Common use of Use of Common Areas Clause in Contracts

Use of Common Areas. (1) The Common Use Areas include the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with others, of Common Use Areas. This use is subject to the terms and conditions of this Sublease and to reasonable rules and regulations established by the Airport Manager governing the use of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the non-exclusive right to use the parking area identified in Exhibit A of this lease and paid for by agreement shown in Exhibit B of this lease. Use of the wash shed will be also non-exclusive as it is shared with the other car rental company. (4) The Borough, in its sole discretion, shall have the right to close, relocate, reconstruct, modify or change any portion of the Common Use Areas including Common Use Areas within the Terminal and other Airport facilities. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for the Sublessee's comment on the proposed changes, however, this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and expense of all repair and maintenance whatsoever of the Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common Use Areas of the Terminal. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 2 contracts

Samples: Land Terminal Sublease & Airline Operating Agreement, Land Terminal Sublease & Airline Operating Agreement

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Use of Common Areas. (1) The Common Use Areas occupancy by Tenant of the Premises shall include the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, Common Areas in common with othersLandlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, of Common Use Areas. This use is subject subject, however, to the terms and conditions of this Sublease and to reasonable compliance with all rules and regulations established as are prescribed from time to time by the Airport Manager governing the use of Common Use Areas including establishment of appropriate fees Landlord in a reasonable and charges. (3) The Sublessee will have the non-exclusive right discriminatory manner. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine to use be appropriate. All reasonable costs incurred by Landlord for the parking area identified in Exhibit A of this lease maintenance and paid for by agreement shown in Exhibit B of this lease. Use operation of the wash shed will Common Areas shall be also non-included in Project Costs unless excluded under Section 4.2 or unless any particular cost incurred can be charged to a specific tenant of the Project. Landlord shall at all times during the Term have exclusive control of the Common Areas, and may restrain any use or occupancy, except as it is shared with authorized by Landlord's rules and regulations. Tenant shall keep the other car rental company. (4) The BoroughCommon Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing in this Lease shall be deemed to impose liability upon Landlord for any damage to or loss of the property of, in or for any injury to, Tenant, its sole discretion, shall have the right to close, relocate, reconstruct, modify invitees or change employees. Landlord may temporarily close any portion of the Common Use Areas including Common Use Areas within for repairs, remodeling and/or alterations, to prevent a public dedication or the Terminal and accrual of prescriptive rights, or for any other Airport facilitiesreason deemed sufficient by Landlord, without liability to Landlord. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for the Sublessee's comment on the proposed changes, however, this notice Tenant shall not be required if an immediate change is necessary to comply with government any rules and regulations or for the Project other than those attached to ensure the safe operation of the airportthis Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. The Borough shall provide adequate substitute access to the Sublease Premises Landlord's exclusive control, operation, maintenance and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and expense of all repair and maintenance whatsoever of the Common Use Areas including runway Area shall be subject to Tenant's parking rights contained in Section 6.4 below and taxiway lighting and signage systems and to all utilities and janitorial services to other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Use Areas shall not unreasonably interfere with Tenant's intended use of the Terminal. (8) The Borough shall install all signs reasonably necessary Premises, nor its reasonable access to or required parking for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the TerminalPremises. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 2 contracts

Samples: Lease Agreement (Broadcom Corp), Industrial Lease (Broadcom Corp)

Use of Common Areas. Tenant shall have the nonexclusive right (1) The Common Use Areas include the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with othersother tenants, of if any, to whom Landlord has granted or may grant such rights) to use the Common Use Areas. This use is Areas for the purposes intended, subject to the terms and conditions of this Sublease and to such reasonable non-discriminatory rules and regulations established as Landlord may establish from time to time, including but not limited to, charges for violations of such rules and regulations. Tenant shall abide by such rules and regulations and shall use its commercially reasonable effort to cause others who use the Airport Manager governing Common Areas with Tenant’s express or implied permission to abide by Landlord’s rules and regulations. At any time, Landlord may temporarily close any Common Areas to perform any acts in the use Common Areas as, in Landlord’s reasonable judgment, are desirable to improve the Project and such improvements do not unreasonably interfere with Tenant’s access to the Premises or its parking rights. Tenant shall not interfere with the rights of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the non-exclusive right Landlord, other tenants or any other person entitled to use the parking area identified in Exhibit A Common Areas. Tenant shall pay all costs, expenses, fines, penalties or damages that Landlord may incur by reason of Tenant’s failure to comply with the provisions of this lease Section 5.12 and, at Tenant’s sole cost and paid expense, Tenant shall indemnify, defend and hold Landlord harmless for, from and against all losses and liabilities arising from such non-compliance, utilizing counsel reasonably satisfactory to Landlord. Access to certain Common Areas may be temporarily restricted from time to time by Landlord for by agreement shown repair, maintenance, construction, and changes in Exhibit B of this leasethe Land and Buildings comprising the Project. Use Such activities and changes are permitted if they do not materially affect Tenant’s use of the wash shed will be also non-exclusive as it is shared with the other car rental company. (4) The Borough, in Premises or its sole discretion, parking rights. Landlord shall have the right to close, relocate, reconstruct, modify or change any portion of maintain the Common Use Areas including Common Use Areas within the Terminal in good order, condition and other Airport facilitiesrepair unless such maintenance is assumed by another individual or entity pursuant to any applicable covenants, conditions, restrictions or easements. In the event Landlord determines that Tenant’s use of the Borough intends Common Areas is disproportionate to make any such changesthe use by other tenants in the Project, Landlord reserves the Borough right: (i) to charge Tenant extra for said increased usage which charge shall first notify reflect the Sublessee in writing at least thirty increased cost of Landlord’s maintenance of the Common Areas due to Tenant’s usage; (30ii) days in advance to provide separate trash receptacles for Tenant which cost shall be the Sublessee's comment on the proposed changes, however, this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation sole responsibility of the airport. The Borough shall provide adequate substitute access to the Sublease Premises Tenant and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. Tenant as Additional Rent; and/or (7iii) The Borough shall assume the responsibility, to require Tenant to arrange for its own separate trash receptacles and collection at Tenant’s sole cost and expense of all repair and maintenance whatsoever of the Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services using a contractor satisfactory to the Common Use Areas of the TerminalLandlord. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 2 contracts

Samples: Office Lease (Ziprecruiter, Inc.), Office Lease (Ziprecruiter, Inc.)

Use of Common Areas. (1) The Common Use Areas include term "common areas", as used in this Lease, shall mean the runways, landing parking areas, taxiwaysroadways, aircraft aprons pedestrian sidewalks, truckways, loading dock, delivery areas, landscaped areas, public bathrooms and comfort stations, flashings, gutters and downspouts, and all other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified or improvements which may be provided by the Landlord for public use, vehicle parking areas and the general public access convenience and use areas of the Terminal tenants of the Shopping Center and other Airport facility buildings. (2) The Sublessee and its officerstheir respective subtenants, agents, employees, agentscustomers, passengersinvitees, contractors, suppliers, customers and any other invitees licensees of Landlord. The use and occupancy by the Tenant of the Sublessee are granted nonexclusive Premises shall include the use, in common with others, of Common Use Areas. This use is subject all others to the terms and conditions of this Sublease and to reasonable rules and regulations established by the Airport Manager governing the use of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the non-exclusive right whom Landlord has granted or may hereafter grant rights to use the parking area identified in Exhibit A of this lease and paid for by agreement shown in Exhibit B of this lease. Use same of the wash shed will common areas located within the Shopping Center, and of such other facilities as may be also designated from time to time, subject, however, to rules and Regulations for the use thereof as prescribed from time to time by the Landlord. Tenant and its employees shall park their cars only in areas specifically designated from time to time by Landlord for that purpose. Automobile license numbers of employees' cars shall be furnished to Landlord upon Landlord's request. Landlord may at any time close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights in such area or to discourage non-exclusive customer parking; and may do such other acts in and to the common areas as it is shared with the other car rental company. (4) The Borough, in its sole discretionjudgment may be desirable to improve the convenience thereof. Tenant shall have the right within one (1) year after the end of each Lease Year upon written request to Landlord to audit all the books of account, documents, records and files of Landlord regarding the common area expenses. Should Tenant's audit of Landlords "Shared Expenses" indicate that an error was made in billing Tenant for the Shared Expenses or in the events common cost is not reasonably substantiated, then Tenant's pro rata share of the Shared Expenses shall be recalculated and Tenant shall receive a credit for the same against Tenant's future Shared Expense payments. In the alternative, Landlord shall have the right to close, relocate, reconstruct, modify or change any portion of the Common Use Areas including Common Use Areas within the Terminal and other Airport facilities. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for the Sublessee's comment on the proposed changes, however, this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected p ayment by any change in access described in this sectioncheck. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and expense of all repair and maintenance whatsoever of the Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common Use Areas of the Terminal. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 1 contract

Samples: Leasing Agreement (Quikbiz Internet Group Inc)

Use of Common Areas. (1) The During the Term, Tenant shall have a non-exclusive license to use the Common Use Areas include the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with others, of Common Use Areas. This use is such license being subject to the terms exclusive control and conditions management of this Sublease Landlord and the rights of Landlord and of other tenants. Tenant agrees to reasonable comply with such rules and regulations established by the Airport Manager governing the as Landlord prescribes regarding use of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the non-exclusive right to use the parking area identified in Exhibit A of this lease and paid for by agreement shown in Exhibit B of this lease. Use of the wash shed will be also non-exclusive as it is shared with the other car rental company. (4) The Borough, in its sole discretion, shall have the right to close, relocate, reconstruct, modify or change any portion of the Common Use Areas. Tenant agrees it shall not use the Common Areas including Common Use Areas within for any sales or display purposes, or for any purpose which would impede or create hazardous conditions for the Terminal flow of pedestrian or other traffic. Tenant agrees that the parking spaces, fire lanes and the lanes in the front of the Leased Premises shall not be used for the loading or unloading of trucks or other Airport facilitiesvehicles. Trucks are to only use such entrances, exits, and service lanes designated by Landlord in the rear of the stores. Tenant further agrees that Tenant and Tenant's employees shall only use the employee parking areas designated by Landlord. Tenant shall, upon five (5) days' written notice from Landlord, provide to Landlord a list of license numbers of all of Tenant's and its employees' vehicles. In the event Tenant or its employees fail to park their vehicles in designated parking areas, or in the Borough intends event Tenant undertakes or permits the delivery of merchandise or other items except as herein provided, Landlord may, in addition to make its other rights and remedies under this Lease, charge Tenant and Tenant shall pay to Landlord, as Additional Rent, on demand, $25.00 per day per vehicle parking in any area other than those designated by Landlord and $25.00 per delivery for deliveries undertaken or permitted by Tenant in the manner hereinabove prohibited. Notwithstanding anything to the contrary contained herein, Landlord agrees that the failure of Tenant or its employees to park in the designated employee parking area shall not constitute a Default of this Lease and Tenant shall not be required to pay the aforementioned sum, until Landlord has given Tenant written notice of two (2) such changesviolations within any Lease Year, after which time both the Borough Default and payable sum shall first notify apply. Landlord hereby agrees that it shall install signage to designate the Sublessee six (6) parking spaces shown on Exhibit A as "30-minute only" customer parking. Such parking shall be available to all customers of the Shopping Center and Landlord shall not be required to "tow" any automobiles in writing at least enforcing such thirty (30) days in advance to provide for the Sublessee's comment on the proposed changes, however, this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this sectionminute time limit restriction. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and expense of all repair and maintenance whatsoever of the Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common Use Areas of the Terminal. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 1 contract

Samples: Lease Agreement (HCNB Bancorp Inc)

Use of Common Areas. (1) The Common Use Areas occupancy by Tenant of the Premises shall include the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, Common Areas in common with othersLandlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, of Common Use Areas. This use is subject subject, however, to the terms and conditions of this Sublease and to reasonable compliance with all rules and regulations established as are prescribed from time to time by Landlord and which are not adopted or enforced in a discriminatory manner within the Airport Manager governing Project. Landlord shall operate and maintain the use of Common Use Areas including establishment of appropriate fees in good order and charges. (3) The Sublessee will have condition and otherwise in the non-exclusive right manner Landlord may determine to use be appropriate. Except as otherwise set forth in Section 4.2, all costs incurred by Landlord for the parking area identified in Exhibit A of this lease maintenance and paid for by agreement shown in Exhibit B of this lease. Use operation of the wash shed will Common Areas shall be also non-included in Building Costs (on a proportionate basis in accordance with Section 4.2(f)) unless any particular cost incurred can be charged to or is solely for the particular benefit of a specific tenant of the Project. Landlord shall at all times during the Term have exclusive control of the Common Areas, and may restrain any use or occupancy, except as it is shared with authorized by Landlord's rules and regulations. Tenant shall keep the other car rental company. (4) The BoroughCommon Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing in this Lease shall be deemed to impose liability upon Landlord for any damage to or loss of the property of, in or for any injury to, Tenant, its sole discretion, shall have the right to close, relocate, reconstruct, modify invitees or change employees. Landlord may temporarily close any portion of the Common Use Areas including Common Use Areas within for repairs, remodeling and/or alterations, to prevent a public dedication or the Terminal and other Airport facilities. In the event the Borough intends to make any such changesaccrual of prescriptive rights, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for the Sublessee's comment on the proposed changes, however, this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims other reason deemed sufficient by the Sublessee for any such damage Landlord, without liability to Landlord. Any alterations or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors closures of or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and expense of all repair and maintenance whatsoever of the Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services additions to the Common Use Areas Area or the Project performed by Landlord, and all maintenance, repair or remodeling of the Terminal. (8) The Borough shall install all signs reasonably necessary Project, Building or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areasPremises, including all areas requiring SIDA accesswhich Landlord performs, shall be in compliance performed so as to minimize Landlord's interference with those reasonable rules Tenant's use of, and conditions as business operations at, the Airport Manager may imposePremises to the extent reasonably possible.

Appears in 1 contract

Samples: Industrial Lease (Scoop Inc/De)

Use of Common Areas. (1) The Common Use Areas occupancy by Tenant of the Premises shall include the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, Common Areas in common with othersLandlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, of Common Use Areas. This use is subject subject, however, to the terms and conditions of this Sublease and to reasonable compliance with all rules and regulations established as are prescribed from time to time by the Airport Manager governing the use of Common Use Areas including establishment of appropriate fees Landlord in a reasonable and charges. (3) The Sublessee will have the non-exclusive right to use discriminatory manner. Landlord shall operate and maintain the parking Common Areas consistent with other first-class business projects in the area identified in Exhibit A of this lease and paid for by agreement shown in Exhibit B of this lease. Use of the wash shed will be also non-exclusive as it is shared with the other car rental company. (4) The BoroughProject, in the manner Landlord may determine to be appropriate. All costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Building Costs, unless excluded under Section 4.2 or unless any particular cost incurred should be charged to a specific tenant of the Project in Landlord's reasonable, good faith judgment, in which case such cost shall be so charged. Landlord shall at all times during the Term have exclusive control of the Common Areas, and may restrain any use or occupancy, except as authorized by Landlord's rules and regulations. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing in this Lease shall be deemed to impose liability upon Landlord for any damage to or loss of the property of, or for any injury to, Tenant, its sole discretion, shall have the right to close, relocate, reconstruct, modify invitees or change employees. Landlord may temporarily close any portion of the Common Use Areas including Common Use Areas within for repairs, remodeling and/or alterations, to prevent a public dedication or the Terminal and accrual of prescriptive rights, or for any other Airport facilitiesreason deemed sufficient by Landlord, without liability to Landlord. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for the Sublessee's comment on the proposed changes, however, this notice Tenant shall not be required if an immediate change is necessary to comply with government any rules and regulations or for the Project other than those attached to ensure the safe operation of the airportthis Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. The Borough shall provide adequate substitute access to the Sublease Premises Landlord's exclusive control, operation, maintenance and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and expense of all repair and maintenance whatsoever of the Common Use Areas including runway Area shall be subject to Tenant's parking rights contained in Section 6.4 below and taxiway lighting and signage systems and to all utilities and janitorial services to other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Use Areas shall not unreasonably interfere with Tenant's intended use of the Terminal. (8) The Borough shall install all signs reasonably necessary Premises, nor its reasonable access to or required parking for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the TerminalPremises. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 1 contract

Samples: Industrial Lease (Omm Inc)

Use of Common Areas. Tenant shall have the nonexclusive right (1) The Common Use Areas include the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with othersother tenants and all others to whom Landlord has granted or may grant such rights) to use the Common Areas for the purposes intended, of Common Use Areas. This use is subject to the terms and conditions of this Sublease and to such reasonable rules and regulations established as Landlord may establish from time to time. Tenant shall abide by such rules and regulations and shall use its best effort to cause others who use the Airport Manager governing Common Areas with Tenant’s express or implied permission to abide by Landlord’s rules and regulations. At any time, Landlord may close any Common Areas to perform any acts in the use Common Areas as, in Landlord’s judgment, are desirable to improve the Project. Tenant shall not interfere with the rights of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the non-exclusive right Landlord, other tenants or any other person entitled to use the parking area identified in Exhibit A Common Areas. Tenant shall pay all costs, expenses, fines, penalties or damages that Landlord may incur by reason of Tenant’s failure to comply with the provisions of this lease Section 5.12 and, at Tenant’s sole cost and paid for by agreement shown in Exhibit B of this lease. Use of the wash shed will be also expense, Tenant shall indemnify, defend and hold Landlord harmless for, from and against all losses and liabilities arising from such non-exclusive as it is shared with the other car rental company. (4) The Boroughcompliance, in its sole discretion, shall have the right utilizing counsel reasonably satisfactory to close, relocate, reconstruct, modify or change any portion of the Common Use Areas including Common Use Areas within the Terminal and other Airport facilitiesLandlord. In the event Landlord determines that Tenant’s use of the Borough intends Common Areas is disproportionate to make any such changesthe use by other tenants in the Project, Landlord reserves the Borough right: (i) to charge Tenant extra for said increased usage which charge shall first notify reflect the Sublessee in writing at least thirty increased cost of Landlord’s maintenance of the Common Areas due to Tenant’s usage; (30ii) days in advance to provide separate trash receptacles for Tenant which cost shall be the Sublessee's comment on the proposed changes, however, this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation sole responsibility of the airport. The Borough shall provide adequate substitute access to the Sublease Premises Tenant and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. Tenant as Additional Rent; and/or (7iii) The Borough shall assume the responsibility, to require Tenant to arrange for its own separate trash receptacles and collection at Tenant’s sole cost and expense of all repair and maintenance whatsoever of the Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services using a contractor satisfactory to the Common Use Areas of the TerminalLandlord. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 1 contract

Samples: Office Lease (Insys Therapeutics, Inc.)

Use of Common Areas. (1) The Common Use Areas include the runwaysA. Except as otherwise provided herein, landing areasTenant, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Terminal and other Airport facility buildings. (2) The Sublessee and its officerslicensees, employeesconcessionaires, agents, passengers, contractors, suppliers, employees and customers and other invitees of the Sublessee are granted nonexclusive use, in common with others, of Common Use Areas. This use is subject to the terms and conditions (for purposes of this Sublease and to reasonable rules and regulations established by the Airport Manager governing the use of Common Use Areas including establishment of appropriate fees and charges. (3Article, collectively "Tenant") The Sublessee will shall have the non-exclusive right to use the parking area identified Common Areas in Exhibit A of this lease common with the City, other users and paid for by agreement shown in Exhibit B of this lease. Use tenants of the wash shed will Facility and other persons entitled to use the same. The City may require that automobiles operated by Tenant or its employees be also non-exclusive as it is shared parked in specific portions of the Common Areas or other parking areas outside the Facility which are in reasonable proximity thereto. Tenant shall not interfere with the rights of other car rental companypersons to use the Common Areas. The City may temporarily close parts of the Common Areas for such periods of time as may be necessary for (i) temporary use as a work area in connection with the construction of buildings or other improvements within the Facility or contiguous property, (ii) repairs or alterations in or to the Common Areas or to any utility type facilities, (iii) security reasons, or (iv) doing and performing such other acts as in the use of good business judgment the City shall determine to be appropriate for the Facility (v) private rentals of areas of the Facility for catered events; provided however, that the City shall use reasonable efforts not to unduly interfere with or disrupt Xxxxxx's business. The City shall have the right at any time to change the dimensions and location of any buildings in the Clubhouse and the arrangement and/or locations of entrances, parking areas, sidewalks, landscaped areas, passageways or other parts of the Common Areas and to change the name, number or designation by which the Clubhouse is commonly known. Tenant's use of the Common Areas shall be subject to such rules and regulations as may from time to time be made by the City or Facility Manager for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Facility. (4) B. Tenant’s use of the of the Xxxxxxxx meeting room, upper level restrooms, southern outdoor deck and/or western outdoor deck shall be prohibited when scheduled by the City for a private meeting, party or other special event. C. The BoroughCity and Tenant agree that the City will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, parked or left in the Common Areas. The parking areas shall include those areas designated by the City, in its sole discretion, shall have as either restricted or unrestricted parking areas. Tenant further agrees not to use or permit its employees, visitors or invitees to use the right to closeparking areas for overnight storage of vehicles, relocateother than food trucks complying with Article 2, reconstructwithout the prior permission of the City. D. The control, modify or change any portion general cleanliness, operation, repair and maintenance of the Common Use Areas including Common Use Areas within and any changes thereto shall be subject to the Terminal City’s sole management and other Airport facilities. In control and the event expenditures therefore shall be at the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for the Sublessee's comment on the proposed changes, however, this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation sole discretion of the airportCity. The Borough City shall provide adequate substitute maintain the Clubhouse in a first-class condition. E. The City shall take reasonable provisions to secure access to the Sublease Premises and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and expense of all repair and maintenance whatsoever of the Club Room from other Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common Use Areas of the Terminal. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas Clubhouse during non-business hours of the TerminalTenant. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 1 contract

Samples: Restaurant Lease Agreement

Use of Common Areas. (1) The Common Use Areas include All facilities furnished by Landlord in the runways, landing areas, taxiways, aircraft aprons Center and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public the general use, vehicle parking areas and the general public access and use areas in common, of occupants of the Terminal and other Airport facility buildings. (2) The Sublessee and its Center, including Tenant hereunder, their officers, employees, agents, passengersemployees and customers, contractorsincluding, suppliersbut not limited to, customers parking areas, streets, sidewalks, canopies, roadways, loading platforms, washrooms, shelters, ramps, landscaped areas and other invitees of the Sublessee are granted nonexclusive usesimilar facilities, in common with others, of Common Use Areas. This use is shall at all times be subject to the terms exclusive control and conditions management of this Sublease and to reasonable rules and regulations established by the Airport Manager governing the use of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the non-exclusive right to use the parking area identified in Exhibit A of this lease and paid for by agreement shown in Exhibit B of this leaseLandlord. Use of the wash shed will be also non-exclusive as it is shared with the other car rental company. (4) The Borough, in its sole discretion, Landlord shall have the right from time to closetime to change the area, relocatelevel, reconstructlocation and arrangement of such parking areas and other facilities above referred to; and make all rules and regulations pertaining to and necessary for the proper operation and maintenance of the common facilities. Tenant hereunder and any other subtenants and licensees shall comply with all rules and regulations made by Landlord pertaining to the operation and maintenance of said common facilities, modify or change including, but not limited to, such reasonable requirements pertaining to sanitation, handling of trash and debris, loading and unloading of trucks and other vehicles, and safety and security against fires, theft, vandalism, personal injury and other hazards. The parking area shall be limited to parking for customers and employees of tenants of the Center, Landlord and any other parties permitted by Landlord from time to time, and Tenant and its employees may not park in any portion of the Common Use Areas including Common Use Areas within parking area, except that portion thereof, if any, designated or which may hereafter be designated as “Employees’ Parking Area.” Landlord retains the Terminal right to grant exclusive parking rights to portions of the Center to other tenants of the Center. Landlord shall have the exclusive right at any and other Airport facilities. In all times to close any portion of the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide common areas for the Sublessee's comment on purpose of making repairs, changes or additions thereto and may change the proposed changessize, however, this notice shall not be required if an immediate change is necessary to comply with government regulations area or to ensure the safe operation arrangement of the airportparking areas or the lighting thereof within or adjacent to the existing areas and may enter into agreements with adjacent owners for cross-easements for parking, ingress or egress. All vehicles used by Tenant or its agents, visitors and invites must be properly registered and licensed, and may not create a safety hazard. Vehicles improperly parked or appearing abandoned may be towed at the vehicle owner’s expense. The Borough shall provide adequate substitute access grant of rights to the Sublease Premises use parking areas hereunder creates a limited use license and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modificationsnot a bailment. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible Tenant assumes all risk and responsibility for damage to or theft of vehicles, and any personal property contained in such vehicles, as well as the vehicles or their contents belonging to other personal property of others, in connection with any use of parking areas or driveways. Unauthorized or improperly parked vehicles will be towed at the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (7) The Borough shall assume the responsibility, cost risk and expense of all repair and maintenance whatsoever of the Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services vehicle owner. Landlord is not responsible for any damage to the Common Use Areas of the Terminalvehicles or property contained in vehicles. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 1 contract

Samples: Funding Agreement

Use of Common Areas. (1) The Common Use Areas include the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with others, of Common Use Areas. This use is subject to the terms and conditions of this Sublease and to reasonable rules and regulations established by the Airport Manager governing the use of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the non-exclusive right to use the parking area existing “Ramp”, identified in Exhibit A of this lease and paid for by agreement shown in Exhibit B of this lease. Use of the wash shed will be also non-exclusive as it is shared with the other car rental company.Sublease (4) The Borough, in its sole discretion, shall have the right to close, relocate, reconstruct, modify or change any portion of the Common Use Areas including Common Use Areas within the Terminal and other Airport facilities. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for the Sublessee's comment on the proposed changes, however, this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and expense of all repair and maintenance whatsoever of the Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common Use Areas of the Terminal. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 1 contract

Samples: Land Terminal Sublease & Airline Operating Agreement

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Use of Common Areas. (1) The Common Use Areas include the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas areas, restrooms, elevators, escalators and the general public access and use areas of the Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with others, of Common Use Areas. This use is subject to the terms and conditions of this Sublease and to reasonable rules and regulations established by the airport manager (Airport Manager Manager) governing the use of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the non-exclusive right to use the parking area existing “Ramp”, identified in Exhibit A of this lease and paid Sublease, for by agreement shown in Exhibit B the purpose of this lease. Use of the wash shed will be also non-exclusive as it is shared with the other car rental company.vehicle parking (4) The Borough, in its sole discretion, shall have the right to close, relocate, reconstruct, modify or change any portion of the Common Use Areas including Common Use Areas within the Terminal and other Airport facilities. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for the Sublessee's comment on the proposed changes, however, this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and expense of all repair and maintenance whatsoever of the Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common Use Areas of the Terminal. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 1 contract

Samples: Land Terminal Sublease & Airline Operating Agreement

Use of Common Areas. (1) The Common Use Areas include the runways, landing areas, taxiways, aircraft aprons use and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas occupation by Lessee of the Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, premises shall include a revocable license to use in common with othersthe others entitled thereto the common areas, of Common Use Areas. This use is subject as same may be designated from time to time by the Lessor, subject, however, to the terms and conditions of this Sublease Lease and to reasonable rules and regulations established for the use thereof as prescribed from time to time by the Airport Manager governing Lessor. The purpose of the Site Plan is to show the approximate location of the premises. The term "Common Areas" as used in this Lease shall mean all facilities furnished by Lessor from time to time for the nonexclusive use of Common Use Areas the occupants of the shopping center, their officers, agents; employees and customers, which facilities may include, but are not limited to, the parking areas, drives, sidewalks, walkways, service areas, roadways, loading platforms, drainage and plumbing systems, roof, canopies, ramps, landscaped areas and other similar facilities as they may from time to time exist. Lessor reserves the right to alter at any time the size, scope and Sturbridge Village Lease. 1-24-97 Montxxxxxx Xxxlevision & Entertainment, Inc. configuration of the shopping center and all or any portions of the common areas including establishment but not limited to the right to construct other buildings or improvements in the shopping center, to construct double-deck or elevated parking facilities, to relocate the building, automobile parking areas and other common areas, to change the number of appropriate fees buildings and charges. (3) The Sublessee will have buildings' dimensions, the non-exclusive identify and type of other stores and tenancies provided only that the size of the Leased Premises and access to the Leased Premises shall not be materially adversely impaired. Lessor further reserves the right to grant to others the right to use the parking area identified in Exhibit A of this lease and paid for by agreement shown in Exhibit B of this lease. Use common areas of the wash shed will be also non-exclusive as it is shared with the other car rental company. (4) The Borough, in its sole discretion, shopping center. Lessor shall have the right no obligation to close, relocate, reconstruct, modify or change permit any portion of the Common Use Areas including Common Use Areas common areas to be operated beyond the hours established by Lessor. All common areas not within the Terminal premises, which Lessee may be permitted to use, are to be used under a revocable license, and other Airport facilities. In if the event amount of the Borough intends to make any such changescommon areas be diminished, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for the Sublessee's comment on the proposed changes, however, this notice Lessor shall not be required if an immediate change is necessary subject to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises any liability and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease Lessee shall not be altered entitled to any compensation or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to diminution or theft abatement of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representativesrent, except as may be caused by employees expressly provided elsewhere herein, nor shall such use or diminution of the Borough acting within the course and scope of their employmentcommon areas be deemed constructive or actual eviction. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and expense of all repair and maintenance whatsoever of the Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common Use Areas of the Terminal. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 1 contract

Samples: Lease Agreement (Knology Holdings Inc /Ga)

Use of Common Areas. (1) The A. Tenant shall have a non-exclusive license to use the Common Use Areas include for ingress to and egress from the runwaysLeased Premises, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with others, of Common Use Areas. This use is subject to the terms and conditions of this Sublease and to reasonable rules and regulations established by the Airport Manager governing the use of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the non-exclusive right to use any portion of the parking Common Areas designated for parking, including, without limitation the Lot 7 Parking Garage and Parking Garage for parking, subject to (i) Tenant’s right to exclusively use the Parking Garage during Normal Business Hours, (ii) the exclusive control and management of Landlord and the rights of Landlord, and (iii) to the extent of any such Common Areas are shared with other tenants, the rights of other tenants. Tenant shall comply with such non-discriminatory rules and regulations as Landlord prescribes regarding use of the Common Areas; provided, however, that such rules and regulations shall be consistent with the Operating Standard. Tenant shall not use the Common Areas for any sales or display purposes, or for any purpose which would impede or create hazardous conditions for the flow of pedestrian or other traffic. The Common Areas shall at all times be subject to the exclusive control and management of Landlord. B. Landlord, at its sole cost, shall purchase outdoor chairs, tables and umbrellas (collectively, the “Outdoor Furniture”) to be located in the area identified in designated on Exhibit A of this lease and paid as the “Outdoor Furniture Area” for by agreement shown in Exhibit B of this lease. Use of the wash shed will be also non-exclusive use of Tenant, its employees and invitees. The Outdoor Furniture shall be substantially similar in quality as it is shared other outdoor furniture maintained by Landlord in the Common Areas of the Project. Further, Landlord shall clean, maintain, repair and replace such Outdoor Furniture in a manner consistent with the other car rental companyOperating Standard; provided, however, that the cost thereof shall be includable as an Operating Cost. C. Notwithstanding anything to the contrary contained in this Lease, with respect to the areas designated as the “Protected Area” on Exhibit A, Landlord agrees that Landlord shall not construct any improvements within the Protected Area that materially and adversely affect access to the Leased Premises via the entrances to the Building or the visibility of Tenant’s exterior signage; provided, however, nothing contained herein shall limit Landlord’s right to install, maintain, repair and/or replace (4i) The Boroughthose improvements within the Protected Area and depicted on Exhibit A; (ii) the Outdoor Furniture within the Outdoor Furniture Area; and (iii) landscaping, fountains and other similar types of improvements and amenities within the Protected Area that are typically found in its sole discretioncommon areas of projects similar to the Project. Further, the foregoing provisions of this section shall not apply in instances where access and/or visibility is temporarily affected as a result of repairs, remodeling, renovation or other construction to the Project or where such changes are required in order to comply with applicable laws. D. So long as no Default is continuing and Tenant occupies at least seventy percent (70%) of the Floor Area of the Leased Premises initially leased hereunder, Tenant shall have the right to closeuse the Protected Area for Tenant’s special events (e.g. product launches, relocatecompany events, reconstructjob fairs, modify or change etc.) (collectively, “Special Event(s)”) subject to the following: (i) Tenant shall provide Landlord with no less than ten (10) Business Days’ prior Notice (a “Special Events Notice”) of any portion Special Event, which Special Events Notice shall specify the date, time and specific uses (which shall be consistent with the Operating Standard) planned for the specific Special Event; (ii) Tenant may hold Special Events in the Protected Area up to a total of the Common Use Areas including Common Use Areas within the Terminal and other Airport facilities. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty twenty-four (3024) days in advance to provide for the Sublessee's comment on the proposed changesduring each Lease Year, provided, however, that no single Special Event shall extend beyond two (2) consecutive days in duration; (iii) all Special Events shall be conducted in accordance with all applicable laws, the terms and conditions of this notice shall Lease, and in a manner that will not be required if an immediate change is necessary to comply unreasonably disturb or interfere with government regulations or to ensure the safe operation other tenants and occupants of the airport. The Borough Project or otherwise impede any loading/drop-off areas, fire-lanes, “no-parking” areas, or ingress/egress generally within the Project; (iv) no Special Event shall be used for the sale, display, marketing, promotion, testing, training or other use that violates the exclusive mercantile rights of any other tenants or occupants in the Project (copies of which Landlord shall provide adequate substitute access to upon receipt of Tenant’s written request); and (v) if the Sublease Premises and Special Event will require additional security, then Landlord shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. notify Tenant within five (5) The Borough Business Days of its receipt of the Special Events Notice whereupon Tenant shall, at its sole cost and expense, arrange for such additional security measures as Landlord may reasonably request. Tenant shall not be responsible for insure Tenant’s activities related to any Special Events, shall clean (including the removal of any and all trash and refuse) the Protected Area both during such Special Event and following the completion of any such Special Event, and shall repair all damage to or theft of the Protected Area resulting from any vehicles or their contents belonging activities related to such Special Event. The rights granted under this Section 6.01.D are personal to the Sublessee or for Original Tenant (as defined below) and any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except Permitted Transferee (as may be caused by employees of the Borough acting within the course and scope of their employmentdefined below). (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and expense of all repair and maintenance whatsoever of the Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common Use Areas of the Terminal. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 1 contract

Samples: Office Lease Agreement (Splunk Inc)

Use of Common Areas. (1) The Common Use Areas include Landlord hereby grants to Tenant the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Terminal and other Airport facility buildings. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with others, of Common Use Areas. This use is subject to the terms and conditions of this Sublease and to reasonable rules and regulations established by the Airport Manager governing the use of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the non-exclusive right to use the parking area identified in Exhibit A of this lease and paid Common Areas for by agreement shown in Exhibit B of this lease. Use the purposes for which they were designed, subject to the following conditions: (a) Common Areas shall be for the use of the wash shed will be also non-exclusive as it is shared with tenants of the other car rental companyProject, their invitees, and guests. (4b) The Borough, in its sole discretion, Tenant shall have the right to close, relocate, reconstruct, modify or change any portion make no use of the Common Use Areas including Common Use Areas within the Terminal and other Airport facilities. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for the Sublessee's comment on the proposed changes, however, this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this sectionexcept as provided herein. (5c) The Borough Common Areas shall be operated and maintained by Landlord in a manner that does not be responsible for damage to unreasonably interfere with Tenant’s use and quiet enjoyment or theft of any vehicles or their contents belonging ingress/egress to the Sublessee Premises to the commercial standards of anchored shopping center properties found in Metro Detroit, or the parking provided for any claims by on the Sublessee Site Plan designated for any such damage Tenant, including designated parking, or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employmentits visibility. (6d) The Borough agrees Landlord shall be responsible to allow operate the Sublessee Common Area in accordance with a first-class development consistent therewith. Any rules and regulations must be reasonable and non-discriminatory and not change the obligations or duties of Tenant under the Lease. Landlord shall not change the use of the Common Areas in a manner that is contrary to the Site Plan or alter buildings which would affect the position of Tenant’s Premises or its visibility, egress, ingress, or parking. In no event shall Landlord cause changes to the Common Area which would affect or alter Tenant’s business or its outdoor seating and patio use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublesseeor designated parking. (7e) The Borough Landlord shall assume not use the responsibility, cost and expense of all repair and maintenance whatsoever side or rear walls of the Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services Premises or roof in a manner that diminishes the aesthetics of the Premises or Tenant’s use of such Premises. In no event shall the obligations of Tenant be increased due to alterations that take place subsequent to the Common Use Areas removal of the Terminalcontingency clause (Section 2.2(e)) in this Lease. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 1 contract

Samples: Retail Center Lease (Diversified Restaurant Holdings, Inc.)

Use of Common Areas. (1) The Common Use Areas include So long as Tenant occupies the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas entire rentable area of the Building under the Lease and the general public access and use areas NA Sublease, or under the Lease only (i.e. during the Option Term), Tenant shall have the right to maintain a reception area in the first floor lobby of the Terminal Building ("Building Lobby") so long at Tenant's use complies with all applicable zoning and building codes an does not place the Building in noncompliance with any zoning or other Airport facility buildings. governmental rule or regulation and further provided that (2a) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with others, of Common Use Areas. This use is subject Article 13 shall apply to any Alterations made by Tenant to the terms and conditions of this Sublease and Building Lobby, but, notwithstanding anything in said Article 13 or elsewhere in the Lease to reasonable rules and regulations established by the Airport Manager governing contrary, Landlord may withhold its consent to Alterations in the use of Common Use Areas including establishment of appropriate fees and charges. (3) The Sublessee will have the non-exclusive right to use the parking area identified in Exhibit A of this lease and paid for by agreement shown in Exhibit B of this lease. Use of the wash shed will be also non-exclusive as it is shared with the other car rental company. (4) The Borough, Building Lobby in its sole discretion, but which consent shall be deemed granted if Landlord fails to respond within fifteen (15) days after Tenant has given Landlord a reminder notice (which reminder notice may be given no sooner than fifteen (15) days after Tenant has requested Landlord's consent for an Alteration to the Building Lobby), (b) at the expiration or earlier termination of the Term of the Lease, Landlord Tenant shall restore the Lobby Area altered by Tenant to the condition they were in prior to such Alteration, (c) in making Alterations to the Building Lobby, Tenant may riot alter or affect the Building Systems, and (d) Tenant hereby agrees to indemnify Landlord from and against any loss, cost or damage resulting from Tenant's exercise of its rights hereunder, except to the extent arising from the negligence or willful misconduct of Landlord, its employees, agents or contractors. In addition, Tenant and its agents, employees or contractors shall have the right to close, relocate, reconstruct, modify or change any portion of the Common Use Areas including Common Use Areas within the Terminal and other Airport facilities. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for the Sublessee's comment on the proposed changes, however, this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises electrical room(s) and shall endeavor to coordinate with telephone room serving the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall Building, but not be altered or affected by any change in access described in this section. (5) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee rooms housing mechanical (elevator and fire sprinkler) systems for repair or for any claims by the Sublessee for any such damage or loss incurred by the Sublesseemaintenance of equipment serving Tenant's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (6) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (7) The Borough shall assume the responsibility, cost and expense of all repair and maintenance whatsoever of the Common Use Areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common Use Areas of the Terminal. (8) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roadsPremises. Such rights of ingress and egress use shall be in common with others having Landlord. Tenant agrees that such rooms shall be kept locked at all times when Tenant is not accessing same for the above stated purpose. Tenant hereby agrees to indemnify Landlord from and against any loss, cost or damage resulting from Tenant's exercise of its rights of passage thereon and may be used hereunder (except when the Airport is closed to the public. Areas designated by extent arising from the Airport Manager as restricted areas shall be excluded. Access to and use negligence or willful misconduct of non-public areasLandlord, its employees, agents or contractors), including all areas requiring SIDA accesswithout limitation, shall be in compliance with those reasonable rules and conditions as any loss or damage to any Building System or resulting from unauthorized access to the Airport Manager may imposeelectrical or telephone rooms.

Appears in 1 contract

Samples: Lease Agreement (Starent Networks, Corp.)

Use of Common Areas. (1) The Common Use Areas common use areas include the runways, landing areas, taxiways, aircraft aprons and other flight service areas designated as Common Use Areas, haul-out ramps and dock facilities, roads, easements and rights-of-way identified for public use, vehicle parking areas and the general public access and use areas of the Terminal and other Airport facility buildingsreserve. (2) The Sublessee and its officers, employees, agents, passengers, contractors, suppliers, customers and other invitees of the Sublessee are granted nonexclusive use, in common with others, of Common Use Areasuse areas. This use is subject to the terms and conditions of this Sublease and to reasonable rules and regulations established by the Airport Manager governing the use of Common Use Areas use areas including establishment of appropriate fees and charges. (3) The Sublessee will have the non-exclusive right to use the parking area identified in Exhibit A of this lease and paid for by agreement shown in Exhibit B of this lease. Use of the wash shed will be also non-exclusive as it is shared with the other car rental company. (4) The Borough, in its sole discretion, shall have the right to close, relocate, reconstruct, modify or change any portion of the Common Use Areas including Common Use Areas within the Terminal and other Airport facilitiesuse areas. In the event the Borough intends to make any such changes, the Borough shall first notify the Sublessee in writing at least thirty (30) days in advance to provide for the Sublessee's comment on the proposed changes, however, this notice shall not be required if an immediate change is necessary to comply with government regulations or to ensure the safe operation of the airport. The Borough shall provide adequate substitute access to the Sublease Premises and shall endeavor to coordinate with the Sublessee regarding the operational impact of any modifications. The Sublessee's obligation to perform under this Sublease shall not be altered or affected by any change in access described in this section. (54) The Borough shall not be responsible for damage to or theft of any vehicles or their contents belonging to the Sublessee or for any claims by the Sublessee for any such damage or loss incurred by the Sublessee's clients, customers, employees, invitees, agents, contractors or representatives, except as may be caused by employees of the Borough acting within the course and scope of their employment. (65) The Borough agrees to allow the Sublessee to use the Terminal during normal published Airport operating hours provided that the cost of transportation and associated use charges are paid by the Sublessee. (76) The Borough shall assume the responsibility, cost and expense of all repair and maintenance whatsoever of the Common Use Areas use areas including runway and taxiway lighting and signage systems and all utilities and janitorial services to the Common Use Areas use areas of the Terminal. (8) 7) The Borough shall install all signs reasonably necessary or required for the direction of pedestrian and vehicular traffic and all directional signs in the public areas of the Terminal. (9) 8) The Sublessee shall have the right of ingress and egress between the Terminal and the entrance(s) to the Airport by means of connecting paved roads. Such rights of ingress and egress shall be in common with others having rights of passage thereon and may be used except when the Airport is closed to the public. Areas designated by the Airport Manager as restricted areas shall be excluded. Access to and use of non-public areas, including all areas requiring SIDA access, shall be in compliance with those reasonable rules and conditions as the Airport Manager may impose.

Appears in 1 contract

Samples: Land Terminal Sublease & Airline Operating Agreement

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