Common use of Lessee's Access Rights Clause in Contracts

Lessee's Access Rights. Lessor hereby agrees to provide to Lessee, at all times during the Term, reasonable and sufficient ingress to, and egress from, the Premises to and from public roadways over the Access Road or such other roadways as may be designated by Lessor for such purpose from time to time (the "Lessee's Access Rights"). Lessee's Access Rights shall be deemed to be an easement appurtenant to Lessee's interests in the Premises that Lessor shall have no right to terminate during the Term, subject to the following provisions: (a) Lessee's Access Rights are non-exclusive and shall be exercised only upon Access Road or such other Lessor Controlled Roadways as may be designated from time to time by Lessor; (b) Subject to the terms and conditions of Lessee's Access Rights as set forth in this Lease, and subject to the rights, if any, to use Lessor Controlled Roadways granted by Lessor to others from time to time, whether before or after the execution of this Lease, Lessor shall have control over the Lessor Controlled Roadways, including, without limitation, the exclusive right and power: (i) To adopt from time to time and to enforce reasonable rules and regulations respecting use of the Lessor Controlled Roadways by Lessee and others applied on a non-discriminatory basis; (ii) To adopt reasonable security measures designed to prevent or discourage use of the Lessor Controlled Roadways by unauthorized people and to comply with Legal Requirements, including, without limitation, fencing and locked gates and imposition of background and identity checking and other procedures for all or some persons entering upon the Borax Site or through the Borax Site to the Demised Land, all of which shall be applied on a non-discriminatory basis; (iii) To close or restrict temporarily use of the Lessor Controlled Roadways or any portion thereof as may be necessary in the event of any emergency or to make improvements to, or to repair, the Lessor Controlled Roadways, or for security or other legitimate purposes (including, without limitation, in the event of labor action by employees of Lessor or any of its contractors), provided, however, that in any such event, Lessor shall use Commercially Reasonable Efforts to provide Lessee with reasonably suitable alternative means of maintaining Lessee's Access Rights; (iv) Provided that Lessor shall always and continuously during the Term provide reasonable means for Lessee's exercise of Lessee's Access Rights, to close, relocate, realign, replace, regrade, repave, improve, abandon, or demolish, from time to time, all or any part of the Lessor Controlled Roadways, in which event any new or different roads that Lessor may, in the future, build upon the Borax Site outside the boundaries of the Demised Land shall be deemed part of the "Lessor Controlled Roadways" as that term in used in this Lease; (v) To offer all or any part of the Roadways or other portions of the Borax Site located outside the boundaries of the Demised Land for dedication to public use or to any Governmental Authority, and with respect to any such offer, Lessee agrees fully and promptly to cooperate with Lessor and to execute, acknowledge (when needed), and deliver all appropriate instruments and documents; and (vi) To grant easements over, and licenses to use, the Lessor Controlled Roadways or any portion thereof to third parties chosen by Lessor. [***] Confidential portions of this document have been redacted and filed separately with the Commission. (c) With respect to any portion of the Lessor Controlled Roadways over which Lessee exercises Lessee's Access Rights, Lessee agrees that, when, if ever, that portion, or some other area as a substitute or alternative for that portion, becomes a public roadway, whether through acceptance of an offer of dedication made by Lessor or otherwise, then Lessee's Access Rights shall cease as to that portion or other area, with Lessee relying upon the public nature of that portion or other area to assure access to the Premises. When, if ever, and to the extent that, dedicated public roadways over any portion of the Borax Site offer reasonable access to the Demised Land, Lessee's Access Rights shall cease and no longer be a part of this Lease. (d) Lessor shall maintain the Access Road in substantially the same repair and condition as it is maintained as of the Term Commencement Date. The costs and expenses incurred by Lessor for repair, maintenance, and improvement of the Access Road shall be shared by Lessor and Lessee as follows: [***] provided, however, that if one Party's use of the Access Road is determined in good faith by Lessor to be contributing to the need for materially greater maintenance and repair of the Access Road (as compared with Lessor's current use of the Access Road), a greater share of the costs and expenses incurred for repair, maintenance, and improvement of the Access Road may reasonably be allocated to such Party. If Lessee is determined to be the Party causing such need, Lessee shall pay its share of the costs and expenses incurred by Lessor for such additional repair, maintenance, and improvement of the Access Road within thirty (30) days of request therefore from Lessor, which request shall be accompanied by a statement setting forth in reasonable detail the nature and amount of such costs and expenses. (e) Lessee shall be solely responsible for the repair, maintenance and improvement of the Lessee Controlled Roadways, and Lessee shall pay all costs and expenses for such repair, maintenance, and improvement. Lessor shall have no obligation to contribute or reimburse Lessee for any portion of such costs and expenses.

Lessee's Access Rights. Lessor hereby agrees to provide to Lessee, at all times during the TermTerm (and subsequent to the Term if Lessee acquires fee title to the Premises), subject to Force Majeure, reasonable and sufficient ingress to, and egress from, the Premises for the Permitted Uses (provided expansions of Lessee’s use beyond the Acquired Business do not unreasonably burden any of Lessor’s Roadways) across portions of the Aerojet Site to and from public roadways over the Access roadways, which may include White Rock Road or such other roadways as may be designated by Lessor for such purpose from time to time and/or Folsom Boulevard (the "“Lessee's ’s Access Rights"”). Lessee's ’s Access Rights shall be deemed to be an easement appurtenant to Lessee's ’s interests in the Premises and a covenant real, running with the land, that Lessor shall have no right to terminate or restrict during the TermTerm (or subsequent to the Term if Lessee acquires fee title to the Premises), subject to the following provisions: (a) Lessee's ’s Access Rights are non-exclusive and shall be exercised only upon Access Road or such other Lessor Controlled Roadways as may be designated from time to time by Lessorexclusive; (b) Subject to the terms and conditions of Lessee's ’s Access Rights as set forth in this Lease, and subject to the rights, if any, to use Lessor Controlled Roadways granted by Lessor to others from time to time, whether before or after the execution of this Lease, Lessor shall have control over the Lessor Controlled Roadways, including, without limitationbut not limited to, the exclusive right and power: (i) To adopt from time to time and to enforce reasonable rules and regulations respecting use of the Lessor Controlled Roadways by Lessee and others applied on a non-discriminatory basis; (ii) To adopt reasonable security measures designed to prevent or discourage use of the Lessor Controlled Roadways by unauthorized people and to comply with Legal RequirementsLaw, ordinances or regulations, as applicable from time to time, for the operation and security of Aerojet Site Adjoining Uses, including, without limitationbut not limited to, fencing and locked gates and imposition of background and identity checking and other procedures for all or some persons entering upon the Borax Aerojet Site or through the Borax Aerojet Site to the Demised Land, all of which shall be applied on a non-discriminatory basis; (iii) To close or restrict temporarily use of the Lessor Controlled Roadways or any portion thereof as may be necessary in the event of any emergency emergency, or to restrict temporarily to make improvements to, or to repair, the Lessor Controlled Roadways, or for security or other legitimate purposes (including, without limitation, in the event of labor action by employees of Lessor or any of its contractors), provided, however, provided that in any such event, Lessor non-emergency restrictions shall use Commercially Reasonable Efforts to provide Lessee with reasonably suitable for reasonable alternative means of maintaining Lessee's Access Rightsaccess); (iv) Provided that Lessor shall always and continuously during the Term provide reasonable means for Lessee's exercise of Lessee's Access Rights, to To close, relocate, realign, replace, regrade, repave, improve, abandon, or demolish, from time to time, all or any part of the Lessor Controlled Roadways, in which event any new or different roads that Lessor may, in the future, build upon the Borax Aerojet Site outside the boundaries of the Demised Land shall be deemed part of the "“Lessor Controlled Roadways" ” as that term in used in this Lease; provided that Lessor shall always and continuously during the Term (or subsequent to the Term if Lessee acquires fee title to the Premises) provide reasonable means for Lessee’s exercise of Lessee’s Access Rights; (v) To offer all or any part of the Roadways or other portions of the Borax Aerojet Site located outside the boundaries of the Demised Land for dedication to public use or to any Governmental Authoritygovernmental entity, and with respect to any such offer, Lessee agrees fully and promptly to cooperate with Lessor and to execute, acknowledge (when needed), and deliver all appropriate instruments and documents; and; (vi) To grant easements over, and licenses to use, the Lessor Controlled Roadways or any portion thereof to third parties chosen by Lessor. [***] Confidential portions ; provided the same do not unreasonably interfere in any material way with Lessee’s exercise of this document have been redacted and filed separately with the Commission.Lessee’s Access Rights; (cvii) To conduct, or contract for, all maintenance, repair, and improvement work on the Lessor Controlled Roadways as Lessor, in its sole and absolute discretion, without detriment to Lessee’s Access Rights, may determine is appropriate or necessary from time to time; and (viii) With respect to any portion of the Lessor Controlled Roadways over which Lessee exercises Lessee's ’s Access Rights, Lessee agrees that, when, if ever, that portion, or some other area as a substitute or alternative for that portion, which is available at all times industrial, becomes a public roadway, whether through acceptance of an offer of dedication made by Lessor or otherwise, then Lessee's ’s Access Rights shall cease as to that portion or other area, with Lessee relying upon the public nature of that portion or other area to assure access to the Premises. When, if ever, and to the extent that, dedicated public roadways over any portion of the Borax Aerojet Site offer reasonable access to the Demised LandLand acceptable to Lessee in Lessee’s reasonable discretion, Lessee's ’s Access Rights over Lessor Controlled Roadways shall cease and no longer be a part of this Lease. (dc) Lessee’s Access Rights shall, from time to time, at the request of either Lessor shall maintain the Access Road in substantially the same repair and condition as it is maintained as or Lessee, be exercised over a specific route along designated portions of the Term Commencement Date. The costs and expenses incurred by Lessor for repair, maintenance, and improvement of the Access Road shall be shared Controlled Roadways as reasonably designated by Lessor and Lessee as follows: [***] providedapproved by Lessee, howeverwhich approval shall not be unreasonably withheld or delayed and shall be granted whenever the chosen route is reasonably convenient for Lessee’s purposes under this Lease. To evidence, in the Official Records, the exact location for exercise of Lessee’s Access Rights, and to assure third parties that if one Party's use no other portion of the Lessor Controlled Roadways is then encumbered by Lessee’s Access Road is determined Rights, Lessor and Lessee shall, from time to time, execute and record in good faith by Lessor the Official Records amendments to be contributing to the need for materially greater maintenance and repair of the Access Road (as compared with Lessor's current use of the Access Road), a greater share of the costs and expenses incurred for repair, maintenance, and improvement of the Access Road may reasonably be allocated to such Party. If Lessee is determined to be the Party causing such need, Lessee shall pay its share of the costs and expenses incurred by Lessor for such additional repair, maintenance, and improvement of the Access Road within thirty (30) days of request therefore from Lessor, which request shall be accompanied by a statement this Lease setting forth in reasonable detail Exhibit “I” attached hereto the nature and amount then-current location for exercise of such costs and expensesLessee’s Access Rights. (e) Lessee shall be solely responsible for the repair, maintenance and improvement of the Lessee Controlled Roadways, and Lessee shall pay all costs and expenses for such repair, maintenance, and improvement. Lessor shall have no obligation to contribute or reimburse Lessee for any portion of such costs and expenses.