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shall not be liable for the damage to or theft of any of Tenant’s Outside Equipment, and (e) Landlord’s consent may be withdrawn at any time.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. The use and occupancy by 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 Premises shall include the use of the Common Facilities (including without limitation in common with Landlord and with all others for whose convenience and use the placing Common Facilities have been or operation of any service tables or “sidewalk cafe” therein) without may hereafter be provided by Landlord’s prior written consent , subject, however, to rules and regulations for the use thereof as prescribed from time to time by Landlord pursuant to Article XVI below. Landlord shall operate, manage, equip, light, repair, clean and maintain the Common Facilities in each instance, which consent such manner as Landlord may condition, or withhold, in its sole discretiondiscretion determine to be appropriate. If Landlord does so consentshall at all times during the term of this Lease have the sole and exclusive control of all Common Facilities, and may at any time and from time to time during the term hereof restrain any use or occupancy thereof, except as authorized by such rules and regulations, as may be changed from time to time. Tenant shall keep said Common Facilities free and clear of any obstructions related to Tenant's operations. If, in addition to the opinion of Landlord, unauthorized persons are using any other conditions on such permission that Landlord may impose, the following shall apply: (a) Tenant shall cause the of said Common Facilities so used or affected by such use, and all reason 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 presence of Tenant in the Common FacilitiesBuilding, (c) none Tenant, upon demand of Tenant’s Outside Equipment provided or installed by Tenant in the Common Facilities, regardless of proximity to the PremisesLandlord, shall be considered exclusive to Tenant or its customers, (d) all restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right 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 timetime to remove any such unauthorized persons or obstructions. If Tenant and/or Landlord may temporarily close any Common Facility for repairs or alterations as provided in Section 6.2 below, to prevent a dedication thereof or the accrual of prescriptive rights therein, or for any 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 reason deemed sufficient by Landlord) shall be included in Tenant’s share of Operating Costs.

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.