Common use of Common Facilities Clause in Contracts

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 shall not be denied access to the Premises. 13.4 Landlord covenants to keep, maintain, manage and operate the Common Facilities in good order, condition and repair consistent with the operation of a first class office building-retail-parking complex and to keep the sidewalks and driveways, if any, constituting a portion of the Common Area clean and reasonably clear of snow and ice. Landlord reserves the right of access to the Common Facilities through the Premises for the purposes of operation, decoration, cleaning, maintenance, safety, security, alteration and repair.

Common Facilities. 13.1 Tenant, and its permitted subtenants and its and their employees, invitees and licensees (A) All those portions of Entire Premises shown on ----------------- Exhibit "B" which are not presently occupied by buildings shall have be Common Facilities for the non-exclusive joint use of all tenants of Entire Premises, their employees, customers and invitees and Landlord hereby grants to Tenant, its employees, customers and invitees, the right to make use of the Common Areause, such use to be in common with Landlord and all other tenants and persons entitled to use the sameof Entire Premises, 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 all 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 said Common Facilities and, (except that Tenant's loading area shall not, without be reserved for Tenant's exclusive use) and any enlargement thereof for ingress and egress to and from the prior written consent of Landlord, use Demised Premises and the Common Area in any manner, directly or indirectly, public streets and highways shown on Exhibit "B" and for the location or display parking of any merchandise or for the location or display of any property belonging to Tenant or appertaining, directly or indirectly, to Tenant’s operations motor vehicles in the Premisesareas designated as "Parking Area". Subject to reimbursement in Section 22.1, Landlord agrees to maintain throughout the Term all Common Facilities in good repair, clean and clear of snow, ice, rubbish and debris, properly drained, clearly striped and adequately lighted at all times when the Demised Premises is open for business and for one-half hour after closing thereof. 13.2 Subject to (B) Throughout the provisions of Sections 13.3 and 13.4Term, the Common Facilities shall contain a Parking Area as shown on Exhibit "B", and Landlord shall not use or permit the Common Facilities to be used for carnivals or other businesses, temporarily or permanently. If at all times any time during the Term, such Parking Area shall be subject reduced below the minimum area above set forth by reason of taking or appropriation under any power of eminent domain and if Tenant does not terminate this Lease as permitted in the Section of this Lease entitled EMINENT DOMAIN, the Rent payable -------------- pursuant to the exclusive control and management Section of Landlord. 13.3 Landlord this Lease entitled RENT of this Lease shall not, without Tenant’s prior consent, which shall not be unreasonably withheld or delayed, make any change xxxxx in ---- the same proportion that the Parking Area so taken bears to the locationminimum Parking Area above set forth. If, layoutat any time during the Term, nature Landlord by its acts or omissions reduces or permits a reduction of the Parking Area or Common Facilities below the above minimum or if the Landlord changes the location or arrangement of the Common Facilities or any alteration Parking Area, the Rent payable pursuant to any portion the terms of the Common Area, which would (a) unreasonably deprive Tenant Section of access to this Lease entitled RENT of this Lease and all other charges payable ---- under the Premises, (b) interfere with the use terms 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 this Lease 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 shall not be denied access to the Premisesxxxxx. 13.4 Landlord covenants to keep, maintain, manage and operate the Common Facilities in good order, condition and repair consistent with the operation of a first class office building-retail-parking complex and to keep the sidewalks and driveways, if any, constituting a portion of the Common Area clean and reasonably clear of snow and ice. Landlord reserves the right of access to the Common Facilities through the Premises for the purposes of operation, decoration, cleaning, maintenance, safety, security, alteration and repair.

Common Facilities. 13.1 7.1 Landlord shall substantially complete the common facilities depicted on Exhibit “A” prior to the commencement of the lease term. Landlord reserves the right to change from time to time the dimensions and location of the common facilities as shown on Exhibit “A’, as well as the dimensions, identity and type of any buildings comprising the shopping center and to construct additional buildings or additional stories on existing buildings or other improvements on the entire premises, provided that such changes and additional construction do not materially affect access to parking for and visibility of the demised premises. 7.2 Tenant, and its permitted subtenants and its and their employees, invitees customers. sub-tenants, licensees, and licensees concessionaires shall have the non-exclusive right to make use of the Common Areacommon facilities as constituted, from time to time, such use to be in common with Landlord Landlord, other Tenants of the shopping center 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 prescribe. Vehicles of Tenant and subject to such easements therein as Landlord may from time to time grant to others. of employees of Tenant shall not obstruct will be parked only 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 areas designated by Landlord. 13.3 7.3 The common facilities shall be and remain under Landlord’s sole operation and control and Landlord shall, at Landlord’s expense, adequately maintain and repair the same. 7.4 Tenant shall notkeep the interior of the demised premises and the interior and exterior of all doors and windows, without Tenant’s prior consentin a neat and clean condition, which shall not be unreasonably withheld or delayed, make any change keep the sidewalks and rear exterior wall area adjacent to the locationdemised premises clean and clear of foreign matter, layout, nature or arrangement of the Common Facilities or any alteration to any portion of the Common Area, and Tenant shall comply with all rules and regulations 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 Areamay make, from time to time, as Landlord may deem necessary concerning the storage and the removal of trash and garbage All trash and garbage shall be stored in covered receptacles, approved by the city and kept neat and clean and close to the rear walls of the building 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 shall not be denied access to the Premises. 13.4 Landlord covenants to keep, maintain, manage and operate the Common Facilities in good order, condition and repair consistent with the operation of a first class office building-retail-parking complex and to keep the sidewalks and driveways, if any, constituting a portion of the Common Area clean and reasonably clear of snow and icearea designated by Landlord. Landlord reserves the right to require Tenant to employ commercial collection of access trash and garbage by a company of Tenant’s choice. 7.5 Tenant shall pay to Landlord as additional rental the fixed common area maintenance charge specified in Section 1.1 in equal monthly installments. Said installments shall be in addition to and shall be payable with minimum rental due hereunder. 7.6 Beginning with the first month of the second lease year, and on the first month of each lease year throughout the term hereof the monthly sums specified in Paragraph 1.1( i ) shall be increased in proportion to the Common Facilities through increase in: ( i ) the Premises United States Department of Labor Bureau of Labor Statistics, Consumer Price Index -U.S. Average 41957 - 1959 ‘ 100) for the purposes last full calendar month of operationthe preceding lease year over and above (ii) the corresponding index figure for the first full calendar month of’ the preceding lease year provided that if such Index should be discontinued, decorationsuch calculations shall be made by use of another reputable index selected by Landlord. In no event, cleaninghowever, maintenance, safety, security, alteration shall the sums due and repairpayable by Tenant to Landlord be decreased by reason of these provisions from the monthly sum due and payable by Tenant to Landlord during the first full lease year.

Common Facilities. 13.1 Tenant, and its permitted subtenants and its and their employees, invitees and licensees (A) All those portions of Entire Premises shown on ----------------- Exhibit "B" which are not presently occupied by buildings shall have be Common Facilities for the non-exclusive joint use of all tenants of Entire Premises, their employees, customers and invitees and Landlord hereby grants to Tenant, its employees, customers and invitees, the right to make use of the Common Areause, such use to be in common with Landlord and all other tenants and persons entitled to use the sameof Entire Premises, 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 all 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 said Common Facilities and, (except that Tenant's loading area shall not, without be reserved for Tenant's exclusive use) and any enlargement thereof for ingress and egress to and from the prior written consent of Landlord, use Demised Premises and the Common Area in any manner, directly or indirectly, public streets and highways shown on Exhibit "B" and for the location or display parking of any merchandise or for the location or display of any property belonging to Tenant or appertaining, directly or indirectly, to Tenant’s operations motor vehicles in the Premisesareas designated as "Parking Area". Subject to reimbursement in Section 22.1, Landlord agrees to maintain throughout the Term all Common Facilities in good repair, clean and clear of snow, ice, rubbish and debris, properly drained, clearly striped and adequately lighted at all times when the Demised Premises is open for business and for one-half hour after closing thereof. 13.2 Subject to (B) Throughout the provisions of Sections 13.3 and 13.4Term, the Common Facilities shall contain a Parking Area as shown on Exhibit "B" (excluding the "Permitted Taking" area shown as outlined on Exhibit "B" or up to a maximum of eighteen (18) parking spaces located elsewhere on the Entire Premises which may be taken by eminent domain without triggering the abatement provision set forth hereinafter), and Landlord shall not use or permit the Common Facilities to be used for carnivals or other businesses, temporarily or permanently. If at all times any time during the Term, such Parking Area shall be subject reduced below the minimum area above set forth by reason of taking or appropriation under any power of eminent domain and if Tenant does not terminate this Lease as permitted in the Section of this Lease entitled EMINENT DOMAIN, the Rent payable pursuant to the exclusive control and management Section of Landlord. 13.3 Landlord this Lease -------------- entitled RENT of this Lease shall not, without Tenant’s prior consent, which shall not be unreasonably withheld or delayed, make any change xxxxx in the same proportion that the Parking ---- Area so taken bears to the locationminimum Parking Area above set forth. If, layoutat any time during the Term, nature Landlord by its acts or omissions reduces or permits a reduction of the Parking Area or Common Facilities below the above minimum or if the Landlord changes the location or arrangement of the Common Facilities or any alteration Parking Area, the Rent payable pursuant to any portion the terms of the Common Area, which would (a) unreasonably deprive Tenant Section of access to this Lease entitled RENT of this Lease and all other charges payable under the Premises, (b) interfere with the use terms 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 this Lease 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 shall not be denied access to the Premisesxxxxx. 13.4 Landlord covenants to keep, maintain, manage and operate the Common Facilities in good order, condition and repair consistent with the operation of a first class office building-retail-parking complex and to keep the sidewalks and driveways, if any, constituting a portion of the Common Area clean and reasonably clear of snow and ice. Landlord reserves the right of access to the Common Facilities through the Premises for the purposes of operation, decoration, cleaning, maintenance, safety, security, alteration and repair.