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Common use of OPERATION AND MAINTENANCE OF COMMON AREAS Clause in Contracts

OPERATION AND MAINTENANCE OF COMMON AREAS. Section 6.01: Lessor agrees, at Lessor's sole cost and expense, to construct the building and hard surface, to properly drain, landscape, and light a parking area or parking areas. Lessor further agrees to cause to be operated, managed, and maintained during the term of this Lease, all parking areas, roads, sidewalks, landscaping, drainage, and common area lighting facilities in the Building. The manner in which such areas and facilities shall be maintained and operated, and the expenditures therefore, shall be at the sole discretion of the Lessor, and the use of such areas and facilities shall be subject to such reasonable regulations as Lessor shall make from time to time. Section 6.02: Lessee agrees to pay to Lessor in the manner hereinafter provided, but not more often than once each month, Lessee's proportionate share of all costs and expenses of every kind and nature paid or incurred by Lessor in operating, equipping, policing and protecting, lighting, insuring, repairing, replacing, and maintaining the common areas of the Building. Such costs and expenses shall include, but not be limited to, illumination and maintenance of the Building signs, cleaning, lighting, line painting and landscaping, premiums liability and property insurance. Any utilities furnished or supplied to common areas of the Building which are not separately metered shall be considered a cost to maintain the common areas and shall be included as part of such cost. For the purpose hereof, any charges for utilities contained in the foregoing costs and expenses shall be at the same rates as the rates for comparable service from the applicable utility company serving the area in which the Building is located. The proportionate share to be paid by Lessee shall be computed on the basis that the total number of square feet of floor area in the Leased Premises bears to the total number of square feet of the Building. Lessee's proportionate share of such costs and expenses for each lease year and partial lease year shall be paid in monthly installments on the first day of each month, in advance, in an amount established by Lessor. Within one hundred eighty (180) days after the end of each lease year or partial lease year, Lessor shall furnish Lessee with a statement of the actual amount of Lessee's proportionate share of such costs and expenses for such period. If the total amount paid by Lessee under this Section for any calendar year shall be less than the actual amount due from Lessee for such year as shown on such statement, Lessee shall pay to Lessor the difference between the amount paid by Lessee and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Lessee hereunder for any such calendar year shall exceed such actual amount due from Lessee for such calendar year, such excess shall be credited against the installment due from Lessee to Lessor under this Section 6.02.

Appears in 1 contract

Samples: Lease Agreement (Arotech Corp)

OPERATION AND MAINTENANCE OF COMMON AREAS. Section SECTION 6.01: Lessor agrees, at Lessor's sole cost and expense, to construct the building and hard surface, to properly drain, landscape, and light a parking area or parking areas. Lessor further agrees to cause to be operated, managed, and maintained during the term of this Lease, all parking areas, roads, sidewalks, landscaping, drainage, and common area lighting facilities in the Building. The manner in which such the parking and adjacent common areas and facilities shall be maintained and operated, operated and the expenditures therefore, therefore shall be at the sole discretion of the Lessor, Lessor and the use of such areas and facilities shall be subject to such reasonable regulations as Lessor shall make from time to time. Lessor shall not impose such regulations that would have an adverse, negative effect on the operation of the Lessee's business. Section SECTION 6.02: Lessee agrees to pay as rent to Lessor in the manner hereinafter provided, but not more often than once each monthmonthly, Lessee's proportionate share of all costs and expenses of every kind and nature paid or incurred by Lessor in operating, equipping, policing and protecting, lighting, insuring, insuring repairing, replacing, replacing and maintaining the common areas of the Buildingareas. Such costs and expenses shall include, but not be limited to, illumination and maintenance of the Building premises, signs, cleaning, lighting, line painting and painting, landscaping, sewer and premiums for liability and property insurance; and an amount equal to Lessee's proportionate share of fifteen percent (15%) of the total of all of the foregoing costs and expenses to cover administrative cost. Any utilities furnished or supplied to common areas of any Lessee or the Building building which are not separately metered metered, shall be considered a cost to maintain the common areas and shall be included as part of such cost. For the purpose hereof, any charges for utilities contained in the foregoing costs and expenses shall be at the same rates as the rates for comparable service from the applicable utility company serving the area in which the Building premises is located. The proportionate share to be paid by Lessee Tenant shall be computed on the basis that the total number of square feet of floor area in the Leased Premises leased premises bears to the total number of square feet of constructed leasable floor area at the Buildingpremises. Lessee's proportionate share of such costs and expenses for each lease year and partial lease year shall be paid as rent in monthly installments on the first 1st day of each calendar month, in advance, in an amount established estimated by Lessor. Within one hundred eighty ninety (18090) days after the end of each lease year or partial lease year, Lessor shall furnish Lessee with a statement of the actual amount of Lessee's proportionate share of such costs and expenses for such period. If the total amount paid by Lessee under this the Section for any calendar year shall be less than the actual amount due from Lessee for such year years as shown on such statement, Lessee shall pay to Lessor the difference between the amount paid by Lessee and the actual amount due, such deficiency to be paid within thirty ten (3010) days after the furnishing of each such statement, and if the total amount paid by Lessee hereunder for any such calendar year shall exceed such actual amount due from Lessee for such calendar year, such excess shall be credited against the next installment due from Lessee to Lessor under this Section 6.02.

Appears in 1 contract

Samples: Triple Net Lease (Star Services Group Inc)

OPERATION AND MAINTENANCE OF COMMON AREAS. Section 6.01: Lessor agreesWithout limiting the scope of such discretion, Landlord shall have the full right and authority to employ all personnel and to establish, modify and enforce reasonable rules and regulations necessary for the proper operation and maintenance of the Common Areas. Landlord shall have the right to close from time to time all or any portion of the Common Areas to such extent as, in the opinion of Landlord’s legal counsel, may be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person (other than Tenant) or the public therein; provided at Lessor's sole cost all times Tenant shall be provided with reasonable access to the Premises, the Building and expenseTenant’s parking to be provided herein. So long as Landlord does not unreasonably impede access to and from the Premises for Tenant and Tenant Parties, Landlord shall also have the right at any time, to construct modify the building and hard surfaceCommon Areas, to properly drainchange the arrangement and/or location of entrances, landscapelobbies, parking facilities, passageways, doors and light a parking area doorways, corridors, elevators, stairs, toilets or parking areas. Lessor further agrees to cause to be operated, managed, and maintained during the term of this Lease, all parking areas, roads, sidewalks, landscaping, drainage, and common area lighting facilities in the Building. The manner in which such areas and facilities shall be maintained and operated, and the expenditures therefore, shall be at the sole discretion other public parts of the LessorProject or Building and to change the name, and number or designation by which the use Building or Project is commonly known. If the amount of such areas and facilities Common Areas is diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of Rent, nor shall such diminution of such Common Areas be deemed constructive or actual eviction, Tenant shall have the right throughout the Lease Term to use non-reserved parking spaces, on a non-exclusive basis jointly with other tenants of the Building, and their employees, agents and invitees, subject to reasonable rules and regulations as Lessor shall make which may be changed from time to time. Section 6.02: Lessee agrees , which Landlord may from time to pay to Lessor in the manner hereinafter provided, but not more often than once each month, Lessee's proportionate share of all costs and expenses of every kind and nature paid or incurred time designate for use by Lessor in operating, equipping, policing and protecting, lighting, insuring, repairing, replacing, and maintaining the common areas patrons of the BuildingProject. Such costs and expenses shall include, but not be limited to, illumination and maintenance If Tenant permits or allows any of the Building signsprohibited activities described above, cleaningthen Landlord shall have the right, lightingin addition to such other rights and remedies that Landlord may have, line painting to remove or tow away the vehicle involved and landscapingcharge the cost to Tenant, premiums liability and property insurance. Any utilities furnished or supplied to common areas of the Building which are not separately metered cost shall be considered a cost to maintain the common areas and shall be included as part of such cost. For the purpose hereof, any charges for utilities contained in the foregoing costs and expenses shall be at the same rates as the rates for comparable service from the applicable utility company serving the area in which the Building is located. The proportionate share to be paid immediately payable upon demand by Lessee shall be computed on the basis that the total number of square feet of floor area in the Leased Premises bears to the total number of square feet of the Building. Lessee's proportionate share of such costs and expenses for each lease year and partial lease year shall be paid in monthly installments on the first day of each month, in advance, in an amount established by Lessor. Within one hundred eighty (180) days after the end of each lease year or partial lease year, Lessor shall furnish Lessee with a statement of the actual amount of Lessee's proportionate share of such costs and expenses for such period. If the total amount paid by Lessee under this Section for any calendar year shall be less than the actual amount due from Lessee for such year as shown on such statement, Lessee shall pay to Lessor the difference between the amount paid by Lessee and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Lessee hereunder for any such calendar year shall exceed such actual amount due from Lessee for such calendar year, such excess shall be credited against the installment due from Lessee to Lessor under this Section 6.02Landlord.

Appears in 1 contract

Samples: Retail Lease

OPERATION AND MAINTENANCE OF COMMON AREAS. Section 6.01: Lessor agrees, at Lessor's sole cost and expense, to construct the building and hard surface, to properly drain, landscape, and light a parking area or parking areas, all substantially as shown on Exhibit "A". Lessor further agrees to cause to be operated, managed, and maintained during the term of this Lease, all parking areas, roads, sidewalks, landscaping, drainage, and common area lighting facilities in the Building. The manner in which such areas and facilities shall be maintained and operated, shall be reasonably clean, safe, and professional, and the expenditures therefore, shall be at the sole discretion of the Lessor, and the use of such areas and facilities but same shall be at competitive rates for comparable services provided by the Lessor, subject to such reasonable regulations as Lessor shall make from time to time. Section 6.02: Lessee agrees to pay to Lessor in the manner hereinafter provided, but not more often than once each month, Lessee's proportionate share of all costs and expenses of every kind and nature paid or incurred by Lessor in operating, equipping, policing and protecting, lighting, insuring, repairing, replacing, and maintaining the common areas of the Building. Such costs and expenses shall include, but not be limited to, illumination and maintenance of the Building signs, cleaning, lighting, line painting and landscaping, premiums liability and property insurance. Any utilities furnished or supplied to common areas of the Building which are not separately metered shall be considered a cost to maintain the common areas and shall be included as part of such cost. For the purpose hereof, any charges for utilities contained in the foregoing costs and expenses shall be at the same rates as the rates for comparable service from the applicable utility company serving the area in which the Building building is located. The proportionate share to be paid by Lessee shall be computed on the basis that the total number of square feet of floor area in the Leased Premises bears to the total number of square feet of the Building. Lessee's proportionate share of such costs and expenses for each lease year and partial lease year shall be paid in monthly installments on the first day of each month, in advance, in an amount established by Lessor. Within one hundred eighty (180) days after the end of each lease year or partial lease year, Lessor shall furnish Lessee with a statement of the actual amount of Lessee's proportionate share of such costs and expenses for such period. If the total amount paid by Lessee under this Section for any calendar year shall be less than the actual amount due from Lessee for such year as shown on such statement, Lessee shall pay to Lessor the difference between the amount paid by Lessee and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Lessee hereunder for any such calendar year shall exceed such actual amount due from Lessee for such calendar year, such excess shall be credited against the installment due from Lessee to Lessor under this Section 6.02.

Appears in 1 contract

Samples: Lease Agreement (Genomic Solutions Inc)