Common use of Loading Dock Clause in Contracts

Loading Dock. The Building contains a loading dock (“Loading Dock”). Tenant shall have a non-exclusive license to use the Loading Dock in common with other tenants in the Building in accordance with the Legal Requirements and the terms and conditions of this paragraph. The license granted hereby is personal to Tenant and shall not be assigned or otherwise pledged or transferred, directly or indirectly, except in connection with a Permitted Assignment. Tenant shall use the Loading Dock in a manner that will not unreasonably interfere with the rights of any tenants or occupants in the Building. Landlord assumes no responsibility for enforcing Tenant’s rights or for protecting the Loading Dock from any person or entity, including, but not limited to, other tenants or occupants of the Building. Landlord shall keep and maintain the Loading Dock in reasonably good condition. During any period of replacement, repair, or maintenance of the Loading Dock when it is not operational, Landlord shall have no obligation to provide Tenant with alternative, supplemental, temporary, or back-up loading dock. Landlord makes no warranties of any kind, express or implied, with respect to the Loading Dock, and Landlord disclaims any such warranties. Without limiting the foregoing, Tenant expressly acknowledges and agrees that Landlord does not guaranty or warrant that the Loading Dock will be operational at all times, will be of sufficient capacity to accommodate Tenants use thereof, will be free of Hazardous Materials, or will function or perform adequately, and Landlord shall not be liable for any damages resulting from the failure of the Loading Dock. Although the Loading Dock does not form a part of the Premises, the provisions of this Lease (i) governing Tenant’s use, operation, and enjoyment of the Premises, (ii) imposing obligations on Tenant for matters occurring in, on, within, or about the Premises (excluding maintenance, repair, restoration, and similar obligations) or arising out of the use or occupancy of the Premises including, but not limited to, those obligations relating to insurance, indemnification, Hazardous Materials Clearance, and environmental requirements), or (iii) limiting Landlord’s liability, shall apply with equal force to Tenant’s use of the Loading Dock. If Tenant Defaults in its obligations under this Section 7(b). Landlord shall have the right, in addition to any other rights and remedies available to Landlord for a Default by Tenant, to terminate immediately Tenants license to use the Loading Dock but only in connection with Landlord’s exercise of its right to terminate this Lease or dispossess Tenant from the Premises. The expiration or earlier termination of this Lease shall automatically terminate the license hereby granted to Tenant to so use the Loading Dock. The terms and provisions of this paragraph shall survive the expiration or earlier termination of this Lease.

Loading Dock. The Building contains a (a) Tenant acknowledges that the loading dock (“Loading Dock”)that is located in the Building serves as the only loading dock for both the Building and the Adjacent Building. Landlord hereby grants to Tenant shall have a non-exclusive license the right to use the Loading Dock in common with loading dock twenty four (24) hours per day, seven (7) days per week, during the Lease Term, provided, however, the loading dock shall be available for the reasonable use of tenants and occupants (and their agents, contractors, employees, and delivery personnel) of the Adjacent Building during the hours of 8:00 a.m. through 6:00 p.m., Monday through Friday (the "Standard Hours") (except for legal holidays). In addition, Tenant shall make the loading dock available for use by contractors providing janitorial or char services to the Adjacent Building during periods that are reasonably acceptable to Landlord and Tenant on Monday through Friday of each week (the "Char Service Hours") and Tenant shall make the loading dock available at other times for reasonable periods of time upon receiving at least twenty-four (24) hours' prior notice. In the event that Landlord requests that the loading dock be made available on a regular basis for use by the tenants and/or occupants of the Adjacent Building for hours that exceed the Standard Hours and the Char Service Hours, then (i) Tenant shall employ security personnel who will supervise access to the loading dock during such hours, (ii) Landlord shall reimburse Tenant for Tenant's reasonable, out-of-pocket costs of employing such security personnel for such after-hours usage and (iii) operating expenses that are charged to Tenant under this Lease shall not include any amount that is payable by Landlord under this sentence. (b) Landlord and Tenant have agreed to make certain improvements in the Building in accordance with the Legal Requirements areas adjacent to, and in the terms vicinity of the loading dock, so that occupants and conditions tenants of this paragraph. The license granted hereby is personal to Tenant the Adjacent Building (and shall not be assigned or otherwise pledged or transferredtheir agents, directly or indirectlycontractors, except in connection with a Permitted Assignment. Tenant shall use the Loading Dock in a manner that employees and delivery personnel) will not unreasonably interfere with have access to the rights Demised Premises. (c) Throughout the Lease Term, Tenant, at Tenant's sole cost and expense, shall employ security personnel who will supervise access to the loading dock on a non-discriminatory basis. Such security personnel shall be physically present at the loading dock area during the hours of 8:00 a.m. through 6:00 p.m., Monday through Friday (except for legal holidays) and during the Char Service Hours. To the extent that access to the loading dock is requested by Landlord or any tenants party acting by or occupants in the Building. Landlord assumes no responsibility for enforcing Tenant’s rights or for protecting the Loading Dock from any person or entitythrough Landlord, including, but not limited towithout limitation, other occupants and tenants or occupants of the Adjacent Building. Landlord , during any hours other than are set forth above, the cost of employing security personnel to supervise such access shall keep and maintain be borne by the Loading Dock in reasonably good condition. During any period of replacementparty who requests such access (i.e., repair, or maintenance if a tenant of the Loading Dock when it Adjacent Building moves into the Building on a Sunday, the cost of the security personnel who supervises such move shall be borne by such tenant). (d) The security personnel that is not operational, Landlord so employed by Tenant shall have no obligation to provide Tenant with alternativereceive or account for any merchandise, supplemental, temporaryequipment or property that is delivered, or back-up loading dock. Landlord makes no warranties of any kindis intended for delivery, express or implied, with respect to the Loading Dock, Adjacent Building. (e) Landlord and Landlord disclaims any such warranties. Without limiting the foregoing, Tenant expressly acknowledges and agrees that Landlord does not guaranty or warrant that the Loading Dock will be operational at all times, will be of sufficient capacity to accommodate Tenants use thereof, will be free of Hazardous Materials, or will function or perform adequately, and Landlord shall not be liable for any damages resulting from the failure of the Loading Dock. Although the Loading Dock does not form a part of the Premises, the provisions of this Lease (i) governing Tenant’s use, operation, and enjoyment of the Premises, (ii) imposing obligations on Tenant for matters occurring in, on, within, or about the Premises (excluding maintenance, repair, restoration, and similar obligations) or arising out of the use or occupancy of the Premises including, but not limited to, those obligations relating to insurance, indemnification, Hazardous Materials Clearance, and environmental requirements), or (iii) limiting Landlord’s liability, shall apply with equal force to Tenant’s use of the Loading Dock. If Tenant Defaults in its obligations under this Section 7(b). Landlord shall have the rightshall, in addition to any good faith, cooperate with each other rights and remedies available to Landlord for a Default by Tenant, to terminate immediately Tenants license to use the Loading Dock but only in connection with Landlord’s exercise the use of its right to terminate this Lease or dispossess Tenant from the Premises. The expiration or earlier termination of this Lease shall automatically terminate the license hereby granted to Tenant to so use the Loading Dock. The terms and provisions of this paragraph shall survive the expiration or earlier termination of this Leasesuch loading dock.

Loading Dock. The Building contains a Throughout the Lease Term, as extended, but subject to the terms of this Paragraph 19(ss),Tenant shall have the right to the non-exclusive use the loading dock of the Building, including during Business Hours. Subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed, Tenant shall be permitted to build a door (“Loading Dock”)single or double) from the Storage Space to the corridor on the north side of the Storage Space. Tenant shall also have the right to store a non-exclusive license lift in its Storage Space. Notwithstanding the foregoing to use the Loading Dock in common with other tenants in the contrary, Tenant acknowledges that such loading dock is used for Building in accordance with the Legal Requirements and the terms and conditions of this paragraph. The license granted hereby is personal to Tenant and shall not be assigned or otherwise pledged or transferred, directly or indirectly, except in connection with a Permitted Assignment. Tenant shall use the Loading Dock in a manner that will not unreasonably interfere with the rights of any tenants or occupants in the Building. Landlord assumes no responsibility for enforcing Tenant’s rights or for protecting the Loading Dock from any person or entity, operations (including, but not limited to, other tenants or occupants of the Building. Landlord shall keep and maintain the Loading Dock in reasonably good condition. During any period of replacement, repair, or maintenance of the Loading Dock when it is not operational, Landlord shall have no obligation to provide Tenant with alternative, supplemental, temporary, or back-up loading dock. Landlord makes no warranties of any kind, express or impliedwithout limited, with respect to the Loading Dockreceiving deliveries for other tenant or occupants, for storing and locating dumpsters for trash collection and disposal, and Landlord disclaims any with respect to the trash vendor’s collection of such warranties. Without limiting trash from the foregoing, Tenant expressly acknowledges dumpsters) and agrees that Landlord does not guaranty or warrant that the Loading Dock will be operational at all times, will be of sufficient capacity to accommodate Tenants Landlord’s use thereof, will be free of Hazardous Materials, or will function or perform adequately, and Landlord shall not be liable for any damages resulting from the failure of the Loading Dock. Although the Loading Dock does not form a part of the Premises, the provisions of this Lease (i) governing Tenant’s use, operation, and enjoyment of the Premises, (ii) imposing obligations on Tenant for matters occurring in, on, within, or about the Premises (excluding maintenance, repair, restoration, and similar obligations) or arising out of the use or occupancy of the Premises including, but not limited to, those obligations relating to insurance, indemnification, Hazardous Materials Clearance, and environmental requirements), or (iii) limiting Landlord’s liability, loading dock shall apply with equal force be primary as it relates to Tenant’s use of the Loading Dockloading dock. If Tenant Defaults in its obligations under this Section 7(b). Landlord shall have the right, in addition to any other rights and remedies available to Landlord for a Default by Tenant, to terminate immediately Tenants license to use the Loading Dock but only hereby agrees that in connection with its use of the loading dock it will not interfere with Landlord’s exercise use of its right the loading dock and that it shall not store any items in the loading dock area that could affect the access to terminate this Lease such loading dock area by Landlord’s vendors or dispossess the placement of dumpsters by Landlord. In no event shall Tenant be permitted to park any trucks or other vehicles in such loading dock area other than when items are being actively loaded and/or unloaded from such truck. Tenant’s use of the Premises. The expiration loading dock may be subject to such other rules and regulations that may be imposed from Landlord from time to time and Tenant acknowledges that such use of the loading dock is in common with the use of the loading dock by other occupants or earlier termination tenants of this Lease shall automatically terminate the license hereby granted Building and therefore may be subject to Tenant to so use the Loading Dock. The terms and provisions of this paragraph shall survive the expiration scheduling or earlier termination of this Leaseavailability.