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

Management and Operation of Common Areas. Landlord will use commercially reasonable efforts to operate and maintain or cause to be operated and maintained, the Common Areas in a first-class manner and in the best interest of the Shopping Center. Landlord will have the right (1) to establish, modify and enforce reasonable and uniform rules and regulations with respect to the Common Areas for the general benefit of Landlord and all tenants of the Shopping Center; (2) to enter into, modify and terminate easements and other agreements pertaining to the use and/or maintenance of Common Areas and fees for the use of Common Areas; (3) to provide for employee parking and formulate reasonable and uniform rules and regulations for the same; (4) to close such portions of said parking areas or other common areas to such extent as may, in the reasonable opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any right to any person or to the public therein or for any other reason in the best interest of Landlord and all tenants, provided, however, to the extent possible such closure shall take place during non-business hours and shall be accomplished in a manner so as not to materially adversely affect Tenant's operations; (5) to close temporarily any or all portions of the Common Areas for repairs or refurbishing, provided, however, to the extent possible such closure shall take place during non-business hours and Landlord shall exercise its rights in such manner so as not to materially adversely affect Tenant; (6) to move, remove, relocate and/or replace seats, trees, planters and other amenities commonly found in first-class regional shopping centers; and (7) to do such other acts in and to said areas and improvements as in the exercise of good business management, and the maintenance of a first-class regional shopping center, as Landlord, in the exercise of its reasonable business judgment, shall deem to be advisable.

Appears in 1 contract

Samples: Indemnity and Insurance (Ciao Cucina Corp)

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Management and Operation of Common Areas. Landlord will use commercially reasonable efforts to operate and maintain or will cause to be operated and maintained, the Common Areas in a first-class manner and in the best interest of the Shopping Center. Landlord will have the right (1) to establish, modify and enforce reasonable and uniform rules and regulations with respect to the Common Areas for the general benefit of Landlord and all tenants of the Shopping Center; (2) to enter into, modify and terminate easements and other agreements pertaining to the use and/or and maintenance of Common Areas the parking areas and fees for the use of such parking areas and other Common Areas; (3) to provide for employee parking (which parking may be located off the Resort property) and formulate reasonable and uniform rules and regulations for the same; (4) without abatement of rent or other charges, to close such portions of said parking areas or other common areas to such extent as may, in the reasonable opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any right to any person or to the public therein or for any other reason in the best interest of Landlord and all tenants, provided, however, to the extent possible such closure shall take place during non-business hours and shall be accomplished in a manner so as not to materially adversely affect Tenant's operations; (5) without abatement of rent or other charges, to close temporarily any or all portions of the Common Areas for repairs or refurbishing, provided, however, to the extent possible such closure shall take place during non-business hours and Landlord shall exercise its rights in such manner so as not to materially adversely affect Tenant; (6) to discourage non-customer parking; (7) to move, remove, relocate and/or replace seats, trees, planters and other amenities commonly found in first-class regional shopping centerscenters provided the same do not materially impair access to or visibility of the Premises from the Common Areas adjacent to the Premises; and (7) 8) to do such other acts in and to said areas and improvements as in the exercise of good business management, and the maintenance of a first-class regional shopping center, as Landlord, in the exercise of its reasonable business judgment, shall deem to be advisable.

Appears in 1 contract

Samples: Play Co Toys & Entertainment Corp

Management and Operation of Common Areas. Landlord will use commercially reasonable efforts to operate and maintain or will cause to be operated and maintained, the Common Areas in a first-class manner and in the best interest of the Shopping Center. Landlord will have the right (1) to establish, modify and enforce reasonable and uniform rules and regulations with respect to the Common Areas for the general benefit of Landlord and all tenants of the Shopping Center; (2) to enter into, modify and terminate easements and other agreements pertaining to the use and/or and maintenance of Common Areas the parking areas and fees for the use of such parking areas and other Common Areas; (3) to provide for employee parking and formulate reasonable and uniform rules and regulations for the same; (4) without abatement of rent or other charges to close such portions all or any portion of said parking areas or other common areas Common Areas to such extent as may, in the reasonable opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any right to any person or to the public therein or for any other reason in the best interest of Landlord and all tenants, provided, however, to the extent possible such closure shall take place during non-business hours and shall be accomplished in a manner so as not to materially adversely affect Tenant's operations; (5) without abatement of rent or other charges, to close temporarily any or all reasonable portions of the Common Areas for repairs or refurbishing, provided, however, to the extent possible such closure shall take place during non-business hours and Landlord shall exercise its rights in such manner so as not to materially adversely affect Tenant; (6) to discourage non-customer parking; (7) except as otherwise provided herein, to move, remove, relocate and/or replace seats, trees, planters and other amenities commonly found in first-class regional shopping centers; and (7) 8) to do such other acts in and to said areas and improvements as in the exercise of good business management, and the maintenance of a first-class regional shopping center, as Landlord, in the exercise of its reasonable business judgment, shall deem to be advisable.

Appears in 1 contract

Samples: Play Co Toys & Entertainment Corp

Management and Operation of Common Areas. Landlord will use commercially reasonable efforts to operate shall operate, decorate, repair, equip and maintain maintain, or shall cause to be operated decorated, operated, repaired, equipped and maintained, the Common Areas in a first-class manner consistent with the level of such operation and maintenance at other similar shopping centers in the best interest of area in which the Shopping CenterCenter is located. In connection with the exercise of its rights under this Section 6.2, Landlord will have the right may: (1i) to establish, modify and enforce reasonable and uniform rules and regulations with respect to utilize the Common Areas for the general benefit of Landlord promotions, exhibits, food facilities and all tenants of the Shopping Centerany other use which Landlord, in its reasonable business judgment, deems appropriate for such Common Areas; (2ii) erect, install, remove and lease, kiosks, planters, pools, sculpture, temporary scaffolds and other aids to construction, and other improvements within the Common Areas; (iii) enter into, modify and terminate easements and other agreements pertaining to the use and/or and maintenance of Common Areas and fees for any part of the use Shopping Center; (iv) close temporarily all or any portion of the Common Areas; (3v) grant individual tenants and others the right to provide for employee parking and formulate reasonable and uniform rules and regulations for conduct sales in the sameCommon Areas; (4vi) restrict parking by tenants and other occupants of the Shopping Center, their employees, agents, and concessionaires; (vii) temporarily close all or any portion of the Shopping Center and in connection therewith, seal off all entrances to close such portions of said parking areas the Shopping Center or other common areas any portion thereof to such extent as may, in the reasonable sole opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any right rights to any person or to the public therein or for thereon; (viii) temporarily suspend any other reason in the best interest of Landlord and all tenantsservices, provided, however, facilities and access by the public to the extent possible such closure shall take place during non-business hours and shall be accomplished in a manner so as not to materially adversely affect Tenant's operations; (5) to close temporarily all or any or all portions part of the Common Areas for repairs Shopping Center on legal holidays or refurbishing, provided, however, due to any event beyond the extent possible such closure shall take place during non-business hours and Landlord shall exercise its rights in such manner so as not to materially adversely affect Tenant; (6) to move, remove, relocate and/or replace seats, trees, planters and other amenities commonly found in first-class regional shopping centersreasonable control of Landlord; and (7ix) to do such and perform any other acts in and to said areas and improvements as Common Areas as, in the exercise of good business management, and the maintenance of a first-class regional shopping center, as Landlord, in the exercise of its reasonable business judgment, Landlord shall deem to be advisable, provided, however, Landlord shall not construct or place any improvements within the "no-build" area without Tenant's prior written consent, except as provided in Section 2.2 above.

Appears in 1 contract

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

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Management and Operation of Common Areas. Landlord will use commercially reasonable efforts to operate and maintain or will cause to be operated and maintained, the Common Areas in a first-class manner and in the best interest of the Shopping Center. Landlord will have the right (1) subject to Section 18.1, to establish, modify and enforce reasonable and uniform rules and regulations with respect to the Common Areas for the general benefit of Landlord and all tenants of the Shopping Center; (2) to enter into, modify and terminate easements and other agreements pertaining to the use and/or and maintenance of Common Areas and fees for the use of Common Areasparking areas; (3) to provide for employee parking (which parking may be located off the Shopping Center or Resort property) and formulate reasonable and uniform rules and regulations for the same; (4) without abatement of rent or other charges, to close such portions of said parking areas or other common areas to such extent as may, in the reasonable opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any right to any person or to the public therein or for any other reason in the best interest of Landlord and all tenants, provided, however, to the extent possible such closure shall take place during non-business hours and shall be accomplished in a manner so as not to materially adversely affect Tenant's operations; (5) without abatement of rent or other charges, to close temporarily any or all portions of the Common Areas for repairs or refurbishing, provided, however, to the extent possible such closure shall take place during non-business hours and Landlord shall exercise its rights in such manner so as not to materially adversely affect Tenant; (6) to discourage non-customer parking; (7) to move, remove, relocate and/or replace seats, trees, planters and other amenities commonly found in the Common Areas of first-class regional shopping centerscenters and casino projects; and (7) 8) to do such other acts in and to said areas and improvements as in the exercise of good business management, and the maintenance of a first-class regional shopping centerShopping Center, as Landlord, in the exercise of its reasonable business judgment, shall deem to be advisable.. Impossible Kicks – Grand Canal Shoppes – 2065 – Retail Lease 2/6/2023 (NL) (kb)

Appears in 1 contract

Samples: Lease (Impossible Kicks Holding Company, Inc.)

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