in accordance with the foregoing provisionsway.
Appears in 1 contract
Samples: Lease (Sport Chalet Inc)
Common Areas. (a) During All parking areas, access roads and facilities furnished, made available or maintained by Landlord in or near the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible thereforCenter, including all maintenance employee parking areas, truck ways, driveways, loading docks and repairs relating theretoareas, delivery areas, multistory parking facilities, package pickup stations, elevators, escalators, pedestrian sidewalks, malls, including the enclosed mall (as indicated for identification purposes on Exhibit "B"), courts and shall pay all CAM Expenses ramps, landscaped areas, retaining walls, stairways, bus stops, first-aid and all Property Document CAM Expensescomfort stations, lighting facilities, sanitary systems, utility lines, water filtration and the maintenance treatment facilities, those areas within and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject adjacent to the terms Center for ingress and conditions of this Master Lease relating egress to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in from the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space), for the sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules and regulations set forth in the applicable Encumbrances (Center including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areasthe Temple, at any time and the tunnel/roadway system under the Center, which from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated time may be provided by Landlord in its discretion from time to timeor others for the convenience, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment benefit of the premises demised under tenants of the Leases or any Recapture Space (or any adjacent shopping centerCenter, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users Ground Lessor. the owners and assigns, or the other owners, tenants, or occupants of any adjacent shopping centerthe Hotel and their respective concessionaires, shopping mall, as the case may be, or the respective agents, employees, customers, licensees invitees and invitees licensees, those areas, if any, upon which temporary or permanent off-site utility systems or parking facilities serving the Center may from time to time be located and other areas and improvements provided by Landlord for the general use in common of any tenants and their customers and department stores (if any) in the Center (all herein called "Common Areas") shall at all times be subject to the exclusive control and management of Landlord or the Owner of the foregoing parties.
Hotel Parcel (ii) Subject as defined in the REA), and Landlord or such Owner shall have the right, from time to the provisions of any applicable Encumbrancestime, Legal Requirements to establish, modify and Insurance Requirements enforce reasonable rules, regulations and the terms requirements with respect to all Common Areas which rules and conditions regulations shall be uniformly applied in a reasonable and non- discriminatory manner. Tenant agrees to comply with, and to cause its employees and contractors to comply with, all rules, regulations and requirements set forth in this Section 10.2(a)(ii)Exhibit "D" attached hereto and all reasonable amendments thereto and any and all rules, subsequent regulations, requirements and amendments thereto adopted pursuant to the Multi-REA. Tenant Occupancy Date with respect to a Demised Premisesacknowledges that the Shopping Complex shall only have exterior pedestrian access through the Hotel and the Temple and, Tenantfurther, that the Temple may provide only ingress to, but not egress from the Center. Landlord and Landlord’s Related Users the Owner of the Hotel Parcel shall have the right from time to (A) time to: change or modify and add to utilize portions or subtract from the sizes, locations, shapes and arrangements of parking areas entrances, exits, parking aisle alignments and other Common Areas; designate parking areas for Ground Lessor, Landlord, the owner of the Hotel Parcel and/or their employees and tenants and/or tenants of Landlord, and/or limit the total number of such employee spaces; restrict parking by Tenant's employees to designated areas (which may be at the far rear of the Adjacent Land); construct surface, sub-surface or elevated parking areas and facilities; establish and from time to time change the level or grade of parking surfaces; add to or subtract from the buildings in the Center; eliminate such access as may from time to time be available between the Center and the Hotel or any retail or commercial business in an adjoining or neighboring building; and do and perform such other acts in and to said Common Areas as Landlord in its sole discretion, reasonably applied, deems advisable for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, the use thereof by tenants and including carnivals, automobile and boat shows and sales, sales their customers or as such Owner is permitted to do pursuant to the REA. Tenant acknowledges that owners of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) to utilize the lighting standards and other areas in and adjoining the Shopping Complex may similarly alter, enlarge, reduce or relocate the improvements from time to time located thereon. Tenant further acknowledges that this Section 5.1 shall be for the benefit of and directly enforceable by Landlord and the Owner of the Hotel Parcel. In the event that Landlord determines, in its sole discretion, to provide parking lot or transportation facilities for advertising purposes ((A) the Center, Landlord may charge a fee to users thereof and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable may impose and enforce such rules and regulations applicable to all tenants concerning the use thereof (including a prohibition of use by Tenant's employees) as Landlord may in its discretion deem desirable, provided that any fee will be waived for users receiving a validation from the Property with respect to casino on the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, without limitation, outdoor garden and/or patio shops), and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)Hotel Parcel. Landlord shall have the right at any and all times to grant Promotional Rights utilize portions of Common Areas for promotions, exhibits, entertainments, product and other shows, displays, the leasing of kiosks or food facilities, or such other uses as may in Landlord's judgment tend to attract the public or benefit the Center but in no event shall such kiosks or food facilities be located within ten feet (10') of the front lease line of the Premises. Except as specifically otherwise provided in any Third Party TenantOperating Agreement the Owner of the Hotel Parcel may do such other acts in and to the Hotel and those Common Areas located on the Adjacent Land as in its reasonable judgment may be desirable, providedincluding, thatbut not limited to, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected the conversion of portions thereof to have a material adverse impact on Tenantother uses. In exercising its rights pursuant to this Section, Landlord shall not materially adversely affect access to or any other Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to coordinate the exercise visibility of the Promotional Rights in accordance with the foregoing provisionsPremises.
Appears in 1 contract
Samples: Lease (St John Knits Inc)
Common Areas. (a) During the TermAll areas, until the occurrence of the Multi-Tenant Occupancy Datespace, Tenant shall have the exclusive use equipment and possession of all Common Areas (subject to all applicable provisions of this Master Leaseservices provided by Lessor, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1.
(i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to the terms and conditions of this Master Lease relating to any conditions, rights or restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s obligations in Section 10.1(c). Tenant shall have a nonexclusive right and license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the same Persons with respect to the Recapture Space and Additional Recapture Space)if any, for the sole purposes common use and benefit of accessLessor and the occupants of the Building, ingresstheir respective employees, egressagents, customers and invites, including without limiting the generality of the foregoing, exterior Building surfaces, support and all structural elements, roof, parking areas, driveways, passages, loading docks, sidewalks, ramps, open and unloadingenclosed courts and halls, landscaped areas, signs (except for Lessee's sign, if any, as described in Paragraph 37 herein below), exterior stairways, retaining walls, rest-rooms not located within the leased premises of any tenant and other areas and improvements provided by Lessor for the common use of Lessor and tenants shall be deemed "Common Area", and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to all rules the exclusive control and regulations set forth in the applicable Encumbrances (including, without limitation, any rights management of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respectLessor. Furthermore, Tenant covenants not to do or permit to be done any act in, on or about the Common Areas or the Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any adjacent shopping center, shopping mall, as the case may be, or the respective agents, employees, customers, licensees and invitees of any of the foregoing parties.
(ii) Subject to the provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users Lessor shall have the right to (A) police the Common Areas; to utilize change the area level, location and arrangement of parking areas, and other facilities; to reasonably restrict parking by Lessee; to close all or any portions of the said Common Areas for outdoor events, activities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or (B) facilities to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; provided, that (x) Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the historical practices of Tenant at that Store or that extent as may be conducted on legally sufficient to prevent a regional basis with respect dedication thereof or the accrual of any right to an affected Store (including, without limitation, outdoor garden and/or patio shops), any person or the public therein; and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any third party tenant to whom Landlord has leased or licensed temporarily close all or any portion of the Property other than the Demised Premises (“Third Party Tenant”)parking areas or facilities to discourage non-customer parking. Landlord Lessor shall also have the right to grant Promotional Rights make changes, additions, deletions, alterations and improvements in and to the Common Areas, or any portion thereof, and there shall be no reduction in the rent or other sums due under this Lease as a result of any of the same except any decrease or change in parking spaces requires Lessee's written consent. Lessor shall operate and maintain the Common Areas in such manner as Lessor in its discretion shall determine, and Lessor shall have full right and authority to employ and discharge all personnel with respect to the operation and maintenance of the Common Areas. Lessee agrees to comply with all rules and regulations which may from time to time be promulgated by Lessor with respect to the operation and use of the Common Area services being furnished the Building unless due to the negligence of Lessor, provided no such failure or interruption shall entitle Lessee to terminate this Lease or entitle Lessee to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord right of setoff against the payment of rent or any other Third Party Tenantsums due from Lessee under this Lease.
(b) Lessor shall not be liable for any damage of any nature whatsoever to, or any theft of, automobiles or other vehicles or the contents thereof, while in or about the parking areas located within the Common Areas or the property, unless caused by negligence of Lessor.
(c) Notwithstanding anything herein to the contrary, Lessor shall not be obligated to provide any type of security in or about the Premises, the Common Areas, the Building or the Property for Lessee, its customers, guests, contractors, concessionaires, agents, lessees or invitees, or guarantee the safety or security of Lessee, its customers, guests, contractors, concessionaires, agents, lessees or invitees. TenantIf Lessor is made a party to any litigation commenced as a result of Lessor's alleged failure to provide security personnel for Lessee, Landlord its customers, guests, contractors, concessionaires, agents, lessees or invitees, then Lessee shall protect, defend and Third-Party Tenants hold Lessor harmless and shall work cooperatively pay all costs, expenses and attorney's fees incurred or paid by Lessor in good faith to coordinate the exercise of the Promotional Rights in accordance connection with the foregoing provisionssuch litigation, including all appeals therefrom.
Appears in 1 contract
Samples: Lease Agreement (Divine Skin Inc.)
