Common Facilities. (a) Tenant shall have the non-exclusive right, in common with others, to the use of any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives and similar access and serviceways, washrooms and other Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas shall at all times be subject to the rights of Landlord and other tenants in the Building who use the same in common with Tenant, and it shall be the duty of Tenant to keep all the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from such areas or to prevent the use of such areas by unauthorized persons. Subject to availability, Tenant’s employees shall have use in common with other tenants of the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses).
(b) Landlord reserves the right, at any time and from time to time, to (1) make alterations in or additions to the Common Areas, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, ramps, and similar access and serviceways, (2) designate property to be included in or eliminate property from the Common Areas, (3) close temporarily any of the Common Areas for maintenance purposes, and (4) use the Common Areas while engaged in making alterations in or additions and repairs to the Property; provided, however, that reasonable access to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas in the Building) near the Building remains available.
Common Facilities. Common Facilities shall mean the non-assigned parking areas; lobby; elevator(s); fire stairs; public hallways; public lavatories; all other general Building facilities that service all Building tenants; air conditioning rooms; fan rooms; janitors' closets; electrical closets; telephone closets; elevator shafts and machine rooms; flues; stacks; pipe shafts and vertical ducts with their enclosing walls. Lessor may at any time close temporarily any Common Facilities to make repairs or changes therein or to effect construction, repairs or changes within the Building, or to discourage non-tenant parking, and may do such other acts in and to the Common Facilities as in its judgement may be desirable to improve the convenience thereof, but shall always in connection therewith, endeavor to minimize any inconvenience to Lessee.
Common Facilities. (a) The Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; to change the areas, locations and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of the Common Facilities; to construct surface or elevated parking areas and facilities; to establish and change the level of parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if any; to close all or any portion of such parking areas or other Common Facilities to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlord, in the exercise of good business judgment, shall determine to be advisable, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises. Landlord agrees that it shall not enact any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules and regulations to the tenants of the Building in a uniform manner and shall not discriminate against Tenant in applying such rules and regulations.
(b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.
Common Facilities. PORTIONS shall include paths passages, stairways, elevator, water courses, drains, sewers and other spaces and facilities whatsoever expressly to be specified by the Developer upon completion of the new building for enjoyment by the Flat/Unit Owners subject to payment of maintenance charges in favour of Developer or maintenance-in-charge.
Common Facilities. Tenant shall have the right to use any and all common areas associated with the building which comprises the Premises or in which the Premises is located, including, but not limited to, parking lots, driveways, sidewalks, benches, walkways and landscaping (the “Common Facilities”). Such Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord may from time to time promulgate and enforce reasonable rules and regulations, uniformly applied, for the use of the Common Facilities, and build or place landscaping and other improvements thereon. Landlord may, at any time, and from time to time, temporarily close all or any portion of such Common Facilities. In exercising such rights, Landlord, however, will not deprive Tenant of reasonable access to the Premises. Landlord shall maintain the Common Facilities in good order and condition throughout the Term, ordinary wear and tear excepted.
Common Facilities. 10 Common Facilities 1-2-3-4....................10 Common Facilities 1-2-3-4 Site...............10 Common Facilities 3-4........................10 Common Facilities 3-4 Site...................11
Common Facilities. The Tenant will pay to the Landlord on demand such proportion as the Landlord may from time to time determine of the cost of constructing, repairing, rebuilding, renewing, lighting, cleansing and maintaining all things used in common by the Property and other premises.
Common Facilities. 13.1 Tenant, and its permitted subtenants and its and their employees, invitees and licensees shall have the non-exclusive right to make use of the Common Area, such use to be in common with Landlord and other tenants and persons entitled to use the same, subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe and subject to such easements therein as Landlord may from time to time grant to others. Tenant shall not obstruct in any way any portion of the Common Area or in any way interfere with the rights of other person entitled thereto to use or enjoy the benefit of the Common Facilities and, shall not, without the prior written consent of Landlord, use the Common Area in any manner, directly or indirectly, for the location or display of any merchandise or for the location or display of any property belonging to Tenant or appertaining, directly or indirectly, to Tenant’s operations in the Premises.
13.2 Subject to the provisions of Sections 13.3 and 13.4, the Common Facilities shall at all times be subject to the exclusive control and management of Landlord.
13.3 Landlord shall not, without Tenant’s prior consent, which shall not be unreasonably withheld or delayed, make any change to the location, layout, nature or arrangement of the Common Facilities or any alteration to any portion of the Common Area, which would (a) unreasonably deprive Tenant of access to the Premises, (b) interfere with the use of the Premises or the services furnished to the Premises for an unreasonable length of time, or (c) reduce the Premises Area in excess of 2% (without any reduction in Rent), except if such reduction results from compliance with Legal Requirements or Insurance Requirements and in such event only if there is an appropriate reduction in Rent. Landlord shall redecorate and repaint the Common Area, from time to time, as Landlord may deem necessary or desirable to maintain the Common Area in an attractive manner consistent with a first-class office building, Landlord shall have the right to close temporarily all or any portion of the Common Area to such extent as may in the reasonable opinion of Landlord be necessary to prevent a dedication thereof to public use or the accrual of any rights to the public therein and/or for repairs, replacements or maintenance, provided said repairs, replacements or maintenance are performed expeditiously and provided (both as to closing and repairs) that Tenant and its invitees sha...
Common Facilities. The Owner Participant acknowledges that, during the term of the Facility Lease, EME may, so long as no Material Lease Default or Lease Event of Default has occurred and is then continuing, seek to develop, either directly or indirectly through a subsidiary (other than Xxxxx City; EME or such subsidiary is hereinafter referred to as the "Additional Plants Operator"), additional electric generation units using solely fossil fuel on the Facility Site ("Additional Plants"), including but not limited to the development of both an approximately 730 MW gas-fired plant and an approximately 600 MW coal-fired plant to be located at the Facility Site. At such time as EME determines the specifications for the Additional Plants, Xxxxx City will prepare a written presentation, including site maps, to be made to the Owner Participant, setting forth the terms and conditions on which it plans to develop the Additional Plants and the physical specifications for operation of the Additional Plants (the "Development Presentation"). Neither the Additional Plants, constructed and operated in accordance with the Development Presentation, nor the Additional Plants Operator shall violate any Requirement of Law, including but not limited to, any environmental law. The Owner Participant shall be entitled to receive any additional information it reasonably requests to determine that neither the construction and operation of, and activities related to, the Additional Plants, constructed and operated in accordance with the Development Presentation, nor the Additional Plants Operator are likely to (w) interfere in any material way with the capacity, availability, reliability, performance or operation of the Facility, (x) materially increase O&M Costs for the Facility, (y) diminish the current value, residual value, utility or remaining economic useful life of the Facility by more than a de minimis amount (as measured immediately prior to such construction, assuming the Facility is, at such time, in the condition required by the terms of the Facility Lease) or cause the Facility to become "limited-use" property within the meaning of Rev. Proc. 2001-28, 2001-19 IRB 1156 or Rev. Proc. 2001-29, 2001-19 IRB 1160, or (z) otherwise cause Xxxxx City to incur any material cost, expense, claim or liability (collectively, "Material Impairment"). The Owner Participant may engage such engineering, environmental or other consultants as are reasonably necessary to assist it in making such determination...
Common Facilities. Right of access and/or user of the common rights in inside the building including the right over the drive ways.
