Exercise Facility. The County shall provide an exercise facility at the Main Jail, Elmwood/CCW. The County will allocate the rate of $3,000 per year effective June 11, 2001 and to increase the rate to $3,500 effective June 10, 2002, and to increase the rate to $5,000 per year effective February 3, 2014 and to increase the rate to $6,000 effective July 1, 2017 and to increase the rate to $7,500 effective June 14, 2021 for the purchase and maintenance of exercise equipment for these facilities. Funds and usage are subject to County audit. The Association agrees that all employees of the Sheriff's Office may use the exercise facilities.
Exercise Facility. The Building has an exercise center located on the lower level of the Building (the “Exercise Facility”), which shall be operated and maintained for the exclusive use of Landlord, its agents, employees or invitees and the office tenants of the Building, including Tenant and its employees; provided, however, that (i) Landlord shall not be required to provide an attendant for the Exercise Facility, and (ii) such use shall be at Tenant’s sole risk and Landlord assumes no liability therefor. Admission to the Exercise Facility will be obtained through the use of the Building access control system. Use of the Exercise Facility and the hours of operation thereof will be subject to such rules and regulations as Landlord or its agent may promulgate, and amend, from time to time. It is understood that no person shall be entitled to use the Exercise Facility until (a) such person has signed a waiver of liability to be prepared by Landlord or its agent, and (b) if Landlord charges a fee for the use of the Exercise Facility until such person has paid such fee, it being understood and agreed that Landlord shall not charge any fees for use of the Exercise Facility, other than for specialty services (e.g., personal training, massage and similar services). Notwithstanding anything contained herein to the contrary, all expenses of operating and maintaining the Exercise Facility (including, but not limited to, equipment leases) shall be included in Operating Expenses. Landlord reserves the right to change the location of the Exercise Facility to a space of comparable size with comparable equipment and features within the Building at any time and from time to time, provided that Landlord provides Tenant with prior written notice of such relocation and that Landlord promptly commences and diligently pursues the relocation.
Exercise Facility. By its execution of this Lease, Tenant acknowledges that ----------------- it is aware that the Building may contain an exercise facility. Tenant and its employees over the age of eighteen (18) years may reasonably use the exercise facility and its equipment; provided, however, that Tenant, its employees, agents, or invitees shall not use the exercise facility or its equipment unless he/she has signed a waiver and release in the form attached hereto as Exhibit E and made a part hereof, and the original of such executed waiver and release has been delivered to Landlord. In consideration for the right to use the exercise facility, Tenant agrees to faithfully enforce the provision of this Paragraph 37, and to indemnify and hold Landlord harmless from any claims or damages, including attorneys' fees, incurred as a result of the use of the exercise facility and its equipment pursuant to use by its employees, agents, or invitees in this Paragraph 37.
Exercise Facility. Landlord shall operate, or cause to be operated, throughout the Term of this Lease an exercise facility (which may or may not be staffed, at Landlord's sole election) for use by employees of all tenants of the Building containing exercise equipment, men's and women's showers and locker facilities. Notwithstanding the foregoing, such exercise facility shall be available for use on a temporary basis by visiting employees of Tenant's affiliates. Employees of Tenant and its affiliates shall not be separately charged for the use of such exercise facility. Such exercise facility shall be available for use by employees of Tenant and its affiliates during Normal Building Operating Hours, legal holidays excepted. As a condition to the use of such exercise facility, each employee shall be required to execute and deliver to the Building management office prior to the first such use the Metro Center Fitness Club Usage Agreement in the form attached hereto as Exhibit F.
Exercise Facility. Section 2.B. (captioned “Exercise Facility”) of the Additional Provisions attached as Exhibit F to the Lease is hereby amended to provide that the Exercise Facility shall be for the exclusive use of Tenant and its on-site employees during such period as the Premises shall be comprised of at least 303,804 rentable square feet of space. In addition, notwithstanding anything to the contrary contained in said Section 2.B., Tenant acknowledges and agrees that if it shall desire any services to be provided to the Exercise Facility (e.g., towel services, exercise classes or programs), Tenant shall separately arrange and pay for such services, and such services and the providers thereof shall be subject to Landlord’s prior approval and the applicable rules and regulations of the Building, including vendor insurance requirements.
Exercise Facility a. Landlord agrees to maintain within the Parking Structure an exercise facility of approximately 900 square feet for non-exclusive use by Landlord, Tenant and other permitted users, according to such rules and regulations as Landlord may from time to time promulgate, throughout the term of the Lease and any extension thereof. Such facilities shall include exercise equipment of a type and quality selected by Landlord (which may, but need not necessarily include rowing machines, exercise bicycles and treadmills) plus separate men's and women's lockers and showers. Tenant agrees that (i) it will instruct all of its officers, agents, employees, guests, and invitees that use or the exercise facilities is at their own risk, and (ii) Landlord shall not be liable for any injuries of damages resulting from use of the facility by any party and shall not be subject to any claims, demands, liabilities or causes of action arising out of such use of the facility. Tenant shall indemnify, defend, and hold harmless Landlord from and against any and all claims, demands, liability, loss or damage arising out of use by the Tenant and its officers, agents, employees, guests or invitees of the exercise facility. Access to the facility shall be permitted only in accordance with Landlord's rules and regulations, and Landlord reserves the right to refuse access to such facility as a result of any breach or violation of Landlord's rules and regulations concerning use of the facility, or any other default under the terms of this Lease. Tenant acknowledges that Landlord may require each individual wishing to use the exercise facility to execute a waiver and indemnification in favor Landlord. Nothing contained in this numbered paragraph shall be deemed to limit or quality the scope or effect of such waiver and indemnification given to Landlord by each such individual in connection with their use of the exercise facility.
Exercise Facility. So long as Landlord or an affiliate of Landlord causes an exercise facility (“Exercise Facility”) to be maintained and operated at the building located at 00 Xxxxxxx, Xxx Xxxx, Xxxxxxxxxx (“Ten Almaden”) for general use by occupants of Ten Almaden, Landlord or such affiliate of Landlord shall cause such Exercise Facility to be made available for use by Tenant’s employees during the same hours and upon the same terms and conditions as such Exercise Facility is made generally available for use by occupants of Ten Almaden. Without limiting the foregoing, any employee of Tenant electing to use the Exercise Facility shall be required, before commencing such use, to execute and deliver to Landlord or affiliate of Landlord (or the operator of the Exercise Facility) Landlord’s (or such affiliate’s or such operator’s) then-standard form of license or other agreement governing the same and to pay the applicable fee. As of the date hereof, the fee to use the Exercise Facility is $200.00 per person per year.
Exercise Facility. By its execution of this Lease, Tenant acknowledges that it is aware that the Complex may contain an exercise facility in Landlord's sole election. Tenant and its employees over the age of eighteen (18) years may reasonably use the exercise facility and its equipment in accordance with the rules therefor established by Landlord; provided, however, that no person shall use the exercise facility or its equipment unless he/she has signed a waiver and release in the form attached hereto as Exhibit E and made a part hereof, and the original of such executed waiver and release has been delivered to Landlord. In consideration for the right to use the exercise facility, Tenant agrees to faithfully enforce the provision of this Paragraph 35, and to indemnify, defend and hold Landlord harmless from any claims or damages, including reasonable attorneys' fees, incurred as a result of the use of the exercise facility and its equipment including but not limited to any personal injury, pursuant to this Paragraph 35. Use of the exercise facility in violation of the provisions of this Paragraph 35 or any other unauthorized use of the exercise facility shall constitute a material breach of this Lease. The cost of operation of the exercise facility (including rent at the same per square foot rental rate as being paid by Tenant on area of the exercise facility) shall be included in the Operating Expenses described in Paragraph 3 above.
Exercise Facility. Landlord shall make available to Tenant, at no additional charge, an exercise facility with such limited workout equipment, showers, lockers and changing areas as Landlord shall determine in its sole discretion (the “Exercise Facility”) in a location in the retail space area of the Garage determined by Landlord in its sole discretion. Tenant and its on-site employees, in common with other tenants of the Building and their on-site employees, shall have the right, at no additional cost, to use the Exercise Facility on a non-exclusive basis as hereinafter set forth. Use of the Exercise Facility shall be on an unreserved, first-come, first-served basis. Tenant and/or its employees shall not store any personal property in the Exercise Facility overnight. All costs associated with the Exercise Facility, whether operated by Landlord or a third party operator, shall in any event be included in Expenses. The provisions of Section 13 of the Lease shall fully apply in connection with use of the Exercise Facility by Tenant or any other Tenant Related Parties. Without limitation of the preceding sentence, Tenant shall hold Landlord and the Landlord Related Parties harmless from and indemnify Landlord and the Landlord Related Parties against any and all Losses to the extent arising from (a) the acts or omissions of Tenant or any other Tenant Related Parties in, on or about the Exercise Facility, or (b) any accident, injury or damage, howsoever and by whomsoever caused, to Tenant or any Tenant Related Parties, occurring in, on or about the Exercise Facility, except, in each case of clauses (a) and (b) above, to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Related Parties. Landlord and the Landlord Related Parties shall not be responsible for money, jewelry or other personal property lost in or stolen from the Exercise Facility regardless of whether such loss or theft occurs when the Exercise Facility or any areas therein are locked or otherwise secured. Landlord may prescribe reasonable rules and regulations for the use of the Exercise Facility. Tenant’s use of the Exercise Facility shall be conditioned upon Tenant’s observance of such rules and regulations. Landlord may at any time temporarily discontinue operation of the Exercise Facility, and/or increase or reduce the amenities thereof, and/or relocate the Exercise Facility to elsewhere on the Property, all without any liability to Tenant. Landlord shall give Tenant reasonable ...
Exercise Facility. Tenant shall have the right to use in common with others the Building exercise facility at no additional charge. Tenant shall faithfully observe and comply with such rules and regulations regarding the exercise facility as Landlord may from time to time adopt.
