Common use of Health Facility Clause in Contracts

Health Facility. Landlord may elect, in Landlord's sole and absolute discretion, to provide a self-service health facility, together with equipment and amenities (as Landlord shall determine to provide in its sole discretion) ("Landlord's Health Facility") on the first (1st) floor of the Building or such other location on the Real Property as Landlord may desire, which Landlords Health Facility, if provided by Landlord, will be for use by the principals, officers, and employees of Tenant (employed at the Premises) and other tenants of the Real Property at no cost to Tenant or Tenant's principals, offices or employees; provided, however, that all costs of operating Landlord's Health Facility shall be included as a part of Project Operating Expenses. From time to time throughout the Lease Term, Landlord reserves the right, in Landlords sole and absolute discretion, to relocate Landlord's Health Facility and/or to make modifications to Landlord's Health Facility and/or to remove, replace or add to the equipment contained therein and to close Landlord's Health Facility. Tenant, for Tenant and its employees, hereby agrees that Landlord and its officers, agents, employees and independent contractors shall not be liable For, and are hereby released from, any responsibility for any loss, cost, damage, expense or liability to person or property arising from the use of Landlord's Health Facility by Tenant or Tenant's employees. In connection with the operation of Landlord's Health Facility, Landlord reserves the right to promulgate commercially reasonable rules and regulations applicable to all users of Landlord's Health Facility, which rules and regulations may include, as a condition to any persons use of Landlord's Health Facility, of such persons, execution and delivery to Landlord of a reasonable release agreement in a form specified by Landlord, releasing Landlord from any liability arising out of or in connection with such person's use of Landlords Health Facility (and upon such persons compliance with such rules and regulations which Landlord may specify for the use of Landlords Health Facility).

Health Facility. Landlord may elect, in Landlord's sole and absolute discretion, to provide a A self-service health facilityfacility containing approximately one thousand (1,000) square feet of Usable Area (inclusive of separate men’s and women’s locker rooms, which shall be included and shall contain at least two (2) showers, one (1) sink and one (1) mirror each), together with equipment and amenities (as Landlord shall reasonably determine to provide in its sole discretionreasonable discretion but which are appropriate for a first-class health facility located in an office building in the Comparison Area) ("“Landlord's ’s Health Facility"”) on the first (1st) floor of the Building or such other location on the Real Property as Landlord may desire, which Landlords Health Facility, if shall be provided by Landlord, will be Landlord within the Project for use by of the principals, officers, and employees of Tenant (employed at the Premises) and other tenants of the Real Property Project at no cost to Tenant or Tenant's ’s principals, offices officers or employees; provided, however, that all other costs of operating Landlord's such Health Facility shall be included as a part of Project the Operating ExpensesCosts. From time to time throughout the Term of this Lease Termbut without limiting the requirements for the Health Facility set forth in this Section 25.23, Landlord reserves the right, in Landlords sole and absolute discretion, right to relocate Landlord's ’s Health Facility and/or to make reasonable modifications to Landlord's ’s Health Facility and/or to remove, replace or add to the equipment contained therein and to close Landlord's ’s Health FacilityFacility in the event Landlord or a third party in the Project makes another health facility available to Tenant, so long as such other health facility is reasonably comparable to Landlord’s Health Facility and is reasonably available to all principals, officers, and employees of Tenant. Tenant, for Tenant and its employees, hereby agrees that Landlord and its officers, DEL MAR GATEWAY [Xxxxxxx Investment Partners, L.P.] agents, employees and independent contractors shall not be liable Forfor, and are hereby released from, from any responsibility for any loss, cost, damage, expense or liability to person or property arising from the use of Landlord's ’s Health Facility by Tenant or Tenant's ’s employees. In connection with Tenant hereby covenants that Tenant shall inform all of Tenant’s employees of the operation provisions of Landlord's Health Facility, Landlord reserves the right this Section 25.23 prior to promulgate commercially reasonable rules and regulations applicable to all users of Landlord's Health Facility, which rules and regulations may include, as a condition to any persons such employees’ use of Landlord's ’s Health Facility. In addition, Landlord may condition any employee’s use of Landlord’s Health Facility upon such persons, employee’s execution and delivery to Landlord of a reasonable release agreement in a form specified by Landlord, releasing Landlord from any liability arising out of or in connection with such person's employee’s use of Landlords Landlord’s Health Facility (and upon such persons employee’s compliance with such rules and regulations which Landlord may specify for the use of Landlords Landlord’s Health Facility).