Common use of Use Of Outside Areas Clause in Contracts

Use Of Outside Areas. In connection with Tenant's use of the Outside Areas, Tenant shall at all times keep the Outside Areas in a safe condition, free and clear of all materials, equipment, debris, trash (except within existing enclosed trash areas), inoperable vehicles, and other items that are not specifically permitted by Landlord to be stored or located thereon by Tenant. No materials, pallets, supplies, tanks or containers whether above or below ground level, equipment, finished products or semi-finished products, raw materials, inoperable vehicles or articles of any nature shall be stored upon or permitted to remain outside of the Premises. Tenant shall have the exclusive right to screen or fence off that portion of the Outside Area located adjacent to the Building in the area depicted on Exhibit A ("Adjacent Outside Area") to the extent permitted under and subject to the REA and other Requirements. Any alterations or improvements to the Adjacent Outside Area shall be performed and contracted by Tenant in accordance with the terms and conditions of the Work Letter if constructed as part of the initial Tenant Improvements or in accordance with the terms and conditions of Article 6 if constructed as an Alteration. In addition to any consent rights in the Work Letter or Article 6, Landlord shall have reasonable rights of approval and control over all visual and aesthetic elements of the alterations or improvements to the Adjacent Outside Area with the understanding that the appearance of the Adjacent Outside Area shall be consistent with the first-class nature of the Project. Tenant shall cause the commercial general liability insurance policy required pursuant to Section 9.1.1 to cover its use of the Adjacent Outside Area, and Tenant agrees that the indemnification in Section 8.2 shall apply to the Adjacent Outside Area, subject to the waiver of subrogation in Section 9.2. In addition to the use of the Adjacent Outside Area, Tenant may permit periodic, temporary use of that portion of the Outside Areas located within the boundaries of the Parcel 5 Land for Tenant's private, corporate events, each upon advance prior written notice to Landlord and in compliance with the REA and Requirements. Such notice to Landlord shall be delivered at least thirty (30) days prior to the proposed event and shall include the purpose of the event and the duration of the use of such portion of the Outside Areas, which duration shall be no longer than forty eight (48) hours including the time required for the setup and clean-up for an event. Tenant shall be solely responsible for all costs incurred in connection with, and all Claims arising out of, the use of the Adjacent Outside Area and the use of the Outside Areas for Tenant's corporate events. If Landlord determines that any unauthorized persons are using any of the Outside Areas by reason of, or under claim of, the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, to the fullest extent then allowed by Requirements, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use.

Use Of Outside Areas. In connection with Tenant's ’s use of the Outside Areas, Tenant shall at all times keep the Outside Areas in a safe condition, free and clear of all materials, equipment, debris, trash (except within existing enclosed trash areas), inoperable vehicles, and other items that are not specifically permitted by Landlord to be stored or located thereon by Tenant. No materials, pallets, supplies, tanks or containers whether above or below ground level, equipment, finished products or semi-finished products, raw materials, inoperable vehicles or articles of any nature shall be stored upon or permitted to remain outside of the Premises. So long as Tenant leases the entire rentable square feet of the Project Building adjacent to the Building and having an address of 200 Xxxx Xxxxxx (“Tenant’s Adjacent Premises”), Tenant shall have the exclusive right to screen or fence off that portion of the Outside Area located adjacent to between the Building and Tenant’s Adjacent Premises in the area depicted on Exhibit A ("“Adjacent Outside Area"”) to the extent permitted under and subject to the REA and other Requirements. Any alterations or improvements to the Adjacent Outside Area shall be performed and contracted by Tenant in accordance with the terms and conditions of the Work Letter if constructed as part of the initial Tenant Improvements or in accordance with the terms and conditions of Article 6 if constructed as an Alteration. In addition to any consent rights in the Work Letter or Article 6, Landlord shall have reasonable rights of approval and control over all visual and aesthetic esthetic elements of the alterations or improvements to the Adjacent Outside Area with the understanding that the appearance of the Adjacent Outside Area shall be consistent with the first-class nature of the Project. Tenant shall cause the commercial general liability insurance policy required pursuant to Section 9.1.1 to cover its use of the Adjacent Outside Area, and Tenant agrees that the indemnification in Section 8.2 shall apply to the Adjacent Outside Area, subject to the waiver of subrogation in Section 9.2. In addition to the use of the Adjacent Outside Area, Tenant may permit periodic, temporary use of that portion of the Outside Areas located within the boundaries of the Parcel 5 Land for Tenant's private, corporate events, each upon advance prior written notice to Landlord and in compliance with the REA and Requirements. Such notice to Landlord shall be delivered at least thirty (30) days prior to the proposed event and shall include the purpose of the event and the duration of the use of such portion of the Outside Areas, which duration shall be no longer than forty eight (48) hours including the time required for the setup and clean-up for an event. Tenant shall be solely responsible for all costs incurred in connection with, and all Claims arising out of, the use of the Adjacent Outside Area and the use of the Outside Areas for Tenant's corporate events. If Landlord determines that any unauthorized persons are using any of the Outside Areas by reason of, or under claim of, the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, to the fullest extent then allowed by Requirements, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use.

Use Of Outside Areas. In connection with Tenant's Subtenant, in its use of the Outside Areas, Tenant shall at all times keep the Outside Areas in a safe condition, condition free and clear of all materials, equipment, debris, trash (except within existing enclosed trash areas), inoperable vehicles, and other items that which are not specifically permitted by Landlord to be stored or located thereon by Tenant. No materials, pallets, supplies, tanks or containers whether above or below ground level, equipment, finished products or semi-finished products, raw materials, inoperable vehicles or articles of any nature shall be stored upon or permitted to remain outside of the Premises. Tenant shall have the exclusive right to screen or fence off that portion of the Outside Area located adjacent pursuant to the Building in the area depicted on Exhibit A ("Adjacent Outside Area") to the extent permitted under and subject to the REA and other Requirements. Any alterations or improvements to the Adjacent Outside Area shall be performed and contracted by Tenant in accordance with the terms terms, covenants and conditions of the Work Letter if constructed as part of the initial Tenant Improvements or in accordance with the terms and conditions of Article 6 if constructed as an AlterationHead Lease. In addition to any consent rights If, in the Work Letter or Article 6opinion of Sublandlord, Landlord shall have reasonable rights of approval and control over all visual and aesthetic elements of the alterations or improvements to the Adjacent Outside Area with the understanding that the appearance of the Adjacent Outside Area shall be consistent with the first-class nature of the Project. Tenant shall cause the commercial general liability insurance policy required pursuant to Section 9.1.1 to cover its use of the Adjacent Outside Area, and Tenant agrees that the indemnification in Section 8.2 shall apply to the Adjacent Outside Area, subject to the waiver of subrogation in Section 9.2. In addition to the use of the Adjacent Outside Area, Tenant may permit periodic, temporary use of that portion of the Outside Areas located within the boundaries of the Parcel 5 Land for Tenant's private, corporate events, each upon advance prior written notice to Landlord and in compliance with the REA and Requirements. Such notice to Landlord shall be delivered at least thirty (30) days prior to the proposed event and shall include the purpose of the event and the duration of the use of such portion of the Outside Areas, which duration shall be no longer than forty eight (48) hours including the time required for the setup and clean-up for an event. Tenant shall be solely responsible for all costs incurred in connection with, and all Claims arising out of, the use of the Adjacent Outside Area and the use of the Outside Areas for Tenant's corporate events. If Landlord determines that any unauthorized persons are using any of the Outside Areas by reason of, or under claim of, the express or implied authority or consent of TenantSubtenant, then TenantSubtenant, upon demand of LandlordSublandlord, shall restrain, to the fullest extent then allowed by RequirementsLaw, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use. Sublandlord reserves for the benefit of Head Landlord the right to grant easements and access rights to others for use of the Outside Areas and shall not be liable to Subtenant for any diminution in Subtenant’s right to use the Outside Areas as a result; provided, however, that, Sublandlord shall not exercise its rights pursuant to this Section 4.10 in a manner which materially and adversely affects Subtenant’s ability to use the Leased Premises and the Outside Areas for the Permitted Use or materially and adversely affects Subtenant’s parking rights. Upon receipt of written request from Subtenant Sublandlord shall use reasonable efforts at Subtenant’s cost and expense to cause Head Landlord to refrain from exercise of Head Landlord’s rights pursuant to the Head Lease in a manner which materially and adversely affects Subtenant’s ability to use the Leased Premises and the Outside Areas for the Permitted Use or materially and adversely affects Subtenant’s parking rights. Any protest or contest conducted against Head Landlord by Subtenant under this Section 4.10 shall be at Subtenant’s sole cost and expense and if interest or late charges become payable as a result of such contest or protest, Subtenant shall pay the same. Subtenant shall promptly reasonably approve Sublandlord’s reasonably selected consultant and Subtenant agrees Sublandlord shall have the right prior to any such protest or contest commencing to require Subtenant to post a cash security deposit with the Sublandlord to cover all the Sublandlord’s third party consultant costs, fees and expenses, as reasonably estimated by Sublandlord, prior to Sublandlord being obligated to commence such protest or contest.

Use Of Outside Areas. In connection Except as expressly permitted by this Paragraph 4.15, Tenant shall use the Outside Areas solely for the purposes for which they were designated and intended and for no other purposes whatsoever, and shall not use any of the Outside Areas for the storage of its materials, supplies, inventory or equipment. (a) Tenant shall be permitted to install in the Outside Areas behind the Building (in the locations depicted on the plan attached as Exhibit E) security cameras, concrete bollards, three (3) HVAC towers and pumps, transformers, three (3) emergency generators, and above-ground or under-ground fuel tanks up to a collective maximum capacity of 20,000 gallons to serve such generators (collectively, the Equipment"), which Equipment shall be installed in accordance with the terms of the Work Letter (including, without limitation, the requirements to obtain Landlord's prior reasonable approval of all plans and specifications therefor). Any fuel tanks shall be installed with the best containment mechanisms available (as approved by Landlord in its reasonable discretion), and otherwise in compliance all Laws. All Equipment shall be screened, sound-proofed, and shall have secondary containment mechanisms (where applicable). Any Concrete bollards shall be installed in a manner that does not interfere with other tenants' use of or access to the Building (as determined by Landlord in its reasonable discretion). (b) Tenant's , in its use of the Outside Areas, Tenant shall at all times keep the Outside Areas in a safe condition, condition free and clear of all materials, equipment, debris, trash (except within existing enclosed trash areas), inoperable vehicles, and other items that which are not specifically permitted by Landlord to be stored or located thereon by Tenant. No materialsIf, pallets, supplies, tanks or containers whether above or below ground level, equipment, finished products or semi-finished products, raw materials, inoperable vehicles or articles of any nature shall be stored upon or permitted to remain outside of the Premises. Tenant shall have the exclusive right to screen or fence off that portion of the Outside Area located adjacent to the Building in the area depicted on Exhibit A ("Adjacent Outside Area") to the extent permitted under and subject to the REA and other Requirements. Any alterations or improvements to the Adjacent Outside Area shall be performed and contracted by Tenant in accordance with the terms and conditions opinion of the Work Letter if constructed as part of the initial Tenant Improvements or in accordance with the terms and conditions of Article 6 if constructed as an Alteration. In addition to any consent rights in the Work Letter or Article 6Landlord, Landlord shall have reasonable rights of approval and control over all visual and aesthetic elements of the alterations or improvements to the Adjacent Outside Area with the understanding that the appearance of the Adjacent Outside Area shall be consistent with the first-class nature of the Project. Tenant shall cause the commercial general liability insurance policy required pursuant to Section 9.1.1 to cover its use of the Adjacent Outside Area, and Tenant agrees that the indemnification in Section 8.2 shall apply to the Adjacent Outside Area, subject to the waiver of subrogation in Section 9.2. In addition to the use of the Adjacent Outside Area, Tenant may permit periodic, temporary use of that portion of the Outside Areas located within the boundaries of the Parcel 5 Land for Tenant's private, corporate events, each upon advance prior written notice to Landlord and in compliance with the REA and Requirements. Such notice to Landlord shall be delivered at least thirty (30) days prior to the proposed event and shall include the purpose of the event and the duration of the use of such portion of the Outside Areas, which duration shall be no longer than forty eight (48) hours including the time required for the setup and clean-up for an event. Tenant shall be solely responsible for all costs incurred in connection with, and all Claims arising out of, the use of the Adjacent Outside Area and the use of the Outside Areas for Tenant's corporate events. If Landlord determines that any unauthorized persons are using any of the Outside Areas by reason of, or under claim of, ; the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, to the fullest extent then allowed by RequirementsLaw, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use.

Use Of Outside Areas. In connection with (a) Tenant's , in its use of the Outside Areas, Tenant shall at all times use commercially reasonable efforts to keep the Outside Areas in a safe condition, condition free and clear of all materials, equipment, debris, trash (except within existing enclosed trash areas), inoperable passenger vehicles, and other items that which are not specifically permitted by Landlord to be stored or located thereon by Tenant. No materialsIf, pallets, supplies, tanks or containers whether above or below ground level, equipment, finished products or semi-finished products, raw materials, inoperable vehicles or articles of any nature shall be stored upon or permitted to remain outside of the Premises. Tenant shall have the exclusive right to screen or fence off that portion of the Outside Area located adjacent to the Building in the area depicted on Exhibit A ("Adjacent Outside Area") to the extent permitted under and subject to the REA and other Requirements. Any alterations or improvements to the Adjacent Outside Area shall be performed and contracted by Tenant in accordance with the terms and conditions opinion of the Work Letter if constructed as part of the initial Tenant Improvements or in accordance with the terms and conditions of Article 6 if constructed as an Alteration. In addition to any consent rights in the Work Letter or Article 6Landlord, Landlord shall have reasonable rights of approval and control over all visual and aesthetic elements of the alterations or improvements to the Adjacent Outside Area with the understanding that the appearance of the Adjacent Outside Area shall be consistent with the first-class nature of the Project. Tenant shall cause the commercial general liability insurance policy required pursuant to Section 9.1.1 to cover its use of the Adjacent Outside Area, and Tenant agrees that the indemnification in Section 8.2 shall apply to the Adjacent Outside Area, subject to the waiver of subrogation in Section 9.2. In addition to the use of the Adjacent Outside Area, Tenant may permit periodic, temporary use of that portion of the Outside Areas located within the boundaries of the Parcel 5 Land for Tenant's private, corporate events, each upon advance prior written notice to Landlord and in compliance with the REA and Requirements. Such notice to Landlord shall be delivered at least thirty (30) days prior to the proposed event and shall include the purpose of the event and the duration of the use of such portion of the Outside Areas, which duration shall be no longer than forty eight (48) hours including the time required for the setup and clean-up for an event. Tenant shall be solely responsible for all costs incurred in connection with, and all Claims arising out of, the use of the Adjacent Outside Area and the use of the Outside Areas for Tenant's corporate events. If Landlord determines that any unauthorized persons are using any of the Outside Areas by reason of, or under claim of, the express or implied authority or consent of Tenant, then Tenant, upon demand of Landlord, shall restrain, to the fullest extent then allowed by RequirementsLaw, such unauthorized use, and shall initiate such appropriate proceedings as may be required to so restrain such use. Landlord reserves the right to grant easements and access rights to others for use of the Outside Areas and shall not be liable to Tenant for any diminution in Tenant’s right to use the Outside Areas as a result, provided such easements do not reduce the number of parking spaces allocated to Tenant in Article 1 or materially and negatively impact Tenant’s access to the Leased Premises or rights to use the Outside Area. (b) At or after such time, if any, that Tenant’s Expense Share is less than 100%, Landlord may grant easements and access rights to others for use of the parking areas on the Property, provided that the Required Conditions (as defined in Paragraph 18.2 below) are satisfied. During Tenant’s Exclusivity Period (i) Landlord shall not grant any easements or other rights giving any party rights to access, use or possess the Outside Areas (except as may be required by municipalities or for utilities), and (ii) Tenant shall have the right, but not the obligation, to alter or improve the Outside Areas in accordance with Paragraph 6.1. Landlord acknowledges and agrees that Tenant may utilize the portions of the Outside Areas so noted on the Site Plan for the Permitted Use, including laboratory 110015197v.8 research and development to the extent in compliance with all Laws and Restrictions. In connection with such use of the Outside Areas, Tenant may utilize trailers and other mobile units in compliance with all applicable Laws and Restrictions and all of the terms and conditions of this Lease, provided that no such use of the Outside Areas shall be deemed to increase the amount of Monthly Base Rent under this Lease. Landlord hereby expressly agrees that any such business operations in the Outside Areas conducted in compliance with the requirements set forth above and/or elsewhere in this Lease shall not be a default of this Lease. (c) Subject to complying with Paragraphs 2.6 and 6.1, Tenant shall have the right at its sole cost and expense to install an electrical generator (the “Generator”) and certain other mechanical equipment on the roof of the Building, in the portion of the Outside Areas so noted on the Site Plan, or in another location mutually agreed to by the parties (the “Generator Area”), subject to Landlord’s approval in its sole but good faith discretion, of the Generator’s design (including aesthetic screening) and construction, and of any connections between the Leased Premises and the Generator and any penetrations to the Building walls, roof, or structure required in connection therewith. If the Generator or other mechanical equipment is located on any parking areas of the Property, then such lost parking spaces shall be counted towards satisfying Tenant’s parking allocation under Article 1 hereof.