Common use of Maintenance and Use of Common Area Clause in Contracts

Maintenance and Use of Common Area. The manner in which the Common Area shall be maintained shall be solely determined by Landlord. If any tenant of any portion of the Entire Premises maintains its own Common Area (Landlord shall have the right in its sole discretion to allow any tenant to so maintain its own Common Area and be excluded from participation in the payment of Common Area Expenses as provided below), Landlord shall not have any responsibility for the maintenance of that portion of the Common Area; Tenant hereby waives any claims or damages arising out of any failure of such Landlord or tenant to so maintain its portion of the Common Area. The use and occupancy by Tenant of the Premises shall include the right to use the Common Area (except those portions of the Common Area on which have been constructed or placed permanent or temporary kiosks, displays, carts and stands and except areas used in the maintenance or operation of the Entire Premises), in common with Landlord and tenants of the Entire Premises and their customers and invitees, subject to such reasonable, nondiscriminatory rules and regulations concerning the use of the Common Area as may be established by Landlord from time to time. Written notice of such rules and regulations and amendments and supplements thereto, if any, shall be given to Tenant fifteen (15) days prior to their effective date. Tenant agrees to promptly comply with all such rules and regulations upon receipt of written notice from Landlord. Landlord shall have no liability if any Landlord or tenant does not comply with such rules and regulations. Tenant and Tenant’s employees and agents shall not solicit business in the Common Areas, nor shall Tenant distribute any handbills or other advertising matter on automobiles parked in the Common Area.

Appears in 2 contracts

Samples: Lease Agreement (Cinemark Holdings, Inc.), Lease Agreement (Cinemark Holdings, Inc.)

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Maintenance and Use of Common Area. The manner in which the Common Area shall be maintained shall be solely determined by Landlord, but shall be consistent with the standard of such space in similar office and research and development projects in the vicinity. If any owner or tenant of any portion of the Entire Premises Project maintains its own Common Area located upon its parcel or demised premises (Landlord shall have the right in its sole discretion to allow any purchaser or tenant to so maintain its own Common Area located upon its parcel or demised premises and to be excluded from participation in the payment of Common Area Expenses as provided below), Landlord shall not have any responsibility for the maintenance of that portion of the Common Area; Area and Tenant hereby waives any shall have no claims or damages against Landlord arising out of any failure of such Landlord owner or tenant to so maintain its portion of the Common Area. The use and occupancy by Tenant of the Premises shall include the right to use the Common Area (except those portions of the Common Area on which have been constructed or placed permanent or temporary kiosks, displays, carts and stands and except areas used in the maintenance or operation of the Entire PremisesProject), in common with Landlord and other tenants of the Entire Premises Project and their customers and invitees, subject to (i) any covenants, conditions and restrictions now or hereafter of record (the "DECLARATION"), and (ii) such reasonable, nondiscriminatory non-discriminatory rules and regulations concerning the use of the Common Area Project as may be established by Landlord from time to time. Written notice of such rules time including, without limitation, the Rules and regulations and amendments and supplements thereto, if any, shall be given to Tenant fifteen (15) days prior to their effective dateRegulations attached hereto as Exhibit "E". Tenant agrees to promptly comply with all such rules and regulations and any reasonable, non-discriminatory amendments thereto upon receipt of written notice from Landlord. Notwithstanding anything herein to the contrary, Landlord shall have no liability if any Landlord or tenant does not comply with such rules agrees that the Rules and regulations. Tenant and Tenant’s employees and agents Regulations attached to this Lease as Exhibit "E" shall not solicit business be modified or added to by Landlord in such a way as to unreasonably interfere with Tenant's permitted use of the Common Areas, nor shall Tenant distribute any handbills or other advertising matter on automobiles parked Premises as set forth in the Common Areathis Lease.

Appears in 2 contracts

Samples: Multi Tenant Industrial Lease (Triple Net) (Aurora Biosciences Corp), Multi Tenant Industrial Lease (Aurora Biosciences Corp)

Maintenance and Use of Common Area. The manner in which the Common Area shall be maintained shall be solely determined by Landlord. If any owner or tenant of any portion of the Entire Premises Project maintains its own Common Area located upon its parcel or demised premises (Landlord shall have the right in its sole discretion to allow any purchaser or tenant to so maintain its own Common Area located upon its parcel or demised premises and to be excluded from participation in the payment of Common Area Operating Expenses as provided below), Landlord shall not have any responsibility for the maintenance of that portion of the Common Area; Area and Tenant hereby waives any shall have no claims or damages against Landlord arising out of any failure of such Landlord owner or tenant to so maintain its portion of the Common Area. The use and occupancy by Tenant of the Premises shall include the right to use the Common Area (except those portions of the Common Area on which have been constructed or placed permanent or temporary kiosks, displays, carts and stands and except areas used in the maintenance or operation of the Entire PremisesProject), in common with Landlord and other tenants of the Entire Premises Project and their customers and invitees, subject to (i) any covenants, conditions and restrictions now or hereafter of record (collectively the "Declaration"), and (ii) such reasonable, nondiscriminatory non-discriminatory rules and regulations concerning the use of the Common Area Project as may be established by Landlord from time to time. Written notice of such rules time including, without limitation, the Rules and regulations and amendments and supplements thereto, if any, shall be given to Tenant fifteen (15) days prior to their effective dateRegulations attached hereto as Exhibit "E". Tenant agrees to promptly comply with all such rules and regulations and any reasonable, non-discriminatory amendments thereto upon receipt of written notice from Landlord. Landlord shall have no liability if any Landlord or tenant does not comply with such rules and regulations. Tenant and Tenant’s employees and agents shall not solicit business in the Common Areas, nor shall Tenant distribute any handbills or other advertising matter on automobiles parked in the Common Area.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (E Digital Corp)

Maintenance and Use of Common Area. The manner in which Landlord shall maintain the Common Area shall be maintained shall be solely determined by Landlordin good condition and repair. If any owner or tenant of any portion of the Entire Premises Project maintains its own Common Area located upon its parcel or demised premises (Landlord shall have the right in its sole discretion to allow any purchaser or tenant to so maintain its own Common Area located upon its parcel or demised premises and to be excluded from participation in the payment of Common Area Operating Expenses as provided below), Landlord shall not have any responsibility for the maintenance of that portion of the Common Area; Area and Tenant hereby waives any shall have no claims or damages against Landlord arising out of any failure of such Landlord owner or tenant to so maintain its portion of the Common Area. The use and occupancy by Tenant of the Premises shall include the right to use the Common Area (except those portions of the Common Area on which have been constructed or placed permanent or temporary kiosks, displays, carts and stands and except areas used in the maintenance or operation of the Entire PremisesProject), in common with Landlord and other tenants of the Entire Premises Project and their customers and invitees, subject to (i) any covenants, conditions and restrictions now or hereafter of record (collectively the "DECLARATION"), and (ii) such reasonable, nondiscriminatory non-discriminatory rules and regulations concerning the use of the Common Area Project as may be established by Landlord from time to time. Written notice of such rules time including, without limitation, the Rules and regulations and amendments and supplements thereto, if any, shall be given to Tenant fifteen (15) days prior to their effective dateRegulations attached hereto as Exhibit "E". Tenant agrees to promptly comply with all such rules and regulations and any reasonable, non-discriminatory amendments thereto upon receipt of written notice from Landlord. Landlord shall have no liability if any Landlord or tenant does not comply with such rules and regulations. Tenant and Tenant’s employees and agents shall not solicit business in the Common Areas, nor shall Tenant distribute any handbills or other advertising matter on automobiles parked in the Common Area.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (HNC Software Inc/De)

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Maintenance and Use of Common Area. The manner in which the Common Area shall be maintained shall be solely determined by Landlord, but shall be consistent with the standard of such space in similar office and research and development projects in the vicinity. If any owner or tenant of any portion of the Entire Premises Project maintains its own Common Area located upon its parcel or demised premises (Landlord shall have the right in its sole discretion to allow any purchaser or tenant to so maintain its own Common Area located upon its parcel or demised premises and to be excluded from participation in the payment of Common Area Expenses as provided below), . Landlord shall not have any responsibility for the maintenance of that portion of the Common Area; Area and Tenant hereby waives any shall have no claims or damages against Landlord arising out of any failure of such Landlord owner or tenant to so maintain its portion of the Common Area. The use and occupancy by Tenant of the Premises shall include the right to use the Common Area (except those portions of the Common Area on which have been constructed or placed permanent or temporary kiosks, displays, carts and stands and except areas used in the maintenance or operation of the Entire PremisesProject), in common with Landlord and other tenants of the Entire Premises Project and their customers and invitees, subject to (i) any covenants, conditions and restrictions now or hereafter of record (the “Declaration”), and (ii) such reasonable, nondiscriminatory non-discriminatory rules and regulations concerning the use of the Common Area Project as may be established by Landlord from time to time. Written notice of such rules time including, without limitation, the Rules and regulations and amendments and supplements thereto, if any, shall be given to Tenant fifteen (15) days prior to their effective dateRegulations attached hereto as Exhibit “E”. Tenant agrees to promptly comply with all such rules and regulations and any reasonable, non-discriminatory amendments thereto upon receipt of written notice from Landlord. Notwithstanding anything herein to the contrary, Landlord agrees that the Rules and Regulations attached to this Lease as Exhibit “E” shall have no liability if any not be modified or added to by Landlord or tenant does not comply in such a way as to unreasonably interfere with such rules and regulations. Tenant and Tenant’s employees and agents shall not solicit business permitted use of the Premises as set forth in the Common Areas, nor shall Tenant distribute any handbills or other advertising matter on automobiles parked in the Common Areathis Lease.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (BioMed Realty Trust Inc)

Maintenance and Use of Common Area. The manner in which the Common Area shall be maintained shall be solely determined by Landlord. If any owner or tenant of any portion of the Entire Premises Project maintains its own Common Area located upon its parcel or demised premises (Landlord shall have the right in its sole discretion to allow any purchaser or tenant to so maintain its own Common Area located upon its parcel or demised premises and to be excluded from participation in the payment of Common Area Expenses as provided below), Landlord shall not have any responsibility for the maintenance of that portion of the Common Area; Area and Tenant hereby waives any shall have no claims or damages against Landlord arising out of any failure of such Landlord owner or tenant to so maintain its portion of the Common Area. The use and occupancy by Tenant of the Premises shall include the right to use the Common Area (except those portions of the Common Area on which have been constructed or placed permanent or temporary kiosks, displays, carts and stands and except areas used in the maintenance or operation of the Entire PremisesProject), in common with Landlord and other tenants of the Entire Premises Project and their customers and invitees, subject to (i) any Declaration of Covenants, Conditions and Restrictions of record, or as Landlord shall cause to be recorded from time to time from and after the date hereof (collectively the "Declaration"), provided that the Declaration shall in no event impose on Tenant any obligations which would prevent or interfere with Tenant's occupancy of the Premises in accordance with the terms of this Lease, and (ii) such reasonable, nondiscriminatory non-discriminatory rules and regulations concerning the use of the Common Area Project as may be established by Landlord from time to time. Written notice of such rules time including, without limitation, the Rules and regulations and amendments and supplements thereto, if any, shall be given to Tenant fifteen (15) days prior to their effective dateRegulations attached hereto as Exhibit "F". Tenant agrees to promptly comply with all such rules and ----------- regulations and any reasonable, non-discriminatory amendments thereto upon receipt of written notice from Landlord. Landlord shall have no liability if any Landlord or tenant does not comply with such rules and regulations. Tenant and Tenant’s employees and agents shall not solicit business in the Common Areas, nor shall Tenant distribute any handbills or other advertising matter on automobiles parked in the Common Area.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Synbiotics Corp)

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