Common use of Use of Common Facilities Clause in Contracts

Use of Common Facilities. Tenant shall not sell merchandise or place carts, sales racks, portable signs, seating, tables or other objects (collectively “Tenant’s Outside Equipment”) outside the defined exterior walls, on the roof nor in permanent doorways of the Premises, or otherwise engage in any sales activities in the Common Facilities (including without limitation the placing or operation of any service tables or “sidewalk cafe” therein) without Landlord’s prior written consent in each instance, which consent Landlord may condition, or withhold, in its sole discretion. If Landlord does so consent, in addition to any other conditions on such permission that Landlord may impose, the following shall apply: (a) Tenant shall cause the Common Facilities so used or affected by such use, and all of Tenant’s Outside Equipment placed therein, to be maintained in good and sightly condition and repair, and shall cause the same to be cleaned as often as necessary, no less frequently than daily, (b) Tenant shall be responsible for regularly bussing any and all tables and other eating areas placed or used by Tenant in the Common Facilities, (c) none of Tenant’s Outside Equipment provided or installed by Tenant in the Common Facilities, regardless of proximity to the Premises, shall be considered exclusive to Tenant or its customers, (d) all of the disclaimer, indemnity provisions of Articles 12 and 13 of this Lease shall apply to such outside use, and Landlord shall not be liable for the damage to or theft of any of Tenant’s Outside Equipment, and (e) Landlord’s consent may be withdrawn at any time. If Tenant and/or the other tenants or occupants of the Property that may be utilizing any tables, seating, sidewalk cafe or outside sales area do not, through voluntary cooperation or otherwise, maintain the cleanliness and order of such area to Landlord’s satisfaction, Landlord shall have the right to hire employees or engage an outside service or services to do so, and the cost of such employees or services (or Tenant’s share thereof as determined by Landlord) shall be included in Tenant’s share of Operating Costs.

Use of Common Facilities. (a) The Subtenant, together with and in common with all others entitled thereto, shall be entitled to the continued use, enjoyment and benefit of the Common Facilities set out in Schedule “A” for the purpose of ingress and egress (the “Common Facilities”). For clarity, other than the designated Common Facilities for the Property, the Subtenant shall not be entitled to the use of any other areas of the Property. Without limiting the above, during business hours, the Subtenant shall access the Subleased Premises by using the main entrance or front door of the Property. After business hours, the Subtenant will be entitled to access the Subleased Premises via the caterer’s door. During the Subtenant’s use of the caterer’s door as an access to the Subleased Premises after business hours, the Subtenant shall be permitted to leave the door unlocked but such door shall not be propped open. Once the Subtenant no longer requires the use of the caterer’s door during non-business hours, the Subtenant shall ensure the caterer’s door is locked. The Subtenant shall not unreasonably block or in any manner hinder the Tenant or other persons who may be authorized by the Tenant to utilize the Common Facilities from so doing. The Tenant may, in its discretion from time to time, permit certain persons to have the exclusive use of portions of the Common Facilities to the exclusion of the Subtenant and other persons but the Tenant shall not sell merchandise or place carts, sales racks, portable signs, seating, tables or other objects (collectively “Tenantrestrict the Subtenant’s Outside Equipment”) outside access to the defined exterior walls, on the roof nor in permanent doorways of the Subleased Premises, or otherwise engage in any sales activities in the Common Facilities (including without limitation the placing or operation of any service tables or “sidewalk cafe” therein) without Landlord’s prior written consent in each instance, which consent Landlord may condition, or withhold, in its sole discretion. If Landlord does so consent, in addition to any other conditions on such permission that Landlord may impose, the following shall apply: (a) Tenant shall cause the Common Facilities so used or affected by such use, and all of Tenant’s Outside Equipment placed therein, to be maintained in good and sightly condition and repair, and shall cause the same to be cleaned as often as necessary, no less frequently than daily, ; (b) Subject to the terms herein, all Common Facilities shall at all times be under the exclusive control and management of the Tenant. After consultation with the Subtenant, the Tenant shall be responsible for regularly bussing entitled to make reasonable rules and regulations applying uniformly to all lessees of the Property. If the Tenant enforces any and such rules or regulations against the Subtenant, it shall enforce such rules or regulations against all tables and other eating areas placed or used by Tenant in Subtenants of the Common FacilitiesProperty, if applicable; (c) none of Tenant’s Outside Equipment provided or installed by Tenant in Common Facilities which the Common FacilitiesSubtenant may be permitted to use and occupy, regardless of proximity are to the Premises, shall be considered exclusive to Tenant or its customers, (d) all of the disclaimer, indemnity provisions of Articles 12 used and 13 of this Lease shall apply to such outside useoccupied under a revocable licence, and Landlord if the amount of such areas be diminished, the Tenant shall not be liable for subject to any liability, nor shall the damage Subtenant be entitled to any compensation or theft diminution or abatement of Rent, nor shall such diminution of such areas be deemed constructive or actual eviction, or a breach of any of Tenant’s Outside Equipment, and (e) Landlord’s consent may be withdrawn at any time. If Tenant and/or the other tenants or occupants of the Property that may be utilizing any tables, seating, sidewalk cafe or outside sales area do not, through voluntary cooperation or otherwise, maintain the cleanliness and order of such area to Landlord’s satisfaction, Landlord shall have the right to hire employees or engage an outside service or services to do so, and the cost of such employees or services (or Tenant’s share thereof as determined by Landlord) shall be included in Tenant’s share of Operating Costscovenant for quiet enjoyment.

Use of Common Facilities. Tenant shall have the non-exclusive right to use the Common Facilities in common with Landlord, other tenants in the Building, and others entitled to the use of the Common Facilities pursuant to the applicable covenants and restrictions, subject to such reasonable rules and regulations governing the use of the Common Facilities as Landlord may from time to time prescribe and subject to such easements therein as Landlord may from time to time grant to others. Tenant shall not sell merchandise or place carts, sales racks, portable signs, seating, tables or other objects (collectively “Tenant’s Outside Equipment”) outside the defined exterior walls, on the roof nor in permanent doorways of the Premises, or otherwise engage obstruct in any sales activities in way any portion of the Common Facilities (including or in any way interfere with the rights of other persons entitled to use the Common Facilities and shall not, without limitation the placing or operation of any service tables or “sidewalk cafe” therein) without Landlord’s prior written consent in each instanceof Landlord, which consent Landlord may condition, or withhold, in its sole discretion. If Landlord does so consent, in addition to any other conditions on such permission that Landlord may impose, the following shall apply: (a) Tenant shall cause use the Common Facilities so used in any manner, directly or affected by such useindirectly, for the location or display of any merchandise or property belonging to Tenant or for the location of signs relating to Tenant’s operations in the Premises. The Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Tenant shall also have access to and the right to park in not less than 5 standard parking spaces per 1,000 square feet of Premises, for use in common with other tenants of the Building, in designated common parking areas adjacent to the Building, and all of Tenant’s Outside Equipment placed thereinat no cost to Tenant during the Term or any renewal term, with overflow parking for use in common with others to be maintained provided in good the parking lot behind 7085 and sightly condition 7095 Sxxxxx Xxxxx Drive, as shown on the attached SCHEDULE H (the “Overflow Parking”), so as to provide an overall parking ratio of 7 standard parking spaces per 1,000 square feet of Premises. Tenant shall take steps to insure that its usage of parking at the Center and repairin the Overflow Parking by its employees and visitors conforms to such ratio. Tenant shall be entitled to have its name inserted in the Building directory and Building standard suite entry signage, and shall cause the costs of the same to be cleaned as often as necessary, no less frequently than daily, (b) paid by Landlord. Tenant shall be responsible for regularly bussing any and all tables and other eating areas placed or used by Tenant in the Common Facilities, (c) none of Tenant’s Outside Equipment provided or installed by Tenant in the Common Facilities, regardless of proximity to the Premises, shall be considered exclusive to Tenant or its customers, (d) all of the disclaimer, indemnity provisions of Articles 12 and 13 of this Lease shall apply to such outside use, and Landlord shall not be liable for the damage to or theft of any of Tenant’s Outside Equipment, and (e) Landlord’s consent may be withdrawn at any time. If Tenant and/or the other tenants or occupants of the Property that may be utilizing any tables, seating, sidewalk cafe or outside sales area do not, through voluntary cooperation or otherwise, maintain the cleanliness and order of such area to Landlord’s satisfaction, Landlord shall also have the right to hire employees or engage have an outside service or services exterior lighted “CoStar Group” sign above the third floor of the Building on the one façade of the Building facing Interstate Route 95. Tenant shall pay all costs and expenses in connection with the design, permitting, fabrication, installation, maintenance, repair and removal (including necessary repairs to do so, and the cost Building) of all such employees or services (or signs. Tenant’s share thereof as determined by Landlord) rights with respect to any and all signs shall be included subject to (a) Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed and (b) the pertinent requirements of applicable law or restrictive covenants. Landlord shall reasonably cooperate with Tenant, at no cost to Landlord, in Tenant’s share of Operating Costs.efforts to obtain permits required for Tenant’s signage. Landlord has approved an exterior sign per the specifications attached hereto as SCHEDULE I.

Use of Common Facilities. Tenant (a) The use and occupancy by Lessee of the Premises shall include the use of the common facilities in common with Lessor and with all others for which convenience and use the common facilities have been or may hereafter be provided by Lessor, subject, however, to reasonable rules and regulations for the use thereof as prescribed from time to time by Lessor. Lessor shall operate, manage, equip, light, repair, clean and maintain the common facilities in a good, clean and safe condition and manner, except for normal wear and tear. Nothing contained herein shall be deemed to create liability upon Lessor for any damage to motor vehicles of customers or employees or from loss of property from within such motor vehicles. Lessor may temporarily close any common facility for repairs or alterations, to prevent a dedication thereof or the accrual of prescriptive rights therein, or for any other reason deemed sufficient by Lessor. (b) Except for those eight parking spaces designated for Lessee's visitors within the areas outlined in blue on Exhibit "A" and such additional spaces and in such locations as Lessee may reasonably determine to be necessary for its banking operations and mutually agreed upon (as to which Lessee may post signs for such use, provided that Lessor shall not sell merchandise be responsible for preventing or place cartssupervising any conflicting uses), sales racksLessor shall at all times during the term of this Lease have the sole and exclusive control of the automobile parking areas now or hereafter made available by Lessor for the Building, portable signs, seating, tables or other objects (collectively “Tenant’s Outside Equipment”) outside the defined exterior walls, on the roof nor in permanent doorways of the Premises, or otherwise engage in any sales activities in the Common Facilities (including without limitation the placing or operation of any service tables or “sidewalk cafe” therein) without Landlord’s prior written consent in each instanceall exterior stairways, which consent Landlord may condition, or withhold, in its sole discretion. If Landlord does so consent, in addition to any other conditions on such permission that Landlord may impose, the following shall apply: (a) Tenant shall cause the Common Facilities so used or affected by such useelevators, and all other building areas provided by Lessor for the common use of Tenant’s Outside Equipment placed thereinLessor and tenants, to be maintained in good their employees and sightly condition invitees, driveways, entrances and repairexits and the sidewalks, pedestrian passageways and other common facilities, and shall cause may at any time and from time to time during the same term hereof restrain or restrict any use or occupancy thereof, and may impose reasonable parking charges upon Lessee and its employees with respect thereto, all in accordance with reasonable rules and regulations for the use of such areas established by Lessor from time to be cleaned as often as necessary, no less frequently than daily, (b) Tenant shall be responsible for regularly bussing any time. The rights of Lessee in and all tables and other eating areas placed or used by Tenant in the Common Facilities, (c) none of Tenant’s Outside Equipment provided or installed by Tenant in the Common Facilities, regardless of proximity to the Premises, common facilities shall at all times be considered exclusive subject to Tenant or its customers, (d) all the rights of the disclaimer, indemnity provisions of Articles 12 Lessor and 13 of this Lease shall apply to such outside use, and Landlord shall not be liable for the damage to or theft of any of Tenant’s Outside Equipment, and (e) Landlord’s consent may be withdrawn at any time. If Tenant and/or the other tenants of Lessor to use the same in common with Lessee, and Lessee shall keep said facilities free and clear of any obstructions created or occupants permitted by Lessee or resulting from Lessee's operations in the Premises. If in the opinion of Lessor, unauthorized persons are using any of said facilities by reason of the Property that may be utilizing any tablespresence of Lessee in the Development, seatingLessee, sidewalk cafe or outside sales area do notupon demand of Lessor, through voluntary cooperation or otherwise, maintain the cleanliness and order of shall restrain such area to Landlord’s satisfaction, Landlord unauthorized use by appropriate proceedings. Nothing herein shall have affect the right of Lessor at any time to hire remove any such unauthorized person from the common facilities nor to prohibit the use of any said facilities by unauthorized persons. Lessee and its employees shall park their vehicles only in those portions of the parking areas from time to time designated for that purpose by Lessor. Lessee shall furnish Lessor with a list of its and its employees' vehicle license numbers within fifteen (15) days after taking possession of the Premises and Lessee shall thereafter notify Lessor of any change in such list within five (5) days after such change occurs. Lessee agrees to assume responsibility for compliance by its employees with the parking provisions contained herein. If Lessee or engage its employees park in other than such designated parking areas then Lessor may charge Lessee, as an outside service additional charge, Ten Dollars ($10.00) per day for each day or services partial day each such vehicle is parked in any part of the common facilities other than that designated. Lessee hereby authorizes Lessor to do sotow away from the Development any vehicle belonging to Lessee or Lessee's employees parked in violation of these provisions, and/or to attach violation stickers or notices to such vehicle. In the event Lessor elects or is required to limit or control parking by customers or invitees of the Development, whether by validation of parking tickets, parking meters or any other method of assessment, or any program for free or reduced cost transportation, Lessee agrees to participate in such validation, assessment or transportation program (as the same pertains to its employees) under such reasonable rules and the cost of such employees or services (or Tenant’s share thereof regulations as determined are from time to time established by Landlord) shall be included in Tenant’s share of Operating CostsLessor with respect hereto.