Common use of Outdoor Patio Clause in Contracts

Outdoor Patio. Subject to the Rules and Regulations and the provisions of this Lease, Xxxxxxxx agrees that Tenant shall have, as appurtenant to the Premises, the exclusive right to use the area adjacent to the Premises designated by Landlord, as more particularly shown on the plan attached hereto as “Outdoor Patio Location” on Exhibit 1E attached hereto (the “Outside Seating Area”) throughout the Term hereof. Notwithstanding anything to the contrary contained herein, Landlord shall have the right, upon as much notice as is practicable under the circumstances and in any event no less than forty-eight (48) hours (except that no notice shall be required in the event of an emergency) to close all or any portion of the Patio Area in connection with the performance of repairs, maintenance, and/or construction (if such closure cannot be reasonably avoided in connection with such repairs, maintenance and/or construction). Tenant shall install, at its sole cost and expense, all desired furniture, equipment and lighting (collectively, “Furniture”) in the Outside Seating Area. Tenant acknowledges and agrees that (A) the Furniture shall meet the standards of quality and appearance consistent with the first-class nature of the Building; and (B) Tenant shall be solely responsible for any destruction, damage, theft or vandalism of, or to, the Furniture. Tenant hereby covenants and agrees that it shall not: (A) restrict access to the Building or pedestrian flow through the Common Areas outside the Outside Seating Area; (B) erect or place any canopy or other enclosure or covering on the Outside Seating Area; (C) permit any music or other similar sounds to be heard in the Outside Seating Area without Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed; or (D) permit loitering in the Outside Seating Area by persons who are not invitees of Tenant. Tenant shall clean and maintain in good order, condition and repair the Outside Seating Area and Furniture and shall remove all Trash (hereinafter defined) generated from the Outside Seating Area on a daily basis or more frequently as needed. Immediately upon Xxxxxxxx’s demand therefor, Xxxxxx shall reimburse Landlord for the cost of repairs or restoration of the Common Areas arising out of Tenant’s use of the Outside Seating Area. To the extent applicable, all provisions of this Lease shall apply to Tenant’s use and occupancy of the Outside Seating Area.

Outdoor Patio. Subject 2.1. During the Term and subject to the Rules and Regulations and the provisions terms of this LeaseSection 2, Xxxxxxxx agrees that Tenant shall have, as appurtenant to have the Premises, the exclusive right to use the area adjacent areas shown on Exhibit H attached hereto for outdoor seating (each an “Outdoor Patio” and collectively, the “Outdoor Patios”). Tenant, at its cost, shall obtain any governmental approvals that may be necessary for Tenant to lawfully use the Outdoor Patios, and in all other respects Tenant’s use of the Outdoor Patios shall comply with all applicable Laws. The Outdoor Patios shall be deemed part of the Premises for purposes of Tenant’s insurance, waiver, release and indemnification obligations under the Lease. Upon the earlier to occur of (i) the Accelerated Expiration Date and (ii) the Extension Date, Tenant’s rights to use the Outdoor Patios pursuant to this Section 2 of Exhibit F to the Premises designated by Landlord, as more particularly shown on the plan attached hereto as “Outdoor Patio Location” on Exhibit 1E attached hereto (the “Outside Seating Area”) throughout the Term hereof. Notwithstanding anything to the contrary contained herein, Landlord shall have the right, upon as much notice as is practicable under the circumstances and in any event no less than forty-eight (48) hours (except that no notice Lease shall be required in the event of an emergency) deemed to close all or any portion of the Patio Area in connection with the performance of repairs, maintenance, and/or construction (if such closure cannot be reasonably avoided in connection with such repairs, maintenance and/or construction)have expired. 2.2. Tenant shall install, at its sole cost and expense, all desired furniture, equipment and lighting (collectively, “Furniture”) not construct any improvements in the Outside Seating Area. Tenant acknowledges and agrees that (A) the Furniture shall meet the standards of quality and appearance consistent with the first-class nature of the Building; and (B) Tenant shall be solely responsible for any destruction, damage, theft or vandalism of, or to, the Furniture. Tenant hereby covenants and agrees that it shall not: (A) restrict access to the Building or pedestrian flow through the Common Areas outside the Outside Seating Area; (B) erect or place any canopy or other enclosure or covering on the Outside Seating AreaOutdoor Patios; (C) permit any music or other similar sounds provided, however, that, subject to be heard in the Outside Seating Area without applicable Law and Landlord’s prior written approval, consent (which consent shall not be unreasonably withheld, conditioned or delayed; or (D) permit loitering in ), Tenant, at its cost, may fabricate and install signage at the Outside Seating Area by persons who entrance to the Outdoor Patios which indicates that such Outdoor Patios are not invitees for the exclusive use of the Tenant. Tenant shall clean remove any such signage upon the expiration or earlier termination of the Term and maintain restore such areas of the Building to the condition which existed prior to such signage installation. Notwithstanding any provision in the Lease to the contrary, Landlord shall have no obligation to restrict others from entering into or using the Outdoor Patios; provided, however, that Landlord shall not enter into a license or lease with another person or entity for such Outdoor Patios. Tenant, at its expense, may furnish each of the Outdoor Patios with up to 4 tables, 4 chairs, and a reasonable number of trash receptacles (collectively, the “Outdoor Furniture”); provided, however, that the color, design, material, finish, size, location and method of installation of the Outdoor Furniture shall be subject to Landlord’s prior approval in its reasonable discretion. No item of Outdoor Furniture shall display any logo or graphics, and no material component of any item of Outdoor Furniture shall be made of plastic. Except as otherwise explicitly permitted in this Section 2, Tenant shall not place any furniture or other personalty in or on the Outdoor Patios. 2.3. Tenant, at its cost, shall (i) keep the Outdoor Patios and the Outdoor Furniture free of trash and litter and otherwise in a sanitary, clean, neat and orderly condition; (ii) keep the Outdoor Furniture and any Tenant installed signage in good order, condition working order and repair condition; and (iii) maintain the Outside Seating Area and appearance of the Outdoor Furniture and any Tenant installed signage. Without limiting the foregoing, upon Landlord’s request from time to time, Tenant, at its expense, shall remove all Trash refurbish or replace any item of Outdoor Furniture or Tenant installed signage that Landlord determines in good faith requires such refurbishment or replacement. 2.4. If Tenant fails to perform any of its obligations under this Section 2, beyond any applicable notice and cure period, then Landlord, at its option, may (hereinafter definedi) generated from perform such obligation at Tenant’s cost, or (ii) by notice to Tenant, terminate Tenant’s rights to use the Outside Seating Area on a daily basis Outdoor Patios. No reduction or more frequently as needed. Immediately upon Xxxxxxxx’s demand therefor, Xxxxxx shall reimburse Landlord for the cost of repairs or restoration of the Common Areas arising out termination of Tenant’s use of rights with respect to the Outside Seating Area. To the extent applicable, all provisions of this Lease Outdoor Patios shall apply to diminish or otherwise affect Tenant’s use and occupancy of obligations under the Outside Seating AreaLease.

Outdoor Patio. Subject to the Rules (a) Tenant and Regulations Landlord acknowledge and the provisions of this Lease, Xxxxxxxx agrees agree that Tenant shall have, as appurtenant to the Premises, the exclusive right to use the area adjacent to the Premises designated by Landlord, as more particularly shown on the plan attached hereto as “Outdoor Patio Location” on Exhibit 1E attached hereto (the “Outside Seating Area”) throughout the Term hereof. Notwithstanding anything to the contrary contained herein, Landlord shall have the right, upon as much notice as is practicable under the circumstances and in any event no less than forty-eight (48) hours (except that no notice shall be required in the event of an emergency) to close all or any portion of the Patio Area in connection with the performance of repairs, maintenance, and/or construction (if such closure cannot be reasonably avoided in connection with such repairs, maintenance and/or construction). Tenant shall installTenant, at its sole cost and expense, all desired furniture, equipment shall construct and lighting (collectively, “Furniture”) in install the Outside Seating Area. Tenant acknowledges Outdoor Patio at the location and agrees that (A) the Furniture shall meet the standards of quality and appearance consistent with the first-class nature of the Building; and (B) Tenant shall be solely responsible for any destruction, damage, theft or vandalism of, or to, the Furniture. Tenant hereby covenants and agrees that it shall not: (A) restrict access pursuant to the Building or pedestrian flow through specifications more particularly identified on Exhibit A, attached hereto (the Common Areas outside “Outdoor Patio Plans”); provided, however, any changes to the Outside Seating Area; (B) erect or place any canopy or other enclosure or covering on the Outside Seating Area; (C) permit any music or other similar sounds to be heard in the Outside Seating Area without Outdoor Patio Plans require Landlord’s written consent prior written approvalthe implementation of any such changes, which shall not be unreasonably withheld, conditioned conditioned, or delayed; or . (Db) permit loitering Tenant shall comply with all federal, state and local laws, codes, ordinances, regulations and approvals, including without limitation building zoning, electric, telecommunications, and safety codes, ordinances, standards, regulations, and with all entitlements, and recorded covenants and restrictions for the Site (all of the foregoing collectively referred to herein as the “Applicable Requirements”), in connection with the Outside Seating Area by persons who are not invitees of TenantOutdoor Patio. Further, Tenant shall obtain all necessary building permits and approvals for the Outdoor Patio, if any. Tenant shall clean provide copies of all permits and approvals to Landlord promptly after obtaining such permits and approvals. (c) Prior to commencement of any work related to the Outdoor Patio, Tenant shall obtain and thereafter maintain at all times until the Outdoor Patio has been completed, commercial general liability 5th Amendment insurance that complies with the requirements of Section 8 of the Lease. A Certificate of Insurance evidencing such coverage shall be delivered to Landlord prior to commencement of the work. Tenant shall cause its contractors and subcontractors performing any work to comply with insurance requirements as specified by Landlord. (d) Tenant shall indemnify, defend and hold harmless Landlord and each of its successors, assigns, affiliates, employees, officers, directors, agents, contractors and other representatives (each, an “Indemnified Party” and collectively, the “Indemnified Parties”) from and against any loss, cost, expense, damage, claim, allegation or other detriment suffered by or brought against an Indemnified Party in good orderconnection with acts or omissions relating to the Outdoor Patio, condition except to the extent such act or omission is caused by the gross negligence or willful misconduct of an Indemnified Party, regardless of whether the relevant or alleged act(s) or omission(s) occurred before, during or after completion of the Outdoor Patio. (e) Landlord and repair Xxxxxx acknowledge and agree that Landlord and Tenant acknowledge and agree from and after the Outside Seating Area completion of the construction of the Outdoor Patio (of which Tenant shall promptly notify Landlord in writing) that the Outdoor Patio shall be deemed part of the Premises. Without limiting the generality of the other terms and Furniture and shall remove all Trash (hereinafter defined) generated from the Outside Seating Area on a daily basis or more frequently as needed. Immediately upon Xxxxxxxx’s demand thereforconditions of this Lease, Xxxxxx shall reimburse Landlord agrees and confirms that Xxxxxx is solely responsible for the cost maintenance, operations, repairs, replacements, removal, utility costs, and all costs related to the Outdoor Patio. Landlord assumes no responsibility for any damage that may occur relating to the Outdoor Patio. For the avoidance of repairs or restoration of doubt, Base Rent shall not be assessed on the Common Areas arising out of Tenant’s use of square footage contained in the Outside Seating Area. To the extent applicable, all provisions of this Lease shall apply to Tenant’s use and occupancy of the Outside Seating AreaOutdoor Patio.

Outdoor Patio. Subject 3.1. During the Term and subject to the Rules and Regulations and the provisions terms of this LeaseSection 3, Xxxxxxxx agrees that Tenant shall have, as appurtenant to have the Premises, the exclusive right to use the area adjacent areas shown on Exhibit H attached hereto for outdoor seating (each an “Outdoor Patio” and collectively, the “Outdoor Patios”). Tenant, at its cost, shall obtain any governmental approvals that may be necessary for Tenant to lawfully use the Outdoor Patios, and in all other respects Tenant’s use of the Outdoor Patios shall comply with all applicable Laws. The Outdoor Patios shall be deemed part of the Premises designated by Landlordfor purposes of Tenant’s insurance, as more particularly shown on the plan attached hereto as “Outdoor Patio Location” on Exhibit 1E attached hereto (the “Outside Seating Area”) throughout the Term hereof. Notwithstanding anything to the contrary contained hereinwaiver, Landlord shall have the right, upon as much notice as is practicable release and indemnification obligations under the circumstances and in any event no less than forty-eight (48) hours (except that no notice shall be required in the event of an emergency) to close all or any portion of the Patio Area in connection with the performance of repairs, maintenance, and/or construction (if such closure cannot be reasonably avoided in connection with such repairs, maintenance and/or construction)Lease. 3.2. Tenant shall install, at its sole cost and expense, all desired furniture, equipment and lighting (collectively, “Furniture”) not construct any improvements in the Outside Seating Area. Tenant acknowledges and agrees that (A) the Furniture shall meet the standards of quality and appearance consistent with the first-class nature of the Building; and (B) Tenant shall be solely responsible for any destruction, damage, theft or vandalism of, or to, the Furniture. Tenant hereby covenants and agrees that it shall not: (A) restrict access to the Building or pedestrian flow through the Common Areas outside the Outside Seating Area; (B) erect or place any canopy or other enclosure or covering on the Outside Seating AreaOutdoor Patios; (C) permit any music or other similar sounds provided, however, that, subject to be heard in the Outside Seating Area without applicable Law and Landlord’s prior written approval, consent (which consent shall not be unreasonably withheld, conditioned or delayed; or (D) permit loitering in ), Tenant, at its cost, may fabricate and install signage at the Outside Seating Area by persons who entrance to the Outdoor Patios which indicates that such Outdoor Patios are not invitees for the exclusive use of the Tenant. Tenant shall clean remove any such signage upon the expiration or earlier termination of the Term and maintain restore such areas of the Building to the condition which existed prior to such signage installation. Notwithstanding any provision in the Lease to the contrary, Landlord shall have no obligation to restrict others from entering into or using the Outdoor Patios; provided, however, that Landlord shall not enter into a license or lease with another person or entity for such Outdoor Patios. Tenant, at its expense, may furnish each of the Outdoor Patios with up to 4 tables, 4 chairs, and a reasonable number of trash receptacles (collectively, the “Outdoor Furniture”); provided, however, that the color, design, material, finish, size, location and method of installation of the Outdoor Furniture shall be subject to Landlord’s prior approval in its reasonable discretion. No item of Outdoor Furniture shall display any logo or graphics, and no material component of any item of Outdoor Furniture shall be made of plastic. Except as otherwise explicitly permitted in this Section 3, Tenant shall not place any furniture or other personalty in or on the Outdoor Patios. 3.3. Tenant, at its cost, shall (i) keep the Outdoor Patios and the Outdoor Furniture free of trash and litter and otherwise in a sanitary, clean, neat and orderly condition; (ii) keep the Outdoor Furniture and any Tenant installed signage in good order, condition working order and repair condition; and (iii) maintain the Outside Seating Area and appearance of the Outdoor Furniture and any Tenant installed signage. Without limiting the foregoing, upon Landlord’s request from time to time, Tenant, at its expense, shall remove all Trash refurbish or replace any item of Outdoor Furniture or Tenant installed signage that Landlord determines in good faith requires such refurbishment or replacement. 3.4. If Tenant fails to perform any of its obligations under this Section 3, beyond any applicable notice and cure period, then Landlord, at its option, may (hereinafter definedi) generated from perform such obligation at Tenant’s cost, or (ii) by notice to Tenant, terminate Tenant’s rights to use the Outside Seating Area on a daily basis Outdoor Patios. No reduction or more frequently as needed. Immediately upon Xxxxxxxx’s demand therefor, Xxxxxx shall reimburse Landlord for the cost of repairs or restoration of the Common Areas arising out termination of Tenant’s use of rights with respect to the Outside Seating Area. To the extent applicable, all provisions of this Lease Outdoor Patios shall apply to diminish or otherwise affect Tenant’s use and occupancy of obligations under the Outside Seating AreaLease.