Common use of Landlord’s Reserved Rights Clause in Contracts

Landlord’s Reserved Rights. Landlord reserves the right from time to time to use any of the Common Areas and to do any of the following provided that access to the Premises and the Parking Facility is maintained and the parking ratio of four parking privileges per one thousand (1,000) square feet of useable area in the Project is not adversely affected (subject to Force Majeure Events): (a) expand the Building and construct or after or remove other buildings or improvements on the Site; (b) make any changes, additions, improvements, repairs or replacements in or to the Project, the Site, the Common Areas, the Building (including the Premises if required to do so by any law or regulation) and/or any other building located on the Site and the fixtures and equipment thereof, including, without limitation: (i) maintenance, replacement and relocation of pipes, ducts, conduits, wires and meters; and (ii) changes in the location, size, shape and number of driveways, entrances, stairways, elevators, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways and, subject to Section 6.2 parking spaces and parking areas; (c) close temporarily any of the Common Areas while engaged in making repairs, improvements or alterations to the Project, Site and/or Building; (d) perform such other acts and make such other changes with respect to the Project, Site, Common Areas and Building, as Landlord may, in the exercise of its good faith business judgment, deem to be appropriate; (e) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other Common Areas located outside of the Building and, subject to Section 4.4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Operating Expenses; and (f) perform such other acts and make such other changes with respect to the Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate. Tenant hereby agrees that Landlords actions pursuant to this Section 4.2 shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from Landlord’s actions with respect to this Section 4.2 nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from Landlord’s actions with respect to this Section 4.2 or for any inconvenience or annoyance occasioned by Landlord’s actions with respect to this Section 4.2. Neither this Lease nor any use by Tenant of the Building or any passage, door, tunnel, concourse, plaza or any other area connecting the garages or other buildings with the Building, shall give Tenant any right or easement of such use and the use thereof may, without notice to Tenant, be regulated or discontinued at any time and from time to time by Landlord without liability of any kind to Tenant and without affecting the obligations of Tenant under this Lease; provided that Tenant at all times has a means of access to the Premises (subject to a temporary interruption due to Force Majeure Events or necessary maintenance or testing of building or project systems that cannot reasonably be performed without interruption of such access).

Landlord’s Reserved Rights. Landlord reserves the right from time to time to time, provided that Xxxxxx’s use any of the Common Areas and to do any of the following provided that access to the Premises and the Parking Facility is maintained and the parking ratio of four parking privileges per one thousand (1,000) square feet of useable area in the Project is not materially and adversely affected (subject to Force Majeure Events): thereby, to: (a) expand the Building install, use, maintain, repair and construct or after or remove other buildings or improvements on the Site; (b) make any changes, additions, improvements, repairs or replacements in or to the Project, the Site, the Common Areas, the Building (including the Premises if required to do so by any law or regulation) and/or any other building located on the Site and the fixtures and equipment thereof, including, without limitation: (i) maintenance, replacement and relocation of replace pipes, ducts, conduits, wires and metersappurtenant meters and equipment for service to the Premises or other parts of the Premises above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduit, wires and appurtenant meters in the Premises which are located or located elsewhere outside the Premises; and (iib) make changes to any Common Areas and/or the parking facilities located thereon, including, without limitation, changes in the location, size, shape and number of driveways, entrances, stairwaysparking spaces, elevatorsparking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways andwalkways, subject to Section 6.2 parking spaces and parking areas; as long as such changes comply with, or Landlord seeks approval of the municipality for a modification of, the use granted on the Premises; (c) close temporarily all or any portion of Common Areas and/or the Premises in order to perform any of the Common Areas while engaged in making repairsforegoing or any of Landlord’s obligations under this Lease, improvements or alterations so long as reasonable access to the ProjectPremises remains available during normal business hours, Site and/or Building; except in emergencies; and (d) perform such other acts alter, relocate or expand, and/or to add additional structures and make such other changes with respect to the Projectimprovements to, Siteor remove same from, Common Areas and Building, as Landlord may, in the exercise of its good faith business judgment, deem to be appropriate; (e) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas Premises and/or other the Common Areas located outside as long as such changes comply with, or Landlord seeks approval of the Building andmunicipality for a modification of, subject to Section 4.4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Operating Expenses; and (f) perform such other acts and make such other changes with respect to the Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate. Tenant hereby agrees that Landlords actions pursuant to this Section 4.2 shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from Landlord’s actions with respect to this Section 4.2 nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of granted on the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from Landlord’s actions with respect to this Section 4.2 or for any inconvenience or annoyance occasioned by Landlord’s actions with respect to this Section 4.2. Neither this Lease nor any use by Tenant of the Building or any passage, door, tunnel, concourse, plaza or any other area connecting the garages or other buildings with the Building, shall give Tenant any right or easement of such use and the use thereof may, without notice to Tenant, be regulated or discontinued at any time and from time to time by Landlord without liability of any kind to Tenant and without affecting the obligations of Tenant under this Lease; provided that Tenant at all times has a means of access to the Premises (subject to a temporary interruption due to Force Majeure Events or necessary maintenance or testing of building or project systems that cannot reasonably be performed without interruption of such access)Premises.

Landlord’s Reserved Rights. Subject to the Required Conditions (defined below), Landlord reserves the right from time to time to use any of the Common Areas and to do any of for the following provided that access to the Premises and the Parking Facility is maintained and the parking ratio of four parking privileges per one thousand (1,000) square feet of useable area in the Project is not adversely affected (subject to Force Majeure Events):following: (a) expand Other than the Building and Building, construct or after or remove other buildings alter the Other Buildings or improvements on the Site; (b) make any changes, additions, improvements, repairs or replacements in or to the Project, the Site, the Common Areas, the Building (including the Premises if required to do so by any law or regulation) and/or any other building located on the Site Areas and the fixtures and equipment thereof, including, without limitation: (i) maintenance, replacement and relocation of pipes, ducts, conduits, wires and meters; and (ii) changes in the location, size, shape and number of driveways, entrances, stairways, elevators, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways and, subject to Section 6.2 6.2, parking spaces and parking areas; (c) close temporarily temporarily, for a reasonable period of time, any of the Common Areas while engaged in making repairs, improvements or alterations to the Project, Site and/or Building;Site; and (d) perform such other acts and make such other changes with respect to the Project, Site, and Common Areas and BuildingAreas, as Landlord may, in the exercise of its good faith business judgment, deem to be appropriate; (e) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other Common Areas located outside of the Building and, subject to Section 4.4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Operating Expenses; and (f) perform such other acts and make such other changes with respect to the Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate. Tenant hereby agrees that Landlords actions pursuant to this Section 4.2 shall in no way constitute a constructive eviction In the exercise of Tenant nor entitle Tenant to any abatement of rent. its rights above, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference not do so in a manner that would materially interfere with Tenant’s business arising from Landlord’s actions with respect to this Section 4.2 nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of the Building Common Areas or Tenant’s personal property or improvements resulting from Landlordaccess rights hereunder, reduce Tenant’s actions with respect to this Section 4.2 or for any inconvenience or annoyance occasioned by Landlordparking rights, materially increase Tenant’s actions with respect to this Section 4.2. Neither obligations under this Lease nor any use by Tenant of (the foregoing are sometimes referred to herein as the “Required Conditions”), without Tenant’s prior written consent. In addition, Landlord agrees that it will not agree to change the Private Restrictions (defined below) or agree to a new Private Restriction affecting the Building that changes the Building Common Areas or any passage, door, tunnel, concourse, plaza or any other area connecting the garages or other buildings is inconsistent with the Building, shall give Tenant any right or easement of such use and the use thereof may, without notice to Tenant, be regulated or discontinued at any time and from time to time by Landlord without liability of any kind to Tenant and without affecting the obligations of Tenant under this Lease; provided that Tenant at all times has a means of access to the Premises (subject to a temporary interruption due to Force Majeure Events or necessary maintenance or testing of building or project systems that cannot reasonably be performed without interruption of such access)Required Conditions.

Landlord’s Reserved Rights. Landlord reserves the right from time to time to use any of the Common Areas and to do any of the following provided that following, as long as such acts do not unreasonably interfere with Tenant’s use of or access to the Premises and or the Parking Facility is maintained and the parking ratio of four parking privileges per one thousand (1,000) square feet of useable area in the Project is not adversely affected (subject to Force Majeure Events):Facilities: (a) expand the Building and construct or after or remove alter other buildings or improvements on the Site; (b) make any changes, additions, improvements, repairs or replacements in or to the Project, the Site, the Common Areas, Areas and/or the Building (including the Premises if required to do so by any law or regulation) and/or any other building located on the Site and the fixtures and equipment thereof, including, without limitation: (i) maintenance, replacement and relocation of pipes, ducts, conduits, wires and meters; and (ii) changes in the location, size, shape and number of driveways, entrances, stairways, elevators, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways and, subject to Section 6.2 6.2, parking spaces and parking areas; (c) close temporarily any of the Common Areas while engaged in making repairs, improvements or alterations to the Project, Site and/or Building; (d) perform such other acts and make such other changes with respect to the Project, Site, Common Areas and Building, as Landlord may, in the exercise of its good faith business judgment, deem to be appropriate; (e) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping, driveways, walkways, parking areas, public and xxxxxxx pxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other Common Areas common areas located outside of the Building and, subject to Section 4.4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Operating Expenses; and (f) perform such other acts and make such other changes with respect to the Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate. Tenant hereby agrees that Landlords Landlord’s actions pursuant to this Section 4.2 shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rentrent unless arising from Landlord’s gross negligence (but in no event shall Landlord be liable for any loss of business, loss of profits or other consequential damages). Except with respect to the gross negligence of Landlord or Landlord’s contractors or agents (but in no event shall Landlord be liable for any loss of business, loss of profits or other consequential damages), Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from Landlord’s actions with respect to this Section 4.2 4.2, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from Landlord’s actions with respect to this Section 4.2 4.2, or for any inconvenience or annoyance occasioned by Landlord’s actions with respect to this Section 4.2. Neither this Lease nor any use by Tenant of the Building or any passage, door, tunnel, concourse, plaza or any other area connecting the garages or other buildings with the Building, shall give Tenant any right or easement of such use and the use thereof may, without notice to Tenant, be regulated or discontinued at any time and from time to time by Landlord without liability of any kind to Tenant and without affecting the obligations of Tenant under this Lease; provided that Tenant at all times has a means of access to the Premises (subject to a temporary interruption due to Force Majeure Events or necessary maintenance or testing of building or project systems that cannot reasonably be performed without interruption of such access).

Landlord’s Reserved Rights. Provided the same do not unreasonably adversely affect Tenant’s use of the Premises or Tenant’s parking rights and do not materially increase the obligations or decrease the rights of Tenant under this Lease, Landlord reserves the right from time to time to use any of the Common Areas and to do any of the following provided that access to the Premises and the Parking Facility is maintained and the parking ratio of four parking privileges per one thousand (1,000) square feet of useable area in the Project is not adversely affected (subject to Force Majeure Events): following: (a) expand the Building and construct or after or remove alter other buildings or improvements on the Site; Property; (b) make any changes, additions, improvements, maintenance, repairs or replacements in or to the ProjectProperty, the Site, the Common Areas, Areas and/or the Building (including the Premises if required to do so by any law applicable Laws or regulation) to the extent necessary in conjunction with any improvements to the Property, Common Areas and/or any other building located on the Site Building), and the fixtures and equipment thereof, including, without limitation: (i) maintenance, replacement and relocation of pipes, ducts, conduits, wires and metersmeters and equipment above the ceiling surfaces, below the floor surfaces and within the walls of the Building and the Premises; and (ii) changes in the location, size, shape and number of driveways, entrances, stairways, elevators, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways andwalkways, subject to Section 6.2 easements, parking spaces and parking areas; areas as long as Tenant’s parking ratio is not substantially and adversely impacted; (c) close temporarily any of the Common Areas Property while engaged in making repairs, improvements or alterations to the Project, Site and/or Building; Property; and (d) perform such other acts and make such other changes with respect to the Project, Site, Common Areas and BuildingProperty, as Landlord may, in the exercise of its good faith business judgment, deem to be appropriate; (e) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other Common Areas located outside of the Building and, subject to Section 4.4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Operating Expenses; and (f) perform such other acts and make such other changes with respect to the Project as Landlord may, in the exercise of reasonable good faith business judgment, deem to be appropriate. Tenant hereby agrees that Landlords actions In no event shall Landlord reconfigure the Premises as a result of any changes to the Property, Common Areas and/or the Building or as a result of Landlord’s exercise of its rights under this Section 3.2. Landlord shall endeavor to minimize, as reasonably practicable, the interference with Xxxxxx’s business as a result of any construction performed pursuant to this Section 4.2 shall in no way constitute a constructive eviction 3.2. All measurements of Tenant nor entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from Landlord’s actions with respect to this Section 4.2 nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part rentable area of the Premises or of Tenant’s personal property or improvements resulting from Landlord’s actions with respect to this Section 4.2 or for any inconvenience or annoyance occasioned by Landlord’s actions with respect to this Section 4.2. Neither in this Lease nor any use by Tenant of the Building or any passage, door, tunnel, concourse, plaza or any other area connecting the garages or other buildings with the Building, shall give Tenant any right or easement of such use be deemed to be correct and the use thereof may, without notice to Tenant, shall not be regulated or discontinued at any time and from time to time by Landlord without liability of any kind to Tenant and without affecting the obligations of Tenant under this Lease; provided that Tenant at all times has a means of access to the Premises (subject to a temporary interruption due to Force Majeure Events or necessary maintenance or testing of building or project systems that cannot reasonably be performed without interruption of such access)remeasurement.

Landlord’s Reserved Rights. Subject to the Required Conditions (defined below), Landlord reserves the right from time to time to use any of the Common Areas and to do any of for the following provided that access to the Premises and the Parking Facility is maintained and the parking ratio of four parking privileges per one thousand (1,000) square feet of useable area in the Project is not adversely affected (subject to Force Majeure Events):following: (a) expand Other than the Building and Building, construct or after or remove other buildings alter Other Buildings or improvements on the Site; (b) make any changes, additions, improvements, repairs or replacements in or to the Project, the Site, the Common Areas, the Building (including the Premises if required to do so by any law or regulation) and/or any other building located on the Site Areas and the fixtures and equipment thereof, including, without limitation: (i) maintenance, replacement and relocation of pipes, ducts, conduits, wires and meters; and (ii) changes in the location, size, shape and number of driveways, entrances, stairways, elevators, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways and, subject to Section 6.2 6.2, parking spaces and parking areas; (c) close temporarily temporarily, for a reasonable period of time, any of the Common Areas while engaged in making repairs, improvements or alterations to the Project, Site and/or Building;Site; and (d) perform such other acts and make such other changes with respect to the Project, Site, and Common Areas and BuildingAreas, as Landlord may, in the exercise of its good faith business judgment, deem to be appropriate; (e) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other Common Areas located outside of the Building and, subject to Section 4.4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Operating Expenses; and (f) perform such other acts and make such other changes with respect to the Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate. Tenant hereby agrees that Landlords actions pursuant to this Section 4.2 shall in no way constitute a constructive eviction In the exercise of Tenant nor entitle Tenant to any abatement of rent. its rights above, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference not do so in a manner that would materially interfere with Tenant’s business arising from Landlord’s actions with respect to this Section 4.2 nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of the Building Common Areas or Tenant’s personal property access rights hereunder, reduce Tenant’s parking rights, or improvements resulting from Landlordmaterially increase Tenant’s actions with respect to this Section 4.2 or for any inconvenience or annoyance occasioned by Landlord’s actions with respect to this Section 4.2. Neither obligations under this Lease nor any use by Tenant of (the foregoing are sometimes referred to herein as the “Required Conditions”), without Tenant’s prior written consent. In addition, Landlord agrees that it will not agree to change the Private Restrictions (defined below) or agree to a new Private Restriction affecting the Building that changes the Building Common Areas or any passage, door, tunnel, concourse, plaza or any other area connecting the garages or other buildings is inconsistent with the Building, shall give Tenant any right or easement of such use and the use thereof may, without notice to Tenant, be regulated or discontinued at any time and from time to time by Landlord without liability of any kind to Tenant and without affecting the obligations of Tenant under this Lease; provided that Tenant at all times has a means of access to the Premises (subject to a temporary interruption due to Force Majeure Events or necessary maintenance or testing of building or project systems that cannot reasonably be performed without interruption of such access)Required Conditions.

Landlord’s Reserved Rights. Landlord reserves the right from time to time to use any of the Common Areas and to do any of the following provided that following, as long as such acts do not unreasonably interfere with Tenant's use of or access to the Premises and the Parking Facility is maintained and the parking ratio of four parking privileges per one thousand (1,000) square feet of useable area in the Project is not adversely affected (subject to Force Majeure Events):Premises: (a) expand the Building and construct or after or remove alter other buildings or improvements on the Site; (b) make any changes, additions, improvements, repairs or replacements in or to the Project, the Site, the Common Areas, Areas and/or the Building (including the Premises if required to do so by any law or regulation) and/or any other building located on the Site and the fixtures and equipment thereof, including, without limitation: (i) maintenance, replacement and relocation of pipes, ducts, conduits, wires and meters; and (ii) changes in the location, size, shape and number of driveways, entrances, stairways, elevators, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways walkways, easements and, subject to Section 6.2 6.2, parking spaces and parking areas; (c) close temporarily any of the Common Areas while engaged in making repairs, improvements or alterations to the Project, Site and/or Building;; and (d) perform such other acts and make such other changes with respect to the Project, Site, Common Areas and Building, as Landlord may, in the exercise of its good faith business judgment, deem to be appropriate; (e) form a common area association or associations under covenants, conditions and restrictions to own, manage, operate, maintain, repair and/or replace all or any portion of the landscaping, driveways, walkways, parking areas, public and xxxxxxx xxxxxxx, xxxxxx, xxxxxxxxxx, transportation facilitation areas and/or other Common Areas located outside of the Building and, subject to Section 4.4 below, include the common area assessments, fees and taxes charged by the association(s) and the cost of maintaining, managing, administering and operating the association(s), in Operating Expenses; and (f) perform such other acts and make such other changes with respect to the Project as Landlord may, in the exercise of good faith business judgment, deem to be appropriate. Tenant hereby Notwithstanding the foregoing, Landlord agrees that Landlords actions pursuant to this Section 4.2 shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with if Tenant’s business arising from Landlord’s actions with respect to this Section 4.2 nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the 's use of the whole or any part of the Premises or of Tenant’s personal property the Project Common Areas or improvements resulting from Landlord’s actions with respect to this Section 4.2 or for any inconvenience or annoyance occasioned by Landlord’s actions with respect to this Section 4.2. Neither this Lease nor any use by Tenant of the Building Common Areas is unreasonably interfered with as a result of Landlord's activities in the Project or any passagethe Premises, door, tunnel, concourse, plaza or any other area connecting Tenant will be entitled to an equitable abatement of rent to the garages or other buildings with extent of and for the Building, shall give Tenant any right or easement period of such use and interference. Any dispute as to the use thereof may, without notice amount or duration of such abatement will be resolved pursuant to Tenant, be regulated or discontinued at any time and from time to time by Landlord without liability the procedure set forth in Section 24 of any kind to Tenant and without affecting the obligations of Tenant under this Lease; provided that Tenant at all times has a means of access to the Premises (subject to a temporary interruption due to Force Majeure Events or necessary maintenance or testing of building or project systems that cannot reasonably be performed without interruption of such access).