CONTROL OF COMMON AREAS. Landlord shall at all times have exclusive control of the Common Areas. Landlord shall have the right, without the same constituting an actual or constructive eviction and without entitling Tenant to any reduction in or abatement of Rent, to: (i) temporarily close any part of the Common Areas to whatever extent required in the opinion of Landlord's counsel to prevent a dedication thereof or the accrual of any prescriptive rights therein; (ii) temporarily close all or any part of the Common Areas to perform maintenance or for any other reason deemed sufficient or necessary by Landlord; (iii) change the shape, size, location, number and extent of improvements within the Common Areas including, without limitation, changing the location of driveways, entrances, exits, parking spaces, parking areas, sidewalks, directional or locator signs, or the direction of the flow of traffic; and (iv) to make additions to the Common Areas including, without limitation, the construction of parking structures. Landlord shall have the right to change the name or address of the Building. Tenant, in its use of the Common Areas, shall keep the Common Areas free and clear of all obstructions created or permitted by Tenant. If, in the opinion of Landlord, unauthorized persons are using any of the Common Areas by reason of, or under claim of, the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, to the fullest extent then allowed by Law, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use. In exercising Landlord's rights hereunder, Landlord shall use commercially reasonable efforts to avoid any unreasonable interference with Tenant's use of, access to, or parking at the Premises.
Appears in 2 contracts
Samples: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)
CONTROL OF COMMON AREAS. Landlord shall at all times have exclusive control of the Common Areas. Landlord shall have the right, without the same constituting an actual or constructive eviction and without entitling Tenant to any reduction in of or abatement of Rentrent, to: (i) temporarily close any part of the Common Areas to whatever extent required in the opinion of Landlord's ’s counsel to prevent a dedication thereof or the accrual of any prescriptive rights therein; (ii) temporarily close all or any part of the Common Areas to perform maintenance or for any other reason deemed sufficient or necessary by Landlord; (iii) change the shape, size, location, number and extent of improvements within the Common Areas including, without limitation, changing the location of driveways, entrances, exits, parking spaces, parking areas, sidewalks, directional or locator signs, or the direction of the flow of traffic; and (iv) to make additions to the Common Areas including, without limitation, the construction of parking structures. Landlord shall have the right to change the name or address of the Buildingbuilding. Tenant, in its use of the Common Areas, shall keep the Common Areas free and clear of all obstructions created for or permitted by Tenant. If, in the opinion of Landlord, unauthorized persons are using any of the Common Areas by reason of, or under claim of, the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, to the fullest extent then allowed by Law, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use. Nothing contained herein shall affect the right of Landlord at any time to remove any unauthorized person from the Common Areas or to prohibit the use of the Common Areas by unauthorized persons, including, without limitation, the right to prohibit mobile food and beverage vendors. In exercising Landlord's rights hereunderany such right regarding the Common Areas, Landlord shall use commercially make a reasonable efforts effort to avoid minimize any unreasonable interference with disruption to Tenant's use of, access to, or parking at the Premises’s business.
Appears in 2 contracts
Samples: Industrial Space Lease (Adeza Biomedical Corp), Industrial Space Lease (Adeza Biomedical Corp)
CONTROL OF COMMON AREAS. Landlord shall at all times have exclusive control of the Common Areas. Landlord shall have the right, without the same constituting an actual or constructive eviction and without entitling Tenant to any reduction in or abatement of Rentrent, to: (i) temporarily close any part of the Common Areas to whatever extent required in the opinion of Landlord's ’s counsel to prevent a dedication thereof or the accrual of any prescriptive rights therein; (ii) temporarily close all or any part of the Common Areas to perform maintenance or for any other reason deemed sufficient or necessary by Landlord; (iii) change the shape, size, location, number and extent of improvements within the Common Areas including, without limitation, changing the location of driveways, entrances, exits, parking spaces, parking areas, sidewalks, directional or locator signs, or the direction of the flow of traffic; and (iv) to make additions to the Common Areas including, without limitation, the construction of parking structures. Landlord shall have the right to change the name or address of the Building. Tenant, in its use of the Common Areas, shall keep the Common Areas free and clear of all obstructions created or permitted by Tenant. If, in the opinion of Landlord, unauthorized persons are using any of the Common Areas by reason of, or under claim of, the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, to the fullest extent then allowed by Law, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use. Nothing contained herein shall affect the right of Landlord at any time to remove any unauthorized person from the Common Areas or to prohibit the use of the Common Areas by unauthorized persons, including, without limitation, the right to prohibit mobile food and beverage vendors. In exercising Landlord's rights hereunderany such right regarding the Common Areas, Landlord shall use commercially make a reasonable efforts effort to avoid minimize any unreasonable interference with disruption to Tenant's use of, access to, or parking at the Premises’s business.
Appears in 2 contracts
Samples: Industrial Space Lease (Silicon Graphics International Corp), Industrial Space Lease (Rackable Systems, Inc.)
CONTROL OF COMMON AREAS. Landlord shall at all times have exclusive control of the Common Areas. Landlord shall have the right, without the same constituting an actual or constructive eviction and without entitling Tenant to any reduction in or abatement of Rentrent, to: (i) temporarily close any part of the Common Areas to whatever extent required in the opinion of Landlord's counsel to prevent a dedication thereof or the accrual of any prescriptive rights therein; (ii) temporarily close all or any part of the Common Areas to perform maintenance or for any other reason deemed sufficient or necessary by Landlord; (iii) change the shape, size, location, number and extent of improvements within the Common Areas including, without limitation, changing the size, location or number of driveways, entryways, lobbies, corridors, doors, restrooms, entrances, exits, parking spaces, parking areas, sidewalks, directional or locator signs, or the direction of the flow of traffictraffic within the Project; and (iv) to make additions to the Common Areas including, without limitation, the construction of parking structures. Landlord shall have the right to change the name or address of the Building. Tenant, in its use of the Common Areas, shall keep the Common Areas free and clear of all obstructions created or permitted by Tenant. If, in the opinion of Landlord, unauthorized persons are using any of the Common Areas by reason of, or under claim of, of the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, to the fullest extent then allowed by Law, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use. Nothing contained herein shall affect the right of Landlord at any time to remove any unauthorized person from the Common Areas or to prohibit the use of the Common Areas by unauthorized persons, including, without limitation, the right to prohibit mobile food and beverage vendors. In exercising Landlord's rights hereunderany such right regarding the Common Areas, Landlord shall use commercially make a reasonable efforts effort to avoid reduce any unreasonable interference with disruption to Tenant's use of, access to, or parking at the Premisesbusiness based on this section 4.10.
Appears in 2 contracts
Samples: Lease Agreement, Industrial Space Lease
CONTROL OF COMMON AREAS. Landlord shall at all times have the sole and exclusive control of the Common Areas, as well as the right to make changes to the Common Areas. Notwithstanding the preceding sentence, Landlord shall have the right, without the same constituting an actual is not responsible for any harm or constructive eviction and without entitling Tenant damage to any reduction of Tenant's officers, agents, or employees as a result of their use of the Common Areas. Landlord's rights (which shall be exercised in such a manner so as not to permanently and materially interfere with the use of the Premises for the Permitted Use or abatement permanently and materially reduce the parking ratio for the Project below that required to be maintained by applicable law) shall include, but not be limited to, the right to (a) restrain the use of Rentthe Common Areas by unauthorized persons, to: (ib) utilize from time to time any portion of the Common Areas for promotional and related matters, (c) temporarily close any part portion of the Common Areas to whatever extent required in for repairs, improvements or alterations, (d) change the opinion of Landlord's counsel to prevent a dedication thereof or the accrual of any prescriptive rights therein; (ii) temporarily close all or any part shape and size of the Common Areas to perform maintenance or for any other reason deemed sufficient or necessary by Landlord; (iii) change the shape, size, location, number and extent location of improvements within the Common Areas Areas, including, without limitation, changing the location of driveways, entrances, exits, parking spaces, parking areas, sidewalksroadways and curb cuts, directional and (e) prohibit access to or locator signsuse of Common Areas that are designated for the storage of supplies or operation of equipment necessary to operate the Project or Building. As used in the parenthetical phrase in the foregoing sentence, the term "permanently" means a material interference which extends for a period in excess of sixty (60) consecutive days. Such parenthetical phrase shall not be applied to prevent Landlord from, and Landlord shall have no liability to Tenant for, performing repairs or maintenance which are required or permitted to be performed by Landlord pursuant to this Lease and which are reasonably necessary to maintain the direction Project in good condition and repair or to comply with Section XVIII. and/or XIX. below. Landlord may determine the nature, size and extent of the flow of traffic; and (iv) to Common Areas as well as make additions changes to the Common Areas including, without limitation, the construction of parking structures. Landlord shall have the right from time to change the name or address of the Building. Tenanttime which, in its use of the Common Areasopinion, shall keep the Common Areas free and clear of all obstructions created or permitted by Tenant. If, in the opinion of Landlord, unauthorized persons are using any of the Common Areas by reason of, or under claim of, the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, to the fullest extent then allowed by Law, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use. In exercising Landlord's rights hereunder, Landlord shall use commercially reasonable efforts to avoid any unreasonable interference with Tenant's use of, access to, or parking at the Premiseswe deemed desirable.
Appears in 2 contracts
Samples: Lease Agreement (Peregrine Systems Inc), Lease (Peregrine Systems Inc)
CONTROL OF COMMON AREAS. Landlord shall at all times have exclusive control of the Common Areas. Landlord shall have the right, without the same constituting an actual or constructive eviction and without entitling Tenant to any reduction in or abatement of Rentrent, to: (i) temporarily close closed any part of the Common Areas to whatever extent required in the opinion of Landlord's ’s counsel to prevent a dedication thereof or the accrual of any prescriptive rights therein; : (ii) temporarily close all or any part of the Common Areas to perform maintenance or for any other reason deemed sufficient or necessary by Landlord; (iii) change the shape, size, location, number and extent of improvements within the Common Areas including, without limitation, changing the location of driveways, entrances, exits, parking spaces, parking areas, sidewalks, directional or locator signs, or the direction of the flow of traffic; and (iv) to make additions to the Common Areas including, without limitation, the construction of parking structures. Landlord shall have the right to change the name or address of the Building. Tenant, Tenant in its use of the Common Areas, shall keep the Common Areas free and clear of all obstructions created or permitted by Tenant. If, in the opinion of Landlord, unauthorized persons are using any of the Common Areas by reason of, or under claim of, the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, to the fullest extent then allowed by Law, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use. Nothing contained herein shall affect the right of Landlord at any time to remove any unauthorized person from the Common Areas or to prohibit the use of the Common Areas by unauthorized persons, including without limitation, the right to prohibit mobile food and beverage vendors. In exercising Landlord's rights hereunderany such right regarding the Common Areas, Landlord shall use commercially make a reasonable efforts effort to avoid minimize any unreasonable interference with disruption to Tenant's use of, access to, or parking at the Premises’s business.
Appears in 2 contracts
Samples: Industrial Space Lease (Viasystems Group Inc), Industrial Space Lease (Viasystems Group Inc)
CONTROL OF COMMON AREAS. Landlord shall at all times have exclusive control expressly reserves the right and privilege in its sole discretion to (i) determine the nature, extent and use of the Common Areas. Landlord shall have the right, without as the same constituting an actual may exist from time to time, and whether portions thereof shall be surface, underground or constructive eviction multiple - deck, (ii) change the sign criteria for the Shopping Center, and without entitling Tenant (iii) make such changes, additions and/or deletions to any reduction in or abatement of Rent, to: (i) temporarily close any part of the Common Areas from time to whatever extent required time as provided elsewhere in this Lease or as in Xxxxxxxx's opinion may otherwise be deemed desirable, including without limitation : ( 1 ) the opinion of Landlord's counsel to prevent a dedication thereof or the accrual of any prescriptive rights therein; (ii) temporarily close all or any part of the Common Areas to perform maintenance or for any other reason deemed sufficient or necessary by Landlord; (iii) change the shape, sizeaddition, location, number and extent of improvements within the Common Areas including, without limitation, changing the location relocation and/or elimination of driveways, entrances, exits, parking spaces, parking patio areas, sidewalkswalkways and/or sidewalks ; ( 2 ) the placement of kiosks, directional or locator signscarts, or advertising, entertainment events, promotional events and/or any other displays and/or events ; ( 3 ) the direction of the and flow of traffictraffic ; ( 4 ) the installation of prohibited areas, landscaped areas and/or any other areas, and (ivany equipment and/or facilities relating thereto ; ( 5 ) to make additions to and/or deletions from the land from time to lime comprising the Common Areas including; and ( 6 ) the modification, without limitation, renovation and/or demolition of existing and/or the construction of additional buildings, retail areas, pads, pad areas, mall areas, parking structures{whether surface, subsurface and/or decked) and/or other structures and/or improvements . Notwithstanding anything to the contrary contained in this Lease, Tenant shall have no right to seek damages or to cancel or terminate this Lease because of any changes made to the Shopping Center or Common Areas as permitted herein . Tenant shall not restrict, inhibit or prohibit any such changes nor shall Tenant preclude access to the Premises by Landlord or its employees or contractors in connection therewith . 4.8 Rules and Regulations. Landlord shall have the right to change the name or address of the Building. Tenantestablish and, in its use of the Common Areas, shall keep the Common Areas free and clear of all obstructions created or permitted by Tenant. If, in the opinion of Landlord, unauthorized persons are using any of the Common Areas by reason of, or under claim of, the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrainfrom time to time, to the fullest extent then allowed by Lawchange, such unauthorized usealter and amend, and shall initiate to enforce, against Tenant and the other users of said Common Area!j,such appropriate proceedings reasonable rules and regulations as may be required to so restrain such use. In exercising Landlord's rights hereunderdeemed Tenant: d {' - 1: Guarantor: ;/ /V - Guarantor: Palo Verde Shopping Center - LBC Bioscience, Landlord shall use commercially reasonable efforts to avoid any unreasonable interference with Tenant's use of, access to, or parking at the Premises.Inc. (tenant)
Appears in 1 contract
CONTROL OF COMMON AREAS. Landlord shall at all times have exclusive control of the Common Areas. Landlord shall have the right, without the same constituting an actual or constructive eviction and without entitling Tenant to any reduction in or abatement of Rentrent, to: (i) temporarily close any part of the Common Areas to whatever extent required in the opinion of Landlord's counsel to prevent a dedication thereof or the accrual of any prescriptive rights therein; (ii) temporarily close all or any part of the Common Areas to perform maintenance or for any other reason deemed sufficient or necessary by Landlord; (iii) change the shape, size, location, number and extent of improvements within the Common Areas including, without limitation, changing the size, location or number of driveways, entryways, lobbies, corridors, doors, restrooms, entrances, exits, parking spaces, parking areas, sidewalks, directional or locator signs, or the direction of the flow of traffictraffic within the Project; and (iv) to make additions to the Common Areas including, without limitation, the construction of parking structures. Landlord shall have the right to change the name or address of the Building. Tenant, in its use of the Common Areas, shall keep the Common Areas free and clear of all obstructions created or permitted by Tenant. If, in the opinion of Landlord, unauthorized persons are using any of the Common Areas by reason of, or under claim of, of the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, to the fullest extent then allowed by Law, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use. Nothing contained herein shall affect the right of Landlord at any time to remove any unauthorized person from the Common Areas or to prohibit the use of the Common Areas by unauthorized persons, including, without limitation, the right to prohibit mobile food and beverage vendors. In exercising Landlord's rights hereunderany such right regarding the Common Areas, Landlord shall use commercially make a reasonable efforts effort to avoid reduce any unreasonable interference with disruption to Tenant's use of, access to, or parking at the Premisesbusiness based on this section 4.9.
Appears in 1 contract
CONTROL OF COMMON AREAS. Landlord shall at all times have exclusive control of the Common Areas. Landlord shall have the right, without the same constituting an actual or constructive eviction and without entitling Tenant to any reduction in of or abatement of Rentrent, to: (i) temporarily close all or any part of the Common Areas to whatever extent required in the opinion of Landlord's counsel to prevent a dedication thereof or the accrual of any prescriptive rights therein; (ii) temporarily close all or any part of the Common Areas to perform maintenance or for any other reason deemed sufficient or necessary by Landlord; (iii) change the shape, size, location, number and extent of improvements within the Common Areas including, without limitation, changing the location of driveways, entrances, exits, parking spaces, parking areas, sidewalks, directional or locator signs, or the direction of the flow of traffic; and (iv) to make additions to the Common Areas including, without limitation, the construction of parking structures. Landlord shall have the right to change the name or address of the Buildingbuilding. Tenant, in its use of the Common Areas, shall keep the Common Areas free and clear of all obstructions created for or permitted by Tenant. If, in the opinion of Landlord, unauthorized persons are using any of the Common Areas by reason of, or under claim of, the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, to the fullest extent then allowed by Law, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use. Nothing contained herein shall affect the right of Landlord at any time to remove any unauthorized person from the Common Areas or to prohibit the use of the Common Areas by unauthorized persons, including, without limitation, the right to prohibit mobile food and beverage vendors. In exercising Landlord's rights hereunderany such right regarding the Common Areas, Landlord shall use commercially make a reasonable efforts effort to avoid minimize any unreasonable interference with disruption to Tenant's use of, access to, or parking at the Premisesbusiness.
Appears in 1 contract
CONTROL OF COMMON AREAS. Landlord shall have the right at all times to determine the nature and extent of the Common Areas and to make changes from time to time which in Landlord's opinion are desirable and in the best interests of all persons using the Common Areas. Landlord's rights hereunder include without limitation, the right to install, remove, relocate and change driveways, entrances, exits, automobile parking spaces, the direction and flow of traffic, prohibited areas, landscaped areas, utilities and all facilities of the foregoing, provided Landlord does not materially change the size or location of the Premises or the principal means of ingress to or egress from the Premises or reduce the parking space availability below the City of Los Angeles' requirements. Landlord shall have exclusive control of the Common Areas. Landlord shall have the right, and may, without the same constituting an actual or constructive eviction and without entitling Tenant to any reduction in or abatement of Rentlimitation, to: (i) temporarily close any part of lease space within the Common Areas to whatever extent required tenants for the sale of merchandise or services, and permit advertising displays, educational displays and entertainment in the opinion of Landlord's counsel to prevent a dedication thereof or the accrual of any prescriptive rights therein; (ii) temporarily close all or any part Common Areas: provided, however, none of the Common Areas to perform maintenance foregoing shall materially adversely affect the visibility or for any other reason deemed sufficient or necessary by Landlord; (iii) change the shape, size, location, number and extent of improvements within the Common Areas including, without limitation, changing the location of driveways, entrances, exits, parking spaces, parking areas, sidewalks, directional or locator signs, or the direction accessibility of the flow of traffic; and (iv) to make additions to the Common Areas including, without limitation, the construction of parking structuresPremises. Landlord shall have may at any time and from time to time during the right to change the name Term exclude and restrain any person from use or address of the Building. Tenant, in its use occupancy of the Common Areas, shall keep except for bona fide employees, customers, patrons and service suppliers of Tenant and other tenants and occupants of the Shopping Center who use the Common Areas free in accordance with the rules and clear regulations then established by Landlord. The rights of Tenant under this Article 25 shall at all obstructions created or permitted by Tenant. If, in times be subject to the opinion rights of Landlord, unauthorized persons are using any the other tenants of Landlord and the other owners and occupants of the Shopping Center to use the Common Areas by reason of, in common with Tenant. Tenant shall not create or under claim of, permit any obstructions in the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, to the fullest extent then allowed by Law, such unauthorized use, Common Areas and shall initiate such appropriate proceedings as may be required permit its customers, patrons and service suppliers to so restrain such use. In exercising Landlord's rights hereunder, Landlord shall use commercially reasonable efforts the Common Areas only for normal parking and ingress and egress to avoid any unreasonable interference with and from the Building occupied by Tenant's use of, access to, or parking at the Premises.
Appears in 1 contract
Samples: Shopping Center Sublease (United Panam Financial Corp)
CONTROL OF COMMON AREAS. Tenant's use of the Common Areas shall be subject to the provisions of this Lease and Landlord's rights, hereby reserved, to (a) restrain the use of the Common Areas by unauthorized persons, (b) utilize from time to time any portion of the Common Areas for promotional and related matters, (c) temporarily close any portion of the Common Areas for repairs, improvements or alterations, (d) change the shape and size of the Common Areas or change the location of improvements within the Common Areas, including, without limitation, parking areas, roadways and curb cuts, and, (e) prohibit access to or use of Common Areas that are designated for the storage of supplies or operation of equipment necessary to operate the Project or Building. In addition, Landlord may determine the nature, size and extent of the Common Areas as well as make changes to the Common Areas and take such other actions in connection therewith from time to time which, in its opinion, are deemed desirable. Notwithstanding the foregoing, no exercise of Landlord's rights under this Paragraph shall at all times have exclusive control (a) unreasonably prevent, interfere or make inconvenient Tenant's ordinary performance of Tenant's business in the Premises, (b) impede Tenant's reasonable access to the Premises or materially reduce the number of parking spaces available to Tenant hereunder, or (c) increase Tenant's Proportionate Share. Landlord agrees to give reasonable advance written notice to Tenant of any significant alterations to or improvements of the Common Areas. Landlord At such time as Tenant shall take possession and control of all of the net leasable area of the Building, and provided further that Tenant is not then in default under any of its obligations under this Lease, and continuing thereafter for so long as Tenant shall lease the entire Building and faithfully observe and perform all of its obligations under this Lease, Tenant shall have the right, without at its election, to be exercised by written notice to Landlord and to become effective on a date set forth in such notice, which date shall not be less than sixty (60) days from the same constituting an actual or constructive eviction effective date of such notice, to assume and without entitling Tenant to take over, all at Tenant's sole cost, risk and expense, direct responsibility for any reduction in or abatement of Rent, to: (i) temporarily close any part of the following specified services theretofore provided by Landlord for the Premises and the Common Areas within the Building, to whatever extent required wit: janitorial services, including cleaning, dusting, vacuuming, carpet cleaning, restroom supplies, and any related activities within the Building, interior painting and decoration, lighting bulb and tube replacement, interior Building security (but not exterior Common Area security), and such other items as Landlord and Tenant may mutually agree in their respective discretion; provided, however, that Landlord shall retain the opinion exclusive control over all structural elements, all building systems and fixtures, all exterior Common Areas, and all maintenance and repair obligations which are otherwise not the Tenant's responsibility. Notwithstanding the foregoing, all janitors closets, all mechanical, electrical and telephone rooms shall remain under the exclusive control of Landlord; provided that Tenant shall have the limited right to use the telephone and electrical rooms in order to integrate Tenant's counsel to prevent a dedication thereof or the accrual electrical and telephone distribution systems, so long as all of any prescriptive rights therein; (ii) temporarily close all or any part Tenant's equipment is installed and maintained outside of the Common Areas to perform maintenance or for any other reason deemed sufficient or necessary by Landlord; (iii) change the shapesuch rooms. In addition, size, location, number and extent of improvements within the Common Areas including, without limitation, changing the location of driveways, entrances, exits, parking spaces, parking areas, sidewalks, directional or locator signs, or the direction of the flow of traffic; and (iv) to make additions to the Common Areas including, without limitation, the construction of parking structures. Landlord shall have the right to change maintain a storage room on the name or address first and fourth floors of the BuildingBuilding for the exclusive use, and under the sole control, of Landlord, its agents, employees and contractors. The scope of services which shall be permitted to be directly undertaken by Tenant shall be set forth in a written agreement executed by Landlord and Tenant, as a condition to Tenant being permitted to perform any such services. In discharging all such services, Tenant shall perform the same in its use of a manner which is consistent with Class A office space in the Common AreasMarket Area, shall keep and in any event at least to the same standards as performed and maintained by Landlord in the Common Areas free inside buildings on the remainder of the Project. In no event shall Tenant prevent or interfere with any right of Landlord to enter the Building or any portion of the Premises for any and clear all purposes consistent with Landlord's ownership thereof and Landlord's continuing obligations hereunder, including without limitation, the performance of such services, maintenance, repairs or replacements to any and all portions of the Building as Landlord may deem necessary or desirable, or as may otherwise be required of Landlord under the terms of this Lease. With respect to any service over which Tenant assumes direct responsibility, the cost of those same services provided to other buildings in the Project shall, for purposes of determining Tenant's Actual Operating Costs, be deleted from the calculation of Operating Costs, commencing on the first day of the first full calendar month in which Tenant shall be undertaking such service, provided that Tenant shall pay the cost of such service for the Building in a timely manner. If Tenant shall fail to provide and pay the cost of such services after assuming responsibility therefor, then Tenant shall, if said services are provided or paid by Landlord, or provided by service providers engaged and paid by Landlord, pay the costs of all obstructions created or permitted by Tenant. If, in the opinion of Landlord, unauthorized persons are using any of the Common Areas by reason of, or under claim of, the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, such services directly to the fullest extent then allowed by Law, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use. In exercising Landlord's rights hereunder, Landlord shall use commercially reasonable efforts to avoid any unreasonable interference with Tenant's use of, access to, or parking at the Premiseson an invoice basis.
Appears in 1 contract