Common use of PARKING AND COMMON AREAS Clause in Contracts

PARKING AND COMMON AREAS. Tenant, its agents, employees, servants, contractors, subtenants, licensees, customers and business invitees shall have the nonexclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use such common areas of the Hotel (including, but not limited to, the parking lot, walkways, sidewalks, hallways, lobby and public restrooms) as may be designated from time to time by Landlord, subject to such rules and regulations as Landlord may from time to time impose, provided such designation and such rules and regulations do not materially interfere with Tenant's business. Subject to the foregoing: Tenant agrees that it, its agents, employees, servants, contractors, subtenants and licensees shall abide by such rules and regulations and that Landlord shall have the exclusive management and control of all common areas; Landlord may at any time close any common area or other portions of the Hotel to make repairs or changes, to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking (provided that no such closure (other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access to the Premises). Landlord may do such other acts in and to the common areas and the other portions of the Hotel as in its judgment may be desirable. Landlord agrees, however, to use all reasonable efforts to maintain adequate access to the Premises when the Premises is open for business so that Tenant's customers and staff can enter and leave the Restaurant. All parking areas which Tenant's employees may be permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area 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 revocation or diminution of such areas be deemed constructive or actual eviction; provided, however, that Landlord shall exercise its rights with respect to such revocable license for parking by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park only in those areas (which may include off-site parking areas) designated by Landlord from time to time for such purposes. Landlord agrees to maintain the common areas in the vicinity of the Premises in good condition and to keep the same clean and neat in appearance.

Appears in 2 contracts

Samples: Lease Agreement (Ark Restaurants Corp), Lease Agreement (Ark Restaurants Corp)

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PARKING AND COMMON AREAS. Tenant, its agents, employees, servants, contractors, subtenants, licensees, customers employees and business ------------------------ invitees shall have the nonexclusive right, in common with Landlord and all others to whom Landlord has granted or may hereafter grant rights, to use such common areas of in the Hotel Complex (including, including but not limited to, the parking lot, walkways, walkways and sidewalks, hallways, lobby and public restroomsexclusive of underground parking) as may be are designated from time to time by Landlord, subject to such reasonable rules and regulations as Landlord may from time to time impose, provided such including the designation of specific areas in which cars operated by Tenant, its employees and such rules and regulations do not materially interfere with Tenant's businessbusiness invitees must be parked. Subject to Notwithstanding the foregoing: , Landlord expressly reserves the right to reserve and/or designate parking spaces for the exclusive use of any tenant or tenants, or officers or employees thereof which Landlord may specify; and Landlord further reserves the right to charge such tenants (separate from and in addition to rent) Landlord's current rate for reserved parking. Tenant agrees that it, its agents, employees, servants, contractors, subtenants and licensees shall abide by such rules and regulations and that Landlord shall have the exclusive management and control of all common areas; right to lease covered parking spaces as they become available. Landlord may at any time close any common area or other portions of the Hotel to make repairs or changes, to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking (provided that no such closure (other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access to the Premises)non- customer parking. Landlord may do such other acts in and to the common areas and the other portions of the Hotel as in its judgment may be desirable, and Landlord shall have the right to diminish the common areas and to dedicate portions of the common areas for utility purposes. Tenant shall, upon request, furnish to Landlord the license number of cars operated by Tenant and its employees. Tenant hereby agrees to pay Landlord, upon written demand, the sum of Twenty-Five Dollars ($25.00) per car per day for each car of Tenant, or any of its employees, agents or contractors, which is parked in any area of the Complex other than the area designated by Landlord. Tenant shall not at any time interfere with the right of the Landlord, other tenants, its and their agents, employees, servants, contractors, subtenants, licensees, customers and business invitees to use any part of the parking lot or other common areas. Landlord agreesshall under no circumstances be liable for any reduction of the common areas, however, to use all reasonable efforts to maintain adequate access to the Premises when the Premises is open for business so that and no such reduction shall terminate or modify this Lease or Tenant's customers obligations hereunder. The use of the Leased Property and staff can enter all common areas whatsoever by Tenant, its employees, agents, customers, licensees, invitees and leave contractors, shall, at all times, be in compliance with all covenants, conditions and restrictions, easements, reciprocal easement agreements, and all matters presently of public record or which may hereafter be placed of public record, which affect the RestaurantLeased Property or the Complex, or any part thereof. All Landlord shall maintain the parking areas which Tenant's employees may be permitted in the Complex in a clean and neat condition. However, Landlord assumes no responsibility to police the use are to be used under a revocable license, of said parking areas and if any such license is revoked, or if the amount of such area is diminished, Landlord shall not be subject to liable for the use thereof by Landlord, Landlord's other tenants, its or their agents, employees, servants, contractors, subtenants, licensees, customers and/or business invitees or by any liabilityother person or persons, nor shall entity or entities whomsoever. Provided Tenant be entitled to any compensation or diminution or abatement reserves for a period of rentat least one year, nor shall such revocation or diminution covered exclusive use parking spaces at the time of such areas be deemed constructive or actual eviction; providedsigning this Lease, however, that Landlord shall exercise its rights with respect to such revocable license for parking by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park only have the use of six (6) covered parking spaces upon payment of Thirty-five dollars ($35.00) per month, per space, in those areas (which may include off-site parking areas) designated by Landlord from time to time for such purposes. Landlord agrees to maintain the common areas in the vicinity of the Premises in good condition and to keep the same clean and neat in appearanceadvance, monthly.

Appears in 1 contract

Samples: Office Lease (Expedia Inc)

PARKING AND COMMON AREAS. TenantSubject to the terms and conditions of this Lease, its agents, employees, servants, contractors, subtenants, licensees, customers and business invitees shall have the nonexclusive right, in common with Landlord to reasonable rules and all others to whom Landlord has or may hereafter grant rights, to regulations regarding use such common areas of the Hotel (including, but not limited to, the parking lot, walkways, sidewalks, hallways, lobby and public restrooms) as may be designated prescribed from time to time by Landlord, subject Tenant shall have the use of the number of parking spaces set forth in Paragraph 1, if any. Landlord may assign particular parking spaces for Tenant's use or may provide a parking area with unassigned parking spaces. Landlord reserves the right to such rules temporarily or permanently relocate Tenant's parking space within a one block radius of the property and regulations as Tenant agrees to cooperate with Landlord's need to relocate its parking herein. Landlord may from time to time imposeassign limited and particular parking spaces for the sole and exclusive use of Landlord, provided Tenant or other tenants of the Building, their officers, agents, employees or invitees in such designation and such rules and regulations do not materially interfere with Tenant's businessmanner as Landlord may deem necessary or appropriate. Subject to the foregoing: Tenant agrees that itit will, within five (5) days of written request by Landlord, furnish to Tenant the state automobile license number assigned to its agentscars and the cars of each of its employees. Tenant shall not park any truck or delivery vehicle in the parking areas, employees, servants, contractors, subtenants and licensees nor permit deliveries at any place other than as designated by Landlord. The Common Areas referred to in this Lease shall abide by such rules and regulations and that Landlord shall have the exclusive management and control of mean all common parking areas; Landlord may at any time close any common area or other , driveways, landscaping areas, elevator and stairway areas, lighting, delivery areas, utility areas, lobby areas and those portions of the Hotel Building shared by more than one tenant of the Building and with respect to make repairs which one tenant does not have exclusive use or changes, to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking (provided that no such closure (other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access to the Premises)rights. Landlord may do shall provide maintenance and janitorial service to such other acts in and to the common areas and the other portions Common Areas. None of the Hotel as in its judgment may parking and Common Areas will be desirable. Landlord agrees, however, to use all reasonable efforts to maintain adequate access to the Premises when the Premises is open for business so that Tenant's customers and staff can enter and leave the Restaurant. All parking areas which Tenant's employees may be permitted to use are to be used under a revocable licensesupervised by Landlord, and if any such license is revoked, or if the amount of such area is diminished, Landlord shall not be subject liable for any injuries, damages, theft or loss to persons or property which may occur on or near such areas. Landlord _______ Page 4 Tenant _________ Neither the parking area nor any liability, nor portion of the common Areas in the Building shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation or diminution of such areas be deemed constructive or actual eviction; provided, however, that Landlord shall exercise its rights with respect to such revocable license for parking used by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park only in those areas (which may include off-site parking areas) designated by Landlord from time to time , or any agent or employee of Tenant, for such purposes. Landlord agrees to maintain any advertising, political campaigning or other similar use, including, without limitation, the common areas in the vicinity dissemination of the Premises in good condition and to keep the same clean and neat in appearanceadvertising or campaign leaflets or flyers.

Appears in 1 contract

Samples: Towers Lease (Dental Care Alliance Inc)

PARKING AND COMMON AREAS. TenantThe TENANT, its agents, employees, servants, contractors, subtenants, licensees, customers employees and business invitees shall have the nonexclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, non-exclusive right to use such the common areas areas, driveways and parking lots along with the other tenants of the Hotel (includingBuilding and their employees and invitees. The use of common areas, but not limited toand the portion of the land set aside by LANDLORD for non-exclusive use of tenants, the parking lot, walkways, sidewalks, hallways, lobby and public restrooms) as may be designated from time to time by Landlord, is subject to such reasonable rules and regulations as Landlord the LANDLORD may impose from time to time. No more than 3.3 parking spaces per 1 ,000 square feet are to be occupied at any one time imposeby the TENANT, provided its employees and invitees. Overnight parking of vehicles is prohibited; except private vehicles on a non-recurring basis, not longer than seven continuous days. LANDLORD reserves the right to move or remove any vehicle remaining after seven days during the snow removal season. The storage, at any time, of any property in the common areas is prohibited. TENANT will have no right to use the upper level parking area. TENANT has the right, (at any time, by giving LANDLORD written notice specifying the number of additional parking stalls desired) to require LANDLORD to Create up to forty (40) parking stalls on the property in addition to those existing as of the date of the Lease. Upon receiving the notice, LANDLORD will diIigently undertake reasonable efforts to do all things necessary to Create the stalls, including applying for all necessary City approvals. If LANDLORD Cannot, despite reasonable efforts, obtain all such designation and such rules and regulations do not materially interfere with Tenant's business. Subject approvals, LANDLORD will have no obligation to Create the stalls, notwithstanding anything herein to the foregoing: Tenant agrees that itContrary. LANDLORD will have no obligation to bring suit against the City to obtain any such approval, and "reasonable efforts" shall not be Construed to require any such suit. If LANDLORD can obtain approval for some but not all of the desired stalls, LANDLORD will so notify TENANT, who will have the right, by notice given within the following five (5) days, to Cancel its agentsnotice calling for additional stalls, employeesor accept the number of new stalls available, servantsor appeal to the City of Minnetonka. The location of the stalls will be decided by mutual agreement among LANDLORD, contractorsTENANT, subtenants and licensees shall abide by to the extent the law allows. LANDLORD will fund all expenses (including, without limitation, city applications fees) incurred in creating the stalls, but will be entitled to invoice TENANT for such rules expenses, starting on completion of the stalls, amortized over the number of months remaining in the current lease term, at the rate of 10% per annum, simple interest. This invoice amortized amount will be treated as base rent, and regulations and that Landlord TENANT will, on request, execute a lease amendment reflecting the increase in monthly base rent to include the amortized monthly installment. LANDLORD shall have the exclusive management and control of all common areas; Landlord may right to construct additional parking at any time close any common area or other portions Upon completion of the Hotel stalls, TENANT will have the right to make repairs or changesoccupy, at any one time, stalls on the property (except the upper parking lot) equal in number to prevent 80 plus the acquisition number of public rights in such areas, or new stalls created pursuant to discourage noncustomer parking (provided that this provision. TENANT will have no such closure (other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access to the Premises). Landlord may do such other acts in and to the common areas and the other portions of the Hotel as in its judgment may be desirable. Landlord agreesright, however, to require LANDLORD to designate any stalls, except all stalls created in the area marked on Exhibit A & B as Parking Area for the exclusive use all reasonable efforts to maintain adequate access to of the Premises when the Premises is open for business so that Tenant's customers and staff can enter and leave the RestaurantTENANT. All parking areas which Tenant's employees Any default, while uncured, will suspend TENANT'S rights under this provision. TENANT may be permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area 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 revocation or diminution of such areas be deemed constructive or actual eviction; provided, however, that Landlord shall exercise its rights with respect to such revocable license for parking by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park right under this provision only in those areas (which may include off-site parking areas) designated by Landlord from time to time for such purposes. Landlord agrees to maintain the common areas in the vicinity of the Premises in good condition and to keep the same clean and neat in appearanceonce.

Appears in 1 contract

Samples: Chronimed Inc

PARKING AND COMMON AREAS. Tenant, its agents, employees, servants, contractors, subtenants, licensees, customers and business invitees shall have Tenant acknowledges that the nonexclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use such common Common Areas (including parking areas (if any)) of the Hotel (includingProject are extremely limited. Such Common Areas, but not limited to, the parking lot, walkways, sidewalks, hallways, lobby and public restrooms) as may be designated they exist from time to time during the term of this Lease, shall be available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such Common Areas and parking areas shall not constitute a violation of this covenant. Landlord shall have the right to add parking and/or other areas to the Common Areas. Tenant understands and acknowledges that any portion or portions of the Project on which no buildings are erected as of the Commencement Date shall be part of the Common Areas of the Project until such time as buildings are erected thereon. Notwithstanding the foregoing, Landlord shall have the right to close, if necessary or appropriate, in Landlord’s determination, subject all or any portion of the Common Areas to such rules and regulations extent as may in the opinion of Landlord or Landlord’s counsel be reasonably necessary to prevent a dedication thereof or the accrual of any rights of any person or the public therein; to close temporarily all or any portion of the Common Areas to discourage non-customer use; to use portions of the Common Areas while engaged in making additional improvements or repairs or alterations to the Project or any portion thereof; to transfer, in whole or in part, any of Landlord’s rights or obligations under this Paragraph to any other tenant(s), subtenant(s) or other occupant(s) of the Project, or to such other party(ies) or designee(s) as Landlord may from time to time impose, provided determine; and to do and perform such designation and such rules and regulations do not materially interfere with Tenant's business. Subject other acts (whether similar or dissimilar to the foregoing: Tenant agrees that it) in, its agentsto and with respect to, employees, servants, contractors, subtenants and licensees shall abide by such rules and regulations and that the Common Areas as in the use of good business judgment Landlord shall have conclusively determine to be appropriate for the exclusive management Project. In addition, Landlord reserves the right to change or restrain the use of the entrances, exits, parking area(s), Common Areas, traffic lanes, pedestrian sidewalks and control passageways, and the boundaries and locations of all common areas; Landlord may at any time close any common such, provided however, that anything to the contrary notwithstanding contained in this Section 25, said parking area or other portions of the Hotel to make repairs or changes, to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking (provided that no such closure (other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access areas shall at all times be at least equal to the Premises)parking for the Project then legally required by governmental authorities or that available to Tenant under the current plans for the Project. Landlord may do such other acts The rights of Tenant in and to the common areas Common Areas shall at all times be subject to the rights of Landlord, Landlord’s employees and agents, and the other portions tenants in the Project, their employees and customers to use the same in common with Tenant, and Tenant shall keep the Common Areas free and clear of any obstructions, garbage and refuse created or permitted by Tenant or resulting from Tenant’s activities or those of its licensees, invitees, concessionaires, employees, customers and contractors. If, in the opinion of Landlord, unauthorized persons are using any of the Hotel as Common Areas by reason of the presence of Tenant in its judgment may be desirablethe Project, Tenant, upon demand of Landlord, shall restrain such unauthorized persons by appropriate proceedings. Nothing herein shall affect the right of Landlord agrees, however, at any time to use all reasonable efforts to maintain adequate access to the Premises when the Premises is open for business so that Tenant's customers and staff can enter and leave the Restaurant. All parking areas which Tenant's employees may be permitted to use are to be used under a revocable license, and if remove any such license is revoked, unauthorized person from the Common Areas or if to prohibit the amount use of such area 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 revocation or diminution of such areas be deemed constructive or actual eviction; provided, however, that Landlord shall exercise its rights with respect to such revocable license for parking said Common Areas by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park only in those areas (which may include off-site parking areas) designated by Landlord from time to time for such purposes. Landlord agrees to maintain the common areas in the vicinity of the Premises in good condition and to keep the same clean and neat in appearanceunauthorized persons.

Appears in 1 contract

Samples: www.acc.com

PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit "All shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas. 27.A. Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surfaced, marked and landscaped at no expense to Tenant. 27.B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. 27.C. Tenant, for the use and benefit of Tenant, its agents, employees, servantscustomers, contractorslicensees and sub-tenants, subtenants, licensees, customers and business invitees shall have the nonexclusive right, right in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use such common areas of the Hotel (including, but not limited to, the parking lot, walkways, sidewalks, hallways, lobby and public restrooms) as may be designated from time to time by Landlord, subject to such rules and regulations as Landlord may from time to time imposeother present and future owners, provided such designation tenants and such rules and regulations do not materially interfere with Tenant's business. Subject to the foregoing: Tenant agrees that it, its their agents, employees, servantscustomers, contractors, subtenants licensees and licensees shall abide by such rules and regulations and that Landlord shall have the exclusive management and control of all common areas; Landlord may at any time close any common area or other portions of the Hotel to make repairs or changes, to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking (provided that no such closure (other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access to the Premises). Landlord may do such other acts in and to the common areas and the other portions of the Hotel as in its judgment may be desirable. Landlord agrees, howeversub-tenants, to use all reasonable efforts to maintain adequate access to the Premises when the Premises is open for business so that Tenant's customers said common and staff can enter and leave the Restaurant. All parking areas which Tenant's employees may be permitted to use are to be used under a revocable licenseduring the entire term of this Lease, or any extension thereof, for ingress and egress, and if any automobile parking. 27.D. The Tenant, in the use of said common and parking areas, agrees to comply with such license is revokedreasonable rules, or if the amount of such area 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 revocation or diminution of such areas be deemed constructive or actual eviction; provided, however, that Landlord shall exercise its rights with respect to such revocable license regulations and charges for parking by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park only in those areas (which as the Landlord may include off-site parking areas) designated by Landlord adopt from time to time for such purposesthe orderly and proper operation of said common and parking areas. Landlord agrees Such rules may include but shall not be limited to maintain the common areas in following: (1) The restricting of employee parking to a limited, designated area or areas; and (2) the vicinity regulation of the Premises in good condition removal, storage and to keep disposal of Tenant's refuse and other rubbish at the same clean sole cost and neat in appearanceexpense of Tenant.

Appears in 1 contract

Samples: Fee Agreement (Orange National Bancorp)

PARKING AND COMMON AREAS. Tenant, its agents, employees, servants, contractors, subtenants, licensees, customers employees and business invitees shall have the nonexclusive right, in common with Landlord and all others to whom Landlord has granted or may hereafter grant rights, to use such common areas of in or adjoining the Hotel Building (including, including but not limited to, the parking lot, walkways, walkways and sidewalks, hallways, lobby and public restrooms) as may be are designated from time to time by Landlord, subject to such rules and regulations as Landlord may from time to time impose, provided such including the designation and such rules and regulations do not materially interfere with of specific areas in which cars operated by Tenant's business. Subject to the foregoing: Tenant agrees that it, its agents, employees, servants, contractors, subtenants employees and licensees shall abide by such rules and regulations and that Landlord shall have the exclusive management and control of all common areas; business invitees must be parked. Landlord may at any time close any common area or other portions of the Hotel to make repairs or changes, to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking. Tenant shall upon request furnish to Landlord the license number of cars operated by Tenant and its employees. Tenant shall not at any time interfere with the right of Landlord, other tenants, its and their agents, employees, servants, contractors, subtenants, licensees, customers and business invitees to use any part of the parking (provided that lot or other common areas. Landlord assumes no such closure (responsibility to police the use of said parking areas and Landlord shall not be liable for the use thereof by Landlord, Landlord’s other than temporary closures which are necessary to make repairs tenants, its or changes) materially and adversely affects access their agents, employees, servants, contractors, subtenants, licensees, customers and/or business invitees or by any other person or persons, entity or entities whomsoever. At no time may Tenant overburden the parking facilities available to the Premises). Landlord may do such other acts in and to the common areas and the other portions building (as shown on Exhibit A hereto) by Tenant’s use for itself, its customers, invitees or guests, over 50% of the Hotel as parking spaces in such parking facilities. The bulletin board or directory of the Building, if any, shall be provided exclusively for the display of the names and locations of tenants only, and Landlord reserves the right to exclude any other names therefrom and otherwise limit the number of listings thereon. Tenant shall not at any time interfere with the rights of Landlord, other tenants, its judgment may be desirable. Landlord agreesand their agents, howeveremployees, servants, contractors, subtenants, licensees, customers and business invitees to use all reasonable efforts to maintain adequate access to any part of the Premises when the Premises is open for business so that Tenant's customers and staff can enter and leave the Restaurantparking lot or other common areas. All parking areas and common areas which Tenant's employees may be Tenant maybe permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area is diminished, including by Landlord reserving certain parking spaces to itself or another tenant so long as such reservation does not exceed 50% of the parking spaces providing in the parking facilities, 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 revocation or diminution of such areas be deemed constructive or actual eviction; provided, however, that Landlord shall exercise its rights with respect to such revocable license for parking by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park only in those areas (which may include off-site parking areas) designated by Landlord from time to time for such purposes. Landlord agrees to maintain the common areas in the vicinity of the Premises in good condition and to keep the same clean and neat in appearance.

Appears in 1 contract

Samples: Ammended Commercial Lease Agreement (Mystic Holdings Inc./Nv)

PARKING AND COMMON AREAS. TenantLandlord covenants that upon completion of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit A shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, its agentsprovided that the condemnation or other taking by any public authority, employeesor sale in lieu of condemnation, servantsof any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, contractorsexits, subtenantstraffic lanes and the boundaries and locations of such parking area or areas. All automobile parking areas, licenseesdriveways, customers entrances and business invitees shall have exits thereto, and other facilities furnished by Landlord in or near the nonexclusive rightShopping Center, including employee parking areas, the truck way or ways, loading docks, temporary sewer facilities, package pick up sections, pedestrian sidewalks and ramps, landscaped areas, exterior stairways, first-aid station, comfort stations and other areas and improvements provided by Landlord for the general use, in common with tenants, their officers, agents, employees and customers, shall at all times be subject to the exclusive control and management of Landlord and all others to whom Landlord has or may hereafter grant rightsshall have the right, to use such common areas of the Hotel (including, but not limited to, the parking lot, walkways, sidewalks, hallways, lobby and public restrooms) as may be designated from time to time by Landlordto establish, subject to such modify and enforce reasonable rules and regulations as Landlord may from time with respect to time impose, provided such designation all facilities and such rules and regulations do not materially interfere with Tenant's businessareas mentioned in this article. Subject to the foregoing: Tenant agrees that it, its agents, employees, servants, contractors, subtenants and licensees shall abide by such rules and regulations and that Landlord shall also have the exclusive management right to alter or modify the Shopping Center and control all improvements located therein, including the traffic flow and parking, without the consent of all common areasTenant; Landlord may at any time close any common area provided no change, alteration or other portions of the Hotel to make repairs or changes, to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking (provided that no such closure (other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access to the Premises). Landlord may do such other acts in and to the common areas and the other portions of the Hotel as in its judgment may modification will be desirable. Landlord agrees, however, to use all reasonable efforts to maintain adequate access made with respect to the Premises when which substantially adversely affects Tenant's use and enjoyment of the Premises is open without the consent of Tenant, which shall not be unreasonably withheld. Prior to the date of Tenant's opening for business so that Tenant's customers and staff can enter and leave in the Restaurant. All parking areas which Tenant's employees may be permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area is diminishedPremises, Landlord shall not cause said common and parking area or areas to be subject graded, surfaced, marked and landscaped at no expense to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation or diminution of such areas be deemed constructive or actual eviction; provided, however, that Landlord shall exercise its rights with respect to such revocable license for parking by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park only in those areas (which may include off-site parking areas) designated by Landlord from time to time for such purposes. Landlord agrees to maintain the common areas in the vicinity of the Premises in good condition and to keep the same clean and neat in appearance.

Appears in 1 contract

Samples: Valley National Corp /De/

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PARKING AND COMMON AREAS. TenantIn addition to the demised premises, its agents, employees, servants, contractors, subtenants, licensees, customers and business invitees Tenant shall have the nonexclusive rightright to non-exclusive use of all facilities furnished by Landlord in Seagrape Square and designated for the general use, in common common, with Landlord Landlord, other tenants, and all others the guests, employees and invitees of same, subject to whom Landlord has or may hereafter grant rights, the terms and conditions of this lease and to reasonable rules and regulations for the use such common areas of the Hotel (including, but not limited to, the parking lot, walkways, sidewalks, hallways, lobby and public restrooms) thereof as may be designated prescribed from time to time by Landlord. The parking area shall be provided with adequate lighting and shall be maintained in good condition by Landlord, and Landlord shall have the right at any time to change or modify the design and layout of the parking area(s). The common areas shall be subject to the exclusive control and management of Landlord, who shall have the right to establish, modify, change and enforce from time to time rules and regulations with respect to the common areas so long as such rules are not discriminatory against Tenant; and Tenant agrees to abide and conform with such rules and regulations regulations. Tenant further agrees that it and officers and employees will park their vehicles only in such areas as Landlord may from time to time imposedesignate for employee parking, provided such designation and such rules and regulations do not materially interfere with Tenant's business. Subject which areas may be within or without the area adjacent to the foregoing: demised premises. Tenant agrees that itit will, within five (5) days after written request by Landlord, furnish to Landlord the state automobile license numbers assigned to its agents, vehicles and those of its employees, servants, contractors, subtenants and licensees shall abide . Vehicles belonging to Tenant or Tenant's employees which violate a restriction to park in designated areas may be towed away by Landlord at the cost of Tenant or Landlord may charge Tenant a daily rate of $10.00 per day for any such rules and regulations and vehicle parked in the common areas other than the designated employee parking area. In the event that Landlord shall have the exclusive management and control of all common areas; Landlord may at any time close any common area or other portions of the Hotel to make repairs or changes, deems it necessary to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking (provided that no such closure (other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access to the Premises). Landlord may do such other acts in and to the common areas and the other portions of the Hotel as in its judgment may be desirable. Landlord agrees, however, to use all reasonable efforts to maintain adequate access to the Premises when the Premises is open for business so that Tenant's customers and staff can enter and leave the Restaurant. All parking areas which Tenant's employees may be permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area is diminishedsite, 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 revocation or diminution of such areas be deemed constructive or actual eviction; provided, however, that Landlord shall exercise its rights with respect to such revocable license for parking by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park only in those areas (which may include off-site parking areas) designated by Landlord from time to time temporarily close portions of the common areas, and may erect private boundary markers or take such steps as deemed appropriate for such purposesthat purpose. Landlord agrees to maintain Such action shall not constitute or be considered an eviction or disturbance of Tenant's quiet possession of the premises. Neither the parking area nor any other part of the common areas in shall be used by Tenant, or any agent or employee of Tenant, for any advertising, political campaigning or other similar use, including, without limitation, the vicinity dissemination of the Premises in good condition and to keep the same clean and neat in appearanceadvertising or campaign leaflets or flyers.

Appears in 1 contract

Samples: Seagrape Square Lease Agreement (Admiralty Bancorp Inc)

PARKING AND COMMON AREAS. TenantAll parking and common areas and other common facilities made available by Landlord in or about the Leased Premises shall be subject to exclusive control and management of Landlord, its expressly reserving to Landlord, without limitation, the right to erect and install improvements within said areas. Common Areas (whether as initially constructed or as the same may be enlarged or reduced at any time thereafter) means all areas, space, facilities, equipment, signs and special services from time to time made available by Landlord for the common and joint use and benefit of Landlord, the Tenant and other tenants and occupants of the Leased Premises, and their respective employees, agents, employeessubtenants, servants, contractors, subtenantsconcessionaires, licensees, customers and business invitees invitees, which may include (but shall have the nonexclusive rightnot be deemed a representation as to their availability), in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use such common areas of the Hotel (including, but not limited to, the parking lot, walkways, any sidewalks, hallwaysparking areas, lobby access roads, driveways, landscaped areas, truck service-ways, loading docks, stairs, ramps, elevators, escalators and public restrooms) as may be designated washrooms. Landlord expressly reserves the right from time to time time, to construct, maintain and operate lighting and other facilities, equipment and signs on all Common Areas; to police the same; to change the area, level, location and arrangements of the parking areas and other facilities forming a part of the Common Areas; to build parking facilities; to restrict parking by Landlordtenants and other occupants of the Leased Premises and their employees, subject agents, subtenants, concessionaires and licensees; to such close temporarily all or any portion of the Common Areas for the purpose of making repairs or changes thereto and to discourage non-customer parking; to establish, modify and enforce reasonable rules and regulations with respect to the Common Areas and the use to be made thereof; and to grant individual tenants the right to conduct sales in the Common Areas. Landlord shall operate, manage, equip, light and maintain the Common Areas in such manner as Landlord may from time to time imposedetermine, provided such designation and such rules and regulations do not materially interfere with Tenant's business. Subject to the foregoing: Tenant agrees that it, its agents, employees, servants, contractors, subtenants and licensees shall abide by such rules and regulations and that Landlord shall have the right and exclusive management authority to employ and control discharge all personnel with respect thereto. Landlord will under no circumstances restrict ingress to Tenant’s space. Tenant is hereby given a non-exclusive license to use, during the terms hereof, the Common Areas of all common areas; Landlord the Leased Premises as they may now or at any time close any common area or other portions of during the Hotel to make repairs or changesterm exist, to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking (provided that no such closure (other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access to the Premises). Landlord may do such other acts in and to the common areas and the other portions of the Hotel as in its judgment may be desirable. Landlord agreesprovided, however, to use all reasonable efforts to maintain adequate access to that should the Premises when the Premises is open for business so that Tenant's customers and staff can enter and leave the Restaurant. All parking areas which Tenant's employees may be permitted to use are to be used under a revocable licensesize, and if any such license is revoked, location or if the amount arrangement of such area is Common Areas or the type of facilities at any time forming a part thereof be changed or diminished, Landlord shall not be subject to any liabilityliability therefore, nor shall Tenant be entitled to any compensation or diminution or abatement of rentrent therefore, nor shall such revocation change or diminution of such areas be deemed a constructive or actual eviction; provided, however, that . Landlord shall exercise its rights reserves the exclusive right to grant to third persons the non-exclusive right to cross over and use in common with respect to such revocable license for parking by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park only in those areas (which may include off-site parking areas) Landlord and all tenants of the Leased Premises and the Common Areas as designated by Landlord from time to time for such purposesby Landlord. Landlord Tenant, in the use of the common and parking areas, agrees to maintain comply with reasonable rules, regulations and charges for parking as Landlord may adopt from time to time. Such rules may include, but shall not be limited to, the common areas in following: (1) the vicinity restricting of employee parking to a limited, designated area or areas; (2) the regulation of the Premises removal, storage and disposal of Tenant’s refuse and other rubbish at the sole cost and expense of Tenant; and (3) to remain in good condition compliance with applicable City codes, parking requirements, and to keep the same clean and neat in appearance.parking ratios

Appears in 1 contract

Samples: Lease Agreement (Franklin Financial Network Inc.)

PARKING AND COMMON AREAS. 9.1 Tenant, its agents, employees, servants, contractors, subtenants, licensees, customers and business invitees shall have the nonexclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use such common areas of the Hotel Property (including, but not limited to, the parking lotlot(s), walkways, corridors, halls, passageways and ramps, sidewalks, hallwaysaccess roads, lobby landscape and planted areas, public restroomsrest rooms and other public facilities) as may be designated from time to time by LandlordLandlord in its sole discretion (collectively, "Common Areas"), subject to such rules and regulations as Landlord may from time to time impose, provided such designation and such rules and regulations do not materially interfere with Tenant's business. Subject to the foregoing: Tenant agrees that it, its agents, employeesemployers, servants, contractors, subtenants subtenants, invitees and licensees shall abide by such rules and regulations and that Landlord shall have the exclusive management and control of all common areas; regulations. Landlord may at any time close any common area or other portions of the Hotel such Common Areas to make repairs or changes, to prevent the acquisition of public rights in such areasCommon Areas, or to discourage noncustomer parking (provided that no parking. Landlord shall operate, manage, equip, light, repair and maintain the Common Areas for their intended purposes, as Landlord shall determine. Landlord reserves the right to dedicate all or portions of such closure (Common Areas and other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access to portions of the Premises)Property for public utility purposes. Landlord may do such other acts in and to the common areas and the other portions of the Hotel Common Areas as in its sole judgment may be desirable. Landlord agreesTenant shall not at any time interfere with the rights of Landlord, howeverother tenants, its and their agents, employees, servants, contractors, subtenants, licensees, customers and business invitees to use all reasonable efforts to maintain adequate access to any part of the Premises when the Premises is open for business so that Tenant's customers and staff can enter and leave the Restaurantparking lot or Common Areas. All parking areas which Tenant's employees may be permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area is diminished, Landlord shall not be subject to any liability, nor shall Tenant be entitled to any compensation compensation, or diminution reduction or abatement of rent, nor shall such revocation by reason of any alteration or diminution of the Common Areas, and no such areas alteration or diminution of the Common Areas, shall be deemed constructive or actual eviction; provided, however, that Landlord shall exercise its rights with respect to such revocable license for parking by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park only in those areas (which may include off-site parking areas) designated by Landlord from time to time for such purposes. Landlord agrees to maintain the common areas in the vicinity of the Premises in good condition and to keep the same clean and neat in appearance.

Appears in 1 contract

Samples: Lease (Truevision International Inc)

PARKING AND COMMON AREAS. Tenant, its agents, employees, servants, contractors, subtenants, licensees, customers and business invitees shall have the nonexclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use such common areas of the Hotel (including, but not limited to, the parking lot, walkways, sidewalks, hallways, lobby and public restrooms) as may be designated from time to time by Landlord, subject to such rules and regulations as Landlord may from time to time impose, provided such designation and such rules and regulations do not materially interfere with Tenant's business. Subject to the foregoing: Tenant agrees that it, its agents, employees, servants, contractors, subtenants and licensees shall abide by such rules and regulations and that Landlord shall have the exclusive management and control of all common areas; Landlord may at any time close any common area or other portions of the Hotel to make repairs or changes, to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking (provided that no such closure (other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access to the Premises). Landlord may do such other acts in and to the common areas and the other portions of the Hotel as in its judgment may be desirable. Landlord agrees, however, to use all reasonable efforts to maintain adequate access to the Premises when the Premises is open for business so that Tenant's customers and staff can enter and leave the RestaurantFood Court. All parking areas which Tenant's employees may be permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area 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 revocation or diminution of such areas be deemed constructive or actual eviction; provided, however, that Landlord shall exercise its rights with respect to such revocable license for parking by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park only in those areas (which may include off-site parking areas) designated by Landlord from time to time for such purposes. Landlord agrees to maintain the common areas in the vicinity of the Premises in good condition and to keep the same clean and neat in appearance.

Appears in 1 contract

Samples: Lease Agreement (Ark Restaurants Corp)

PARKING AND COMMON AREAS. Landlord covenants certain common and parking areas shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant, and Landlord reserves the right to close, if necessary, all or any portion of such common or parking areas to such extent as may in the opinion of Landlord's counsel be legally necessary to prevent a dedication thereof or the accrual of any rights of any person or of the public therein; to close temporarily all or any portion of the common areas to discourage non-customer use; to use portions of the common areas while engaged in making additional improvements or repairs or alterations to the Office and Retail Center; and to do and perform such other acts in, to, and with respect to the common areas as Landlord shall reasonably determine to be appropriate for the Office and Retail Center. Landlord further reserves the right to increase or reduce the common areas and to change the entrances, exits, traffic lanes and the boundaries and locations of such common and parking areas, provided that no such modifications or changes shall commercially reduce the total amount of the common or parking areas available under this Section, and so long as it does not impact the Tenant's business. Tenant shall have a min. of 4 spaces close to it's premises designated for it's customers. Landlord shall keep said parking and common areas in a neat, it's premise clean and orderly condition and shall repair any damage to the designated facilities thereof. Tenant, for the use and benefit of Tenant, its agents, employees, servantscustomers, contractorslicensees and sub-tenants, subtenants, licensees, customers and business invitees shall have the nonexclusive right, non-exclusive right in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use such common areas of the Hotel (including, but not limited to, the parking lot, walkways, sidewalks, hallways, lobby and public restrooms) as may be designated from time to time by Landlord, subject to such rules and regulations as Landlord may from time to time impose, provided such designation other present and such rules future owners and regulations do not materially interfere with Tenant's business. Subject to the foregoing: Tenant agrees that it, its tenants and their agents, employees, servantscustomers, contractorslicensees and sub-tenants, subtenants to use said common and licensees shall abide by parking areas during the entire term of this Lease. Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules and regulations and that Landlord shall have the exclusive management and control of all common areas; charges for parking as Landlord may at any time close any common area or other portions of the Hotel to make repairs or changes, to prevent the acquisition of public rights in such areas, or to discourage noncustomer parking (provided that no such closure (other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access to the Premises). Landlord may do such other acts in and to the common areas and the other portions of the Hotel as in its judgment may be desirable. Landlord agrees, however, to use all reasonable efforts to maintain adequate access to the Premises when the Premises is open for business so that Tenant's customers and staff can enter and leave the Restaurant. All parking areas which Tenant's employees may be permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area 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 revocation or diminution of such areas be deemed constructive or actual eviction; provided, however, that Landlord shall exercise its rights with respect to such revocable license for parking by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park only in those areas (which may include off-site parking areas) designated by Landlord adopt from time to time for such purposesthe orderly and proper operation of said common and parking areas. Landlord agrees Such rules may include but shall not be limited to maintain the common areas in the vicinity following: (1) Restriction of employee parking to a limited, designated area or areas; and (2) Regulation of the Premises in good condition removal, storage and to keep disposal of Tenant's refuse and other rubbish at the same clean sole cost and neat in appearanceexpense of Tenant.

Appears in 1 contract

Samples: Old Line Bancshares Inc

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