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. 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 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 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. 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.
Appears in 2 contracts
Samples: Reciprocal Easement Agreement (Silver Spring Networks Inc), Reciprocal Easement Agreement (Silver Spring Networks Inc)
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 between adjacent to 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 esthetic 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.
Appears in 2 contracts
Samples: Reciprocal Easement Agreement (Forescout Technologies, Inc), Reciprocal Easement Agreement (Forescout Technologies, Inc)
Use Of Outside Areas. In connection Tenant will have the right to use the Outside Areas for the purposes intended, subject to such reasonable rules and regulations as Landlord may establish or modify from time to time. Tenant agrees to abide by all such rules and regulations and to use its best efforts to cause others who use the Outside Areas with Tenant’s 's express or implied permission to abide by the Rules and Regulations. At any time, Landlord may close any Outside Areas to perform any acts as, in Landlord's reasonable judgment, are desirable to maintain or improve the Premises. Tenant will not interfere with the rights of Landlord, other tenants, or any other person entitled to use of the Outside Areas. CONDITION AND MAINTENANCE OF PREMISES SECTION 1: EXISTING CONDITIONS. Tenant hereby accepts the Premises in their present condition, "AS IS", "WHERE IS", and "WITH ALL FAULTS", subject to all Legal Requirements. Tenant shall at all times keep acknowledges that neither Landlord nor any agent of Landlord has made any representation as to the condition of the Premises or the suitability of the Premises for Tenant's intended use. Tenant represents and warrants that Tenant has made its own inspection of and inquiry regarding the condition of the Premises and is not relying on any representations of Landlord or any broker with respect thereto. The Building and 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 maintained in at least the condition which exists upon or permitted to remain outside the execution of the Premisesthis Lease. 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 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 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. 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.SECTION 2:
Appears in 1 contract
Samples: Lease Agreement