Common use of Outdoor Terrace Clause in Contracts

Outdoor Terrace. Subject to the terms of this Section 1.6, Tenant shall have the exclusive right to use the Outdoor Terraces, as more particularly shown on Exhibit I attached hereto (“Outdoor Terraces”), free of charge throughout the Lease Term (except as otherwise set forth in this Section 1.7), as the same may be extended. Landlord shall have the right to enter the Premises at all reasonable times and upon prior notice to Tenant (except in the case of an emergency) to (x) access the Outdoor Terraces; and (y) perform any obligations required by Landlord under this Section 1.7 and this Lease. Landlord shall clean and repair the Outdoor Terraces and the “Outdoor Terrace Furniture,” as that term is defined below, the cost of which shall be paid by Tenant to Landlord as Additional Rent except for amounts described in Section 4.2.4(a) – (hh). Landlord shall maintain the structural elements of the Outdoor Terraces, at its sole cost and expense, in the same manner as Landlord is required to maintain the structural elements of the Common Areas under the terms of this Lease. Except as set forth in this Section 1.7 above, Landlord shall not be obligated to provide any services to the Outdoor Terraces other than janitorial. Tenant may elect, at its sole cost and expense, to install furniture (e.g., umbrellas, chairs, tables, trash urns, movable barbeque grill (e.g., Xxxxx or Viking barbeque grill), gas fire pit, bocce ball court and other decorative items), shrubbery and bushes for the Outdoor Terraces (collectively, “Outdoor Terrace Furniture”) of a type, quality and quantity reasonably approved in advance by Landlord and, with respect to any movable barbeque grill, gas fire fit, or bocce ball court, in locations reasonably approved in advance by Landlord and Bank of America, National Association (the “Bank”). Tenant shall have no right to alter, change or make improvements to the Outdoor Terraces (including, without limitation, adding additional roof deck space) without the prior written consent of Landlord, which consent may be withheld in Landlord’s reasonable discretion, provided that it shall be deemed reasonable for Landlord to withheld consent in the event such alteration, change or improvement causes a “Design Problem” (as that term is defined below); and provided, further, any proposed changes and/or improvements shall be deemed “Alterations” (as that term is defined below) and all the terms of Article 8 of this Lease shall apply. A “Design Problem” is defined and will be deemed to exist if any such Alterations (i) adversely affect any Building Systems, (ii) adversely affect the exterior appearance of the Building, (iii) affect the certificate of occupancy issued for the Building or the Premises, (iv) interfere with any other tenant’s normal and customary office operation, or (v) violates any Applicable Laws. Tenant shall, at Tenant’s sole cost and expense, be obligated to secure any such additional Outdoor Terrace Furniture to the Outdoor Terraces using methods that do not require penetration into the structure, floors, walls or banisters of the Outdoor Terraces. The precise method by which any such items are secured to the Outdoor Terraces shall be subject to Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding Landlord’s review and approval of the method by which the additional Outdoor Terrace Furniture is secured to the Outdoor Terraces, Tenant shall remain solely liable for any liability arising from Tenant’s placement of such items on the Outdoor Terraces, and Landlord shall have no liability in connection therewith, except to the extent attributable to the negligence or willful misconduct of or violation of this Lease by Landlord or its employees. Tenant shall remove any such additional Outdoor Terrace Furniture upon the expiration or earlier termination of the Lease, or upon the termination of Tenant’s rights under this Section 1.7, and shall return the affected portion of the Outdoor Terraces to the condition the Outdoor Terraces would have been in had no such additional Outdoor Terrace Furniture been installed, including, without limitation, replacement of any damaged pavers used to anchor any Outdoor Terrace Furniture (reasonable wear and tear accepted). Except as expressly set forth herein, all of the provisions of this Lease pertaining to the Premises and Tenant’s use thereof, including, without limitation, Article 10, shall be applicable to the Outdoor Terraces and Tenant’s use thereof. Subject to its review of more detailed plans therefor, Landlord approves of Tenant’s installation of additional roof decking in the Western and Southern perimeter area surrounding the mechanical equipment as shown on Exhibit I and indicated by the dotted line with respect to the Southern boundary; provided, however, such expansion of the Southern boundary is subject to Landlord’s receipt of Bank’s approval. Notwithstanding anything set forth in this Lease to the contrary, Landlord agrees that such expanded Outdoor Terrace area may be surrendered upon the expiration or earlier termination of this Lease.

Outdoor Terrace. Subject to the terms of this Section 1.6, Tenant shall have the exclusive right to use the Outdoor Terraces, as more particularly shown on Exhibit I attached hereto (“Outdoor Terraces”), free of charge throughout the Lease Term (except as otherwise set forth in this Section 1.7), as the same may be extended. Landlord shall have the right to enter the Premises at all reasonable times and upon prior notice to Tenant (except in the case of an emergencyA) to (x) access the Outdoor Terraces; and (y) perform any obligations required by Landlord under this Section 1.7 and this Lease. Landlord shall clean and repair the Outdoor Terraces and the “Outdoor Terrace Furniture,” as that term is defined below, the cost of which shall be paid by Tenant to Landlord as Additional Rent except for amounts described in Section 4.2.4(a) – (hh). Landlord shall maintain the structural elements As part of the Outdoor TerracesLandlord’s Work, Landlord, at its sole cost and expense, shall construct an outdoor terrace adjacent to the Building (the “Outdoor Terrace Area”) substantially in the same manner as Landlord is required to maintain the structural elements of the Common Areas under the terms of this Lease. Except as set forth in this Section 1.7 above, Landlord shall not be obligated to provide any services location and pursuant to the Outdoor Terraces other than janitorial. Tenant may electdesign plan shown on Exhibit M attached hereto and containing an area mutually agreed to by Landlord and Tenant, at its sole cost and expenseprovided, to install furniture (e.g.however, umbrellas, chairs, tables, trash urns, movable barbeque grill (e.g., Xxxxx or Viking barbeque grill), gas fire pit, bocce ball court and other decorative items), shrubbery and bushes for the Outdoor Terraces Terrace Area will contain a minimum of 3,750 square feet. Subject to compliance with all applicable laws, ordinances, rules, regulations, statutes, by-laws, court decisions, and orders and requirements of all public authorities (collectively, “Legal Requirements”) and the terms and conditions of this Section 2.3, Tenant will have the exclusive right, at no additional rental charge, to access and use the Outdoor Terrace Furniture”) Area for outdoor seating and other social events ancillary to Tenant’s use of a typethe Premises, quality including the service of food and quantity reasonably approved in advance by Landlord and, with respect to any movable barbeque grill, gas fire fit, or bocce ball court, in locations reasonably approved in advance by Landlord and Bank of America, National Association (the “Bank”)beverages during such events. Tenant shall have no the right to alter, change or make improvements to the Outdoor Terraces (including, without limitation, adding additional roof deck space) without the prior written consent of Landlord, which consent may be withheld in Landlord’s reasonable discretion, provided that it shall be deemed reasonable for Landlord to withheld consent in the event such alteration, change or improvement causes a “Design Problem” (as that term is defined below); and provided, further, any proposed changes and/or improvements shall be deemed “Alterations” (as that term is defined below) and all the terms of Article 8 of this Lease shall apply. A “Design Problem” is defined and will be deemed to exist if any such Alterations (i) adversely affect any Building Systems, (ii) adversely affect the exterior appearance of the Building, (iii) affect the certificate of occupancy issued for the Building or the Premises, (iv) interfere with any other tenant’s normal and customary office operation, or (v) violates any Applicable Laws. Tenant shallinstall, at Tenant’s sole cost and expense, be obligated to secure any such additional tables, chairs, umbrellas and other furniture in the Outdoor Terrace Furniture to Area (the Outdoor Terraces using methods that do not require penetration into the structure, floors, walls or banisters of the Outdoor Terraces. The precise method by which any such items are secured to the Outdoor Terraces shall be “Terrace FF&E”) subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding , provided, however, Landlord’s review determination of matters relating to aesthetic issues relating to the Terrace FF&E and approval the Outdoor Terrace Area shall be in Landlord’s sole discretion and Landlord may require that moveable Terrace FF&E be secured in a manner reasonably acceptable to Landlord. Landlord shall not be responsible to police or monitor the Outdoor Terrace Area or to remove any unauthorized persons using the Outdoor Terrace Area without Tenant’s approval. (B) Tenant’s use of the method by which the additional Outdoor Terrace Furniture is secured Area and Tenant’s Terrace FF&E shall be upon and subject to all of the terms and conditions of this Lease, including, without limitation, Tenant’s indemnification and insurance obligations under this Lease, except as modified below: (i) Tenant’s exclusive use of the Outdoor Terraces, Tenant Terrace Area shall remain solely liable be for any liability arising from Tenant’s placement own use or the use of such items on its permitted subtenants and invitees (but not for use by the Outdoor Terraces, general public or other parties) and Landlord shall have no liability only for the purposes set forth in connection therewith, except to the extent attributable to the negligence or willful misconduct of or violation of this Lease by Landlord or its employees. Tenant shall remove any such additional Outdoor Terrace Furniture upon the expiration or earlier termination of the Lease, or upon the termination of Section 2.3 and Tenant’s rights under this Section 1.72.3 shall not be assignable or otherwise transferable (including by sublease, and license or other means) by Tenant separately from the Lease. In no event shall return the affected portion Tenant permit use of the Outdoor Terraces to Terrace Area by the condition the Outdoor Terraces would have been in had no such additional Outdoor Terrace Furniture been installed, including, without limitation, replacement general public (exclusive of any damaged pavers used to anchor any Outdoor Terrace Furniture Tenant’s invitees). (reasonable wear and tear accepted). Except as expressly set forth herein, all of the provisions of this Lease pertaining to the Premises and ii) Tenant’s use thereof, including, without limitation, Article 10, of the Outdoor Terrace Area and the Terrace FF&E shall be applicable subject to the Outdoor Terraces rules and Tenant’s use thereof. Subject regulations reasonably issued from time to its review time by Landlord and of more detailed plans therefor, Landlord approves of Tenant’s installation of additional roof decking in the Western which Tenant has been given prior notice and Southern perimeter area surrounding the mechanical equipment Tenant shall comply with all Terrace Approvals (as shown on Exhibit I and indicated by the dotted line hereinafter defined) issued with respect to the Southern boundary; Outdoor Terrace Area. (iii) Tenant shall be responsible to repair and maintain the Outdoor Terrace Area and the Terrace FF&E in a safe, clean and first class condition consistent with first class office building standards for comparable buildings in the Market Area, provided, however, such expansion that upon Tenant’s request, Landlord will perform any repairs, maintenance and/or janitorial services requested by Tenant to the Outdoor Terrace Area, at Tenant’s sole cost and expense and as Additional Rent but with the costs separately allocated as a “Special Service” payable by Tenant and not subject to the Expense Cap set forth in Section 7.5(C) below (but without xxxx-up by Landlord). Notwithstanding the foregoing, Landlord shall not be required to perform any snow or ice removal from the Outdoor Terrace Area. (iv) After the initial construction of the Southern boundary is Outdoor Terrace Area and subject to Landlord’s receipt of Bank’s approval. Notwithstanding anything warranty set forth in this Lease Section 1.4 of Exhibit B. Landlord shall not have any obligations (including any compliance with Legal Requirements obligation) with respect to the contraryTerrace FF&E or the Outdoor Terrace Area and Landlord shall not be required to provide any services or utilities to the Outdoor Terrace Area except that, as part of Landlord’s Work, Landlord agrees that such expanded will provide convenience electrical outlets (not to exceed two (2) outlets) and domestic cold water stubbed to a reasonable location for service to the Outdoor Terrace Area. (v) Tenant shall use and maintain the Outdoor Terrace Area so as not to cause any damage to the Building, the Property or the Complex or any interference with the use, operation or maintenance of the Complex or any mechanical, electrical or other building systems of the Building. (C) Landlord shall be responsible to obtain, at Landlord’s sole cost and expense, all permits, licenses or other approvals (the “Terrace Approvals”) required under applicable Legal Requirements for the initial construction and occupancy of the Outdoor Terrace (other than Terrace FF&E) and exclusive of any permits, licenses or approvals required under applicable Legal Requirements for any particular function or gathering held by Tenant at the Outdoor Terrace (e.g. a liquor license for a social function). All of the Terrace Approvals must be in form and substance reasonably acceptable to Landlord, provided, however, the foregoing shall not require Landlord to consent to or approve any change in the zoning for the Complex, the imposition of any conditions or limitations on the Complex, any Terrace Approvals which would impose additional obligations on Landlord to perform alterations to the Building or Complex to comply with applicable Legal Requirements, including the ADA, or any Terrace Approvals which would adversely affect the floor area ratio for the Building or the Complex. (D) In the event that any governmental agency having jurisdiction over the Building and/or the Complex, as the case may be surrendered upon be, shall impose any sidewalk or common space taxes or other taxes or fees on Landlord in connection with the expiration use or earlier termination operation of this Lease.the Outdoor Terrace Area or the Terrace FF&E, Tenant shall pay to Landlord the amount of any such tax or fee imposed in connection with Tenant’s use or operation of the Outdoor Terrace Area or the Terrace FF&E.

Outdoor Terrace. Subject to the terms of this Section 1.6, Tenant shall have the exclusive right to use the Outdoor Terraces, as more particularly shown on Exhibit I attached hereto (“Outdoor Terraces”), free of charge throughout the Lease Term (except as otherwise set forth in this Section 1.7), as the same may be extended. Landlord shall have the right to enter the Premises at all reasonable times and upon prior notice to Tenant (except in the case of an emergency) to (x) access the Outdoor Terraces; and (y) perform any obligations required by Landlord under this Section 1.7 and this Lease. Landlord shall clean and repair the Outdoor Terraces and the “Outdoor Terrace Furniture,” as that term is defined below, the cost of which shall be paid by Tenant to Landlord as Additional Rent except for amounts described in Section 4.2.4(a) – (hh). Landlord shall maintain the structural elements of the Outdoor Terraces, at its sole cost and expense, in the same manner as Landlord is required to maintain the structural elements of the Common Areas under the terms of this Lease. Except as set forth in this Section 1.7 above, Landlord shall not be obligated to provide any services to the Outdoor Terraces other than janitorial. Tenant may elect, at its sole cost and expense, to install furniture (e.g., umbrellas, chairs, tables, trash urns, movable barbeque grill (e.g., Xxxxx or Viking barbeque grill), gas fire pit, bocce ball court and other decorative items), shrubbery and bushes for the Outdoor Terraces (collectively, “Outdoor Terrace Furniture”) of a type, quality and quantity reasonably approved in advance by Landlord and, with respect to any movable barbeque grill, gas fire fit, or bocce ball court, in locations reasonably approved in advance by Landlord and Bank of America, National Association (the “Bank”). Tenant shall have no right to alter, change or make improvements to the Outdoor Terraces (including, without limitation, adding additional roof deck space) without the prior written consent of Landlord, which consent may be withheld in Landlord’s reasonable discretion, provided that it shall be deemed reasonable for Landlord to withheld consent in the event such alteration, change or improvement causes a “Design Problem” (as that term is defined below); and provided, further, any proposed changes and/or improvements shall be deemed “Alterations” (as that term is defined below) and all the terms of Article 8 of this Lease shall apply. A “Design Problem” is defined and will be deemed to exist if any such Alterations (i) adversely affect any Building Systems, (ii) adversely affect the exterior appearance of the Building, (iii) affect the certificate of occupancy issued for the Building or the Premises, (iv) interfere with any other tenant’s normal and customary office operation, or (v) violates any Applicable Laws. Tenant shall, at Tenant’s sole cost and expense, be obligated to secure any such additional Outdoor Terrace Furniture to the Outdoor Terraces using methods that do not require penetration into the structure, floors, walls or banisters of the Outdoor Terraces. The precise method by which any such items are secured to the Outdoor Terraces shall be subject to Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding Landlord’s review and approval of the method by which the additional Outdoor Terrace Furniture is secured to the Outdoor Terraces, Tenant shall remain solely liable for any liability arising from Tenant’s placement of such items on the Outdoor Terraces, and Landlord shall have no liability in connection therewith, except to the extent attributable to the negligence or willful misconduct of or violation of this Lease by Landlord or its employees. Tenant shall remove any such additional Outdoor Terrace Furniture upon the expiration or earlier termination of the Lease, or upon the termination of Tenant’s rights under this Section 1.7, and shall return the affected portion of the Outdoor Terraces to the condition the Outdoor Terraces would have been in had no such additional Outdoor Terrace Furniture been installed, including, without limitation, replacement of any damaged pavers used to anchor any Outdoor Terrace Furniture (reasonable wear and tear accepted). Except as expressly set forth herein, all of the provisions of this Lease pertaining to the Premises and Tenant’s use thereof, including, without limitation, Article 10, shall be applicable to the Outdoor Terraces and Tenant’s use thereof. Subject to its review of more detailed plans therefor, Landlord approves of Tenant’s installation of additional roof decking in the Western and Southern perimeter area surrounding the mechanical equipment as shown on Exhibit I and indicated by the dotted line with respect to the Southern boundary; provided, however, such expansion of the Southern boundary is subject to Landlord’s receipt of Bank’s approval. Notwithstanding anything set forth in this Lease to the contrary, Landlord Xxxxxxxx agrees that such expanded Outdoor Terrace area may be surrendered upon the expiration or earlier termination of this Lease.