Amenities Each Purchaser of an Interval has and will have access to and the full use and enjoyment of all of the Common Elements and public utilities of the Resort in which such interval is located, all in accordance with the Declaration and Timeshare Documents.
Restrooms The restrooms, toilets, urinals, vanities and the other apparatus shall not be used for any purpose other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the Tenant whom, or whose employees or invitees, shall have caused it.
Fitness Center Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx. The use of the Fitness Center shall be subject to the rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operator. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.
Elevators Landlord shall provide passenger elevator service during normal business hours to Tenant in common with Landlord and all other tenants. Landlord shall provide limited passenger service at other times, except in case of an emergency.
Parking Throughout the Lease Term, Tenant shall have the exclusive right to use, free of charges, the number of parking spaces set forth in Section 12 of the Summary, which parking spaces constitute the entirety of the parking under the Building and the adjacent surface parking, being all of the parking in the Project. Tenant shall comply with the Parking Rules and Regulations which are in effect on the date hereof, as set forth in the attached Exhibit D and all reasonable modifications and additions thereto which are prescribed from time to time for the orderly operation and use of the Parking Areas by Landlord, and/or Landlord’s Parking Operator (as defined below); provided that such modifications or alterations do not effect Tenant’s use of or access to the Parking Areas. Landlord specifically reserve the right to change the size, configuration, design, layout, of the Parking Areas, and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Parking Areas, so long as Tenant retains access to the number of parking spaces set forth in Section 12 of the Summary. Landlord may delegate its responsibilities hereunder to a parking operator (the “Parking Operator”) in which case the Parking Operator shall have all the rights of control attributed hereby to Landlord. Any parking tax or other charges imposed by governmental authorities in connection with the use of such parking shall be paid directly by Tenant or the parking users, or, if directly imposed against Landlord, Tenant shall reimburse Landlord for all such taxes and/or charges within thirty (30) days after Landlord’s demand therefor. The parking rights provided to Tenant pursuant to this Article 23 are provided solely for use by Tenant’s own personnel visitors and invitees and such rights may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval, except in connection with an assignment of this Lease or sublease of the Premises made in accordance with Article 14 above.
Parking Facilities All parking areas now or hereafter made available by Landlord for use by tenants, including, without limitation, open-air parking, parking decks and parking areas under or within the Building, whether reserved, exclusive, non-exclusive or otherwise.
Keys All of the keys to any door or lock on the Property in Seller’s possession, if any; and
Cafeteria Incidental to the Permitted Use, Tenant shall have the right, but not the obligation, at its expense and in accordance with applicable laws and the provisions of this Paragraph 6.B, to use a portion of the Premises for the installation and operation of a cafeteria located on one Floor for use by Tenant and its employees in the Premises (the “Cafeteria”). The Cafeteria shall be located in a mutually agreeable location within the Premises selected by Tenant with Landlord’s reasonable approval. Landlord hereby approves the portion of the Premises located on the ground Floor and the second Floor for the installation of the Cafeteria. The size of the Cafeteria shall be subject to Landlord’s prior written approval (which approval shall not be unreasonably withheld, conditioned or delayed). Landlord acknowledges and agrees that Tenant shall have no obligation to construct or to operate the Cafeteria. To the extent that Tenant operates the Cafeteria, such operation shall be in compliance with all applicable laws and Tenant shall obtain and maintain the approval of all applicable governmental authorities and all necessary permits and licenses from such applicable governmental authorities, to operate the Cafeteria. No cooking odors shall be emitted from the Premises other than through ventilation equipment and systems installed therein to service the Cafeteria in accordance with the provisions of this Paragraph 6.B. The Cafeteria shall be for the exclusive use of Tenant and its employees, contractors, licensees and invitees in the Premises, and in connection with Tenant’s use of the Cafeteria, Tenant shall not sell any food or beverages in or from the Premises at any time and/or serve any food and beverages in or from the Premises at any time to the general public. Prior to making any alterations or improvements to the Premises and installing any cooking, ventilation, air conditioning, grease traps, kitchen and other equipment in or for the Premises with respect to the Cafeteria (collectively, the “Cafeteria Facilities”), Tenant shall deliver to Landlord, for Landlord’s prior approval, which shall not be unreasonably withheld, conditioned or delayed (provided that it shall be deemed reasonable for Landlord to withhold its consent to the extent the Cafeteria does not comply with all applicable laws, or it adversely affects the structural elements of the Building or the Building Systems), detailed plans and specifications therefor, and Tenant shall only install such Cafeteria Facilities (and make any subsequent modifications thereto) as are approved by Landlord in accordance with such plans and specifications therefor approved by Landlord. Except as expressly set forth to the contrary in this Lease, all of the Cafeteria Facilities shall be installed by Tenant, at its expense (subject to application of the Allowance, as defined in Exhibit B attached hereto, provided, however, that in no event shall any portion of the Allowance be used for the purchase of equipment), subject to and in compliance with the provisions of Paragraph 7.A below (and, if applicable, Exhibit B attached hereto) and in compliance with all applicable laws and shall be considered Alterations (as defined below) and, if applicable, Tenant Improvements. The Cafeteria and the Cafeteria Facilities therein shall be maintained and operated by Tenant, at Tenant’s expense: (i) in first-class order, condition and repair; (ii) consistent with the character of the Building as a first class office building; and (iii) in compliance with all applicable laws, such reasonable and non-discriminatory rules and regulations as may be adopted by Landlord from time to time and provided to Tenant in writing, and the other provisions of this Lease. Tenant shall at its sole cost and expense keep, to the reasonable satisfaction of Landlord, the Cafeteria, the Cafeteria Facilities and the Premises free from vermin, rats, mice and insects, and, prior to the opening of the Cafeteria, obtain and maintain at all times during the Term, a service contract with a person or company approved by Landlord (which approval shall not be unreasonably withheld or delayed) for the extermination of vermin, rats, mice and insects in and about the Premises. Tenant shall deliver a copy of such service contract and all renewals to Landlord prior to the opening of the Cafeteria or, in the case of renewal or replacement contracts, prior to the termination or expiration of the prior contract. In addition, Tenant, at its sole cost and expense, shall procure and maintain in full force and effect, a contract (the “Cafeteria Facilities Service Contract”) for the service, maintenance, repair and replacement of the Cafeteria Facilities with a service and maintenance contracting firm (the “Cafeteria Facilities Service Firm”) reasonably acceptable to Landlord. Tenant shall follow all reasonable recommendations of said Cafeteria Facilities Service Firm for the maintenance, repair and replacement of the Cafeteria Facilities. The Cafeteria Facilities Service Contract shall provide that the Cafeteria Facilities Service Firm shall perform inspections of the Cafeteria Facilities at reasonable intervals of not less than three (3) months and that having made such inspections, said Cafeteria Facilities Service Firm shall furnish a complete report of any defective conditions found to be existing with respect to the Cafeteria Facilities, together with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Tenant with a copy to Landlord. Notwithstanding the foregoing, if Landlord reasonably believes that Tenant is not maintaining the Cafeteria and Cafeteria Facilities in the manner required under this Paragraph 6.B, Landlord shall have the right, upon not less than ten (10) days’ prior written notice to Tenant, to elect to enter into such Cafeteria Facilities Service Contract on behalf of Tenant through the Cafeteria Facilities Service Firm or another service and maintenance contracting firm designated by Landlord. In such event, Tenant shall pay for all costs incurred by Landlord in connection with the Cafeteria Facilities Service Contract within thirty (30) days of receiving an invoice therefor. Tenant shall have the sole responsibility, at its expense, for providing all janitorial service (including wet and dry trash removal) for and cleaning of the Cafeteria (and the Cafeteria Facilities therein), as well as all exhaust vents therefor, and shall pay for all cleaning costs incurred by Landlord in cleaning any affected portions of the Buildings or Project resulting from Tenant’s operation of the Cafeteria. In addition, Tenant shall pay for all increased costs incurred by Landlord with respect to the management, operation, maintenance and repair of the Building resulting from Tenant’s operation of the Cafeteria, within thirty (30) days of receiving an invoice therefor. Tenant’s removal and restoration obligations with respect to the Cafeteria and Cafeteria Facilities shall be determined pursuant to Paragraph 7.D below.
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.
Car 7.1 You will be provided you with a car of suitable age, make, model and specification during the continuance of your employment in accordance with the policy laid down by the Company from time to time and the Company shall pay all standing and running costs relating to it (including the cost of fuel for private mileage) but not any taxable benefit arising. You shall comply with all rules laid down by the Company in relation to Company vehicles, notify the Company immediately of any accident involving your car and of any charge brought against you for a motoring offence and, unless otherwise agreed, shall return the car to your place of work forthwith on termination of your employment.
