Common use of Patio Area Clause in Contracts

Patio Area. Tenant shall have the exclusive license to use the four (4) exterior patio areas located adjacent to the Premises (individually and collectively, the “Patio Area”) as depicted in Exhibit A attached hereto. Tenant shall accept the Patio Area in its “as-is” condition (except to the extent any improvements to such Patio Area are included in the Tenant Work Letter), and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Patio Area. Tenant shall have the right, but not the obligation, to partition two (2) of the exterior patio areas as depicted in Exhibit H attached hereto. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Patio Area or the compliance of the Patio Area with any applicable Laws now in force or which may hereafter be enacted or promulgated. Any alteration or improvement to the Patio Area shall be made by Tenant at Tenant’s sole cost and expense, subject to Landlord’s prior written approval (which approval shall not be unreasonably withheld, conditioned or delayed) and the terms of Article 8 above. Tenant shall have the right to place and maintain furniture (including, without limitation, chairs, tables, and/or trash receptacles) (collectively, “Patio Furniture”) in the Patio Area subject to Landlord’s prior written approval of the same (which approval shall not be unreasonably withheld, conditioned or delayed). Notwithstanding Landlord’s approval of the Patio Furniture, Tenant shall remain solely liable for any liability arising out of the placement of the Patio Furniture in the Patio Area, and Landlord shall have no liability in connection therewith. Tenant shall keep the Patio Furniture in clean, safe, operable and first-class condition and repair and shall replace the same as necessary to comply with such standard. Tenant shall keep the Patio Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Patio Area. Tenant shall clean the Patio Area regularly, and shall power wash the Patio Area on an as needed basis. Tenant shall remove any Patio Furniture from the Patio Area upon the expiration or earlier termination of this Lease, or upon the termination of Tenant’s rights under this Section 29.41, and shall return the affected portion of the Patio Area to the condition the Patio Area would have been in had no such Patio Furniture been installed, reasonable wear and tear excepted. Tenant shall not be permitted to display any graphics, signs or insignias or the like in the Patio Area. Landlord shall have the right to make any improvements to the Patio Area or display any graphics, plants or other items from the Patio Area which it desires in its sole discretion in connection with overall Building or Project graphics or improvements. Tenant shall use the Patio Area solely for the seating of its employees and shall not use the Patio Area for preparing food or any other retail purpose. No smoking shall be permitted in the Patio Area. Tenant’s use of the Patio Area shall be subject to such additional reasonable rules, regulations and restrictions as Landlord may make from time to time concerning the Patio Area. Except as expressly set forth in this Section 29.41, all of the terms, conditions, covenants, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant’s use thereof shall apply equally to the Patio Area and Tenant’s use thereof, including, without limitation, Tenant’s indemnity of Landlord set forth in Section 10.1, Tenant’s insurance obligations set forth in Article 10, and Tenant’s obligations to comply with Law set forth in Article 24; provided, however, the Patio Area shall not be deemed to be a part of the Premises for purposes of any abatement or termination rights under Articles 11 and 13. The license to use the Patio Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenant, and Landlord thereafter shall have the right to prevent Tenant’s access thereto. As used in this Section 29.41, “cause” shall include, without limitation, any of the following: (i) Landlord’s good faith determination that the license granted hereby and/or the use of the Patio Area creates a hazard or threatens the safety and/or security of persons or property or endangers or otherwise interferes with the use and occupancy of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or the Project, or constitutes a nuisance; (ii) the license granted hereby constitutes a violation of or otherwise conflicts with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated, or results in increased rates of insurance for the Building or Project; (iii) Tenant abandons or vacates all or a substantial portion of the Premises; (iv) this Lease is terminated for any reason; or (v) Tenant fails to comply with any of the terms, conditions, covenants, limitations or restrictions contained in this Section 29.41 or elsewhere in this Lease which apply to the Patio Area or Tenant’s use thereof.

Patio Area. Tenant shall have Subject to (i) Landlord's access and other rights under the exclusive license to use Lease, as hereby amended, (ii) Tenant's receipt of all permits and approvals required by any governmental agencies, (iii) Tenant's compliance with all applicable laws, all recorded covenants, conditions and restrictions affecting the four (4) exterior patio areas located adjacent to the Premises (individually and collectively, the “Patio Area”) as depicted in Exhibit A attached hereto. Tenant shall accept the Patio Area in its “as-is” condition (except to the extent any improvements to such Patio Area are included in the Tenant Work Letter)Project, and Landlord shall not (iv) Landlord's reasonable approval of Tenant's proposed seating layout, and the size, style, quality, specific location and all other specifications of and for Tenant's Permitted Patio Items (as defined hereinbelow) to be obligated to provide or pay for any work or services related to the improvement of the Patio Area. Tenant shall have the right, but not the obligation, to partition two (2) of the exterior patio areas as depicted in Exhibit H attached hereto. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Patio Area or the compliance of the Patio Area with any applicable Laws now in force or which may hereafter be enacted or promulgated. Any alteration or improvement to the Patio Area shall be made placed thereon by Tenant at Tenant’s sole cost and expenseas provided hereinbelow, subject to Landlord’s prior written approval (which approval shall not be unreasonably withheld, conditioned or delayed) and the terms of Article 8 above. Tenant shall have the right to place and maintain furniture (includinguse, on an exclusive basis, without limitationthe payment of Additional Rent, that certain outdoor patio area depicted on Exhibit A attached hereto (the "Patio Area") during the period commencing on June 15, 2020 and expiring on November 1, 2020 (the "Temporary Patio Area Term"). Landlord shall not be responsible or liable for securing or ensuring that other tenants or customers of the Building or Project do not use the Patio Area. The Patio Area may be used by Tenant during the Temporary Patio Area Term solely as seating for dining purposes for the customers of Tenant's restaurant operated within the Premises (collectively, the "Patio Use"), and for no other purposes whatsoever. Notwithstanding the foregoing to the contrary, in no event shall the combined number of seats in (A) the Patio Area and (B) the Premises exceed the total number of seats permitted by applicable laws and previously used in the interior of the Premises prior to the Temporary Patio Area Term. The Patio Use during the Temporary Patio Area Term shall be permitted only during Tenant's established operating hours pursuant to Section 8.4 of the Original Lease (the "Patio Area Hours"). In connection with the Patio Use, Tenant and Tenant's employees shall be permitted to place portable chairs, tables, and/or trash receptacles) umbrellas, serving items and table decorations which have been approved in advance by Landlord (collectively, “the "Permitted Patio Furniture”) in the Patio Area subject to Landlord’s prior written approval of the same (which approval shall not be unreasonably withheldItems"), conditioned or delayed). Notwithstanding Landlord’s approval of the Patio Furniture, Tenant shall remain solely liable for any liability arising out of the placement of the Patio Furniture in onto the Patio Area, and Landlord shall have no liability in connection therewith. provided that Tenant shall keep be responsible for bussing tables and keeping all Permitted Patio Items clean during the Patio Furniture in clean, safe, operable and first-class condition and repair and shall replace the same as necessary to comply with such standard. Tenant shall keep the Temporary Patio Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Patio Area. Tenant shall clean the Patio Area regularly, and shall power wash the Patio Area on an as needed basis. Tenant shall remove any Patio Furniture from the Patio Area upon the expiration or earlier termination of this Lease, or upon the termination of Tenant’s rights under this Section 29.41, and shall return the affected portion of the Patio Area to the condition the Patio Area would have been in had no such Patio Furniture been installed, reasonable wear and tear excepted. Term.. Tenant shall not be permitted to display any graphics, signs or insignias or the like in the Patio Area. Landlord shall have the right to make any improvements alterations to the Patio Area or display place any graphicspersonal property thereon other than the Permitted Patio Items. In addition, plants or other items from during the Temporary Patio Area Term: (I) Tenant, at its sole cost and expense, shall at all times maintain the Patio Area which it desires in its sole discretion in connection with overall Building or Project graphics or improvements. Tenant shall use the Patio Area solely for the seating of its employees (and shall not use the Patio Area for preparing food or any other retail purpose. No smoking shall be permitted in provide all janitorial services to the Patio Area. ) in a first-class manner consistent with the first- class nature of the Project; (II) Tenant’s use 's operation, cleaning, maintenance and repair of the Patio Area shall be subject to such additional reasonable rules, regulations and restrictions as Landlord may make from time to time concerning the Patio Area. Except as expressly set forth in this Section 29.41, all of the termsapplicable terms and provisions of the Lease, conditions, covenants, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant’s use thereof shall apply equally to the Patio Area and Tenant’s use thereofas hereby amended, including, without limitation, Tenant’s indemnity of Landlord set forth in this Section 10.1, Tenant’s insurance obligations set forth in Article 10, 1 and Tenant’s obligations to comply with Law set forth in Article 24; provided, however, the Patio Area shall not be deemed to be a part Sections 9 and 10 of the Premises for purposes of any abatement or termination rights under Articles 11 and 13. The license to use the Patio Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenant, and Landlord thereafter shall have the right to prevent Tenant’s access thereto. As used in this Section 29.41, “cause” shall include, without limitation, any of the following: (i) Landlord’s good faith determination that the license granted hereby and/or the use of the Patio Area creates a hazard or threatens the safety and/or security of persons or property or endangers or otherwise interferes with the use and occupancy of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or the Project, or constitutes a nuisance; (ii) the license granted hereby constitutes a violation of or otherwise conflicts with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated, or results in increased rates of insurance for the Building or Project; (iii) Tenant abandons or vacates all or a substantial portion of the Premises; (iv) this Lease is terminated for any reason; or (v) Tenant fails to comply with any of the terms, conditions, covenants, limitations or restrictions contained in this Section 29.41 or elsewhere in this Lease which apply to the Patio Area or Tenant’s use thereof.Original Lease;

Patio Area. Tenant shall have Lessee may apply for and pursue all necessary approvals and permits (“Patio Use Permits”) for use of the exclusive license to use the four (4) exterior patio areas located adjacent to area outside the Premises (individually and collectively, designated on Exhibit “A-2” as the “Patio Area”) as depicted in Exhibit A attached hereto” for outdoor seating, food and beverage service and other uses ancillary to a use permitted by Section 6.1 of this Lease. Tenant shall accept The application for the Patio Area in its “as-is” condition (except to the extent any improvements to such Patio Area are included in the Tenant Work Letter), and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Patio Area. Tenant shall have the right, but not the obligation, to partition two (2) of the exterior patio areas as depicted in Exhibit H attached hereto. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Patio Area or the compliance of the Patio Area with any applicable Laws now in force or which may hereafter be enacted or promulgated. Any alteration or improvement to the Patio Area Use Permits shall be made in accordance with plans provided by Tenant at Tenant’s sole cost and expense, (or otherwise approved by) Lessor. Any modifications to the plans submitted for the Patio Use Permits shall be subject to LandlordLessor’s prior written approval, such approval (which approval shall not to be unreasonably withheld, conditioned delayed or delayedconditioned. Provided Lessee obtains the Patio Use Permits, if required (and if not required, in the event Lessee elects to utilize the Patio Area), Lessor and Lessee agree that the Premises shall include the Patio Area, subject to the following: (a) and Wherever in the terms Lease a charge is made based on the square footage of Article 8 above. Tenant shall have the right to place and maintain furniture Premises (including, without limitation, chairsBasic Rent), tables, and/or trash receptacles) (collectively, “Patio Furniture”) in the square footage of the Patio Area subject will not be included. (b) The Patio Area shall be constructed by Lessee with barriers and other items in accordance with the Patio Use Permits (or if not so required, such barriers shall be constructed in accordance with plans approved by Lessor and Lessee). If the Lease expires or is earlier terminated, the barriers and other items shall be deemed to Landlord’s prior written approval be the property of Lessor. (c) Xxxxxx agrees to maintain the Patio Area in a condition commensurate with the standard of maintenance of the same (which approval shall not Project and replace dead and unsightly plants within the Patio Area when needed. Xxxxxx agrees at Xxxxxx’s cost and expense to be unreasonably withheld, conditioned or delayed). Notwithstanding Landlord’s approval responsible for the maintenance and daily cleaning of the Patio Furniture, Tenant shall remain solely liable for any liability arising out of Area. In the placement of event Lessee fails to maintain the Patio Furniture Area in a neat, clean, sanitary, and safe condition, then Lessor, after giving Xxxxxx at least twenty-four (24) hours’ notice (except no notice shall be required in the event of an immediate threat of personal injury or material property damage), shall have the right to take such action as may be necessary to clean and maintain the Patio Area, and Landlord Lessee shall have no liability in connection therewith. Tenant reimburse Lessor upon demand for the reasonable and actual cost incurred. (d) Lessee, at its sole cost and expense, shall keep the Patio Furniture in clean, safe, operable and first-class condition and repair and shall replace the same as necessary to promptly comply with such standard. Tenant shall keep all applicable governmental rules and regulations affecting the Patio Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use including, but not limited to, those of the Patio Arealocal health department and the applicable liquor authority. Tenant shall clean the Patio Area regularly, and shall power wash the Patio Area on an as needed basis. Tenant shall remove any Patio Furniture from the Patio Area upon the expiration or earlier termination of this Lease, or upon the termination of Tenant’s rights under this Section 29.41, and shall return the affected portion of the Patio Area to the condition the Patio Area would have been in had no such Patio Furniture been installed, reasonable wear and tear excepted. Tenant Lessee shall not be permitted to display any graphics, signs or insignias or the like use loud speakers in the Patio Area. Landlord shall have Area other than in compliance with the right to make any improvements to the Patio Area or display any graphics, plants or other items from the Patio Area which it desires in its sole discretion in connection with overall Building or Project graphics or improvements. Tenant shall use the Patio Area solely for the seating of its employees and shall not use the Patio Area for preparing food or any other retail purpose. No smoking shall be permitted in the Patio Area. Tenant’s use terms of the Patio Area shall be subject to such additional reasonable rules, regulations and restrictions as Landlord may make from time to time concerning the Patio Area. Except as expressly set forth in this Section 29.41, all of the terms, conditions, covenants, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant’s use thereof shall apply equally to the Patio Area and Tenant’s use thereof, including, without limitation, Tenant’s indemnity of Landlord set forth in Section 10.1, Tenant’s insurance obligations set forth in Article 10, and Tenant’s obligations to comply with Law set forth in Article 24; provided, however, the Patio Area shall not be deemed to be a part of the Premises for purposes of any abatement or termination rights under Articles 11 and 13. The license to use the Patio Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenant, and Landlord thereafter shall have the right to prevent Tenant’s access thereto. As used in this Section 29.41, “cause” shall include, without limitation, any of the following: (i) Landlord’s good faith determination that the license granted hereby and/or the use of the Patio Area creates a hazard or threatens the safety and/or security of persons or property or endangers or otherwise interferes with the use and occupancy of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or the Project, or constitutes a nuisance; (ii) the license granted hereby constitutes a violation of or otherwise conflicts with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated, or results in increased rates of insurance for the Building or Project; (iii) Tenant abandons or vacates all or a substantial portion of the Premises; (iv) this Lease is terminated for any reason; or (v) Tenant fails to comply with any of the terms, conditions, covenants, limitations or restrictions contained in this Section 29.41 or elsewhere in this Lease which apply to the Patio Area or Tenant’s use thereofMaster Declaration.

Patio Area. Subject to the terms and conditions contained in this Section 1.1.2 and elsewhere in this Lease, commencing as of the Lease Commencement Date, Tenant shall have the an exclusive license during the Lease Term to use the four (4) exterior that certain patio areas located area adjacent to and accessible from the Premises as more particularly shown on Exhibit A-2 attached hereto (individually and collectively, the “"Patio Area”) as depicted in Exhibit A attached hereto"). Tenant shall accept the Patio Area in its “"as-is” condition (except to the extent any improvements to such Patio Area are included in the Tenant Work Letter)" condition, and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Patio Area. Tenant shall have Area (other than the right, but not Landlord Work [as defined in the obligation, to partition two (2) of the exterior patio areas Work Letter attached hereto as depicted in Exhibit H attached heretoB]). Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Patio Area or the compliance of the Patio Area with any applicable Laws Applicable Laws, statutes, ordinances or other governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Any alteration Tenant shall have no right to alter, change or improvement make improvements to the Patio Area shall be made by Tenant at Tenant’s sole cost and expenseArea. However, subject to Landlord’s prior written approval (which approval shall not be unreasonably withheld, conditioned or delayed) and the terms of Article 8 above. Tenant shall have the right to place and maintain furniture (including, without limitation, chairs, tables, and/or trash receptacles) (collectively, “"Patio Furniture”") in the Patio Area subject to Landlord’s 's prior written approval of the same (which approval shall not be unreasonably withheld, conditioned or delayed)same. Notwithstanding Landlord’s 's approval of the Patio Furniture, Tenant shall remain solely liable for any liability arising out of the placement of the Patio Furniture in the Patio Area, and Landlord shall have no liability in connection therewith. Tenant shall keep the Patio Furniture in clean, safe, operable and first-class condition and repair and shall replace the same as necessary to comply with such standard. Tenant shall keep the Patio Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Patio Area. Tenant shall clean perform cleaning at such times during the Patio Area regularlyday as is reasonably appropriate, and shall power wash the Patio Area on an as needed basis. Tenant shall remove any Patio Furniture from the Patio Area upon the expiration or earlier termination of this Lease, or upon the termination of Tenant’s 's rights under this Section 29.411.1.2, and shall return the affected portion of the Patio Area to the condition the Patio Area would have been in had no such Patio Furniture been installed, reasonable wear and tear excepted. Tenant shall not be permitted to display any graphics, signs or insignias or the like in the Patio Area. Landlord shall have the right to make any improvements to the Patio Area or display any graphics, plants or other items from the Patio Area which it desires in its sole discretion in connection with overall Building or Project graphics or improvements. Tenant shall use the Patio Area solely for the seating of its employees and shall not use the Patio Area for preparing food or any other retail purpose. No smoking shall be permitted in the Patio Area. Tenant’s use of the Patio Area shall be subject to such additional reasonable rules, regulations and restrictions as Landlord may make from time to time concerning the Patio Area. Except as expressly set forth in this Section 29.41, all of the terms, conditions, covenants, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant’s use thereof shall apply equally to the Patio Area and Tenant’s use thereof, including, without limitation, Tenant’s indemnity of Landlord set forth in Section 10.1, Tenant’s insurance obligations set forth in Article 10, and Tenant’s obligations to comply with Law set forth in Article 24; provided, however, the Patio Area shall not be deemed to be a part of the Premises for purposes of any abatement or termination rights under Articles 11 and 13. The license to use the Patio Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenant, and Landlord thereafter shall have the right to prevent Tenant’s access thereto. As used in this Section 29.41, “cause” shall include, without limitation, any of the following: (i) Landlord’s good faith determination that the license granted hereby and/or the use of the Patio Area creates a hazard or threatens the safety and/or security of persons or property or endangers or otherwise interferes with the use and occupancy of the Building or Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Building or the Project, or constitutes a nuisance; (ii) the license granted hereby constitutes a violation of or otherwise conflicts with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated, or results in increased rates of insurance for the Building or Project; (iii) Tenant abandons or vacates all or a substantial portion of the Premises; (iv) this Lease is terminated for any reason; or (v) Tenant fails to comply with any of the terms, conditions, covenants, limitations or restrictions contained in this Section 29.41 or elsewhere in this Lease which apply to the Patio Area or Tenant’s use thereof.to