Use of Common Area. Tenant and its employees and invitees, and when duly authorized pursuant to the provisions of this Lease, its subtenants and licensees, shall have the nonexclusive right to use the Common Area (expressly excluding the roof of the building in the Project other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below [but otherwise subject to the provisions thereof]) as constituted from time to time, such use to be in common with Landlord, other tenants in the Project and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord's ability to establish rules and regulations governing all aspects of the Common Area, Tenant agrees as follows: (i) Tenant shall not take any action which would unreasonably interfere with the rights of other persons to use the Common Area. (ii) Landlord may temporarily close any part of the Common Area for such periods of time as may be necessary to make repairs or alterations or during construction or to prevent the public from obtaining prescriptive rights, provided that access to the Premises remains reasonably available and Landlord uses reasonable efforts to minimize any disruption to Tenant's use and enjoyment of the Premises and the parking to which it is entitled hereunder. (iii) With regard to the roof of the building in the Project, any use of the roof whatsoever is hereby exclusively reserved to Landlord for any and all purposes and in all respects in its reasonable discretion other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below (but otherwise subject to the provisions thereof). Landlord shall otherwise have the exclusive rights to use, possess, lease, alter, construct on, or otherwise manage the roof in its reasonable discretion. In performing Tenant's obligations pursuant to Article 9 and Section 30(p), Tenant shall take no action and Tenant will comply with all Landlord requirements in connection therewith that would invalidate any roof warranty.
Appears in 2 contracts
Samples: Lease (Cohu Inc), Agreement of Purchase and Sale (Cohu Inc)
Use of Common Area. Tenant shall, and shall cause its employees and guests, invitees, customers, service-providers, and when duly authorized pursuant to the provisions of this Leaselicensees (collectively, its subtenants “Tenant’s Invitees”) to, comply with all rules and licensees, shall have the nonexclusive right to use regulations regarding the Common Area (expressly excluding the roof of the building in the Project other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below [but otherwise subject to the provisions thereof]) as constituted from time to time, such use to be in common with Landlord, other tenants in the Project and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time prescriberime reasonably adopt. For example, and without limiting Landlord need not enforce the generality of Landlord's ability to establish rules and regulations governing all aspects against other tenants of the Project, but if Landlord enforces such rules, it must do so in a non-discriminatory manner. Tenant may not store any property in the Common Area, whether temporarily or permanently (except that Tenant agrees as follows:
(i) Tenant shall not take any action which would unreasonably interfere with may locate its generator on the rights of other persons generator pad to use be located in the Common Area.
(iiArea and designated by Landlord for Tenant’s use and, subject to reasonable approval of Landlord and the other tenant(s) of the Project, establish a reception desk in the lobby area of the Building). Any property stored in the Common Area in violation of the foregoing may be removed by Landlord and disposed of, and the cost of such removal, storage, and disposal is payable by Tenant on demand. Additionally, in no event may temporarily close Tenant use any part portion of the Common Area for loading, unloading, or parking, except in those areas specifically designated by Landlord for such periods purposes, nor for any sidewalk sale, advertising, or other commercial purpose. Tenant acknowledges the unique nature of time as the Common Area lobby. Although Tenant’s use of such special Common Area is subject to Landlord’s rules and regulations, Tenant recognizes that it may be necessary suffer conflicts with other tenant(s) within the Project. The intent of parties is that the lobby will allow for each tenant of the Project to locate its own employee for reception purposes or to make repairs or alterations or during construction or to prevent its own arrangements (of which Landlord will have no involvement) with the public from obtaining prescriptive rights, provided that access to the Premises remains reasonably available and Landlord uses reasonable efforts to minimize any disruption to Tenant's use and enjoyment other tenant(s) of the Premises Project for shared reception personnel. Tenant acknowledges that it specifically negotiated for the opportunity to have such special Common Area for its own economic purposes; and the parking to which it is entitled hereunder.
(iii) With regard to the roof Tenant assumes all liabilities and obligations and claims arising out of the building in the Project, any shared use of the roof whatsoever is hereby exclusively reserved to Common Area (and Tenant waives any rights or claims or actions it may have against Landlord for on account of any and all purposes and losses, liabilities, or damages suffered by Tenant in all respects in its reasonable discretion connection with the shared use of the Common Area) other than for Tenant as caused by Landlord’s gross negligence or willful conduct. The preceding sentence is not to comply with its repair and maintenance obligations under Article 9 below and except be interpreted as provided in Section 30(p) below (but otherwise subject to the provisions thereof). Landlord shall otherwise have the exclusive rights to use, possess, lease, alter, construct on, or otherwise manage the roof in its reasonable discretion. In performing creating any indemnity obligation by Tenant's obligations pursuant to Article 9 and Section 30(p), Tenant shall take no action and Tenant will comply with all Landlord requirements in connection therewith that would invalidate any roof warranty.
Appears in 2 contracts
Samples: Sublease Agreement (Anadys Pharmaceuticals Inc), Lease Agreement (Phenomix CORP)
Use of Common Area. Landlord agrees to cause to be operated, managed and maintained during the Term all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and stairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers, invitees, and the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants as prescribed from time to time by Landlord. In particular, Tenant and its employees and inviteesshall park their cars only in the areas specifically designated from time to time by Landlord for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, and when duly authorized pursuant to the provisions of this Lease, its subtenants and licensees, Landlord shall have the nonexclusive right to use cause the Common Area (expressly excluding vehicle to be towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for all towing charges. TENANT FURTHER AGREES TO HOLD HARMLESS LANDLORD AND DEFEND LANDLORD, ITS AGENTS AND EMPLOYEES AGAINST ANY AND ALL CLAIMS OF THE EMPLOYEE AND/OR OWNER OF THE VEHICLE TOWED. Landlord may at any time close temporarily any common area to make repairs or changes, to prevent the roof acquisition of public rights in such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the building in the Project other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below [but otherwise subject to the provisions thereof]) as constituted Leased Premises. In addition, Landlord may modify, from time to time, such use the traffic flow pattern and layout of parking spaces and the entrances-exits to be in common with Landlordadjoining public streets or walkways, other tenants in the Project and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord's ability to establish rules and regulations governing all aspects utilize portions of the Common Areacommon areas for entertainment, Tenant displays and charitable activities and may do such other acts in and to the common areas as in its judgment may be desirable to improve the convenience or attraction thereof. Landlord agrees as follows:
(i) to maintain all common areas of the Shopping Center in good order, condition and repair and in a safe, clean, sightly and sanitary condition in accordance with good and accepted shopping center practices. The maintenance obligations of Landlord shall include, without limitation, the re-striping of parking areas when required, repairing of common areas and adequate lighting of all exterior common areas during all hours of darkness during which Tenant shall not take any action which would unreasonably interfere with the rights of other persons to use the Common Areabe open for business and for one (1) hour thereafter.
(ii) Landlord may temporarily close any part of the Common Area for such periods of time as may be necessary to make repairs or alterations or during construction or to prevent the public from obtaining prescriptive rights, provided that access to the Premises remains reasonably available and Landlord uses reasonable efforts to minimize any disruption to Tenant's use and enjoyment of the Premises and the parking to which it is entitled hereunder.
(iii) With regard to the roof of the building in the Project, any use of the roof whatsoever is hereby exclusively reserved to Landlord for any and all purposes and in all respects in its reasonable discretion other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below (but otherwise subject to the provisions thereof). Landlord shall otherwise have the exclusive rights to use, possess, lease, alter, construct on, or otherwise manage the roof in its reasonable discretion. In performing Tenant's obligations pursuant to Article 9 and Section 30(p), Tenant shall take no action and Tenant will comply with all Landlord requirements in connection therewith that would invalidate any roof warranty.
Appears in 2 contracts
Samples: Lease Agreement (Play Co Toys & Entertainment Corp), Lease Agreement (Play Co Toys & Entertainment Corp)
Use of Common Area. Subject to the provisions of this Section, Tenant and its employees and inviteesinvitees are authorized, empowered and when duly authorized pursuant privileged to use the provisions of this Lease, Common Area. Tenant and its subtenants and licensees, employees shall have the nonexclusive right to use the Common Area (expressly excluding the roof of the building in the Project other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below [but otherwise subject access to the provisions thereof]) as constituted from time to time, Premises at all times and Tenant's customers shall have such use to be in common with Landlord, other tenants in right during all hours that Tenant is open for the Project and other persons permitted by Landlord to use conduct of business. Notwithstanding the same, foregoing and subject to such reasonable rules and regulations governing use as Section 8.3, Landlord may from time to time prescribe. For example, and without limiting shall have the generality of Landlord's ability to establish rules and regulations governing all aspects of the Common Area, Tenant agrees as follows:
(i) Tenant shall not take any action which would unreasonably interfere with the rights of other persons right to use the Common AreaAreas for special events, during which use Tenant shall remain open for business unless such use prohibits or materially impairs (i.e., place or locate any physical barrier (whether permanent or temporary; e.g., a stage, crowd-control ropes, booths, kiosks, special event sound or lighting equipment, etc.
), in such a manner as to make it difficult and/or dangerous to gain) access to the Premises by Project patrons (iiexcluding event guest patronage of and use of Tenant's Premises) in which case, Tenant shall have the right to close for business for the duration of the event. Landlord may temporarily close any part agrees to construct, or cause to be constructed, the Common Area generally upon the areas shown on Exhibit A and shall maintain and operate, or cause to be maintained and operated (except as hereinafter provided with reference to cost of maintenance) in a first-class condition and repair, said Common Area at all times following completion thereof for the non-exclusive benefit and use of the customers and patrons of Tenant, and of other tenants, owners and occupants of the Project. All expenses in connection with the original construction and installation of the Common Area for such periods shall be at the sole cost and expense of time as may Landlord and shall not be necessary charged to make repairs Tenant. Landlord shall, in a manner consistent with other facilities within Universal City, keep, or alterations cause to be kept, said Common Area in a neat, clean and orderly condition, properly lighted and landscaped, and repair and maintain (or during construction or replace, if necessary) all equipment and facilities thereof. Subject to prevent the public from obtaining prescriptive rights, CityWalk Management approval and provided that access there is no interference with ingress or egress to and from other tenant spaces or with pedestrian traffic in the Premises remains reasonably available and Landlord uses reasonable efforts to minimize any disruption to common areas, Tenant's use and enjoyment of the Premises and the parking customers shall be allowed to which it is entitled hereunder.
(iii) With regard to the roof of the building queue in the Project, any Common Areas for the purchasing of tickets and waiting for the use of the roof whatsoever is hereby exclusively reserved to Landlord for any and all purposes and in all respects in its reasonable discretion other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below (but otherwise subject to the provisions thereof)available simulator rides. Landlord shall otherwise have the exclusive rights right to useapprove, possessin Landlord's sole discretion, lease, alter, construct on, or otherwise manage the roof in its reasonable discretion. In performing Tenant's obligations pursuant request to Article 9 and Section 30(p), Tenant shall take no action and Tenant will comply with all Landlord requirements place an actual or model NASCAR stockcar in connection therewith that would invalidate any roof warrantythe Common Areas fronting the Premises.
Appears in 2 contracts
Samples: Lease Agreement (Silicon Entertainment Inc /Ca/), Lease Agreement (Silicon Entertainment Inc /Ca/)
Use of Common Area. Landlord agrees to cause to be operated, managed and maintained during the term of this Lease all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and stairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers, invitees, and the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants, as prescribed from time to time by Landlord. In particular, Tenant and its employees and inviteesshall park their cars only in the areas specifically designated from time to time by Landlord for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, and when duly authorized pursuant to the provisions of this Lease, its subtenants and licensees, Landlord shall have the nonexclusive right to use cause the Common Area (expressly excluding the roof vehicle to be towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for all towing charges. Tenant further agrees to hold harmless and defend Landlord and its agents and employees against any and all claims of the building in employee and/or owner of the Project other than for Tenant vehicle towed. Landlord may, at any time, close temporarily any common area to comply with its repair make repairs or changes, to prevent the acquisition of public rights to such areas and maintenance obligations under Article 9 below and except as to discourage non-customer use, provided in Section 30(p) below [but otherwise subject the same shall not materially adversely affect access to or visibility of the provisions thereof]) as constituted Leased Premises. In addition, Landlord may modify, from time to time, such use the traffic flow pattern and layout of parking spaces and the entrances-exits to be in common with Landlordadjoining public streets or walkways, other tenants in the Project and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord's ability to establish rules and regulations governing all aspects utilize portions of the Common Areacommon areas for entertainment, Tenant agrees as follows:
(i) Tenant shall not take any action which would unreasonably interfere with displays and charitable activities and do such other acts in and to the rights of other persons to use the Common Area.
(ii) Landlord may temporarily close any part of the Common Area for such periods of time as common areas as, in its judgment, may be necessary desirable to make repairs improve the convenience or alterations or during construction or to prevent the public from obtaining prescriptive rights, provided that access to the Premises remains reasonably available and Landlord uses reasonable efforts to minimize any disruption to Tenant's use and enjoyment of the Premises and the parking to which it is entitled hereunder.
(iii) With regard to the roof of the building in the Project, any use of the roof whatsoever is hereby exclusively reserved to Landlord for any and all purposes and in all respects in its reasonable discretion other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below (but otherwise subject to the provisions thereof). Landlord shall otherwise have the exclusive rights to use, possess, lease, alter, construct on, or otherwise manage the roof in its reasonable discretion. In performing Tenant's obligations pursuant to Article 9 and Section 30(p), Tenant shall take no action and Tenant will comply with all Landlord requirements in connection therewith that would invalidate any roof warranty.attraction
Appears in 2 contracts
Samples: Lease Agreement (Play Co Toys & Entertainment Corp), Lease Agreement (Play Co Toys & Entertainment Corp)
Use of Common Area. During any time that Tenant and its employees and inviteesleases all of the rentable area located in the Project, and when duly authorized pursuant to the provisions of this Lease, its subtenants and licensees, Tenant shall have the nonexclusive right to exclusive use of the Common Area (expressly excluding subject to an easement for underground pipelines and related above ground facilities in favor of Air Products (the roof "AirProducts Easement"), and all other existing and future easements, licenses and other rights and interests in favor of or required by public utilities or public, governmental or regulatory entities; rights of third parties pursuant to the Declaration and the CC&Rs; and rights retained by Landlord pursuant to this Lease), and Landlord shall not grant the right to use of the building in the Project other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below [but otherwise subject to the provisions thereof]) as constituted from time to time, such use to be in common with Landlord, other tenants in the Project and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord's ability to establish rules and regulations governing all aspects of the Common Area, Tenant agrees as follows:
(i) Tenant shall not take any action which would unreasonably interfere with the rights of other persons to use the Common Area.
(ii) Landlord may temporarily close any part surface of the Common Area for such periods to any other tenant, occupant or owner of time as may be necessary to make repairs or alterations or during construction or to prevent the public from obtaining prescriptive rights, provided that access any property located adjacent to the Premises remains reasonably available and Landlord uses reasonable efforts to minimize Project. During any disruption time that the Project includes any rentable area not leased to Tenant's , Tenant shall have the right to non-exclusive use and enjoyment of the Premises Common Area and the parking to which it is entitled hereunder.
(iii) With regard to the roof of the building any other common area located in the Project, any together with other tenants, occupants and owners of portions of the Project, subject to the terms of this Lease. The operation and use of the roof whatsoever is hereby exclusively reserved Common Area shall be governed by conditions, covenants and restrictions ("CC&Rs") between the owners of portions of the Project, in the form attached hereto as Exhibit "B", with such modifications as Landlord may reasonably determine to be appropriate. The CC&Rs may be recorded against the Project by Landlord for at any time, at Landlord's election, and will at all purposes and times be superior in all respects in its reasonable discretion other than for Tenant priority to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below (but otherwise subject to the provisions thereof)this Lease. Landlord shall otherwise have the exclusive rights right to usemake reasonable modifications to the CC&Rs during the Term, possessincluding, leasewithout limitation, alterin order to provide necessary or appropriate access over, construct onacross and from the Common Area (including any roadways and drive aisles located thereon) to any property which is included in the Project; provided that such modifications do not materially adversely affect Tenant's use of the Premises, Minimum Parking, or otherwise manage access to the roof in its reasonable discretion. In performing Tenant's obligations pursuant to Article 9 and Section 30(p), Tenant shall take no action and Tenant will comply with all Landlord requirements in connection therewith that would invalidate any roof warrantyPremises.
Appears in 1 contract
Use of Common Area. Tenant and its employees and invitees, and when duly authorized pursuant to the provisions of this Lease, its subtenants and licensees, shall have the nonexclusive right to use the Common Area (expressly excluding the roof roofs of the building buildings in the Project other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below [but otherwise subject to the provisions thereof]Project) as constituted from time to time, such use to be in common with Landlord, other tenants in the Project and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord's ability to establish rules and regulations governing all aspects of the Common Area, Tenant agrees as follows:
(ia) If Landlord designates specific parking areas for Tenant and Tenant's employees, then Tenant shall comply with Landlord's designation and shall institute procedures to ensure that its employees also comply. In the event Tenant or its employees fail to park their cars in designated parking areas as aforesaid, after written notice to Tenant and an opportunity to cure, then Landlord at its option may charge Tenant Fifty Dollars ($50.00) per day per car parked in any area other than those designated, as and for liquidated damages, and Tenant shall pay such charges in accordance with Additional Rent pursuant to Section 9.2 of this Lease. Tenant also authorizes Landlord to cause any car which is not parked in the designated parking areas to be towed from the Project.
(b) Tenant shall not take any action which would unreasonably interfere with the rights of other persons Project tenants or their invitees to use the Common Area.
(iic) Landlord may temporarily close any part of the Common Area for such periods of time as may be necessary to make repairs or alterations or during construction or to prevent the public from obtaining prescriptive rights; provided, provided that Landlord will use commercially reasonable efforts to minimize interference with Tenant’s use of or access to the Premises remains reasonably available and Landlord uses reasonable efforts to minimize any disruption to Tenant's use and enjoyment in connection with the exercise of the Premises and the parking to which it is entitled hereundersuch rights.
(iiid) With regard Subject to Tenant’s rights as set forth in Section 7.2(e) below, the use of the roof of the building in the Project, any use of the roof whatsoever Building is hereby exclusively reserved to Landlord for any and all purposes and in all respects in its reasonable discretion other than for Tenant discretion. Subject to comply with its repair and maintenance obligations under Article 9 below and except Tenant’s rights as provided set forth in Section 30(p7.2(e) below (but otherwise subject to the provisions thereof). below, Landlord shall otherwise have the exclusive rights right to use, possess, lease, convey interests in, alter, construct on, or otherwise manage the roof in its reasonable discretion, provided the same does not materially or unreasonably interfere with Tenant's use of the Premises for the Permitted Use or Tenant’s parking rights. Furthermore, Landlord shall have the exclusive rights to use, possess, lease, convey interests in, alter, transfer, construct on, or otherwise manage the portions of the Project other than the Premises and the parking areas provided the same does not materially and unreasonably interfere with Tenant's use of the Premises for the Permitted Use or Tenant’s parking rights. Without limitation of the foregoing, Landlord shall have the right to enter into one or more antenna, tower, communication, solar panel or similar leases or licenses with one or more third parties pursuant to which Landlord shall lease or license space on the roof of the Building or other portions of the Project other than the Premises and the parking areas for antenna, tower, communication, solar panel or other rights and uses (each an “Ancillary Lease”). Tenant agrees that (i) any tenant or licensee under any Ancillary Lease and their respective agents, employees, contractors, representatives and invitees shall have the right to (a) access the areas on and about the Project (other than the Premises), including, without limitation, the parking areas, on a temporary basis for purposes of performing any installations, maintenance, repairs and replacements of any improvements, provided such access does not materially or unreasonably interfere with Tenant's use of the Premises for the Permitted Use or Tenant’s parking rights, (b) access and enter upon the roof of the Building and other areas of the Project other than the Premises and the parking areas of the Project and (c) perform any and all installation, maintenance, repair or replacement of any antennae, towers, panels, communication installations and related fixtures or appurtenances (collectively, the “Ancillary Rights”) and (ii) Landlord shall be permitted to enter into any and all agreements (including, without limitation, easement agreements) with respect to the Project as Landlord deems necessary or advisable in connection with any Ancillary Lease and the Ancillary Rights. In performing Tenantno event shall Tenant or any of its employees, affiliates agents, subtenants, concessionaires, contractors, consultants, visitors or invitees of any kind, access or go upon the roof of the Building or cause or permit any penetration of such roof without the express prior written consent of Landlord which consent shall not be unreasonably conditioned, delayed or withheld, and subject to a license agreement in form satisfactory to Landlord, each in Landlord's obligations pursuant reasonable discretion. If Tenant demonstrates to Article 9 Landlord's satisfaction (in Landlord's reasonable discretion) both an actual need to use the roof and adequate procedures and safeguards to assure that no damage is done to the roof(s) (such as proper reattachment and sealing in connection with HVAC repair or replacement), all roof warranties are preserved in full, and also agrees to execute a license agreement in form satisfactory to Landlord (in Landlord's sole and absolute discretion), then Landlord may grant Tenant access to the roof(s) solely for such purpose, all in Landlord's sole and absolute discretion.
(e) Provided that Tenant complies with the terms of this Section 30(p7.2(e), Tenant may, at its risk and expense, install a satellite dish and related wiring (collectively, the "Satellite Dish") on the roof of the Building at a location approved by Landlord, which shall take no action not be unreasonably withheld, conditioned or delayed. Before installing the Satellite Dish, Tenant shall submit to Landlord for its reasonable approval plans and Tenant will comply specifications which (1) specify in detail the design, location, size, and frequency of the Satellite Dish and (2) are sufficiently detailed to allow for the installation of the Satellite Dish in a good and workmanlike manner and in accordance with all laws. If Landlord requirements approves of such plans, Tenant shall install (in a good and workmanlike manner), maintain and use the Satellite Dish in accordance with all laws and shall obtain all permits required for the installation and operation thereof; copies of all such permits must be submitted to Landlord before Tenant begins to install the Satellite Dish. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Satellite Dish while it is on the Building and operate and maintain the Satellite Dish in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof. Landlord may require that Tenant screen the Satellite Dish with a parapet wall or other screening device acceptable to Landlord. Tenant shall maintain the Satellite Dish and the screening therefor in good repair and condition. Tenant may only use the Satellite Dish in connection with Tenant's business. Tenant shall not allow any third party (other than a Permitted Transferee or approved assignee or subtenant of the Premises) to use such equipment, whether by sublease, license, occupancy agreement or otherwise. Tenant shall, at its risk and expense, remove the Satellite Dish, within five days after the occurrence of any of the following events: (A) the termination of Tenant's right to possess the Premises; (B) the termination of the Lease; (C) the expiration of the Lease Term; or (D) Tenant's vacating the Premises. If Tenant fails to do so, Landlord may remove the Satellite Dish and store or dispose of it in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all costs incurred by Landlord in connection therewith within ten days after Landlord's request therefor. Tenant shall repair any damage to the Building caused by or relating to the Satellite Dish, including that would invalidate which is caused by its installation, maintenance, use, or removal. All work relating to the Satellite Dish shall, at Tenant's expense, be coordinated with Landlord's roofing contractor so as not to affect any roof warrantywarranty for the Building's roof.
Appears in 1 contract
Samples: Lease Agreement (Inogen Inc)
Use of Common Area. Tenant Landlord agrees to cause to be operated, managed and its employees maintained during the Term all of the common areas of the Shopping Center. The term "common areas" shall mean the parking areas, pedestrian sidewalks and inviteesbridges, mall areas, truckways, loading docks, delivery areas, park areas, elevators and escalators and stairs not contained in leased areas, public rest rooms and comfort stations, if any, and when duly authorized pursuant all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers and invitees and other licensees of Landlord, including, without limitation, all roads and driveways serving the Retail Development which are operated, maintained or repaired by Landlord or at Landlord's expense. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to the provisions of this Lease, its subtenants and licensees, shall have the nonexclusive right whom Landlord has or may hereafter grant rights to use the Common Area same (expressly excluding including, but not limited to, the roof owners, tenants and occupants of the building Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord may at any time close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights in the Project other than for Tenant such areas and to comply discourage non-customer use, provided Landlord shall use its best efforts not to unreasonably interfere with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below [but otherwise subject to the provisions thereof]) as constituted Tenant's conduct of business. In addition Landlord may modify, from time to time, such use the traffic flow pattern and layout of parking spaces and the entrances-exits to be in common with Landlordadjoining public streets or walkways, other tenants in the Project and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord's ability to establish rules and regulations governing all aspects utilize portions of the Common Areacommon areas for entertainment, Tenant agrees programs and displays and do such other acts in and to the common areas as follows:
(i) Tenant shall not take any action which would unreasonably interfere with the rights of other persons to use the Common Area.
(ii) Landlord may temporarily close any part of the Common Area for such periods of time as in its judgment may be necessary to make repairs or alterations or during construction or to prevent the public from obtaining prescriptive rights, provided that access to the Premises remains reasonably available and Landlord uses reasonable efforts to minimize any disruption to Tenant's use and enjoyment of the Premises and the parking to which it is entitled hereunderdesirable.
(iii) With regard to the roof of the building in the Project, any use of the roof whatsoever is hereby exclusively reserved to Landlord for any and all purposes and in all respects in its reasonable discretion other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below (but otherwise subject to the provisions thereof). Landlord shall otherwise have the exclusive rights to use, possess, lease, alter, construct on, or otherwise manage the roof in its reasonable discretion. In performing Tenant's obligations pursuant to Article 9 and Section 30(p), Tenant shall take no action and Tenant will comply with all Landlord requirements in connection therewith that would invalidate any roof warranty.
Appears in 1 contract
Samples: Lease (Ashworth Inc)
Use of Common Area. Landlord agrees to cause to be operated, managed and maintained during the Term all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and stairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers, invitees, and the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants as prescribed from time to time by Landlord. In particular, Tenant and its employees and inviteesshall park their cars only in the areas specifically designated from time to time by Landlord for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, and when duly authorized pursuant to the provisions of this Lease, its subtenants and licensees, Landlord shall have the nonexclusive right to use cause the Common Area (expressly excluding the roof vehicle to be towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for all towing charges. Tenant further agrees to hold harmless Landlord and defend Landlord, its agents and employees against any and all claims of the building employee and/or owner of the vehicle towed. Landlord may at any time close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights in such areas and to discourage non-customer use, provided the Project other than for Tenant same shall not materially adversely affect access to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below [but otherwise subject to or visibility of the provisions thereof]) as constituted Leased Premises. In addition, Landlord may modify, from time to time, such use the traffic flow pattern and layout of parking spaces and the entrances-exits to be in common with Landlordadjoining public streets or walkways, other tenants in the Project and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord's ability to establish rules and regulations governing all aspects utilize portions of the Common Areacommon areas for entertainment, Tenant displays and charitable activities and may do such other acts in and to the common areas as in its judgment may be desirable to improve the convenience or attraction thereof. Landlord agrees as follows:
(i) to maintain all common areas of the Shopping Center in good order, condition and repair and in a safe, clean, sightly and sanitary condition in accordance with good and accepted shopping center practices. The maintenance obligations of Landlord shall include, without limitation, the re-striping of parking areas when required, repairing of common areas and adequate lighting of all exterior common areas during all hours of darkness during which Tenant shall not take any action which would unreasonably interfere with the rights of other persons to use the Common Areabe open for business and for one (1) hour thereafter.
(ii) Landlord may temporarily close any part of the Common Area for such periods of time as may be necessary to make repairs or alterations or during construction or to prevent the public from obtaining prescriptive rights, provided that access to the Premises remains reasonably available and Landlord uses reasonable efforts to minimize any disruption to Tenant's use and enjoyment of the Premises and the parking to which it is entitled hereunder.
(iii) With regard to the roof of the building in the Project, any use of the roof whatsoever is hereby exclusively reserved to Landlord for any and all purposes and in all respects in its reasonable discretion other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below (but otherwise subject to the provisions thereof). Landlord shall otherwise have the exclusive rights to use, possess, lease, alter, construct on, or otherwise manage the roof in its reasonable discretion. In performing Tenant's obligations pursuant to Article 9 and Section 30(p), Tenant shall take no action and Tenant will comply with all Landlord requirements in connection therewith that would invalidate any roof warranty.
Appears in 1 contract
Use of Common Area. Landlord agrees to cause to be operated, managed and maintained during the Term all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and stairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience of the occupants 20 25 and tenants of the Retail Development and their respective agents, employees, customers, invitees, and the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants as prescribed from time to time by Landlord. In particular, Tenant and its employees and inviteesshall park their cars only in the areas specifically designated from time to time by Landlord for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, and when duly authorized pursuant to the provisions of this Lease, its subtenants and licensees, Landlord shall have the nonexclusive right to use cause the Common Area (expressly excluding vehicle to be towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for all towing charges. Landlord may at any time close temporarily any common area to make repairs or changes, to prevent the roof acquisition of public rights in such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the building in the Project other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below [but otherwise subject to the provisions thereof]) as constituted Leased Premises. In addition, Landlord may modify, from time to time, such use the traffic flow pattern and layout of parking spaces and the entrances-exits to be in common with Landlordadjoining public streets or walkways, other tenants in the Project and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord's ability to establish rules and regulations governing all aspects utilize portions of the Common Areacommon areas for entertainment, Tenant displays and charitable activities and may do such other acts in and to the common areas as in its judgment may be desirable to improve the convenience or attraction thereof. Landlord agrees as follows:
(i) to maintain all common areas of the Shopping Center in good order, condition and repair and in a safe, clean, sightly and sanitary condition in accordance with good and accepted shopping center practices. The maintenance obligations of Landlord shall include, without limitation, the re-striping of parking areas when required, repairing of common areas and adequate lighting of all exterior common areas during all hours of darkness during which Tenant shall not take any action which would unreasonably interfere with the rights of other persons to use the Common Areabe open for business and for one (1) hour thereafter.
(ii) Landlord may temporarily close any part of the Common Area for such periods of time as may be necessary to make repairs or alterations or during construction or to prevent the public from obtaining prescriptive rights, provided that access to the Premises remains reasonably available and Landlord uses reasonable efforts to minimize any disruption to Tenant's use and enjoyment of the Premises and the parking to which it is entitled hereunder.
(iii) With regard to the roof of the building in the Project, any use of the roof whatsoever is hereby exclusively reserved to Landlord for any and all purposes and in all respects in its reasonable discretion other than for Tenant to comply with its repair and maintenance obligations under Article 9 below and except as provided in Section 30(p) below (but otherwise subject to the provisions thereof). Landlord shall otherwise have the exclusive rights to use, possess, lease, alter, construct on, or otherwise manage the roof in its reasonable discretion. In performing Tenant's obligations pursuant to Article 9 and Section 30(p), Tenant shall take no action and Tenant will comply with all Landlord requirements in connection therewith that would invalidate any roof warranty.
Appears in 1 contract