Common use of Maintenance - Common Areas Clause in Contracts

Maintenance - Common Areas. Lessor shall maintain the ------------- -------------------------- Common Areas, together with all facilities and improvements now or hereafter located thereon, and together with all street improvements or other improvements adjacent thereto as may be required from time to time by governmental authority. The manner in which such areas shall be maintained and the expenditures therefor shall be at the sole discretion of Lessor. Lessor shall at all times have exclusive control of the Common Areas and may at any time temporarily close any part thereof, may exclude and restrain anyone from any part thereof (except the bona fide customers, employees and invitees of Lessee who use the Common Areas in accordance with the rules and regulations that Lessor may from time to time promulgate), and Lessor may change the configuration of the Common Areas or the location of facilities thereon so long as any such change by Lessor does not unreasonably interfere with Lessee's use of the Premises. Lessor shall also be entitled to employ third parties to operate and maintain all or any part of such areas on such terms and conditions as Lessor shall in its sole discretion deem reasonable and proper. The surface parking facilities shall be available for the automobiles of Lessee and Lessee's customers, employees and invitees on a nonassigned, non-exclusive basis. In connection with all of Lessor's activities under this paragraph, Lessor shall make a reasonable effort to minimize any disruption of Lessee's business, provided that Lessor shall not be obligated to incur overtime costs to employ workers who work after normal business hours and on weekends. Except as otherwise specifically provided in Article X below (damage and destruction), there shall be no abatement of rent or other sums payable by Lessee prior to or during any repairs by Lessee or Lessor, and Lessee waives all claims for loss of business or lost profits relating to any such repairs. Lessee shall have the obligation to notify Lessor, in writing, of any repairs or maintenance to the Common Areas which may be required, and Lessor shall have a reasonable time to make repairs; provided that, Lessor shall commence repairs no later than thirty (30) days after Lessor's receipt of notice from Lessee of the need therefor and thereafter diligently continue the same until completion thereof. The preceding sentence shall not be construed to require physical repair work to have commenced within such thirty (30) day period of time, as Lessor shall be deemed to have commenced repairs merely by contacting (by telephone or otherwise) a contractor to perform such work, whether or not such contractor is actually ultimately hired or is able to commence physical work within such thirty (30) period. Lessee shall pay to Lessor, as additional rent, in the manner and at the time provided below, Lessee's proportionate share, as defined below, of all costs and expenses incurred by Lessor in the operation and maintenance of the Common Areas of the Business Park during the term of this Lease. Such costs and expenses shall include, without limiting the generality of the foregoing, all maintenance, pest control, security, gardening, landscaping, cost of public liability, property damage, vandalism and malicious mischief, earthquake, and other insurance deemed necessary by the Lessor, real property taxes, property taxes, property management costs, including a management fee as determined by Lessor (which shall in no event exceed 3% of the base rent payable for the period of time covered by such fee), painting, lighting, cleaning, trash removal, depreciation of equipment, fire protection, and similar items. Lessee's proportionate share of such common area expenses shall be 19.88%, which is based on the ratio between the 48,384 square feet within the Premises and the total square footage of buildings within the Business Park which is 243,364 square feet. Such square footage is measured from the exterior surface of all exterior walls, and includes entryways and the area under covered docks. Lessee acknowledges that it has measured the square footage of the Premises, or has had adequate opportunity to do so, and that the square footage of the Premises set forth above shall be conclusive unless the area of the Premises changes subsequent to the Commencement Date. Lessor shall xxxx Lessee monthly for Lessee's proportionate share of such common area costs, which proportionate share shall be based upon the previous month's actual costs and expenses. Lessee shall pay such proportionate share within 15 days of receipt of said billing statement from Lessor.

Maintenance - Common Areas. Lessor shall maintain the ------------- -------------------------- Common Areas, together with all facilities and improvements now or hereafter located thereon, and together with all street improvements or other improvements adjacent thereto as may be required from time to time by governmental authority. The manner in which such areas shall be maintained and the expenditures therefor shall be at the sole discretion of Lessor. Lessor shall at all times have exclusive control of the Common Areas and may at any time temporarily close any part thereof, may exclude and restrain anyone from any part thereof (except the bona fide customers, employees and invitees of Lessee who use the Common Areas in accordance with the rules and regulations that Lessor may from time to time promulgate), and Lessor may change the configuration of the Common Areas or the location of facilities thereon so long as any such change by Lessor does not unreasonably interfere with Lessee's ’s use of the Premises. Lessor shall also be entitled to employ third parties to operate and maintain all or any part of such areas on such terms and conditions as Lessor shall in its sole discretion deem reasonable and proper. The surface parking facilities shall be available for the automobiles of Lessee and Lessee's ’s customers, employees and invitees on a nonassignednon-assigned, non-exclusive basis. In connection with all of Lessor's ’s activities under this paragraph, Lessor shall make a reasonable effort to minimize any disruption of Lessee's ’s business, provided that Lessor shall not be obligated to incur overtime costs to employ workers who work after normal business hours and on weekends. Except as otherwise specifically provided in Article X below (damage and destruction), there shall be no abatement of rent or other sums payable by Lessee prior to or during any repairs by Lessee or Lessor, and Lessee waives all claims for loss of business or lost profits relating to any such repairs. Lessee shall have the obligation to notify Lessor, in writing, of any repairs or maintenance to the Common Areas which may be required, and Lessor shall have a reasonable time to make repairs; provided that, Lessor shall commence repairs no later than thirty (30) days after Lessor's ’s receipt of notice from Lessee of the need therefor and thereafter diligently continue the same until completion thereof. The preceding sentence shall not be construed to require physical repair work to have commenced within such thirty (30) day period of time, as Lessor shall be deemed to have commenced repairs merely by contacting (by telephone or otherwise) a contractor to perform such work, whether or not such contractor is actually ultimately hired or is able to commence physical work within such thirty (30) period. Lessee shall pay to Lessor, as additional rent, in the manner and at the time provided below, Lessee's ’s proportionate share, as defined below, of all costs and expenses incurred by Lessor in the operation and maintenance of the Common Areas of the Business Park during the term of this Lease. Such costs and expenses shall include, without limiting the generality of the foregoing, all maintenance, pest control, security, gardening, landscaping, cost of public liability, property damage, vandalism and malicious mischief, earthquake, and other insurance deemed necessary by the Lessor, real property taxes, property taxes, property management costs, including a management fee as determined by Lessor (which shall in no event exceed 3% of the base rent payable for the period of time covered by such fee), painting, lighting, cleaning, trash removal, depreciation of equipment, fire protection, and similar items. Lessee's ’s proportionate share of such common area expenses shall be 19.8810.28%, which is based on the ratio between the 48,384 25,024 square feet within the Premises and the total square footage of buildings within the Business Park which is 243,364 square feet. Such square footage is measured from the exterior surface of all exterior walls, and includes entryways and the area under covered docks. Lessee acknowledges that it has measured the square footage of the Premises, or has had adequate opportunity to do so, and that the square footage of the Premises set forth above shall be conclusive unless the area of the Premises changes subsequent to the Commencement Date. Lessor shall xxxx Lessee monthly for Lessee's ’s proportionate share of such common area costs, which proportionate share shall be based upon the previous month's ’s actual costs and expenses. Lessee shall pay such proportionate share within 15 days of receipt of said billing statement from Lessor.

Maintenance - Common Areas. Lessor shall maintain the ------------- -------------------------- Common Areascommon areas of the Property, together with all facilities including landscaping, in reasonably good working order and improvements now or hereafter located thereoncondition, except that damage occasioned by the act of Lessee and together with all street improvements or other improvements adjacent thereto as may be required from time to time not covered by governmental authority. The manner the insurance described in which such areas Article 6 shall be maintained and the expenditures therefor shall be repaired by Lessor at the sole discretion of LessorLessee's expense. Lessor shall at all times have exclusive control warrant the condition of the Common Areas and may at any time temporarily close any part thereof, may exclude and restrain anyone roof membrane for a period of ninety (90) days from any part thereof (except the bona fide customers, employees and invitees of Lessee who use the Common Areas in accordance with the rules and regulations that Lessor may from time to time promulgate)Commencement Date, and Lessor may change shall during such ninety (90) day period repair at Lessor's sole expense any damage to the configuration of the Common Areas or the location of facilities thereon so long as any such change by Lessor does not unreasonably interfere with Lessee's use of the Premises. Lessor shall also be entitled to employ third parties to operate and maintain all or any part of such areas on such terms and conditions as Lessor shall in its sole discretion deem reasonable and proper. The surface parking facilities roof membrane, except that Lessee shall be available liable for any damage caused by the automobiles of Lessee and Lessee's customers, employees and invitees on a nonassigned, non-exclusive basis. In connection with all of Lessor's activities under this paragraph, Lessor shall make a reasonable effort to minimize any disruption negligence or willful misconduct of Lessee's business, provided that Lessor shall not be obligated to incur overtime costs to employ workers who work after normal business hours and on weekends. Except as otherwise specifically provided in Article X below (damage and destruction), there shall be no abatement of rent its employees or other sums payable by Lessee prior to or during any repairs by Lessee or Lessor, and Lessee waives all claims for loss of business or lost profits relating to any such repairsagents. Lessee shall have the obligation to notify Lessor, Lessor in writing, writing of any repairs or maintenance to the Common Areas common areas which may be required, required and Lessor shall have a reasonable time to make such repairs; provided that. Lessee shall bear its pro rata share, as set forth in Paragraph 1.4, of the costs of maintaining the common areas including, but not limited to, a management fee for the Property, which fee may be payable either to Lessor or an affiliated or unaffiliated third party. Lessor shall commence repairs no later than thirty (30) days after Lessor's receipt pay the cost of notice from Lessee installing the initial landscaping of the need therefor common areas and thereafter diligently continue the same until completion thereofPremises, if applicable. The preceding sentence shall not be construed to require physical repair work to have commenced within such thirty (30) day period common areas of time, as Lessor the Property shall be deemed to have commenced repairs merely by contacting comprised of all non-leasable space including, but not limited to, the Building shell (by telephone or otherwise) a contractor to perform such workincluding the roof membrane, whether or not such contractor is actually ultimately hired or is able to commence physical work but excluding the roof structure), sidewalks, parking areas, private roadways within such thirty (30) periodthe Property, water amenities and landscaping. Lessee shall pay its pro rata share, as set forth in Paragraph 1.4, monthly in advance with its rent payments to Lessor, as additional rent, in of Lessor's most recent estimate of monthly expenses for maintaining and repairing the manner and at the time provided below, Lessee's proportionate share, as defined below, of all costs and expenses incurred by Lessor in the operation and maintenance of the Common Areas of the Business Park during the term of this Lease. Such costs and expenses shall include, without limiting the generality of the foregoing, all maintenance, pest control, security, gardening, landscaping, cost of public liability, property damage, vandalism and malicious mischief, earthquake, and other insurance deemed necessary by the Lessor, real property taxes, property taxes, property management costs, including a management fee as determined by Lessor (which shall in no event exceed 3% of the base rent payable for the period of time covered by such fee), painting, lighting, cleaning, trash removal, depreciation of equipment, fire protection, and similar items. Lessee's proportionate share of such common area expenses shall be 19.88%, which is based on the ratio between the 48,384 square feet within the Premises and the total square footage of buildings within the Business Park which is 243,364 square feet. Such square footage is measured from the exterior surface of all exterior walls, and includes entryways and the area under covered docks. Lessee acknowledges that it has measured the square footage of the Premises, or has had adequate opportunity to do so, and that the square footage of the Premises set forth above shall be conclusive unless the area of the Premises changes subsequent to the Commencement Dateareas. Lessor shall xxxx provide Lessee monthly for Lessee's proportionate share of such common area costswith an accounting reconciliation on an annual basis, which proportionate share shall be based upon with any overpayments being credited to the previous next month's actual costs and estimated, maintenance expenses. Lessee shall pay have the right to audit the books, records and supporting documents of Lessor to the extent necessary to determine the accuracy of such proportionate share within 15 accounting during normal business hours, after giving Lessor at least two (2) days prior written notice. Estimated maintenance expenses may be adjusted by Lessor at any time by notice to Lessee. Notwithstanding the provisions of receipt Paragraph 7.2, and except for damage caused by any negligent or intentional act or omission of said billing statement from Lessee, Lessee's employees, suppliers, shippers, customers, or invitees, in which event Lessee shall repair the damage, Lessor, at Lessor's expense, shall keep in good condition and repair the foundations, exterior walls, the structural condition of interior bearing walls, and the roof structure.