Common use of Rights Reserved to City Clause in Contracts

Rights Reserved to City. Notwithstanding anything to the contrary in this Lease, City reserves and retains all of the following rights relating to the Premises at all times: (a) Any and all water and water rights, including, but not limited to (i) any and all surface water and surface water rights, including, without limitation, riparian rights and appropriative water rights to surface streams and the underflow of streams, and (ii) any and all groundwater and subterranean water rights, including, without limitation, the right to export percolating groundwater for use by City or its water customers; (b) Any and all timber and timber rights, including, without limitation, all standing trees and downed timber; (c) Any and all minerals and mineral rights of every kind and character now known to exist or hereafter discovered in the Premises, including, but not limited to, oil and gas (d) All rights to use, operate, maintain, repair, enlarge, modify, expand, replace and reconstruct any Department Facilities; (e) The right to grant future easements and rights of way over, across, under, in and upon the Premises as City shall determine to be in the public interest, provided that any such easement or right-of-way will be conditioned upon the grantee's assumption of liability to Tenant for damage to its property that Tenant may sustain under this Lease as a result of the grantee's use of such easement or right of way; (f) Without limiting the generality of Section 3.2(e) above, the right to grant future easements, rights of way, permits and/or licenses over, across, under, in and upon the Premises for the installation, operation, maintenance, repair and removal of (i) equipment for furnishing cellular telephone, radio or other telecommunications services, including, without limitation, antennas, radio, devices, cables and other equipment associated with a telecommunications cell site, and (ii) commercial billboards, signs and/or advertising kiosks, provided that any such easement or right-of-way shall not materially interfere with Tenant's use of the Premises under this Lease, and provided further that the grant of any such easement or right-of-way will be conditioned upon the grantee's assumption of liability to Tenant for damage to its property that Tenant may sustain under this Lease as a result of the grantee's use of such easement or right of way; and (g) All rights of access provided for in Article 20 below.

Rights Reserved to City. Notwithstanding anything to the contrary in this Lease, City reserves and retains all of the following rights relating to the Premises at all timesto: (a) Any and all All water and water rightsrights in the Premises and Common Areas, including, but not limited to (i) any and all surface water and surface water rights, including, without limitation, including riparian rights and appropriative water rights to surface streams and the underflow of streams, and (ii) any and all groundwater and subterranean water rights, including, without limitation, including the right to export percolating groundwater for use by City or its water customers; (b) Any and all timber and timber rights, including, without limitation, all standing trees and downed timber; (c) Any and all minerals and mineral rights Rights of every kind and character now known to exist or hereafter later discovered in in, on, or under the PremisesPremises and the Common Areas, including, but not limited to, oil and gas (d) All rights gas rights, together with the sole, exclusive, and perpetual right to useexplore for, operateremove, maintainand dispose of those minerals by any means or methods suitable to City or its successors and assigns, repairbut without entering upon or using the surface of the lands of the Premises and in such manner as not to damage the surface of the Premises or to interfere with the Permitted Use of the Premises by Tenant, enlarge, modify, expand, replace and reconstruct any Department Facilitieswithout Tenant’s prior written consent; (ec) The right to grant future easements and rights of rights-of-way over, across, under, in in, and upon the Premises Common Areas as City shall determine determines to be in the public interest, provided that any such easement or right-of-way will not interfere materially with Tenant’s Permitted Use of the Common Areas as authorized by this Lease, and provided that any such easement or right-of- way will be conditioned upon on the grantee's ’s assumption of liability to Tenant for damage to its property that Tenant may sustain under this Lease as a result of the grantee's ’s use of such easement or right of right-of- way; (fd) Without limiting the generality of Section 3.2(esubsection (c) above, the right to grant future easements, rights of rights-of-way, permits permits, and/or licenses over, across, under, in in, and upon the Premises Common Areas for the installation, operation, maintenance, repair repair, and removal of (i) equipment for furnishing cellular telephone, radio radio, or other telecommunications services, including, without limitation, including antennas, radio, devices, cables cables, and other equipment associated with a telecommunications cell site, and (ii) commercial billboards, signs signs, and/or advertising kiosks, provided that any such easement or right-of-way shall will not materially interfere with Tenant's use ’s Permitted Use of the Common Areas or Premises under as authorized by this Lease, and provided further that the grant of any such easement or right-of-way will be conditioned upon on the grantee's ’s assumption of liability to Tenant for damage to its property that Tenant may sustain under this Lease as a result of the grantee's ’s use of such easement or right-of-way; (e) Access to the Premises for itself and any of its designated Agents as follows: (i) on a regular basis without advance notice to supply any necessary or agreed-upon service provided by City under this Lease; (ii) on an occasional basis, at all reasonable times after giving Tenant reasonable advance written or oral notice, to show the Premises to prospective tenants or other interested parties; to post notices of non-responsibility; to conduct any environmental audit of Tenant’s use of the Premises; to repair, alter, or improve any part of the Premises; and for any other lawful purpose; and (iii) on an emergency basis without notice whenever City believes that emergency access is required. City will have the right to use any means that it deems proper to open doors in an emergency to obtain access to any part of waythe Premises, and that entry will not be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion of the Premises. Tenant will not alter any lock or install any new or additional locking devices without City’s prior written consent. All locks installed in the Premises will be keyed to the Building master key system, and City will at all times have a key with which to unlock all doors in the Premises (excluding Tenant’s vaults, safes, or special security areas, if any, designated by Tenant in writing to City)) will be keyed to the Property master key system, and City will at all times have a key with which to unlock all such doors; (f) The right to enter the Common Areas without notice, to inspect, use, install, construct, repair, maintain, operate, replace, and remove the SFPUC Facilities or any other public utility facilities; andprovided that City will provide Tenant with sixty (60) days’ prior written notice for any nonemergency activity that may disrupt Tenant’s use of the Premises or Common Areas. City may give such advance notice by written correspondence or email, to Tenant’s Key Contact. City will bear the expense of any such activities, unless the need is occasioned by the acts, omissions, or negligence of Tenant, its Agents, or its Invitees. City will not be responsible for any temporary loss or disruption of Tenant’s use of the Premises or Common Areas occasioned by any such facility installations or other activities. In addition, City may use the Common Areas to access City’s Adjacent Land. (g) All rights Subject to the terms and conditions of access this Lease, City will use its reasonable good faith efforts to conduct any activities on the Premises or Common Areas described under this Section in a manner that, to the extent practicable, will minimize any disruption to Tenant’s use of the Premises and Common Areas under this Lease, provided that such efforts do not materially increase the cost to City for in Article 20 belowsuch installations or activities.

Rights Reserved to City. Notwithstanding anything to the contrary in this Lease, but without limiting any specific rights of abatement Lessee may have pursuant to Section 31, City reserves and retains all of the following rights relating to the Premises at all times: (a) Any and all water and water rights, including, but not limited to (i) any and all surface water and surface water rights, including, without limitation, riparian rights and appropriative water rights to surface streams and the underflow of streams, and (ii) any and all groundwater and subterranean water rights, including, without limitation, the right to export percolating groundwater for use by City or its water customers; (b) Any and all timber and timber rights, including, without limitation, all standing trees and downed timber; (c) Any and all minerals and mineral rights of every kind and character now known to exist or hereafter discovered in the Premises, including, but not limited to, oil and gasgas and rights thereto, together with the sole, exclusive, and perpetual right to explore for, remove, and dispose of those minerals by any means or methods suitable to City or its successors and assigns, but without entering upon or using the surface of the lands of the Premises and in such manner as not to damage the surface of the Premises or to interfere with the permitted use thereof by Lessee, without Lessee's prior written consent; (d) All rights to use, operate, maintain, repair, enlarge, modify, expand, replace and reconstruct any Department Facilities; (e) The right to grant future easements and rights of way over, across, under, in and upon the Premises as City shall determine to be in the public interest, provided that any such easement or right-of-way will shall be conditioned upon the grantee's assumption of liability to Tenant Lessee for damage to its property that Tenant Lessee may sustain under this Lease hereunder as a result of the grantee's use of such easement or right of way; (f) Without limiting the generality of Section 3.2(e) above, the right to grant future easements, rights of way, permits and/or licenses over, across, under, in and upon the Premises for the installation, operation, maintenance, repair and removal of (i) equipment for furnishing cellular telephone, radio or other telecommunications services, including, without limitation, antennas, radio, devices, cables and other equipment associated with a telecommunications cell site, and (ii) commercial billboards, signs and/or advertising kiosks, provided that any such easement or right-of-way shall not materially interfere with TenantLessee's use of the Premises under this Leasehereunder, and provided further that the grant of any such easement or right-of-of- way will shall be conditioned upon the grantee's assumption of liability to Tenant Lessee for damage to its property that Tenant Lessee may sustain under this Lease hereunder as a result of the grantee's use of such easement or right of way; and (g) All rights of access provided for in Article 20 below.

Rights Reserved to City. Notwithstanding anything to the contrary in this Lease, City reserves and retains all of the following rights relating to the Premises at all times: (a) Any and all water and water rights, including, but not limited to (i) any and all surface water and surface water rights, including, without limitation, riparian rights and appropriative water rights to surface streams and the underflow of streams, and (ii) any and all groundwater and subterranean water rights, including, without limitation, the right to export percolating groundwater for use by City or its water customers; (b) Any and all timber and timber rights, including, without limitation, all standing trees and downed timber; (c) Any and all minerals and mineral rights of every kind and character now known to exist or hereafter discovered in the Premises, including, but not limited to, oil and gasgas and rights thereto, together with the sole, exclusive, and perpetual right to explore for, remove, and dispose of those minerals by any means or methods suitable to City or its successors and assigns, but without entering upon or using the surface of the lands of the Premises and in such manner as not to damage the surface of the Premises or to interfere with the permitted use thereof by Lessee, without Lessee's prior written consent; (d) All rights to use, operate, maintain, repair, enlarge, modify, expand, replace and reconstruct any Department Facilities; (e) The right to grant future easements and rights of way over, across, under, in and upon the Premises as City shall determine to be in the public interest, provided that any such easement or right-of-way will shall be conditioned upon the grantee's assumption of liability to Tenant Lessee for damage to its property that Tenant Lessee may sustain under this Lease hereunder as a result of the grantee's use of such easement or right of way; (f) Without limiting the generality of Section 3.2(e) above, the right to grant future easements, rights of way, permits and/or licenses over, across, under, in and upon the Premises for the installation, operation, maintenance, repair and removal of (i) equipment for furnishing cellular telephone, radio or other telecommunications services, including, without limitation, antennas, radio, devices, cables and other equipment associated with a telecommunications cell site, and (ii) commercial billboards, signs and/or advertising kiosks, provided that any such easement or right-of-way shall not materially interfere with TenantLessee's use of the Premises under this Leasehereunder, and provided further that the grant of any such easement or right-of-way will shall be conditioned upon the grantee's assumption of liability to Tenant Lessee for damage to its property that Tenant Lessee may sustain under this Lease hereunder as a result of the grantee's use of such easement or right of way; and (g) All rights of access provided for in Article 20 below.