Parking A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Premises Parking and Common Areas 2.1 Letting Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and upon all of the terms covenants and conditions set forth in this Lease. Unless otherwise provided herein, any statement of square footage set forth in this Lease, or that may have been used in calculating rental and/or Common Area Operating Expenses, is an approximation which Lessor and Lessee agree is reasonable and the rental and Lessee's Share (as defined in Paragraph 1.6(b)) based thereon is not subject to revision whether or not the actual square footage is more or less.
Common Areas - Rules and Regulations Lessor or such other person(s) as Lessor may appoint shall have the exclusive control and management of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations (“Rules and Regulations”) for the management, safety, care, and cleanliness of the grounds, the parking and unloading of vehicles and the preservation of good order, as well as for the convenience of other occupants or tenants of the Building and the Project and their invitees. Lessee agrees to abide by and conform to all such Rules and Regulations, and to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform. Lessor shall not be responsible to Lessee for the non-compliance with said Rules and Regulations by other tenants of the Project.
Electrical appliance safety The Hirer shall ensure that any electrical appliances brought by them to the premises and used there shall be safe, in good working order, and used in a safe manner in accordance with the Electricity at Work Regulations 1989. Where a residual circuit breaker is provided the hirer must make use of it in the interests of public safety.
Common Areas Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.
Building With respect to each parcel of Real Estate, all of the buildings, structures and improvements now or hereafter located thereon. Business Day. Any day on which banking institutions located in the same city and State as the Agent’s Head Office are located are open for the transaction of banking business and, in the case of LIBOR Rate Loans, which also is a LIBOR Business Day.
Fire Safety Resident will not tamper with fire alarms, smoke detectors, fire extinguishers, fire hoses, or exit signs. Resident will promptly evacuate Residence Facility upon the sounding of an alarm or as otherwise directed by College Housing staff. Resident will participate in any periodic fire drill and fire safety training conducted by College for the Residence Facility.
Parking Areas Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Premises and Tenant shall install at least one sign in the parking areas so advising its employees, visitors or invitees who may use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded or parked in areas other than those designated by Landlord for such activities. Tenant agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employees, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are located. If Tenant permits or allows any of the prohibited activities described above for a period of five (5) business days after written notice from Landlord, then Landlord shall have the right, without further notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved at Landlord's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by the parties owning the same, including, respectively, Tenant or Tenant's partners, trustees, officers, directors, shareholders, members, invitees, or any of Tenant's assignees, subtenants or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant Parties"). Tenant shall repair or cause to be repaired, at Tenant's sole cost and expense, any and all damage, ordinary wear and tear excepted, to any portion of the Property caused by the use by Tenant Parties of the driveway or parking areas within the Property. Landlord shall not be liable to Tenant by reason of any moratorium, initiative, referendum, statute, regulation or other governmental action which could in any manner prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall be considered assessments and shall be Payable by Tenant as set forth in Paragraph 4.1; as of the Commencement Date, Landlord represents there are no such charges or surcharges imposed on the Premises.
Workplace Safety Insurance 20.1 Each member covered by this Agreement who is absent on account of injuries received while on duty and who is receiving a pension, salary or wage award from the Workplace Safety and Insurance Board shall be entitled to be paid the difference between the pension wage and salary award from the Workplace Safety and Insurance Board and his or her current net salary as long as such member remains in the employ of the Niagara Police Board. This shall be applied such that the combination of any WSIB salary or wage award plus the employer top-up shall, in total, equal the net pay of the member's current salary. The non- economic loss portion of any WSIB pension payments shall not be considered as being a salary or wage award, and hence shall not form part of these calculations. Any member who does not comply with the provisions of the Workplace Safety & Insurance Act or Regulations thereto and subsequently receives a salary or wage award or an amount less than the prevailing maximum payable, due to such non-compliance, shall not receive from the Niagara Police Board the difference between the wage or salary award paid by the Workplace Safety & Insurance Board and his or her current net salary. For the purpose of this Clause, net pay shall be the pay for the rank of the member as shown in Appendix "A" less those deductions required under Government Statutes, pension plans and as provided for in this Agreement.
20.2 Subject to the terms of this Article, each member covered by this Agreement who is injured as a result of carrying out his/her duties shall not be deprived of his/her vacations or statutory holidays as a result thereof, and shall accumulate such vacation credits and statutory holidays as he/she might otherwise receive.
20.2.1 Each member shall be entitled to accumulate the float time that he/she might otherwise receive for a period of three (3) months following the injury.
20.2.2 In respect of members who have been off work and receiving WSIB benefits for less than two
Common Area Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below.
