Fitness Facility. You understand that the use of the Fitness Facility at the Community and its equipment is solely at your own risk. To the extent permitted by law, neither Owner, nor Manager, or any of its/their employees (collectively the “Owner parties”) assumes any liability for injuries you, or your guests may sustain from use of the Facility or the equipment. You expressly acknowledge that there are certain dangers and risks inherent in use of exercise facilities, which may result from accidents, negligence, the use of any equipment, exercise, or other activities, or due to your physical condition. You expressly acknowledge that you voluntarily assume the sole risk for any and all dangers, illnesses, damages, personal injuries, and death that may result while using the Fitness Facility and/or while participating in exercises with or without instruction. You represent that you understand the potential risk to one’s health while exercising and/or using the Fitness Facility, which may include severe injury or even death.
Fitness Facility. The Department shall provide facilities and equipment to allow employees to maintain physical fitness at each station. Decisions related to the location of the fitness facilities, the type of and replacement of fitness equipment are within the sole discretion of the Department.
Fitness Facility. The City agrees that as long as Local continues to take part in the division’s mandatory/non-punitive/Wellness and Fitness Initiative, the City will continue to provide a fitness facility that will enable Local members to meet the intent of the standards set in NFPA 1583.
Fitness Facility. In furtherance of the provisions of Section 2.1(c), above, the parties agree that for so long as Landlord continues to operate a fitness facility within the Project (the "Fitness Facility"), Tenant's employees shall be entitled to use the same. In this regard, the parties acknowledge and agree that: (i) Landlord is under no obligation to staff the Fitness Facility and, accordingly, Tenant's employees shall use the Fitness Facility at their sole risk; (ii) Landlord may require that Tenant procure certain insurance coverage prior to the use of the Fitness Facility by any of Tenant's employees; (iii) Landlord may require Tenant's employees to participate in an orientation program prior to using the Fitness Facility and to sign waivers for the same (a copy of the waiver form currently in use is attached to this Lease as Schedule B); and (iv) Landlord may restrict the number of Tenant's employees that may use the Fitness Facility, which number shall be based proportionately on the total square feet of Premises occupied by Tenant. Landlord reserves the right to impose a membership fee for the use of the Fitness Facility (although no such fee is currently being charged); however, in such event, for each Lease Year in which such a fee is charged, the "Costs Base Year" shall be deemed increased by the amount paid by Tenant and/or its employees to Landlord on account of the use of the Fitness Facility during such Lease Year (the "Tenant's Membership Payments"). To the extent that Tenant's Operating Cost Charge for any Lease Year is not reduced by the full amount of the Tenant's Membership Payments made in such Lease Year, any unused portion shall accrue and be added to the Costs Base Year for the following Lease Year until the same is fully utilized.
Fitness Facility. The parties acknowledge that a fitness facility is or shall be provided in the lower level of the Building, containing approximately 3,000 rentable square feet, in or about the location shown on Exhibit "D" annexed hereto and made a part hereof. For so much of the Term as such fitness facility is provided in the Building, Tenant's principals and employees may use same at a cost of $100 per year per member (which amount is subject to reasonable increases from time to time time during the Term). Landlord agrees to maintain the fitness facility in good condition and Landlord shall be responsible, at its sole cost and expense, for the maintenance, repair and replacement of the fitness facility and equipment located therein. The use of the fitness facility shall be subject to the reasonable rules and regulations of Landlord now or hereafter imposed. Notwithstanding anything contained herein to the contrary, if the fitness facility closes, either temporarily or permanently, there shall be no abatement or diminution of Rent and Tenant shall in no event be relieved from any of its obligations under this lease.
Fitness Facility. You understand that the use of the Fitness Facility at the Community and its equipment is solely at your own risk. acility or the equipment. You expressly acknowledge that there are certain dangers and risks inherent in use of exercise facilities, which may result from accidents, negligence, the use of any equipment, exercise, or other activities, or due to your physical condition. You expressly acknowledge that you voluntarily assume the sole risk for any and all dangers, illnesses, damages, personal injuries, and death that may result while using the Fitness Facility and/or while participating in exercises with or wit exercising and/or using the Fitness Facility, which may include severe injury or even death.
Fitness Facility. As of the date of this Lease, a fitness facility is located in the Building (the “Fitness Facility”). Tenant and its on-site employees shall have the right, at no additional cost to Tenant, to use the Fitness Facility as hereinafter set forth. All costs associated with the Fitness Facility, whether operated by Landlord or a third party operator, shall in any event be included in Operating Expenses. The provisions of Article 25 shall fully apply in connection with use of the Fitness Facility by Tenant or any other Tenant Party. Without limitation of the preceding sentence, Tenant shall hold Landlord and the other Indemnitees harmless from and indemnify the Indemnitees against any and all Losses to the extent arising from (a) the acts or omissions of Tenant or any other Tenant Party in, on or about the Fitness Facility, or (b) any accident, injury or damage, howsoever and by whomsoever caused, to any Tenant Party, occurring in, on or about the Fitness Facility. Landlord may prescribe rules and regulations for the use of the Fitness Facility. Tenant’s use of the Fitness Facility shall be conditioned upon Tenant’s observance of such rules and regulations. Landlord may at any time close or temporarily or permanently discontinue operation of the Fitness Facility, and/or increase or reduce the amenities thereof, and/or relocate the Fitness Facility to space elsewhere in the Building, all without any liability to Tenant or any obligation to open or make available to Tenant a replacement Fitness Facility or replacement amenities. Without limitation of the foregoing, Landlord may discontinue operation of the pool that is presently part of the Fitness Facility. Notwithstanding the foregoing, Landlord shall not permanently discontinue operation of the Fitness Facility unless Landlord determines in good faith that the same is necessary by reason of material health, safety, or economic concerns, including material insurance costs or liability risks that are unacceptable to Landlord in its good faith discretion. In the event Landlord permanently discontinues operation of the Fitness Facility, Operating Expenses shall thereafter exclude costs associated with the Fitness Facility.
Fitness Facility. Subtenant shall have the non-exclusive right to use the fitness facility located in the Building (the “Fitness Facility”), which shall be accessible to employees of Subtenant during the hours that it is available to employees of Sublandlord, by means of Building standard card key readers. There will be no charge to Subtenant or its employees (other than increases in Additional Sublease Rent relating to the Fitness Facility) in connection with the use of the Fitness Facility. Subtenant and its employees shall use the Fitness Facility at their own risk and will provide any customary certifications of waiver of liability as Sublandlord may reasonably request from time to time.
Fitness Facility. If a fitness or activity facility (including, without limitation and by way of example only, a fitness room, bowling alley, climbing wall, pool, boxing ring, billiards room, etc.) (each, a “Fitness Facility”) is provided, Tenant expressly acknowledges that there are certain dangers and risks inherent in the use of exercise facilities, which may result from accidents, negligence, the use of equipment, exercise or other activities, or due to Tenants own physical condition. Tenant understands the potential risk to one’s health while exercising and/or using the Fitness activity, which may include severe injury or death. Rules may be posted at the Fitness Facility and Tenant agrees to follow any additional rules posted. Tenant should consult a physician before using any fitness equipment. Tenant should be considerate of others and wipe down equipment after its use and report any damaged or broken equipment to the management office immediately, so that the equipment may be placed "Out Of Service" until repairs have been made. Tenant will not attempt to make any repairs to the equipment. Use of these facilities is a privilege that may be revoked if Tenant abuses the equipment or guidelines. Tenant may not enter any Fitness Facility without Landlord’s prior consent or allow anyone to access a Fitness Facility without Landlord’s consent. Landlord reserves the right to deny access to any Fitness Facility to any Tenant or other person whom Landlord judges to be a risk to the safety of any person or equipment located therein.
Fitness Facility. Landlord shall, at no additional cost to Tenant or its employees (other than recovery of Operating Expenses as set forth herein), maintain an unstaffed fitness facility within the Building (the “Fitness Center”), and provide certain rights to use an outside basketball court and tennis court (the “Court Facilities”) constructed on the Land and/or land adjacent to the Building. The Fitness Center and the Court Facilities are sometimes hereinafter collectively referred to as the “Fitness Facility”. Tenant and Tenant’s employees shall have the non-exclusive right to utilize the Fitness Facility during the Fitness Facility’s hours of operation. Use of the Fitness Facility will be limited to tenants (including any permitted assignees and subtenants) of the Building and their employees (and, with respect to the Court Facilities only, the tenants of the two (2) adjacent buildings (i.e., Presidents Park I and Presidents Park III) and their employees), on a non-exclusive basis. Tenant and its employees shall use the Fitness Facility at its own risk and will provide any certifications of waiver of liability as Landlord may request from time to time. Without limiting the generality of the foregoing, each user of the Fitness Facility shall be required to execute and deliver a waiver of liability in the form attached hereto as Exhibit E (or in another similar form provided by and acceptable to Landlord). Notwithstanding anything in this Lease to the contrary, Landlord shall have the right at any time, in its sole and absolute discretion to: (a) cease the operation of all or any portion of the Fitness Facility and thereafter use the Fitness Facility space and equipment for any purpose that Landlord determines; (b) staff the Fitness Facility (or not) and contract or terminate any party hired in connection therewith; (c) modify the size, type, capacity or configuration of the Fitness Facility (it being understood, however, that the Fitness Center shall provide substantially the same services that were provided prior to such reconfiguration); (d) relocate any of the Fitness Facility (including, without limitation, relocating the Fitness Center from the Building to one of the two (2) adjacent buildings); or (e) perform any other reasonable act with respect to the Fitness Facility. In the event that Landlord makes any modification with respect to the Fitness Facility pursuant to the immediately preceding sentence, then costs of such modification shall be included within Opera...
