Common use of Patio Clause in Contracts

Patio. Tenant shall have the exclusive right to use that certain outdoor seating area as outlined on Exhibit A, attached hereto and incorporated herein by this reference ("Patio Area"). To the extent permitted by applicable law, Tenant shall be entitled to place furniture, umbrellas and other serving fixtures on the Patio Area for the use of their customers, subject to the prior approval of Landlord. Tenant shall place trash receptacles in such areas of the Patio Area as Landlord designates from time to time. Tenant shall empty such receptacles as reasonably required, but no less often than once a day. All property placed on the Patio Area by Tenant shall be high-quality, maintained in good condition, in keeping with the design of the Shopping Center and subject to Landlord's prior written approval. Landlord shall have no obligation to provide maintenance to the Patio Area. Tenant shall be responsible, at Tenant's sole cost and expense, to maintain the Patio Area and all of its personal property located thereon in a good, neat, clean, sanitary and safe condition, including snow removal, and shall keep the Patio Area free from trash, rubbish and dirt caused by its customers. Tenant's use of the Patio Area shall be subject to all terms and conditions of the Lease as if the Patio Area were a part of the Premises (including, without limitation, all insurance, liability and indemnification provisions of the Lease). In addition and without limitation to any other rights and remedies available to Landlord under this Lease, at law or in equity, if Tenant fails to adequately and timely perform its maintenance obligations hereunder, upon reasonable notice Landlord may perform any or ail of such obligations on behalf of Tenant and Tenant agrees to reimburse Landlord for the actual cost incurred thereof within ten (10) days after receipt of an invoice from Landlord

Patio. Tenant shall have the exclusive right right, subject to use that certain the conditions set forth herein, to utilize an area adjacent to the Premises as mutually approved by Landlord and Tenant for outdoor seating area as outlined on Exhibit A, attached hereto and incorporated herein by this reference ("Patio Area")) for its restaurant operations. To the extent permitted by applicable lawTenant, Tenant at its sole cost and expense, shall be entitled to place furnitureresponsible for obtaining all necessary approvals, umbrellas and other serving fixtures on the Patio Area license, permits, etc. (collectively, "approvals") for the use of their customers, subject to the prior approval of Landlord. Tenant shall place trash receptacles in such areas of the Patio Area as and Tenant acknowledges and agrees that Landlord designates from time has made no representation or warranty whatsoever that Tenant will be able to timeobtain such approvals. If Tenant utilizes the Patio Area, Tenant, at its sole cost and expense, shall empty such receptacles as reasonably required, but no less often than once a day. All property placed on be responsible for improving the Patio Area by Tenant and maintaining the Patio Area in accordance with the provisions of this Lease. All improvements to the Patio Area, as well as all Personal Property placed within the Patio Area (including, but not limited to the design, placement, and quantity of tables and chairs), shall be high-quality, maintained in good condition, in keeping with the design of the Shopping Center and subject to Landlord's prior written approvalapproval (which approval shall not be unreasonably withheld) and all costs associated therewith shall be Tenant's sole responsibility. Landlord In no event shall have the Patio Area be included in Tenant's Floor Area for purposes of computing Minimum Annual Rent and Additional Rent; provided, however, all references to "Premises" as contained in Articles 12, 13 and 14 of the Lease shall be deemed to include the Patio Area and all Gross Sales generated from or upon the Patio Area shall be included in Gross Sales. In no obligation to provide maintenance event shall any amplified sound whatsoever be permitted within, from, or to the Patio Area. Tenant shall be responsible, at Tenant's sole cost and expense, right to maintain use the Patio Area as provided herein shall be expressly subject to the requirements of the parties to the REA and all of its personal property located thereon applicable governmental agencies; in a goodthe event, neat, clean, sanitary and safe condition, including snow removal, and shall keep at any time during the Lease Term such Tenant's right to use the Patio Area free from trashis denied or revoked, rubbish and dirt caused by its customers. Tenant's use of the Patio Area shall be subject to all terms and conditions of the Lease as if the Patio Area were a part of the Premises (including, without limitation, all insurance, liability and indemnification provisions of the Lease). In addition and without limitation to any other rights and remedies available to Landlord under this Lease, at law or in equity, if Tenant fails to adequately and timely perform its maintenance obligations hereunder, cease immediately upon reasonable notice Landlord may perform any or ail of such obligations on behalf of Tenant and Tenant agrees to reimburse Landlord for the actual cost incurred thereof within ten (10) days after receipt of an invoice from Landlord.

Patio. Tenant shall have (a) Landlord conceptually approves of Tenant’s construction of a patio area in the location shown on the Space Plan (as defined in Section 2.1(a) of Exhibit “C”) (the “Patio”), for the exclusive use of Tenant, its employees and invitees. Notwithstanding Landlord’s approval of the Space Plan, Tenant’s right to use that certain outdoor seating area as outlined on Exhibit A, attached hereto and incorporated herein by this reference ("Patio Area"). To the extent permitted by applicable law, Tenant shall be entitled to place furniture, umbrellas and other serving fixtures on construct the Patio Area for the use of their customers, is subject to the prior approval of Landlord. Tenant shall place trash receptacles in such areas of the Patio Area as Landlord designates from time to time. Tenant shall empty such receptacles as reasonably required, but no less often than once a day. All property placed on the Patio Area by Tenant shall be high-quality, maintained in good condition, in keeping with the design of the Shopping Center and subject to Landlord's prior written approval. Landlord shall have no obligation to provide maintenance to the Patio Area. Tenant shall be responsibleTenant’s obtaining, at Tenant's its sole cost and expense, the approvals from the required governmental entities (including the City of Irvine, if applicable). Landlord shall, at no expense to maintain Landlord, reasonably cooperate with Tenant’s efforts to obtain such approvals, but Landlord makes no representation or warranty as to Tenant’s ability to obtain same. (b) All costs of any planning, construction and/or improvement in connection with the Patio Area shall be borne by Tenant. The submittal by Tenant and review and approval by Landlord of plans for the Patio shall be governed by Exhibit “C”; provided that the landscaping design for the Patio shall be consistent with the landscaping plan for the Project. Tenant may place, but shall seek Landlord’s advance written consent (not to be unreasonably withheld) to all proposed furniture, fixtures, umbrellas, large plants or other large material items of its personal property located thereon in a good, neat, clean, sanitary and safe condition, including snow removalany kind whatsoever which Tenant desires to place on the Patio, and the general configuration thereof. (c) Tenant acknowledges that Landlord has an interest in maintaining control over the exterior appearance of the Building Property in order to preserve the image and reputation of the Building as a first class office building. Tenant agrees, therefore, that Landlord shall keep have the right to approve or reasonably withhold approval of any furniture, fixtures, plants or other items that Tenant desires to place on the Patio, and the configuration thereof, on such grounds. In determining whether to approve such items, Landlord may consider such factors as, without limitation, which Tenant agrees are reasonable factors, (i) whether such items are compatible with a first-class project and its appearance to the public, (ii) the impact of such items on the overall ambience and atmosphere of the Project, and (iii) whether such items are compatible with the appearance of the Building’s exterior. Tenant shall not be permitted to display any graphics, signs or insignias or the like on the Patio Area free from trashwithout Landlord’s consent. (d) The cleaning and landscape maintenance for the Patio shall be performed by Landlord’s contractors, rubbish and dirt caused by included in Operating Expenses. Landlord shall be entitled to reasonable access to the Patio in order to fulfill its customers. responsibility with respect to maintenance and landscape maintenance and perform its other obligations under this Lease, and Landlord shall be entitled to access the Patio at any time and to the extent reasonably necessary in the event of an emergency. (e) Tenant's ’s use of the Patio Area shall shall, at all times, be subject to all terms and conditions consistent with a first-class commercial office project (by way of example, uses of the Lease as if the Patio Area were a part of the Premises (includingmay include, without limitation, all insurance, liability office meetings and indemnification provisions luncheons). Without limiting the generality of the Lease)foregoing, the Patio shall not be used for weddings, wedding receptions, proms, bar mitzvahs, or other events inconsistent with a first-class commercial office project. In addition Compliance with all rules, regulations, statutes and without limitation laws of any governmental agency pertaining to any other rights and remedies available to Tenant’s use of the Patio will be the sole responsibility of Tenant. (f) Promptly following the substantial completion of the Patio, Tenant shall furnish Landlord under with evidence that Tenant’s current insurance coverages, per the terms of this Lease, at law or in equity, if Tenant fails are extended to adequately and timely perform its maintenance obligations hereunder, upon reasonable notice Landlord may perform any or ail of such obligations on behalf of Tenant and Tenant agrees to reimburse Landlord for cover the actual cost incurred thereof within ten (10) days after receipt of an invoice from LandlordPatio.

Patio. A. Landlord hereby demises and leases to Tenant, and Tenant shall have hereby accepts and leases from Landlord, commencing on the exclusive right date hereof and ending on the Termination Date, certain space contiguous to use that certain outdoor seating area the ground floor of the Building, as outlined on Exhibit A, A attached hereto and incorporated herein by this reference made a part hereof ("the “Patio Area"Space”). To the extent permitted by applicable lawExcept as specifically set forth in this Paragraph 73, Tenant all terms and conditions of this Lease shall be entitled apply to place furniture, umbrellas and other serving fixtures on the Patio Area for Space as if the use Patio Space were part of their customersthe Leased Premises, subject and all references to the Leased Premises contained herein, shall, where applicable, be deemed to be references to the Leased Premises and the Patio Space. B. Tenant shall, at its sole cost and expense, cause to be constructed and/or installed (i) a patio within the Patio Space (the “Patio”), and (ii) all of the other improvements and landscaping depicted or identified in the plans (the “Plans”) dated July 5, 1991 and attached hereto as Exhibit “A”, with the exception of Tenant’s logo which shall not be constructed (collectively, the “Improvements”). The Plans may not be further amended without the prior approval written consent of Landlord. Tenant shall place trash receptacles in such areas cause the construction of the Patio Area as Landlord designates from time Improvements to time. Tenant shall empty such receptacles as reasonably required, but no less often than once a daycommence promptly after the date hereof and to be prosecuted with due diligence until completion. All property placed on of the Patio Area by Tenant Improvements shall be highsub-qualityconstructed by Concrete Structures, maintained Inc. The landscaping required by the Plans shall be installed by a sub-contractor approved by Landlord in good conditionwriting. The exterior lighting which is to be installed pursuant to the Plans shall be controlled through the Building’s automation system. Upon completion of the Improvements, any adjoining property or land, including but not limited to landscaping, which is disturbed, altered, damaged or destroyed in keeping connection with the design construction or installation of the Shopping Center and subject to Landlord's prior written approval. Landlord shall have no obligation to provide maintenance to the Patio Area. Tenant Improvements shall be responsiblerestored by Tenant, at Tenant's its sole cost and expense, to the condition which existed immediately prior to the commencement of construction or installation of the Improvements, as reasonably determined by Landlord. The transplanting of any trees which is required in connection with the construction or installation of the Improvements shall be performed under the direct supervision of Landlord but at Tenant’s sole cost and expense. Upon completion of the Improvements, the existing irrigation system shall be restored by Tenant, at its sole cost and expense, to proper operating condition, as reasonably determined by Landlord. Tenant shall, at its sole cost and expense, cause a minimum of two taps off of the irrigation system to be installed for the purpose of permitting hand watering. Tenant shall, at its sole cost and expense and at all times during the term of the Lease, maintain the card reader to be installed at the Patio Area door pursuant to the Plans in proper operating condition and in compliance with Itasca Fire Department requirements. The installation of the card reader must include Building standard locking hardware that will be keyed to the Building master system. Tenant shall assure Landlord, in Landlord’s determination, that Landlord will have access to the Patio from the Patio door. The construction and installation of the Improvements and the other work required to be performed by Tenant pursuant to this Subparagraph B are collectively referred to herein as the “Work.” C. Tenant shall, at its sole cost and expense, obtain all permits, licenses, authorizations and approvals of all governmental authorities necessary to construct, occupy and use the Improvements or to otherwise perform the Work. All of the Improvements and the performance of the Work shall, at Tenant’s sole cost and expense, comply with all applicable laws, statutes, ordinances, codes, rules and regulations and the local Board of Fire Underwriters (the “Laws”). Tenant shall cause the Work to be completed in a lien-free manner and shall immediately discharge of record (or bond over to the satisfaction of Landlord’s title insurance company) any liens which arise out of the performance of any portion of the Work. Tenant shall cause the Work to be performed in such a manner so as to minimize interference with the use and occupancy of the Building by Landlord or other tenants. D. At all times prior to the completion of the Work, Tenant shall, at its sole cost and expense, maintain or cause to be maintained a policy of Builder’s Risk Insurance covering the Building. Such insurance policy shall (i) be in form and substance reasonably satisfactory to Landlord, (ii) name Landlord as an additional insured and (iii) provide that Landlord will receive 30 days’ written notice prior to the cancellation or material modification of such policy. E. Tenant hereby indemnifies and holds Landlord harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including but not limited to attorney’s fees, asserted against or incurred by Landlord which arise out of or relate in any manner whatsoever to the Work except for any of the foregoing which are directly attributable to Landlord’s gross negligence or willful misconduct. Tenant shall pay all costs associated with or incurred in connection with the Work, including but not limited to all costs required to obtain the approval of Landlord, the holder of any mortgage encumbering the Building and Xxxxxxxx Lakes Property Owners’ Association to the construction and installation of the Improvements. F. At or prior to the completion of the Work, Tenant shall deliver to Landlord a warranty, in form and substance reasonably satisfactory to Landlord, from Vistawall (or such other person or entity which furnishes the patio door shown on the Plans if Vistawall fails to furnish the same) that the patio door will be air and water tight. The warranty shall expressly provide that it runs in favor of Landlord. G. Tenant shall, at its sole cost and expense, decorate the interior of the Patio Space with furniture, furnishings and trash receptacles, the design and appearance of which shall be approved by Landlord, which approval shall not be unreasonably withheld. H. Tenant shall not be required to permit Landlord and other Building Tenants and their respective employees to have access to and to use the Patio Space on an individual basis for the purpose of eating breakfast and lunch and taking “coffee breaks”. However, to the extent Tenant elects not to permit such use, Tenant shall be solely responsible for enforcing such election and Landlord shall bear no responsibility for such enforcement, other than to encourage the compliance of its personal property located thereon own employees with this restriction. I. Tenant shall not permit any beer, wine or liquor to be served from or consumed upon the Patio Space unless (i) Tenant has obtained all licenses, permits and other governmental authorizations necessary to permit such service or consumption and has otherwise complied with all Laws relating to the service and consumption of beer, wine and liquor, and (ii) maintains dramshop insurance which (A) is in a goodform and substance satisfactory to Landlord, neat(B) names Landlord as an additional insured, cleanand (C) provides that Landlord shall receive 30 days’ written notice prior to the cancellation or material modification of such policy. In the event alcoholic beverages are made available or consumed within the Patio Space during any party, sanitary reception or similar function, the party sponsoring such party, reception or similar function shall be required to indemnify, defend, protect and safe conditionhold Landlord or Tenant, or Landlord and Tenant, as the case may be, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including snow removalbut not limited to attorneys’ fees, asserted against or incurred by Landlord and shall keep Tenant or Landlord or Tenant, as the Patio Area free from trashcase may be, rubbish and dirt caused by its customers. Tenant's which arise out of or related in any manner whatsoever to the use of the Patio Area shall be subject Space, including the consumption of alcoholic beverages thereon. J. Notwithstanding anything to all terms the contrary contained in the Lease, Landlord shall, at Tenant’s sole cost and conditions of the Lease as if expense, maintain the Patio Area were and Patio Space and keep the same in good condition and repair. Such maintenance shall include (i) janitorial maintenance, which shall consist of trash removal twice a part of the Premises day, Monday through Friday, and general cleaning each evening, Monday through Friday, (including, without limitation, all insurance, liability ii) light bulb replacement and indemnification provisions of the Lease)(iii) landscape maintenance. In addition and without limitation to any other rights and remedies available to Landlord under this Lease, at law or in equity, if Tenant fails to adequately and timely perform its maintenance obligations hereunder, upon reasonable notice Landlord may perform any or ail of such obligations on behalf of Tenant and Tenant agrees to shall reimburse Landlord for all costs incurred by Landlord pursuant to this Paragraph J on a monthly basis in the actual cost incurred thereof within ten (10) days after receipt of an invoice from Landlordsame manner and at the same times as common area maintenance charges are paid by Tenant pursuant to the Lease.