Common use of Exercise Facility Clause in Contracts

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. The Building has From and after the Lease Commencement Date, Landlord shall provide an exercise center and a locker room facility, located on the lower level of in the Building (the “Exercise Facility”), which shall (a) contain an aggregate of approximately one thousand three hundred (1,300) rentable square feet, (b) be operated and maintained in a high quality condition and otherwise in a manner consistent with the maintenance and operation of exercise facilities in Comparable Buildings, and (c) 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 thereforfor such use, and (iii) the use of the Exercise Facility shall be limited to those parties who physically occupy space in the Building and shall not be available for use by any person who occupies so-called “virtual space,” i.e., utilizes a portion of the services or facilities at the Premises without having a physical office therein which is used on a regular basis (a “Virtual User”). Admission to the Exercise Facility will be obtained through the use of the Building access control security system. Use Subject to the terms of Section 13 above, use of the Exercise Facility and the hours of operation thereof will be subject to such reasonable rules and regulations as that Landlord or its agent may promulgate, and amend, from time to time, which rules and regulations shall be consistent with those for exercise facilities operated in Comparable Buildings. 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 in reasonable form consistent with terms generally adopted by Landlord or its agent, and (b) if Landlord charges a fee landlords for the use of the Exercise Facility until such person has paid such fee, it being understood and agreed that exercise facilities operated in Comparable Buildings. Landlord shall not charge any fees for use of the Exercise Facility. The Exercise Facility shall contain separate men’s and women’s locker rooms, other each containing no less than for specialty services two (e.g.2) shower stalls (as well as sinks and toilets), personal trainingwhich will be kept operational, massage clean and similar services)tidy by Landlord throughout each day of the week, and in a manner consistent with the operation of exercise facilities in Comparable Buildings. Notwithstanding anything contained herein Cleaning will be extended to weekends and Holidays if permitted use warrants same. Subject to the contraryterms of Section 0.XX above, all reasonable out-of-pocket expenses of operating and maintaining the Exercise Facility (including, but not limited to, equipment leasesleases but excluding any rental payments for the premises occupied by the Exercise Facility), other than costs of the initial construction and the initial equipment installed therein, shall be includable in Operating Expenses (it being agree that all equipment installed in the Exercise Facility shall be leased and not purchased by Landlord). All electronic fitness equipment in the Exercise Facility shall be replaced once every five (5) years. Landlord reserves the right, at its sole cost which shall not 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 (1) the size of the exercise facility shall not be reduced, (2) Landlord provides Tenant with at least thirty (30) days prior written notice of such relocation and that (3) Landlord promptly commences and diligently pursues to completion such relocation, such that the relocationExercise Facility shall not be out of operation for more than ten (10) days as the result of any such relocation thereof by Landlord. The Exercise Facility shall contain substantially the same equipment as is described on Exhibit K attached hereto and made a part hereof or such equipment as Landlord, in its reasonable discretion, determines is as good or better than such equipment with respect to function and quality.

Exercise Facility. The Building has a. Landlord agrees to maintain within the Parking Structure an exercise center located on the lower level facility of the Building (the “Exercise Facility”), which shall be operated and maintained approximately 900 square feet for the non-exclusive use of by Landlord, its agents, employees or invitees and the office tenants of the Building, including Tenant and its employees; providedother permitted users, 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 according to such rules and regulations as Landlord or its agent may promulgate, and amend, from time to timetime promulgate, throughout the term of the Lease and any extension thereof. It is understood that no person Such facilities shall be entitled to use the Exercise Facility until (a) such person has signed include exercise equipment of a waiver of liability to be prepared 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 its agentthe exercise facilities is at their own risk, and (bii) if Landlord charges a fee shall not be liable for the any injuries of damages resulting from use of the Exercise Facility until such person has paid such fee, it being understood facility by any party and agreed that Landlord shall not charge be subject to any fees for claims, demands, liabilities or causes of action arising out of such use of the Exercise Facilityfacility. Tenant shall indemnify, other than for specialty services (e.g.defend, personal trainingand hold harmless Landlord from and against any and all claims, massage demands, liability, loss or damage arising out of use by the Tenant and similar services)its officers, agents, employees, guests or invitees of the exercise facility. Notwithstanding anything contained herein Access to the contrary, all expenses of operating and maintaining the Exercise Facility (including, but not limited to, equipment leases) facility shall be included permitted only in Operating Expenses. accordance with Landlord's rules and regulations, and Landlord reserves the right to change the location refuse access to such facility as a result of any breach or violation of Landlord's rules and regulations concerning use of the Exercise Facility to a space facility, or any other default under the terms of comparable size with comparable equipment and features within the Building at any time and from time to time, provided this Lease. Tenant acknowledges that Landlord provides Tenant with prior written notice 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 relocation waiver and indemnification given to Landlord by each such individual in connection with their use of the exercise facility. b. Tenant shall be entitled to that number of passes indicated in subparagraph 1.o. of this Lease. Passes shall consist of building passcards encoded to permit access to the facility. Only those employees authorized by Tenant in writing shall have their passcards so encoded. If an authorized person does not otherwise have a passcard, a passcard will be provided for a deposit of $25. All users of the exercise facility shall sign a release and waiver in form acceptable to Landlord promptly commences and diligently pursues prior to admittance to the relocationexercise facility.