Common use of Rights in Common Areas Clause in Contracts

Rights in Common Areas. Landlord grants to Tenant and to Tenant's, agents, employees and invitees a non-exclusive license during the Term (as defined in Section 3.1) to use all areas and facilities outside the Premises and within the Building and Project designated by Landlord from time to time as common areas (collectively, the “Common Areas”), subject to the terms and conditions of this Lease; provided that Common Areas shall not include any portion of the Project currently leased or available for lease, which rentable areas shall be either maintained by the tenants thereof in accordance with maintenance obligations consistent with Section 7.1 of this Lease, or maintained by Landlord at its sole cost and expense and not as an Operating Expense of the Project. Without any liability to Tenant, at any time during the Term, Landlord shall have the right to: (a) close off any of the Common Areas to the extent reasonably required in Landlord’s opinion to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) temporarily close any of the Common Areas for maintenance, alteration or improvement purposes; (c) select or contract with any person for the purpose of operating and maintaining the Common Areas, subject to such terms and rates as Landlord deems reasonable; (d) change the size, use, shape or nature of any portions of the Common Areas, including the right to change the arrangement and/or location of, or to regulate or eliminate the use of, any parking spaces, garage, elevators, stairs, toilets or other public conveniences in the Project (provided that such changes shall not unreasonably interfere with Tenant’s use and access to the Premises, the visibility of the Premises or materially reduce the parking ratio at the Project, unless required to comply with applicable Laws); and (e) erect additional buildings on the Common Areas, expand buildings to cover a portion of the Common Areas, convert Common Areas to a portion of the Building or other buildings (provided that such conversion does not materially and adversely affect the parking ratio at the Project or Tenant’s access to the Premises or the visibility of the Premises), or convert any portion of the Building or such other buildings to Common Areas. Upon erection of any additional buildings, the portion of the Project upon which buildings have been erected will no longer be deemed to be a part of the Common Areas. In the event of any of the foregoing, Landlord may make an appropriate adjustment in the total RSF of the Project, and a corresponding adjustment to Tenant's Share (as defined in Section 4.2(e)(iii)). Subject to Section 9 of the Lease and Tenant’s rights in the event of an Abatement Event, Landlord’s exercise of the foregoing rights shall not entitle Tenant to any abatement of rent nor shall the same constitute an actual or constructive eviction of Tenant; however, Landlord shall (except in an emergency) take reasonable steps to minimize interference with Tenant’s business while exercising such rights.

Rights in Common Areas. Landlord grants to Tenant and to Tenant's’s employees, agents, employees invitees and invitees licensees a non-exclusive license during the Term (as defined in Section 3.1) to use all areas and facilities outside the Premises and within the Building and Project designated by Landlord from time to time as common areas (collectively, the “Common Areas”), subject to the terms and conditions of this Lease; provided . Tenant acknowledges that Common Areas shall not include any portion others, including without limitation Landlord and other tenants of the Project currently leased or available for leaseBuilding and Project, which rentable areas shall and their respective employees, invitees and visitors, and other persons authorized by Landlord, will also be either maintained by entitled to use the tenants thereof in accordance with maintenance obligations consistent with Section 7.1 of this Lease, or maintained by Landlord at its sole cost and expense and not as an Operating Expense of the ProjectCommon Areas. Without advance notice to Tenant and without any liability to Tenant, at Tenant in any time during the Termrespect, Landlord shall have the right to: : (a) close Establish and enforce reasonable rules and regulations concerning the maintenance, management, use and operation of the Common Areas. Initials: PD/VV KH/MN (b) Close off any of the Common Areas to the whatever extent reasonably required in Landlord’s the opinion of Landlord and its counsel to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; , provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Premises. (bc) temporarily Temporarily close any of the Common Areas for maintenance, alteration or improvement purposes; . (cd) select Select, appoint or contract with any person for the purpose of operating and maintaining the Common Areas, subject to such terms and at such rates as Landlord deems reasonable; reasonable and proper. (de) change Change the size, use, shape or nature of any portions of the Common Areas, including provided such change does not deprive Tenant of the reasonable benefit and enjoyment of the Premises. So long as Tenant is not thus deprived of the reasonable use and benefit of the Premises, Landlord will also have the right at any time to change the arrangement and/or or location of, or both, or to regulate or eliminate the use of, any concourse, parking spaces, garage, or any elevators, stairs, toilets or other public conveniences in the Project (provided that such changes shall not unreasonably interfere with Tenant’s use and access to the Premises, the visibility of the Premises or materially reduce the parking ratio at the Project, unless required without incurring any liability to comply with applicable Laws); Tenant or entitling Tenant to any abatement of rent, and such action will not constitute an actual or constructive eviction of Tenant. (ef) erect Erect one or more additional buildings on the Common Areas, expand the existing buildings or other buildings to cover a portion of the Common Areas, convert Common Areas to a portion of the Building or other buildings (provided that such conversion does not materially and adversely affect the parking ratio at the Project or Tenant’s access to the Premises or the visibility of the Premises)buildings, or convert any portion of the Building or such other buildings to Common Areas. Upon erection of any additional buildingsbuildings or change in the Common Areas, the portion of the Project upon which buildings or structures have been erected will no longer be deemed to be a part of the Common Areas. In the event of any such changes in the size or use of the foregoingCommon Areas of the Project, Landlord may make an appropriate adjustment in the total RSF Building’s or any other buildings’ pro rata share of exterior Common Areas of the ProjectProject as appropriate, and a corresponding adjustment to Tenant's ’s Share (as defined in Section 4.2(e)(iii)). Subject to Section 9 of the Lease and Tenant’s rights in the event of an Abatement Event, Landlord’s exercise of the foregoing rights shall not entitle Tenant to any abatement of rent nor shall the same constitute an actual or constructive eviction of Tenant; however, Landlord shall (except in an emergency) take reasonable steps to minimize interference with Tenant’s business while exercising such rightsOperating Expenses.

Rights in Common Areas. Landlord grants to Tenant and to Tenant's’s employees, agents, employees invitees and invitees licensees a non-exclusive license during the Term (as defined in Section 3.1) to use all areas and facilities outside the Premises and within the Building and Project designated by Landlord from time to time as common areas (collectively, the “Common Areas”), subject to the terms and conditions of this Lease; provided . Tenant acknowledges that Common Areas shall not include any portion others, including without limitation Landlord and other tenants of the Project currently leased or available for leaseBuilding and Project, which rentable areas shall and their respective employees, invitees and visitors, and other persons authorized by Landlord, will also be either maintained by entitled to use the tenants thereof in accordance with maintenance obligations consistent with Section 7.1 of this Lease, or maintained by Landlord at its sole cost and expense and not as an Operating Expense of the ProjectCommon Areas. Without advance notice to Tenant and without any liability to Tenant, at Tenant in any time during the Termrespect, Landlord shall have the right to: : (a) close Establish and enforce reasonable rules and regulations concerning the maintenance, management, use and operation of the Common Areas. (b) Close off any of the Common Areas to the extent reasonably required in Landlord’s the opinion of Landlord and its counsel to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; , provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Premises, its parking rights and reasonable access to the Premises. (bc) temporarily Temporarily close any of the Common Areas for maintenance, alteration or improvement purposes; . (cd) select Select, appoint or contract with any person for the purpose of operating and maintaining the Common Areas, subject to such terms and at such rates as Landlord deems reasonable; reasonable and proper. (de) change Change the size, use, shape or nature of any portions of the Common Areas, including provided such change does not deprive Tenant of the reasonable benefit and enjoyment of the Premises, its parking rights or reasonable access to the Premises. So long as Tenant is not thus deprived of the reasonable use and benefit of the Premises, Landlord will also have the right at any time to change the arrangement and/or or location of, or both, or to regulate or eliminate the use of, any concourse, parking spaces, garage, or any elevators, stairs, toilets or other public conveniences in the Project (provided that such changes shall not unreasonably interfere with Tenant’s use and access to the Premises, the visibility of the Premises or materially reduce the parking ratio at the Project, unless required without incurring any liability to comply with applicable Laws); Tenant or entitling Tenant to any abatement of rent, and such action will not constitute an actual or constructive eviction of Tenant. (ef) erect Erect one or more additional buildings on the Common Areas, expand the existing buildings or other buildings to cover a portion of the Common Areas, convert Common Areas to a portion of the Building or other buildings, or convert any portion of such other buildings (to Common Areas, provided that such conversion does not materially and adversely affect result in the parking ratio at the Project or reduction of Tenant’s parking rights or alter access to the Premises or the visibility of the Premises), or convert any portion of the Building or such other buildings to Common Areas. Upon erection of any additional buildingsbuildings or change in the Common Areas, the portion of the Project upon which buildings or structures have been erected will no longer be deemed to be a part of the Common Areas. In the event of any such changes in the size or use of the foregoingCommon Areas of the Project, Landlord may shall make an appropriate adjustment in the total RSF Building’s or any other buildings’ pro rata share of exterior Common Areas of the ProjectProject as appropriate, and a corresponding adjustment to Tenant's ’s Share (as defined in Section 4.2(e)(iii)). Subject to Section 9 of the Lease and Tenant’s rights in the event of an Abatement Event, Landlord’s exercise of the foregoing rights shall not entitle Tenant to any abatement of rent nor shall the same constitute an actual or constructive eviction of Tenant; however, Landlord shall (except in an emergency) take reasonable steps to minimize interference with Tenant’s business while exercising such rightsOperating Expenses.

Rights in Common Areas. Landlord grants to Tenant and to Tenant's's employees, agents, employees invitees and invitees licensees a non-exclusive license during the Term (as defined in Section 3.1) to use all areas and facilities outside the Premises and within the Building and Project designated by Landlord from time to time as common areas (collectively, the “Common Areas”), subject to the terms and conditions of this Lease; provided . Tenant acknowledges that Common Areas shall not include any portion others, including without limitation Landlord and other tenants of the Project currently leased or available for leaseBuilding and Project, which rentable areas shall and their respective employees, invitees and visitors, and other persons authorized by Landlord, will also be either maintained by entitled to use the tenants thereof in accordance with maintenance obligations consistent with Section 7.1 of this Lease, or maintained by Landlord at its sole cost and expense and not as an Operating Expense of the ProjectCommon Areas. Without advance notice to Tenant and without any liability to Tenant, at Tenant in any time during the Termrespect, Landlord shall have the right to: : (a) close Establish and enforce reasonable rules and regulations concerning the maintenance, management, use and operation of the Common Areas. (b) Close off any of the Common Areas to the whatever extent reasonably required in Landlord’s the opinion of Landlord and its counsel to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; , provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Premises. (bc) temporarily Temporarily close any of the Common Areas for maintenance, alteration or improvement purposes; . (cd) select Select, appoint or contract with any person for the purpose of operating and maintaining the Common Areas, subject to such terms and at such rates as Landlord deems reasonable; reasonable and proper. (de) change Change the size, use, shape or nature of any portions of the Common Areas, including provided such change does not deprive Tenant of the reasonable benefit and enjoyment of the Premises. So long as Tenant is not thus deprived of the reasonable use and benefit of the Premises, Landlord will also have the right at any time to change the arrangement and/or or location of, or both, or to regulate or eliminate the use of, any concourse, parking spaces, garage, or any elevators, stairs, toilets or other public conveniences in the Project (provided that such changes shall not unreasonably interfere with Tenant’s use and access to the Premises, the visibility of the Premises or materially reduce the parking ratio at the Project, unless required without incurring any liability to comply with applicable Laws); Tenant or entitling Tenant to any abatement of rent, and such action will not constitute an actual or constructive eviction of Tenant. (ef) erect Erect one or more additional buildings on the Common Areas, expand the existing buildings or other buildings to cover a portion of the Common Areas, convert Common Areas to a portion of the Building or other buildings (provided that such conversion does not materially and adversely affect the parking ratio at the Project or Tenant’s access to the Premises or the visibility of the Premises)buildings, or convert any portion of the Building or such other buildings to Common Areas. Upon erection of any additional buildingsbuildings or change in the Common Areas, the portion of the Project upon which buildings or structures have been erected will no longer be deemed to be a part of the Common Areas. In the event of any such changes in the size or use of the foregoingCommon Areas of the Project, Landlord may make an appropriate adjustment in the total RSF Building's or any other buildings' pro rata share of exterior Common Areas of the ProjectProject as appropriate, and a corresponding adjustment to Tenant's Share (as defined in Section 4.2(e)(iii)). Subject to Section 9 of the Lease and Tenant’s rights in the event of an Abatement Event, Landlord’s exercise of the foregoing rights shall not entitle Tenant to any abatement of rent nor shall the same constitute an actual or constructive eviction of Tenant; however, Landlord shall (except in an emergency) take reasonable steps to minimize interference with Tenant’s business while exercising such rightsOperating Expenses.