Common use of Management and Operation of Common Areas Clause in Contracts

Management and Operation of Common Areas. Landlord shall operate, decorate, repair, equip and maintain, or shall cause to be decorated, operated, repaired, equipped and maintained, the Common Areas in a manner deemed by Landlord, in its reasonable business judgment, to be appropriate and lawful, including those Laws relating to handicap accessibility. In connection with the exercise of its rights under this Section 6.2, Landlord may: (i) erect, install, remove and lease, kiosks, planters, pools, sculpture and other improvements within the Common Areas for repair or to preserve public safety or to avoid a public dedication; (ii) enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of any part of the Building; (iii) close temporarily all or any portion of the Common Areas; (iv) close all or any portion of the Building and in connection therewith, seal off all access to the Building or any portion thereof to such extent as may, in the sole opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public thereon; (v) temporarily suspend any and all services, facilities and access by the public to all or any part of the Building on legal holidays or due to any event beyond the reasonable control of Landlord; and (vi) do and perform any other acts in and to said Common Areas as, in the exercise of good business judgment, Landlord shall deem advisable. Except as provided hereinabove, Landlord shall not obstruct the Common Areas or the area immediately in front of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Mason George Bankshares Inc)

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Management and Operation of Common Areas. Landlord shall operate, decorate, repair, equip and maintain, or shall cause to be decorated, operated, repaired, equipped and maintained, maintain the Common Areas in a manner deemed by Landlordand shall have the exclusive right and authority to employ and discharge personnel with respect thereto. Without limiting the foregoing, in its provided that Tenant’s use of the Leased Premises that is permitted hereunder and reasonable business judgment, access to be appropriate and lawful, including those Laws relating to handicap accessibility. In connection with the exercise of its rights under this Section 6.2Leased Premises are not materially adversely affected, Landlord may: may (i) use the Common Areas for promotions, exhibits, displays, outdoor seating, food facilities and any other use which tends to benefit the Building, tenants of the Building or visitors to the Building; (ii) grant the right to conduct sales in the Common Areas; (iii) erect, install, remove and lease, lease kiosks, planters, pools, sculpture sculptures and other improvements within the Common Areas for repair or to preserve public safety or to avoid a public dedicationAreas; (iiiv) enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of the Building; (v) construct, maintain, operate, replace and remove lighting, equipment, and signs on all or any part of the Common Areas, provided that Tenant’s rights expressly set forth in Section 4.04 hereof are not materially adversely affected; (vi) provide security personnel for the Building; and (iiivii) restrict parking in the Building, provided that Tenant’s parking rights are not thereby diminished. Landlord and Tenant agree that the Common Restrooms and elevator lobbies within the Leased Premises shall not be deemed part of the Common Areas for purposes of this Lease. Landlord reserves the right at any time and from time to time to change or alter the location, layout, nature or arrangement of the Common Areas or any portion thereof, including but not limited to the arrangement and/or location of entrances, passageways, doors, corridors, stairs, lavatories, elevators, parking areas, and other public areas of the Building, which work shall be at Landlord’s sole cost and shall not be included in Operating Costs, unless (a) such work is performed in connection with the operation, maintenance, repair or management of the Building or in order to comply with any and all applicable laws, rules, regulations and requirements of any governmental authority having jurisdiction over the Building, and (b) the cost of such work is not expressly excluded from Operating Costs pursuant to Exhibit H hereof. Landlord shall have the right to close temporarily all or any portion of the Common Areas; (iv) close all or any portion of the Building and in connection therewith, seal off all access to the Building or any portion thereof Areas to such extent as may, in the sole reasonable opinion of Landlord, be necessary for repairs, replacements or maintenance to prevent the Common Areas, provided such repairs, replacements or maintenance are performed expeditiously and in such a dedication thereof manner as not to deprive Tenant of access to the Leased Premises. Landlord shall have the right, at any time, to (i) make alterations or the accrual of any rights additions to any person or to part of, the public thereonBuilding; (vii) temporarily suspend any and all services, facilities and access by build other buildings or improvements in or about the public to all or any part of land on which the Building on legal holidays or due to any event beyond the reasonable control of Landlordis located; and (viiii) do convey to others or withdraw portions of such land; provided, however, that (a) Landlord shall use reasonable efforts to minimize any interference with Tenant’s business operations in connection with such work, (b) Landlord shall use reasonable efforts to provide Tenant with forty-eight (48) hours (or 30 days if it relates to clause (ii) or (iii) hereof) prior notice (except in the event of an emergency, when no such notice shall be required) if such work is likely to have a material adverse affect on Tenant’s business operations in the Leased Premises, and perform (c) if as a direct result of any such work performed by Landlord at Landlord’s election, the Leased Premises or any substantial part thereof are rendered untenantable for three (3) consecutive business days and Tenant in fact does not occupy the Leased Premises (or the untenantable portion thereof), then the Base Rent which the Tenant is obligated to pay hereunder shall xxxxx proportionately (based on the number of square feet rendered untenantable and not occupied) as of the fourth (4th) business day after the Leased Premises (or any substantial part thereof) are rendered untenantable until the Leased Premises or such part thereof are again tenantable, unless such work performed by Landlord is requested by, or is for the benefit of, Tenant or is required to comply with any legal requirements applicable to the Building (other acts than to cure a violation existing as of the Term Commencement Date of any legal requirement in and effect as of the Term Commencement Date) or to said Common Areas asfulfill Landlord’s obligations hereunder or as a result of any casualty or damage to the Building, in which case no Base Rent shall xxxxx, unless otherwise expressly provided in this Lease. In connection with Landlord’s construction of any such additional improvements on the exercise land on which the Building is located, Landlord may temporarily restrict (but in no event more than two (2) consecutive weeks) Tenant’s use of good business judgmentcertain of its parking spaces as Landlord deems reasonably appropriate to facilitate such construction. Landlord shall use reasonable efforts to minimize the disruption to Tenant’s use of such parking spaces and in the event Tenant is prohibited from using any such spaces, Landlord shall deem advisable. Except make arrangements for alternative parking in reasonably close proximity to the Building for the number of spaces that Tenant is entitled to use in the Building’s parking area, but is prohibited from using as provided hereinabove, Landlord shall not obstruct the Common Areas or the area immediately in front a result of the Premisessuch construction.

Appears in 1 contract

Samples: Office Lease Agreement (Opnet Technologies Inc)

Management and Operation of Common Areas. Landlord shall operate, decorate, repair, equip and maintain, or shall cause to be decorated, operated, repaired, equipped and maintained, maintain the Common Areas in a manner deemed by Landlordand shall have the exclusive right and authority to employ and discharge personnel with respect thereto. Without limiting the foregoing, in its provided that Tenant's use of the Leased Premises that is permitted hereunder and reasonable business judgment, access to be appropriate and lawful, including those Laws relating to handicap accessibility. In connection with the exercise of its rights under this Section 6.2Leased Premises are not materially adversely affected, Landlord may: may (i) use the Common Areas for promotions, exhibits, displays, outdoor seating, food facilities and any other use which tends to benefit the Building, tenants of the Building or visitors to the Building; (ii) grant the right to conduct sales in the Common Areas; (iii) erect, install, remove and lease, lease kiosks, planters, pools, sculpture sculptures and other improvements within the Common Areas for repair or to preserve public safety or to avoid a public dedicationAreas; (iiiv) enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of the Building; (v) construct, maintain, operate, replace and remove lighting, equipment, and signs on all or any part of the Common Areas, provided that Tenant's rights expressly set forth in Section 4.04 hereof are not materially adversely affected; (vi) provide security personnel for the Building; and (iiivii) restrict parking in the Building, provided that Tenant's parking rights are not thereby diminished. Landlord reserves the right at any time and from time to time to change or alter the location, layout, nature or arrangement of the Common Areas or any portion thereof, including but not limited to the arrangement and/or location of entrances, passageways, doors, corridors, stairs, lavatories, elevators, parking areas, and other public areas of the Building. Landlord shall have the right to close temporarily all or any portion of the Common Areas; (iv) close all or any portion of the Building and in connection therewith, seal off all access to the Building or any portion thereof Areas to such extent as may, in the sole reasonable opinion of Landlord, be necessary for repairs, replacements or maintenance to prevent the Common Areas, provided such repairs, replacements or maintenance are performed expeditiously and in such a dedication thereof manner as not to deprive Tenant of access to the Leased Premises. Landlord shall have the right, at any time, to (i) make alterations or the accrual of any rights additions to any person or to part of, the public thereonBuilding; (vii) temporarily suspend any and all services, facilities and access by build other buildings or improvements in or about the public to all or any part of land on which the Building is located which may include without limitation, constructing on legal holidays or due such land a ramp and other improvements to any event beyond provide access xxx Xxx Xxxxxx to property adjacent to such land and/or the reasonable control of LandlordBuilding; and (viiii) do convey to others or withdraw portions of such land; provided, however, that (a) Landlord shall use reasonable efforts to minimize any interference with Tenant's business operations in connection with such work, (b) Landlord shall use reasonable efforts to provide Tenant with forty-eight (48) hours prior notice (except in the event of an emergency, when no such notice shall be required) if such work is likely to have a material adverse affect on Tenant's business operations in the Leased Premises, and perform (c) if as a direct result of any other acts such work performed by Landlord at Landlord's election, the Leased Premises or any substantial part thereof are rendered untenantable for three (3) consecutive business days and Tenant in fact does not occupy the Leased Premises (or the untenantable portion thereof), then the Base Rent which the Tenant is obligated to pay hereunder shall xxxxx proportionately (based on the number of square feet rendered untenantable and not occupied) as of the fourth (4th) business day after the Leased Premises (or any substantial part thereof) are rendered untenantable until the Leased Premises or such part thereof are again tenantable, unless such work performed by Landlord is requested by, or is for the benefit of, Tenant or is required to said Common Areas ascomply with any legal requirements applicable to the Building or to fulfill Landlord's obligations hereunder or as a result of any casualty or damage to the Building, in which case no Base Rent shall xxxxx, unless otherwise expressly provided in this Lease. In connection with Landlord's construction of any such additional improvements on the exercise land on which the Building is located, Landlord may temporarily restrict (but in no event more than two (2) consecutive weeks) Tenant's use of good business judgmentcertain of its parking spaces as Landlord deems reasonably appropriate to facilitate such construction. Landlord shall use reasonable efforts to minimize the disruption to Tenant's use of such parking spaces and in the event Tenant is prohibited from using any such spaces, Landlord shall deem advisable. Except make arrangements for alternative parking in reasonably close proximity to the Building for the number of spaces that Tenant is entitled to use in the Building's parking area, but is prohibited from using as provided hereinabove, Landlord shall not obstruct the Common Areas or the area immediately in front a result of the Premisessuch construction.

Appears in 1 contract

Samples: Office Lease Agreement (Opnet Technologies Inc)

Management and Operation of Common Areas. Landlord shall operate, decorate, repair, equip equip, maintain and maintainsecure, or shall cause to be decorated, operated, repaired, equipped equipped, maintained and maintainedsecured, the Common Areas in a manner deemed by Landlord, in its reasonable business judgment, to be appropriate and lawful, including those Laws relating to handicap accessibilityappropriate. In connection with the exercise of its rights under this Section 6.2, Landlord may: (i) utilize the Common Areas for promotions, exhibits, food facilities and any other use which Landlord, in its reasonable business judgment, deems appropriate for such Common Areas; (ii) erect, install, remove and lease, kiosks, planters, poolsfountains, sculpture sculpture, temporary scaffolds and other aids to construction, and other improvements within the Common Areas for repair or to preserve public safety or to avoid a public dedicationAreas; (iiiii) enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of any part of the BuildingMixed Use Project; (iiiiv) close temporarily all or any portion of the Common Areas; (ivv) grant individual tenants and others the right to conduct sales in the Common Areas; (vi) restrict parking by tenants and other occupants of the Mixed Use Project, their employees, agents, and concessionaires and the respective visitors and invitees of each; (vii) close all or any portion of the Building Mixed Use Project and in connection therewith, seal off all access entrances to the Building Mixed Use Project or any portion thereof to such extent as may, in the sole opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public thereon; (vviii) temporarily suspend any and all services, facilities and access by the public to all or any part of the Building Mixed Use Project on legal holidays or due to any event beyond the reasonable control of Landlord; and (viix) do and perform any other acts in and to said Common Areas as, in the exercise of good business judgment, Landlord shall deem advisable. Except as provided hereinabove, Landlord shall not obstruct the Common Areas or the area immediately in front of the Premises.

Appears in 1 contract

Samples: Sublease Agreement (Veg House Holdings Inc.)

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Management and Operation of Common Areas. Landlord shall operate, decorate, repair, equip and maintain, or shall cause to be decorated, operated, repaired, equipped and maintained, the Common Areas in a manner deemed by Landlord, in its reasonable business judgment, to be appropriate and lawful, including those Laws relating to handicap accessibilityappropriate. In connection with the exercise of its rights under this Section 6.2, but subject to Section 2.2 hereof, Landlord may: (i) utilize the Common Areas for promotions, exhibits, food facilities and any other use which Landlord, in its reasonable business judgment, deems appropriate for such Common Areas; (ii) erect, install, remove and lease, kiosks, planters, pools, sculpture sculpture, temporary scaffolds and other aids to construction, and other improvements within the Common Areas for repair or to preserve public safety or to avoid a public dedicationAreas; (iiiii) enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of any part of the BuildingShopping Center; (iiiiv) close temporarily all or any portion of the Common Areas; (ivv) grant individual tenants and others the right to conduct sales in the Common Areas; (vi) restrict parking by tenants and other occupants of the Shopping Center, their employees, agents, and concessionaires and the respective visitors and invitees of each; (vii) close all or any portion of the Building Shopping Center and in connection therewith, seal off all access entrances to the Building Shopping Center or any portion thereof to such extent as may, in the sole opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public thereon; (vviii) temporarily suspend any and all services, facilities and access by the public to all or any part of the Building Shopping Center on legal holidays or due to any event beyond the reasonable control of Landlord; and (viix) do and perform any other acts in and to said Common Areas as, in the exercise of good business judgment, Landlord shall deem advisable. Except as provided hereinabove, Landlord shall not obstruct the Common Areas or the area immediately in front of the Premises.

Appears in 1 contract

Samples: Lease Agreement (First Capital Income Properties LTD Series Viii)

Management and Operation of Common Areas. Landlord shall operate, decorate, repair, equip and maintain, or shall cause to be decorated, operated, repaired, equipped and maintained, maintain the Common Areas in a manner deemed by consistent with the Operating Standard and shall have the exclusive right and authority to employ and discharge personnel with respect thereto (provided Landlord will endeavor to respond, subject to Landlord, in its reasonable business judgment’s customary employment practices and applicable employment laws, to be appropriate and lawfulany reasonable complaints of Tenant regarding the behavior of specific personnel who interact with Tenant or its employees or invitees). Without limiting the foregoing, including those Laws relating to handicap accessibility. In connection so long as such use is consistent with the exercise of its rights under this Section 6.2, Operating Standard Landlord may: may (i) use the Common Areas (other than the Protected Area) from time to time for short term promotions, exhibits and displays, outdoor seating, food facilities and any other use which tends to benefit the Project, or any part thereof that are consistent with the Operating Standard; (ii) grant the temporary right to conduct sales in the Common Areas (other than the Protected Area); (iii) erect, install, remove and lease, lease kiosks, planters, pools, sculpture sculptures and other improvements within the Common Areas for repair or to preserve public safety or to avoid a public dedication(other than the Protected Areas); (iiiv) enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of the Project, or any part thereof that do not materially and adversely affect access to the Leased Premises pursuant to the entrances to the Building or the use of the Leased Premises for the Permitted Use or Tenant’s parking rights, or the visibility of Tenant’s exterior signs; (v) construct, maintain, operate, replace and remove lighting, equipment, and signs on all or any part of the BuildingCommon Areas that do not materially interfere with the visibility of Tenant’s exterior signs; (iiivi) provide security personnel for the Parking Garage and Lot 7 Parking Garage and/or other Common Areas; and (vii) subject to Tenant’s express parking rights hereunder, restrict parking in the Parking Garage and/or the Lot 7 Parking Garage. Subject to Tenant’s express parking rights hereunder, Landlord reserves the right at any time and from time to time to change or alter the location, layout, nature or arrangement of the Common Areas or any portion thereof, so long as such changes do not unreasonably interfere with access to the Leased Premises via the entrances to the Building or the use of the Leased Premises for the Permitted Use. Landlord shall have the right to close temporarily all or any portion of the Common Areas; (iv) close all or any portion of the Building and in connection therewith, seal off all access to the Building or any portion thereof Areas to such extent as may, in the sole reasonable opinion of Landlord, be necessary to prevent a dedication thereof for repairs, replacements or the accrual of any rights to any person or maintenance to the public thereon; (v) temporarily suspend Common Areas, provided such repairs, replacements or maintenance are performed expeditiously and in such a manner so as not to deprive Tenant of access to the Leased Premises and Landlord otherwise uses reasonable efforts to minimize any interference with access to the Leased Premises via the entrances to the Building, or use of the Leased Premises for the Permitted Use and all servicesare made in good faith and not with the intent to interfere with the visibility of Tenant’s signs. Any diminution or shutting off of light, facilities and access air or view by any structure which may be erected on lands adjacent to or in the public to all or any part vicinity of the Building shall in no way affect this Lease or impose any liability on legal holidays or due to any event beyond the reasonable control of Landlord; and (vi) do and perform any other acts in and to said Common Areas as, in the exercise of good business judgment, Landlord shall deem advisable. Except as provided hereinabove, Landlord shall not obstruct the Common Areas or the area immediately in front of the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (Splunk Inc)

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