Common use of Use of Common Areas Clause in Contracts

Use of Common Areas. The occupancy by Tenant of the Premises shall include the use of the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-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 be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be 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 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 2 contracts

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

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Use of Common Areas. The occupancy by Tenant of the Premises shall include the use of the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with all reasonable and non-discriminatory rules and regulations as are prescribed from time to time by Landlord Landlord. Tenant shall also have the right to the use of two (2) existing four-inch (4") conduits beneath the Common Areas to pull its cable through to connect its other buildings leased in a reasonable and non-discriminatory mannerthe Project. Such cable (but not the conduits) shall be removed by Tenant at its expense at the expiration or earlier termination of this Lease. Landlord shall operate and maintain the Common Areas in a first-class manner compliance with applicable law, consistent with the operation of comparable Class A office buildings projects in the Irvine Spectrum as area in which the Project is located and otherwise in the manner Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be 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 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant ; provided, however, that Landlord shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are use commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject efforts to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere avoid unreasonable interference with Tenant's intended access to or use of the Premises, nor its reasonable access to or parking for the PremisesPremises in connection with such activities.

Appears in 1 contract

Samples: Lease (New Century Financial Corp)

Use of Common Areas. The occupancy by Tenant of the Premises shall include the use of the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with all reasonable and non-discriminatory rules and regulations as are prescribed from time to time by Landlord Landlord. Tenant shall also have the right to the use of two (2) existing four-inch (4") conduits beneath the Common Areas to pull its cable through to connect its other buildings leased in a reasonable the Project; provided, however, that the foregoing right is subject and non-discriminatory mannersubordinated to the rights for the use of those same conduits contained in the 210 Commerce Lease. Such cable (but not the ------------------ conduits) shall be removed by Tenant at its expense at the expiration or earlier termination of this Lease. Landlord shall operate and maintain the Common Areas in a first-class manner compliance with applicable law, consistent with the operation of comparable Class A office buildings projects in the Irvine Spectrum as area in which the Project is located and otherwise in the manner Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be 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 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant ; provided, however, that Landlord shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are use commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject efforts to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere avoid unreasonable interference with Tenant's intended access to or use of the Premises, nor its reasonable access to or parking for the PremisesPremises in connection with such activities.

Appears in 1 contract

Samples: New Century Financial Corp

Use of Common Areas. The occupancy by Tenant of the Premises shall include the use of the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-discriminatory manner. Landlord shall operate and maintain the Common Areas in a consistent with other first-class manner consistent with comparable Class A office buildings business projects in the Irvine Spectrum as area of the Project, in the manner Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Costs Building Costs, unless excluded under Section 4.2 or unless any particular cost incurred can should be charged to a specific tenant of the ProjectProject 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 1 contract

Samples: Industrial Lease (Omm Inc)

Use of Common Areas. The occupancy by Tenant of and its business invitees, employees and customers shall have the Premises shall include the use of the Common Areas nonexclusive right, in common with Landlord Landlord, the Ground Lessor, the owner of the Hotel Parcel and with all others for whose convenience and to whom Landlord, the Ground Lessor or any other party under the REA which is entitled to grant such rights has granted or may hereafter grant rights, to use the Common Areas may be provided by Landlordfor ingress, subject, however, egress and parking subject to compliance with all rules and such reasonable regulations as are prescribed Landlord or such other person may from time to time impose and the rights of Landlord set forth above. Tenant and Tenant's customers shall also have a non-exclusive right to walk through the Hotel in order to gain ingress to and egress from the Shopping Complex. Pedestrian access between the Shopping Complex and the Hotel shall be solely through that connecting point so designated on Exhibit "B-1" hereto. Tenant shall pay Landlord, upon demand, $10.00 for each day on which a car of Tenant, a concessionaire, employee or agent of Tenant is parked outside any area designated by Landlord in a reasonable and non-discriminatory mannerfor employee parking. Tenant authorizes Landlord shall operate and maintain to cause any such car to be towed from the Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine to be appropriate. All reasonable costs incurred by and Tenant shall reimburse Landlord for the maintenance cost thereof upon demand, and operation otherwise indemnify and hold Landlord harmless with respect thereto. Tenant shall abide by all reasonable rules and regulations and cause its concessionaires, officers, employees, agents, customers and invitees to abide thereby. Landlord or the Owner of the Hotel Parcel may at any time close temporarily (for only so long a period of time as may be absolutely necessary) any Common Areas to make repairs or changes, prevent the acquisition of public rights therein, discourage noncustomer parking, or for other reasonable purposes. Tenant shall be included in Project Costs unless excluded under Section 4.2 furnish Landlord license numbers and descriptions of cars used by Tenant and its concessionaires, officers and employees. Tenant shall not interfere with Landlord's or unless other permitted users' rights to use 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 part 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 1 contract

Samples: Lease (St John Knits Inc)

Use of Common Areas. The occupancy by Tenant of and Tenant’s business invitees, employees and customers shall have the Premises shall include the use of the Common Areas non-exclusive right, in common with Landlord Landlord, and with all others for whose convenience and to whom Landlord has granted or may hereafter grant rights, to use the Common Areas for ingress, egress and parking subject to such reasonable regulations as Landlord or such other person may be provided by from time to time impose and the rights of Landlord set forth above. Tenant and Tenant’s business invitees, employees and customers shall also have a non-exclusive right to walk through the Hotel Complex in order to gain ingress to and egress from the Premises. Tenant shall pay Landlord, subjectupon demand, howeverTwenty Dollars ($20.00) for each day on which a car of Tenant, a concessionaire, employee or agent of Tenant is parked outside any area designated by Landlord for employee parking. Tenant authorizes Landlord to compliance cause any such car to be fitted with a “boot” device or towed from such undesignated area and Tenant shall reimburse Landlord for the cost thereof upon demand, and otherwise indemnify and hold Landlord harmless with respect thereto. Tenant shall abide by all rules and regulations as are prescribed from time to time promulgated by Landlord regarding the Premises and communicated in a writing to Tenant, and use its commercially reasonable efforts to cause Tenant’s concessionaires, officers, employees, agents, customers and invitees to abide thereby. Landlord may at any time close temporarily any Common Areas to make repairs or changes, prevent the acquisition of public rights therein, discourage non-discriminatory manner. customer parking, or for other reasonable purposes, and Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings all such cases (except in the Irvine Spectrum as event of an emergency) attempt to provide Tenant with prior notice of each such closure. If requested by Landlord, Tenant shall furnish Landlord may determine license numbers and descriptions of cars used by Tenant and Tenant’s concessionaires, officers and employees. Tenant shall not interfere with Landlord’s or other permitted users’ rights to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Costs unless excluded under Section 4.2 or unless use 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 part 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 1 contract

Samples: Lease (Premier Exhibitions, Inc.)

Use of Common Areas. The occupancy by Tenant of the Premises shall include the use of the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with all reasonable and non-discriminatory rules and regulations as are prescribed from time to time by Landlord in a reasonable (“Rules and non-discriminatory mannerRegulations”), provided that any such Rules and Regulations not otherwise contained herein shall not increase Tenant’s liabilities or financial obligations under this Lease or materially adversely affect Tenant’s use of the Premises. Landlord shall operate and maintain the Common Areas in a Areas, consistent with other first-class manner consistent with comparable Class A office buildings business projects in the Irvine Spectrum as Landlord may determine to be appropriatearea of the Project. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Building Costs unless excluded under Section 4.2 of this Lease 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 authorized by Landlord's rules the Rules and regulationsRegulations. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's ’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 invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by LandlordLandlord in the exercise of its reasonable discretion, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are so long as Landlrod uses commercially reasonable efforts to minimize the impact such closure will have on Tenant’s use and nondiscriminatory in content occupancy of, and applicationaccess to, the Premises and the parking areas associated with the Premises. Landlord's ’s exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's ’s parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 1 contract

Samples: Lease Agreement (Palm Inc)

Use of Common Areas. The occupancy use and occupation by Tenant of the Premises shall include the use nonexclusive use, in common with others entitled thereto, of the Common Areas in common with Landlord including, without limitation, the elevators, stairways, lobbies, waiting areas and with all others other areas for whose convenience the nonexclusive use of tenants, and use agents, employees, customers and invitees of Tenants, within the Building as such Common Areas may hereafter be provided constructed for the benefit of or as a part of the Building, and other facilities as may be designated from time to time by Landlord, subject, however, to compliance with all the terms and conditions of this Lease and the reasonable nondiscriminatory rules and regulations for the use thereof as are prescribed from time to time by Landlord in a reasonable and non-discriminatory mannerthe Landlord. Landlord shall operate and maintain Subject to the terms of this Lease, all Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be 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 be subject to the Term have exclusive control and management of Landlord, and Landlord shall have the full right and authority to employ all personnel and to make all reasonable nondiscriminatory rules and regulations as Landlord may in its reasonable discretion deem proper, pertaining to the proper operation and maintenance of the Building 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 invitees or employees. Landlord may shall have the right to temporarily close all or any portion of the Common Areas for repairsto such extent as may, remodeling and/or alterationsin the reasonable opinion of Landlord’s counsel, be legally sufficient to prevent a public dedication thereof or the accrual of prescriptive rightsany rights to any person or the public therein; and to close temporarily any portion thereof in connection with the completion of necessary repairs thereto, or for any other reason deemed sufficient by Landlordand except as otherwise expressly provided herein, without liability to Landlord. Tenant shall not be required entitled to comply with any rules and regulations for compensation, damages, or diminution or abatement of rent, nor shall same be deemed a constructive or actual eviction. Provided that Tenant is leasing the Project entire Rentable Area of the Building other than those attached the Third Party Ground Floor Retail Space, and subject to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's ’s prior written approval, which shall not be unreasonably withheld or delayed, Tenant (at Tenant’s expense) shall have the exclusive control, operation, maintenance and repair right to display artwork on the walls of the Common Area gallery area leading from the parking garage, all of which artwork shall be subject to Burger King-related artwork (“Burger King Artwork”). Any such Burger King Artwork is part of Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises’s Property.

Appears in 1 contract

Samples: Lease (Burger King Holdings Inc)

Use of Common Areas. Landlord agrees to cause to be operated, managed and maintained during the Term of this Lease all of the Common Areas of the Shopping Center. Landlord agrees to maintain the Common Areas of the Shopping Center in good order, condition and repair and in a safe, clean, sightly and sanitary condition in accordance with good and accepted shopping center practices. The maintenance obligations of Landlord shall include (without limitation) the re-striping of parking areas when required, repairing of the Common Areas and adequate lighting of all exterior Common Areas. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has granted or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas of such other facilities as may be provided designated by Landlord, Landlord from time to time; subject, however, to compliance with all rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants as are prescribed from time to time by Landlord in a reasonable Landlord. In particular, Tenant and non-discriminatory manner. Landlord its employees shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings park their cars only in the Irvine Spectrum as Landlord may determine areas specifically designated from time to be appropriate. All reasonable costs incurred time by Landlord for that purpose. Tenant covenants that it will enforce the maintenance parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, Landlord shall have the right to cause the vehicle to be towed to a location designated by Landlord, and operation Tenant shall be obligated to reimburse Landlord for all towing charges. Tenant further agrees to hold harmless Landlord and defend Landlord, its agents and employees against any and all claims of the Common Areas shall be included in Project Costs unless excluded under Section 4.2 or unless any particular cost incurred can be charged to a specific tenant employee and/or owner 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 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 invitees or employeesvehicle towed. Landlord may at any time close temporarily close any portion of the Common Areas for repairs, remodeling and/or alterationsto make repairs or changes, to prevent a the acquisition of public dedication or rights in the accrual of prescriptive rightsCommon Areas and to discourage non-customer use, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant provided the same shall not be required materially adversely affect access to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair or visibility of the Common Area shall be subject Leased Premises. In addition, Landlord may modify, from time to Tenant's time, the traffic flow pattern and layout of parking rights contained in Section 6.4 below spaces and the entrances-exits to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion adjoining public streets or walkways, utilize portions of the Common Areas for entertainment, displays and charitable activities, and do such other acts in and to the Common Areas as in its judgment may be desirable to improve the convenience or attraction thereof, provided the same shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable materially adversely affect access to or parking for visibility of the Leased Premises.

Appears in 1 contract

Samples: Center Lease (Big Buck Brewery & Steakhouse Inc)

Use of Common Areas. The occupancy All facilities furnished by Tenant Landlord in the Shopping Center and designated for the general use, in common, of occupants of the Premises Shopping Center, including Tenant hereunder, their officers, agents, employees and customers, including, but not limited to, parking areas, streets, sidewalks, canopies, roadways, loading platforms, washrooms, shelters, ramps, landscaped areas and other similar facilities, shall include at all times be subject to the use exclusive control and management of Landlord. Landlord shall have the right from time to time to change the area, level, location 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 Areas in common with Landlord facilities. Tenant hereunder and with all others for whose convenience any other subtenants and use the Common Areas may be provided by Landlord, subject, however, to compliance licensees shall comply with all rules and regulations as are prescribed made by Landlord pertaining to the operation and maintenance of said common facilities, 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 Shopping Center, Landlord and any other parties permitted by Landlord from time to time by time, and Tenant and its employees may not park in any portion of the parking area, except that portion thereof, if any, designated or which may hereafter be designated as “Employees’ Parking Area.” Landlord in a reasonable and non-discriminatory mannerretains the right to grant exclusive parking rights to portions of the Shopping Center to other tenants of the Shopping Center. Landlord shall operate have the exclusive right at any 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 be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be 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 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas common areas for the purpose of making repairs, remodeling and/or alterationschanges or additions thereto and may change the size, to prevent a public dedication area or arrangement of the parking areas or the accrual of prescriptive rightslighting thereof within or adjacent to the existing areas and may enter into agreements with adjacent owners for cross-easements for parking, ingress or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premisesegress.

Appears in 1 contract

Samples: Center Lease Agreement (Pulse Evolution Corp)

Use of Common Areas. The occupancy by Tenant of the Premises shall include the use of the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-discriminatory manner. Landlord shall operate operate, repair and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings to other "flex tech" projects owned by Landlord in the Irvine Spectrum area, as Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Building 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 authorized by Landlord's rules and regulationsregulations or as otherwise expressly provided in this Lease. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations. Nothing Except as otherwise expressly provided in this Lease, 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 1 contract

Samples: Industrial Lease (Standard Pacific Corp /De/)

Use of Common Areas. The occupancy by Tenant As used herein, “Common Areas” shall mean all areas within the Property that are available for the common use of tenants of the Premises Property and that are not leased or held for the exclusive use of Tenant or other tenants or licensees, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, landscaping and planted areas. Tenant shall include have the nonexclusive right to use the Common Areas for the purposes intended, subject to such reasonable rules and regulations as Landlord may uniformly establish from time to time. Tenant shall not unreasonably interfere with the rights of any or all of Landlord, other tenants or licensees, or any other person entitled to use the Common Areas. Without limitation of the foregoing, Tenant shall not use more than its pro rata share of parking areas and shall not park or store any vehicles or trailers on, or conduct truck loading and unloading activities in, the Common Areas in a manner that unreasonably disturbs, disrupts or prevents the use of the Common Areas in common with Landlord and with all others for whose convenience and by Landlord, other tenants or licensees or other persons entitled to use the Common Areas may be provided by Areas. Landlord, subjectfrom time to time, may change any or all of the size, location, nature and use of any of the Common Areas although such changes may result in inconvenience to Tenant, so long as (a) such changes do not materially or adversely affect Tenant’s use of the Premises or Tenant’s access to the Premises; (b) such changes do not materially or adversely obstruct or impair the visibility of the Premises or the Tenant’s signage on the Building; and (c) such changes do not diminish the number of parking spaces serving the Building below the number of parking spaces required by applicable Law. In addition to the foregoing, Landlord may, at any time, temporarily suspend access to any Common Areas to perform any acts in the Common Areas as, in Landlord’s reasonable judgment, are desirable to improve or maintain either or both of the Premises and the Property, or are required in order to satisfy Landlord’s obligations under either or both of Sections 13.2 and 18; provided, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-discriminatory manner. that 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 use reasonable efforts to be appropriate. All reasonable costs incurred by Landlord for the maintenance limit any disruption of Tenant’s use and operation of the Common Areas shall be included Premises 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 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premisesconnection therewith.

Appears in 1 contract

Samples: Datalink Corp

Use of Common Areas. The occupancy All facilities furnished by Tenant Landlord in the Shopping Center and designated for the general use, in common, of occupants of the Premises Shopping Center, including Tenant hereunder, their officers, agents, employees and customers, including, but not limited to, parking areas, streets, sidewalks, canopies, roadways, loading platforms, washrooms, shelters, ramps, landscaped areas and other similar facilities, shall include at all times be subject to the use exclusive control and management of Landlord. Landlord shall have the right from time to time to change the area, level, location 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 Areas in common with Landlord facilities. Tenant hereunder and with all others for whose convenience any other subtenants and use the Common Areas may be provided by Landlord, subject, however, to compliance licensees shall comply with all rules and regulations as are prescribed from time to time made by Landlord pertaining to the operation and maintenance of said common facilities, 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 of tenants of the Shopping Center and Tenant and its employees may not park in a reasonable any portion of the parking area, except that portion thereof designated or which may hereafter be designated as "Employees' Parking Area." Upon request of the Landlord, Tenant will furnish to Landlord the license numbers of any automobiles belonging to Tenant or its employees and non-discriminatory mannerin the event any of such vehicles shall be parked in areas other than those designated for employee parking, the Tenant shall pay to Landlord forthwith on demand an amount equal to $10.00 per day of each day that such vehicles shall be parked in such nondesignated areas. Landlord shall operate have the exclusive right at any 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 be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be 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 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas common areas for the purpose of making repairs, remodeling and/or alterationschanges or additions thereto and may change the size, to prevent a public dedication area or arrangement of the parking areas or the accrual of prescriptive rightslighting thereof within or adjacent to the existing areas and may enter into agreements with adjacent owners for cross-easements for parking, ingress or for any other reason deemed sufficient by Landlord, without liability to Landlordegress. Tenant shall not be required to comply with any rules and regulations In the event that the lighting controls for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area common areas shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of located within the Premises, nor its reasonable access then Landlord shall in such event have the right to or parking enter the Premises of the Tenant for the Premisespurpose of adjusting or otherwise dealing with the said controls as required.

Appears in 1 contract

Samples: Center Lease Agreement (Top Group Holdings Inc)

Use of Common Areas. The occupancy use and occupation by Tenant of the Premises shall include the use nonexclusive use, in common with others entitled thereto, of the Common Areas in common with Landlord including, without limitation, the lobbies, waiting areas and with all others other areas for whose convenience the nonexclusive use of tenants, and use agents, employees, customers and invitees of Tenants, within the Building as such Common Areas now exist or as may hereafter be constructed for the benefit of or as a part of the Building, and other facilities as may be provided designated from time to time by Landlord, subject, however, to compliance with all the terms and conditions of this Lease and the reasonable nondiscriminatory rules and regulations for the use thereof as are prescribed from time to time by Landlord in a reasonable the Landlord. (The elevators and non-discriminatory manner. Landlord shall operate and maintain stairwells to the second floor are for the exclusive use of other tenants.) Subject to the terms of this Lease, all Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be 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 be subject to the Term have exclusive control and management of Landlord, and Landlord shall have the full right and authority to employ all personnel and to make all reasonable nondiscriminatory rules and regulations as Landlord may in its reasonable discretion deem proper, pertaining to the proper operation and maintenance of the Building 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 invitees or employees. Landlord may shall have the right to temporarily close all or any portion of the Common Areas for repairsto such extent as may, remodeling and/or alterationsin the reasonable opinion of Landlord's counsel, be legally sufficient to prevent a public dedication thereof or the accrual of prescriptive rightsany rights to any person or the public therein; and to close temporarily any portion thereof in connection with the completion of necessary repairs thereto, or for any other reason deemed sufficient by Landlordand except as otherwise expressly provided herein, without liability to Landlord. Tenant shall not be required entitled to comply with any rules and regulations for the Project other than those attached to this Lease unless compensation, damages, or diminution or abatement of rent, nor shall same be deemed a constructive or actual eviction; provided, however, in no event shall any such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of prohibit Tenant from accessing the Premises, nor its reasonable access to or parking for otherwise, all Fixed Annual Rent and additional rent payable by Tenant hereunder shall xxxxx during the Premisesperiod in which Tenant shall be prohibited from accessing the Premises as a result of such closure.

Appears in 1 contract

Samples: Lease (Anchor Funding Services, Inc.)

Use of Common Areas. The occupancy by Tenant of and its officers, employees, agents, customers and invitees shall have the Premises shall include the use of the Common Areas nonexclusive right, in common with Landlord and with all others for whose convenience and to whom Landlord has or may hereafter grant rights, to use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed designated from time to time by Landlord, subject to such regulations as Landlord may from time to time impose, including the designation of the days and hours of operation and use and designation of specific areas in a reasonable which motor vehicles owned or used by Tenant, its officers, employees, and non-discriminatory manneragents must be parked. Tenant shall, upon request, furnish to Landlord the license numbers and descriptions of the motor vehicles operated by Tenant and its officers, agents and employees. If Landlord designates such parking areas, and if any motor vehicle of Tenant, or an officer, employee or agent of Tenant is parked in any other portion of the Shopping Center, Tenant shall pay to Landlord, upon demand, the sum of Fifty and 00/100 Dollars ($50.00) for each such motor vehicle for each day, or part thereof, such motor vehicle is so parked, and Tenant hereby authorizes Landlord to tow or cause any such car to be towed to the then designated parking area, and Tenant hereby agrees to reimburse Landlord for the cost thereof upon demand, and otherwise indemnify and hold Landlord harmless with respect thereto. Tenant agrees to abide by such regulations and to use its best efforts to cause its officers, employees, agents, customers and invitees to conform thereto. Landlord may at any time close temporarily the Common Areas or any portion thereof to make repairs or changes to prevent the acquisition of public rights therein, or to discourage noncustomer parking, and may do such other acts in and to the Common Areas as in its judgment may be desirable to improve the convenience thereof. Tenant shall not at any time interfere with the rights of Landlord and other tenants, its and their permitted officers, employees, agents, customers, and invitees, to use any part of the parking areas and other Common Areas. Landlord shall operate have the sole 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 exclusive right to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be 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 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairsadvertising purposes, remodeling and/or alterationspromotions, to prevent a public dedication or the accrual of prescriptive rightsexhibits, or for any shows, displays, kiosks and such other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premisessimilar uses.

Appears in 1 contract

Samples: Center Lease (Headliners Entertainment Group, Inc.)

Use of Common Areas. Tenant and its business invitees, employees and customers shall have The occupancy by Tenant of the Premises shall include the use of the Common Areas nonexclusive right, in common with Landlord Landlord, the owners of other portions of the Project and with all others for whose convenience and to whom Landlord has granted or may hereafter grant rights, to use the Common Areas may be provided by Landlordfor ingress, subject, however, egress and parking subject to compliance with all rules and such reasonable regulations as are prescribed Landlord or such other person may from time to time by impose and the rights of Landlord in a reasonable and non-discriminatory mannerset forth above. Landlord shall operate not revoke such non-exclusive right so long as Tenant is not in material default under the terms of this Lease. Tenant shall cause its employees and maintain agents to park in any area designated by Landlord for employee parking. Tenant authorizes Landlord, upon at least one hour's prior notice to Tenant's store manager, to cause any car that fails to comply with such regulation to be towed from the Common Areas in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as Landlord may determine to be appropriate. All reasonable costs incurred by and Tenant shall reimburse Landlord for the maintenance cost thereof. Tenant shall abide by all such reasonable rules and operation regulations and use its best efforts to cause its concessionaires, officers, employees, and agents to abide thereby. Landlord or the owner of any other portion of the Project may, at any time close temporarily any Common Areas to make repairs or changes, prevent the acquisition of public rights therein, discourage non-customer parking, or for other reasonable purposes. Tenant shall be included in Project Costs unless excluded under Section 4.2 furnish Landlord license numbers and descriptions of cars used by Tenant and its concessionaires, officers and employees. Tenant shall not interfere with Landlord's or unless other permitted users' rights to use 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 part of the Common Areas. All Common Areas which Tenant may be permitted to use are to be used under a revocable license, and may restrain if 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 ofsuch license is revoked, or for any injury toif the amount of such area is diminished, Tenant, its invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premisesliability, nor its reasonable access shall Tenant be entitled to any compensation or parking for the Premisesdiminution or abatement of rent, nor shall such revocation of diminution of such areas be deemed constructive or actual eviction.

Appears in 1 contract

Samples: Lease Agreement (Karting International Inc)

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Use of Common Areas. The occupancy All facilities furnished by Tenant Landlord in the Center and designated for the general use, in common, of occupants of the Premises Center, including Tenant hereunder, their officers, agents, employees and customers, including, but not limited to, parking areas, streets, sidewalks, canopies, roadways, loading platforms, washrooms, shelters, ramps, landscaped areas and other similar facilities, shall include at all times be subject to the use exclusive control and management of Landlord. Landlord shall have the right from time to time to change the area, level, location 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 Areas in common with Landlord facilities. Tenant hereunder and with all others for whose convenience any other subtenants and use the Common Areas may be provided by Landlord, subject, however, to compliance licensees shall comply with all rules and regulations as are prescribed made by Landlord pertaining to the operation and maintenance of said common facilities, 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 by time, and Tenant and its employees may not park in any portion of the parking area, except that portion thereof, if any, designated or which may hereafter be designated as “Employees’ Parking Area.” Landlord in a reasonable and non-discriminatory mannerretains the right to grant exclusive parking rights to portions of the Center to other tenants of the Center. Landlord shall operate have the exclusive right at any 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 be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be 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 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas common areas for the purpose of making repairs, remodeling and/or alterationschanges or additions thereto and may change the size, to prevent a public dedication area or arrangement of the parking areas or the accrual 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 grant of prescriptive rightsrights to use parking areas hereunder creates a limited use license and not a bailment. Tenant assumes all risk and responsibility for damage to vehicles, and any personal property contained in such vehicles, as well as the vehicles or 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 risk and expense of the vehicle owner. Landlord is not responsible for any other reason deemed sufficient by Landlord, without liability damage to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights vehicles or property contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premisesvehicles.

Appears in 1 contract

Samples: Lease Agreement

Use of Common Areas. The occupancy by Tenant of the Premises shall include the use of the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-discriminatory mannerLandlord. Landlord shall operate and maintain the Common Areas in a consistent with other first-class manner consistent with comparable Class A office buildings business projects in the Irvine Spectrum as area of the Project, in the manner Landlord may determine to be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Costs unless excluded under Section 4.2 or Building Costs, unless any particular cost incurred can should be charged to a specific tenant of the ProjectProject 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 1 contract

Samples: Industrial Lease (Discovery Partners International Inc)

Use of Common Areas. The occupancy by Tenant of and its concessionaires, officers, employees, contractors, agents, customers and invitees (collectively, “Invitees”) shall have the Premises shall include the use of the Common Areas non-exclusive right, in common with Landlord and with all others for whose convenience other tenants and their Invitees to use the Common Areas may be provided by LandlordAreas, subject, however, subject to compliance with all reasonable and uniformly enforced rules and regulations consistent with the provisions of this Lease as are prescribed from time Landlord may impose. Landlord may, but shall not be obligated, to time designate specific areas in the parking areas of the Business Park in which cars owned by Landlord in a reasonable Tenant, its concessionaires, officers, employees and non-discriminatory manneragents must be parked. Landlord shall operate prohibit delivery trucks serving other tenants from parking in front of the Leased Premises and maintain Tenant shall use its best efforts to require that all deliveries to the Leased Premises be made only through its rear entrance. 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-customer parking; and Landlord may do such other acts in the Common Areas as in a first-class manner consistent with comparable Class A office buildings in the Irvine Spectrum as its judgment may be desirable to improve its convenience, but Landlord may determine not impose any parking charge. Notwithstanding anything to be appropriatethe contrary contained in this Lease, in exercising its rights under this Section, including, without limitation, making changes to the Common Areas, Landlord shall not materially obstruct access to the Premises, shall not unreasonably interfere with Tenant’s business, nor materially reduce Tenant’s rights under this Lease. All reasonable costs incurred by Landlord rules and regulations (and any amendment thereof) for the maintenance use and operation of the Common Areas shall be included in Project Costs unless excluded under Section 4.2 or unless any particular cost incurred can be charged effective upon delivery of a copy to a specific tenant of the Project. Landlord shall at all times during the Term have exclusive control of the Common Areas, Tenant 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for materially reduce Tenant’s rights under the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Obagi Medical Products, Inc.)

Use of Common Areas. The occupancy by Tenant of the Premises shall include the use of the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-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 be appropriateLandlord. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Site Costs unless excluded under Section 4.2 or unless except to the extent any particular cost incurred is related to or associated with Tenant and can be charged directly 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 authorized by Landlord's rules and regulationsTenant. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operationsoperations or use of Premises, including without limitation, planters and furniture. Nothing Unless caused by the negligence or willful misconduct of Landlord or its agents, contractors or employees and not covered by Tenant's insurance, nothing in this Lease shall be deemed to impose liability upon Landlord for any damage to to, or loss of the property of, or for any injury toTenant. As long as Tenant's access to and/or use of the Premises is not adversely affected, Tenant, its invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Notwithstanding the foregoing, Tenant shall not be required to comply with any rules and regulations for have the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive controlright, operation, maintenance and repair of the Common Area shall be subject to at Tenant's parking rights contained in Section 6.4 below sole cost and expense, to all other limitations contained in this Lease. Landlord agrees that any temporary closure of secure the entire or any portion of the perimeter of the Buildings with fencing and/or access gates, subject, however, to the prior right of review and approval of such fencing and/or access gates by Landlord, at its sole and absolute discretion, and to the approval of the City and, if required, the Ground Lessor. Conversely, Landlord shall obtain Tenant's prior reasonable approval of the kinds of any trees planted in the parking areas. For so long as Tenant leases all Buildings within the Site, except to the extent necessary for Landlord to perform its maintenance and repair obligations, Tenant may use the entire Site and the Common Areas shall not unreasonably interfere with Tenant's intended use in a reasonable manner for its own functions including employee parties, etc. so long as no nuisance is thereby created. For so long as Tenant leases all of the PremisesNorth Buildings and/or all of the South Buildings of the site, nor its reasonable access Tenant shall have the right to or control the parking for those respective Buildings, and may install access control gating therefor approved by Landlord, the PremisesCity and, if and to the extent required by the Ground Lease, the Ground Lessor. Tenant shall be solely responsible for the costs of installation, maintenance and removal of any access control or gating systems installed by Tenant.

Appears in 1 contract

Samples: Lease (Broadcom Corp)

Use of Common Areas. The occupancy So long as Tenant occupies the entire rentable area of the Building under the Lease and the 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 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 governmental rule or regulation and further provided that (a) Article 13 shall apply to any Alterations made by Tenant to the Building Lobby, but, notwithstanding anything in said Article 13 or elsewhere in the Lease to the contrary, Landlord may withhold its consent to Alterations in the 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 Premises shall include the use Term of the Common Areas 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 access to the electrical room(s) and telephone room serving the Building, but not to the rooms housing mechanical (elevator and fire sprinkler) systems for repair or maintenance of equipment serving Tenant's Premises. Such use shall be in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-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 be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas Tenant agrees that such rooms shall be 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 kept locked at all times during when Tenant is not accessing same for the Term have exclusive control of the Common Areas, and may restrain any use or occupancy, except as authorized by Landlord's rules and regulationsabove stated purpose. Tenant shall keep the Common Areas clear of hereby agrees to indemnify Landlord from and against any obstruction loss, cost or unauthorized use related to damage resulting from Tenant's operations. Nothing in this Lease shall be deemed exercise of its rights hereunder (except to impose liability upon Landlord for the extent arising from the negligence or willful misconduct of Landlord, its employees, agents or contractors), including without limitation, any loss or damage to any Building System or loss of the property of, or for any injury to, Tenant, its invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable resulting from unauthorized access to the electrical or parking for the Premisestelephone rooms.

Appears in 1 contract

Samples: Agreement (Starent Networks, Corp.)

Use of Common Areas. The term "common areas", as used in this Lease, shall mean the parking areas, roadways, pedestrian sidewalks, truckways, loading dock, delivery areas, landscaped areas, public bathrooms and comfort stations, flashings, gutters and downspouts, and all other areas or improvements which may be provided by the Landlord for the convenience and use of the tenants of the Shopping Center and their respective subtenants, agents, employees, customers, invitees, and any other licensees of Landlord. The use and occupancy by the Tenant of the Premises shall include the use of the Common Areas use, in common with Landlord and with all others for whose convenience and to whom Landlord has granted or may hereafter grant rights to use the Common Areas same of the common areas located within the Shopping Center, and of such other facilities as may be provided by Landlorddesignated from time to time, subject, however, to compliance with all rules and regulations Regulations for the use thereof as are prescribed from time to time by Landlord the Landlord. Tenant and its employees shall park their cars only in a reasonable and non-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 areas specifically designated from time to be appropriate. All reasonable costs incurred time by Landlord for the maintenance and operation that purpose. Automobile license numbers of the Common Areas employees' cars shall be included in Project Costs unless excluded under Section 4.2 or unless any particular cost incurred can be charged furnished to a specific tenant of the ProjectLandlord upon Landlord's request. Landlord shall may at all times during any time close temporarily any common area to make repairs or changes, to prevent the Term have exclusive control acquisition of the Common Areas, public rights in such area or to discourage non-customer parking; and may restrain any use or occupancy, except do such other acts in and to the common areas as authorized by Landlord's rules and regulationsin its judgment may be desirable to improve the convenience thereof. Tenant shall keep have the Common Areas clear right within one (1) year after the end of any obstruction or unauthorized use related 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 operations. Nothing audit of Landlords "Shared Expenses" indicate that an error was made in this Lease 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 deemed to impose liability upon Landlord for any damage to or loss of the property of, or for any injury to, Tenant, its invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. recalculated and Tenant shall not be required to comply with any rules and regulations receive a credit for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to same against Tenant's parking rights contained in Section 6.4 below and future Shared Expense payments. In the alternative, Landlord shall have the right to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premisesmake such p ayment by check.

Appears in 1 contract

Samples: Leasing Agreement (Quikbiz Internet Group Inc)

Use of Common Areas. The occupancy by Tenant of the Premises shall include the use of the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord and which are not adopted or enforced in a reasonable and non-discriminatory mannermanner within the Project. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings good order and condition and otherwise in the Irvine Spectrum as manner Landlord may determine to be appropriate. All reasonable Except as otherwise set forth in Section 4.2, all costs incurred by Landlord for the maintenance and operation of the Common Areas shall be included in Project Building Costs unless excluded under (on a proportionate basis in accordance with Section 4.2 or 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 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 invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required Any alterations or closures of or additions to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area or the Project performed by Landlord, and all maintenance, repair or remodeling of the Project, Building or Premises, which Landlord performs, shall be subject performed so as to Tenantminimize Landlord's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere interference with Tenant's intended use of of, and business operations at, the Premises, nor its reasonable access Premises to or parking for the Premisesextent reasonably possible.

Appears in 1 contract

Samples: Industrial Lease (Scoop Inc/De)

Use of Common Areas. The occupancy by During the Term, Tenant shall have a non-exclusive license to use the Common Areas, such license being subject to the exclusive control and management of Landlord and the Premises shall include the rights of Landlord and of other tenants. Tenant agrees to comply with such rules and regulations as Landlord prescribes regarding use of the Common Areas in common with Landlord and with all others for whose convenience and Areas. Tenant agrees it shall not use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-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 be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation of the Common Areas shall be 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 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 sales or loss of the property ofdisplay purposes, or for any injury topurpose which would impede or create hazardous conditions for the flow of pedestrian or other traffic. Tenant agrees that the parking spaces, Tenant, its invitees or employees. Landlord may temporarily close any portion fire lanes and the lanes in the front of the Common Areas Leased Premises shall not be used for repairsthe loading or unloading of trucks or other vehicles. Trucks are to only use such entrances, remodeling and/or alterationsexits, 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 prevent Landlord a public dedication list of license numbers of all of Tenant's and its employees' vehicles. In the event Tenant or the accrual of prescriptive rightsits employees fail to park their vehicles in designated parking areas, or for any in the event Tenant undertakes or permits the delivery of merchandise or other reason deemed sufficient by items except as herein provided, Landlord may, in addition to its other rights and remedies under this Lease, charge Tenant and Tenant shall pay to Landlord, without liability 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 Landlord. 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 comply with pay the aforementioned sum, until Landlord has given Tenant written notice of two (2) such violations within any rules Lease Year, after which time both the Default and regulations for payable sum shall apply. Landlord hereby agrees that it shall install signage to designate the Project other than those attached six (6) parking spaces shown on Exhibit A as "30-minute only" customer parking. Such parking shall be available to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair all customers of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below Shopping Center and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access be required to or parking for the Premises"tow" any automobiles in enforcing such thirty (30) minute time limit restriction.

Appears in 1 contract

Samples: Lease Agreement (HCNB Bancorp Inc)

Use of Common Areas. The occupancy Tenant shall have the nonexclusive right (in common with other tenants and all others to whom Landlord has granted or may grant such rights) to use the Common Areas for the purposes intended, subject to such reasonable rules and regulations 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 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 Common Areas as, in Landlord’s judgment, are desirable to improve the Project. Tenant shall not interfere with the rights of Landlord, other tenants or any other person entitled to use the Premises Common Areas. Tenant shall include 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 Section 5.12 and, at Tenant’s sole cost and 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. In the event Landlord determines that Tenant’s use of the Common Areas in common with Landlord and with all others for whose convenience and is disproportionate to the use the Common Areas may be provided by Landlord, subject, however, to compliance with all rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-discriminatory manner. Landlord shall operate and maintain the Common Areas in a first-class manner consistent with comparable Class A office buildings other tenants in the Irvine Spectrum as Project, Landlord may determine reserves the right: (i) to be appropriate. All reasonable costs incurred by Landlord charge Tenant extra for said increased usage which charge shall reflect the increased cost of Landlord’s maintenance and operation of the Common Areas due to Tenant’s usage; (ii) to provide separate trash receptacles for Tenant which cost shall be included in Project Costs unless excluded under Section 4.2 or unless any particular cost incurred can be charged to a specific tenant the sole responsibility of the Project. Landlord shall at all times during the Term have exclusive control of the Common Areas, Tenant 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 paid by Tenant as Additional Rent; and/or (iii) to impose liability upon Landlord require Tenant to arrange for any damage to or loss of the property of, or for any injury to, its own separate trash receptacles and collection at Tenant, its invitees or employees. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent ’s sole cost and expense using a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability contractor satisfactory to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and application. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any temporary closure of any portion of the Common Areas shall not unreasonably interfere with Tenant's intended use of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 1 contract

Samples: Office Lease (Insys Therapeutics, Inc.)

Use of Common Areas. The occupancy by Tenant of the Premises and Building shall include the use of the Common Areas as provided in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlordthis Article VI, subject, however, to compliance with all non-discriminatory rules and regulations as are prescribed from time to time by Landlord in a reasonable and non-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 be appropriate. All reasonable costs incurred by Landlord for the maintenance and operation use of the Common Areas shall be 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 ProjectAreas. Landlord shall at all times during the Term have exclusive control of the Common Areas, and may restrain or permit any use or occupancy, except as authorized by Landlord's ’s rules and regulationsregulations for use of the Common Areas. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant's operations’s operations or use of Premises, including without limitation, planters and furniture. Nothing Provided Landlord uses reasonable efforts not to interfere with the conduct of Tenant’s business at the Premises, 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 invitees or employeesemployees except to the extent caused by the fault of negligence of Landlord. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reason deemed sufficient by Landlord, without liability to Landlord. Tenant shall not be required to comply with any rules and regulations for the Project other than those attached to this Lease unless such rules and regulations are commercially reasonable and nondiscriminatory in content and applicationTenant. Landlord's exclusive control, operation, maintenance and repair of the Common Area shall be subject to Tenant's parking rights contained in Section 6.4 below and to all other limitations contained in this Lease. Landlord agrees that any ’s temporary closure of any portion of the Common Areas for such purposes shall not unreasonably interfere with Tenant's intended use deprive Tenant of the Premises, nor its reasonable access to or parking for the Premises.

Appears in 1 contract

Samples: Lease (Sonicwall Inc)

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