Common use of Operation of Project by Landlord Clause in Contracts

Operation of Project by Landlord. (a) The Project is at all times subject to the exclusive control and management of Landlord. The provisions of this Section 17.1 and any other provisions of this Lease shall not be interpreted so as to impose any liability or obligation whatsoever on Landlord and Landlord shall have only such obligations as are expressly set forth in this Lease. Without limiting the generality of the foregoing, Landlord shall have the right to: (i) police and supervise any or all portions of the Project; (ii) obstruct, lock up or close off all or any part of the Project for purposes of performing any maintenance, repairs or replacements or for security purposes or to prevent the accrual of any rights to any Person or the public or any dedication thereof; (iii) grant, modify and terminate any easements or other agreements respecting any use or occupancy, maintenance of or supply of any services to any part of the Project; and (iv) use or permit to be used any part of the Common Facilities for any purpose which shall be in accordance with prudent management practice from time to time. In order to perform any maintenance, repairs, alterations or improvements in or relating to any part of the Project, provided Tenant shall have reasonable access to the Premises, Landlord may cause reasonable and temporary obstructions of Common Facilities without thereby constituting or being deemed to constitute an interference with any of Tenant’s rights hereunder or a breach by Landlord of any of its obligations hereunder. (b) Landlord shall operate the Project in a reasonable manner in keeping with the Building Standard, the costs of which shall be included in Operating Costs. (c) Subject to the provisions of Section 16.7 above and Landlord’s rules and regulations and security requirements in effect from time to time, and further, subject to maintenance requirements and requirement to repair and/or replace Building systems and infrastructure, and subject to the other provisions hereof, including Section 17.2 below, Tenant shall be entitled to have access to the Premises twenty-four (24) hours per day on every day during the Term. (d) Landlord, in its sole discretion, may from time to time expand, reduce or otherwise alter the Project and the lands, buildings, structures, improvements, equipment and facilities thereon. For the purposes of this Lease, the Project shall exclude all portions, as determined by Landlord from time to time, if any, used for or established as a condominium and operated separately from the Project. Tenant agrees that it has no interest in any lands now or in the future excluded from the Project as aforesaid and Tenant agrees to execute and deliver forthwith upon the request of Landlord all documents reasonably requested by Landlord to confirm Tenant has no interest in any lands now or in the future excluded from the Project.

Operation of Project by Landlord. (a) The Project is at all times subject to the exclusive control and management of Landlord. The provisions of this Section 17.1 17.l and any other provisions of this Lease shall not be interpreted so as to impose any liability or obligation whatsoever on Landlord and Landlord shall have only such obligations as are expressly set forth in this Lease. Without limiting the generality of the foregoing, Landlord shall have the right to: (i) police and supervise any or all portions of the Project; (ii) obstruct, lock up or close off all or any part of the Project for purposes of performing any maintenance, repairs or replacements or for security purposes or to prevent the accrual of any rights to any Person or the public or any dedication thereof; (iii) grant, modify and terminate any easements or other agreements respecting any use use, occupancy or occupancy, maintenance of any part of the Project or the supply of any services to any part of the Project; and (iv) use or permit to be used any part of the roof of the Building or any other components of the Common Facilities for any purpose which shall purpose, including promotional activities, merchandising, display, solar panels or other energy-generating devices, entertainment or special features. Tenant agrees that all enclosed Common Facilities including any enclosed areas, malls or walkways in the Project may be in accordance with prudent management practice open for access to the Premises during such hours as determined by Landlord from time to time, and during any other hours as Landlord may determine; at any other times, any or all enclosed areas, malls and walkways may be locked by Landlord, and the public and Tenant may be excluded therefrom, except that tenants of office premises shall be entitled to access to their: respective leased premises subject to compliance with all applicable rules and regulations of Landlord, including those related to security. In order to perform any maintenance, repairs, alterations or improvements in or relating to any part of the Project, provided Tenant shall have has reasonable access to the Premises, Landlord may cause reasonable and temporary obstructions of Common Facilities without thereby constituting or being deemed to constitute an interference with any of Tenant’s 's rights hereunder or a breach by Landlord of any of its obligations hereunder, it being hereby understood and agreed that, to the extent possible under the circumstances, in exercising its rights pursuant to this subsection 17.l(a), Landlord shall use commercially reasonable efforts to minimize interference with Tenant's business on the Premises. (b) Landlord shall operate the Project in a reasonable manner in keeping with the Building Standard, the costs of which shall be included in Operating Costs. (c) Subject to the provisions of Section 16.7 above and Landlord’s 's rules and regulations and security requirements in effect from time to time, and further, subject to maintenance requirements and requirement to repair and/or replace Building systems and infrastructure, and subject to the other provisions hereof, including Section 17.2 below, Tenant shall will be entitled to have access to the Premises twenty-four (24) hours per day on every day, seven (7) days per week, each day during the Term. (d) At any time, and time to time, in connection with any multi-ownership, condominium or development agreement entered into by Landlord, in its sole discretionor as a result of the sale of a portion of the Lands, or the like, Landlord may from time to time expand, reduce or otherwise alter the Project and the lands, buildings, structures, improvements, equipment and facilities thereon. For , provided the purposes exclusion of any portion of Lands will not materially adversely affect Tenant's access to, or its ability to use, the Premises and the Common Facilities as expressly provided for in this Lease; from and after the effective date of any such occurrence in which any portion of the Lands is excluded therefrom, the Project shall exclude all portions, as determined by Landlord from time to time, if any, used for or established as a condominium and operated separately from the Project. Tenant agrees that it has no interest in any such excluded lands now or in the future excluded from the Project as aforesaid and Tenant agrees to execute and deliver forthwith upon the request of Landlord all documents reasonably requested by Landlord to confirm Tenant has no interest in any lands now or in the future such excluded from the Projectlands.

Operation of Project by Landlord. (a) The Project is at all times subject to the exclusive control and management of Landlord. The provisions of this Section 17.1 and any other provisions of this Lease shall not be interpreted so as to impose any liability or obligation whatsoever on Landlord and Landlord shall have only such obligations as are expressly set forth in this Lease. Without limiting the generality of the foregoing, Landlord shall have the right to: (i) police and supervise any or all portions of the Project; (ii) temporarily obstruct, lock up or close off all or any part of the Project for purposes of performing any maintenance, repairs or replacements or for security purposes or permanently obstruct, lock up or close off all or any part of the Project (provided same does not materially, adversely affect Tenant’s use of or access to the Premises) to prevent the accrual of any rights to any Person or the public or any dedication thereof; (iii) grant, modify and terminate any easements or other agreements respecting any use or occupancy, maintenance of or supply of any services to any part of the Project; and (iv) use or permit to be used any part of the Common Facilities for any purpose which shall be in accordance with prudent management practice and the Building Standard from time to time, including promotional activities, merchandising, display, entertainment or special features. Tenant agrees that all enclosed Common Facilities including any enclosed areas, malls or walkways in the Project may be open for access to the Premises during the Business Hours of the Project as determined by Landlord from time to time, and during any other hours as Landlord may determine; at any other times, any or all enclosed areas, malls and walkways may be locked by Landlord, and the public and Tenant may be excluded therefrom, except that tenants of office premises shall be entitled to access to their respective leased premises subject to compliance with all applicable rules and regulations of Landlord, including those related to security. In order to perform any maintenance, repairs, alterations or improvements in or relating to any part of the Project, provided Tenant shall have reasonable access to the Premises, Landlord may cause reasonable and temporary obstructions of Common Facilities without thereby constituting or being deemed to constitute an interference with any of Tenant’s rights hereunder or a breach by Landlord of any of its obligations hereunder. (b) Landlord shall operate the Project including the provision of utilities and HVAC during Business Hours for normal office use consumption, standard janitorial services and elevator service, all in a reasonable manner in keeping with the Building Standard, the costs of which shall be included in Operating Costs. (c) Subject to the provisions of Section 16.7 above and Landlord’s rules and regulations and security requirements in effect from time to time, and further, subject to maintenance requirements and requirement to repair and/or replace Building systems and infrastructure, and subject to the other provisions hereof, including Section 17.2 below, Tenant shall be entitled to have access to the Premises twenty-four (24) hours per day on every day during the Term. (d) Landlord, in its sole discretion, may from time to time expand, reduce or otherwise alter the Project and the lands, buildings, structures, improvements, equipment and facilities thereon. For the purposes of this Lease, the Project shall exclude all portions, as determined by Landlord from time to time, if any, used for or established as a condominium and operated separately from the Project. Tenant agrees that it has no interest in any lands now or in the future excluded from the Project as aforesaid and Tenant agrees to execute and deliver forthwith upon the request of Landlord all documents reasonably requested by Landlord to confirm Tenant has no interest in any lands now or in the future excluded from the Project.

Operation of Project by Landlord. (a) The Project is at all times subject to the exclusive control and management of Landlord. The provisions of this Section 17.1 and any other provisions of this Lease shall not be interpreted so as to impose any liability or obligation whatsoever on Landlord and Landlord shall have only such obligations as are expressly set forth in this Lease. Without limiting the generality of the foregoing, Landlord shall have the right to: (i) police and supervise any or all portions of the Project; (ii) temporarily obstruct, lock up or close off all or any part of the Project for purposes of performing any maintenance, repairs or replacements or for security purposes or permanently obstruct, lock up or close off all or any part of the Project (provided same does not materially, adversely affect Tenant's use of or access to the Premises or Tenant's business operations therein) to prevent the accrual of any rights to any Person or the public or any dedication thereof; (iii) grant, modify and terminate any easements or other agreements respecting any use or occupancy, maintenance of or supply of any services to any part of the Project; and (iv) use or permit to be used any part of the Common Facilities for any purpose which shall be in accordance with prudent management practice and the Building Standard from time to time. In order to perform any maintenance, repairs, alterations or improvements in or relating to any part of the Project, provided Tenant shall have reasonable access to the Premises, Landlord may cause reasonable and temporary obstructions of Common Facilities without thereby constituting or being deemed to constitute an interference with any of Tenant’s 's rights hereunder or a breach by Landlord of any of its obligations hereunder. (b) Landlord shall operate the Project in a reasonable manner in keeping with the Building StandardStandard and in accordance with all Laws, the costs of which shall shall, to the extent permitted by the definition thereof, be included in Operating Costs. (c) Subject to the provisions of Section 16.7 above and Landlord’s rules and regulations and security requirements in effect from time to time, and further, subject to maintenance requirements and requirement to repair and/or replace Building systems and infrastructure, and subject to the other provisions hereof, including Section 17.2 subsection 17.2(d) below, Tenant shall be entitled to have access to the Premises twenty-four (24) hours per day on every day during the Term. (d) Landlord, in its sole discretion, may from time to time expand, reduce or otherwise alter the Project and the lands, buildings, structures, improvements, equipment and facilities thereon. For . (d) In the purposes exercise of this Leaseits rights pursuant to subsection 17.1(a), 17.2(a) and 17.6(d) below, Landlord shall, except in the Project shall exclude all portionscase of an emergency, as determined by Landlord from time provide reasonable prior notice to timethe Tenant with reasonable particulars of the actions to be undertaken and shall, if anyat Landlord's sole cost and expense (except to the extent included in Operating Costs in accordance with the definition thereof), used for remedy any damage to the Premises or established contents occasioned as a condominium and operated separately from the Project. Tenant agrees that it has no interest consequence thereof; in any lands now or exercising such rights, Landlord shall proceed as expeditiously as is reasonably possible in the future excluded from the Project circumstances and shall interfere as aforesaid and Tenant agrees to execute and deliver forthwith upon the request of Landlord all documents little as is reasonably requested by Landlord to confirm Tenant has no interest in any lands now or possible in the future excluded from circumstances with Tenant's business operation in the ProjectPremises.