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Amenities
Amenities contract clause examples

Amenities. Landlord desires to offer certain amenities (“Amenities”), which are available only to the tenants of the Phase II Buildings, subject to the terms of Article II, and as of the Date of Lease include: # a café, pub, and the barbeque area (as shown as “BBQ” on Exhibit G-11]) which are located on the ground floor and patio area of the Amenity Building; # a fitness/health club facility, which is located on the second floor of the Amenity Building; # a putting green and recreation area, which is located on the roof of the Amenity Building; # the Stage, Entertainment Center, Orchard and Gaming Tables located in the Phase II Common Area; and # a bike room. Landlord also desires to offer a shuttle service to and from the Project and the Bart, Caltrain and light rail mass transit service locations (“Shuttle Service”), which Shuttle Service may be made available, at Landlord’s option, to other tenants of the Project in addition to the tenants of the Phase II Buildings. Tenant shall have the general and nonexclusive right, together with Landlord, the owner of Building 3 and the other tenants and occupants of Building and Building 3, to use such Amenities and the Shuttle Service subject to # the terms and conditions of this Lease, and # the Rules and Regulations and any non-discriminatory rules and regulations that Landlord, the owner of Building 3 and Landlord’s independent operators operating the applicable Amenity or the Shuttle Service may impose governing the hours, access to and use of the Shuttle Services and Amenities; provided, however, if the Shuttle Service is made available to other tenants of the Project, then Tenant shall have the general and nonexclusive right, together with Landlord, the other owners and the other tenants of the Project, to use the Shuttle Service. Landlord reserves the right to delegate the operation of the Shuttle Service and Amenities to one or more independent operators (each an “Operator”). Landlord agrees that Tenant will be entitled to reserve the Amenity Building roof, the Amenity Building café, the Amenity Building pub, the Entertainment Center and the Stage (collectively, the “Reservation Amenities” and, each a “Reservation Amenity”) for Tenant’s exclusive use from time to time upon request to Landlord, which request shall set forth the dates, times and reason for such reservation. Landlord shall maintain an electronic calendar that permits Tenant, the tenants of the Building and the tenants of Building 3 to determine the dates available for such reservations and to make such reservations by selecting the available dates and times and entering the Reservation Amenity subject to the reservation and a description of the purpose of the reservation. The Reservation Amenities will be available for reservation on a first-come, first-served basis (except as provided in this Section 16.6), with the following limitations, # the reservation of the Amenity Building café or the Amenity Building pub (or both) shall be limited to 3:00 pm – 10:00 pm Monday through Friday, excluding Building holidays; and # the reservation of the Amenity Building roof, the Entertainment Center and the Stage shall be limited to 6:00 am – 10:00 pm Monday through Friday, excluding Building holidays and 7:00 am – 10:00 pm on weekends and Building holidays. Notwithstanding the foregoing, if Tenant requests a reservation of the Stage, the Entertainment Center, or a Reservation Amenity in the Amenity Building more than 12 times per year, collectively, then such reservation will be subject to the written consent to such reservation by the tenants of the Building and Building 3, which Landlord shall request from such tenants and exercise commercially reasonable efforts to obtain. By reserving a Reservation Amenity, Tenant acknowledges and agrees that # Landlord may require that Tenant execute Landlord’s commercially reasonable form of license agreement if Landlord reasonably determines appropriate due to Tenant’s purpose for reserving the Reservation Amenity, # Tenant shall be responsible, at Tenant’s sole cost and expense, in connection with its use of the Reservation Amenity and for Tenant’s set-up, takedown, security and cleanup, including, without limitation, the removal of all debris, litter, trash, and other materials left by Tenant or Tenant’s Agents in or about such Reservation Amenity, # Tenant shall return such Reservation Amenity to its condition immediately prior to Tenant’s use of such Reservation Amenity, # Tenant shall pay to Landlord within 30 days after Landlord’s delivery of a Landlord’s invoice or statement for any actual costs and expenses incurred by Landlord and Landlord’s Agents in connection with Tenant’s failure to comply with the foregoing obligations, including, without limitation, for costs for extra janitorial, trash removal, repairs or maintenance and # if Tenant desires services for food, beverage, valet, recreation, planning, programming, activities or any other purpose in connection with its reservation of any Reservation Amenity, then Tenant shall be responsible for contracting, at Tenant’s sole cost and expense, for such services directly with an Operator or a separate reputable vendor approved by Landlord, which approval shall not be unreasonably, withheld, conditioned or delayed, so long as such vendor maintains all licenses required under applicable laws, statutes, ordinances and governmental rules, regulations or requirements for providing such services, and provides proof of worker’s compensation insurance, commercial general liability insurance and any other insurance reasonably requested by Landlord in such amounts and meeting such requirements as reasonably requested by Landlord. If Tenant reasonably requests additional documentation or information regarding the charges set forth in Landlord’s invoice or statement delivered pursuant to this Section 16.6, then Landlord shall promptly provide such documentation or information (which may be provided verbally or by email) as Landlord reasonably determines appropriate to substantiate such charges. Notwithstanding the foregoing, Tenant’s use of a Reservation Amenity or the Common Area (with Landlord’s prior consent) in connection with Tenant’s monthly employee meetings shall include the ability for Tenant to play music at reasonable levels, subject to the Rules and Regulations.

Amenities. Except as set forth below, Tenant's use of any other amenity areas within the Project shall only be accessible to Tenant, if Landlord (or Landlord's affiliate) makes the amenity areas available to Tenant (provided, however, that the only amenity areas which Landlord may not offer to Tenant are those provided solely to tenants of other Phases of the Project but not offered to tenants of Phase 1), and Tenant, in Tenant's sole discretion elects, in writing, to utilize such amenity areas. If Tenant makes such election, then the costs of operating, repairing, and maintaining such future amenities shall be included in Direct Expenses, subject to Section 4.3, below.

From time-to-time, and subject to this Section 8.6, Landlord may offer amenities in the Building, including by way of illustration only: fitness center, theatre conference or meeting facilities, showers, dry cleaning service, food service, including access to a food court, and bicycle parking (“Building Amenities”); provided, however, for so long as a Landlord Entity is an owner or master tenant of the Project (or the west side of the Project), occupying in excess of two hundred thousand (200,000) rentable square feet, and provides any one or more Building Amenities to its employees, and provided that Tenant or any transferee under a transaction permitted under Section 17.10(b) occupies not less than one full floor of the west side of the Building, Landlord will offer such amenities to Tenant and its employees. To the extent such Building Amenities are offered, Tenant has the non-exclusive right to use the Building Amenities, subject to the following terms and conditions:

The Alexandria Amenities. Section 8 of the Fifth Amendment is hereby deleted in its entirety and replaced with the following:

Subject to the provisions of this Section 40, Tenant acknowledges and agrees that certain amenities serving the Project (the “Submarket Amenities”), which Submarket Amenities shall be consistent in quality to other amenities owned or operated by Landlord or affiliates of Landlord in San Diego County including the amenities located at The Alexandria (i.e., 10996 Torreyana Road, San Diego, California), subject to the issuance of the requisite permits and approvals from the City, and shall include shared conference facilities and food amenities similar in quality to those depicted on Exhibit J attached hereto, an indoor fitness center and outdoor fitness area (such as a soccer field), may be located at other projects in the Scripps Ranch Market (any such project, a “Submarket Project”) owned now or in the future by one or more affiliates of Landlord (each, a “Submarket Affiliate”) for non-exclusive use by Tenant # occupants of the Submarket Projects, and # any other parties permitted by the Submarket Affiliates (collectively, “Users”). All Submarket Amenities shall be Class A in quality. Landlord, any Submarket Affiliates, ARE and all affiliates of Landlord, Submarket Affiliates and ARE may be referred to collectively herein as the “ARE Submarket Parties.” Each applicable Submarket Affiliate shall have the sole right to determine all matters related to the Submarket Amenities located at the Submarket Project owned by such Submarket Affiliate including, without limitation, relating to the type, design and construction thereof. Tenant acknowledges and agrees that Landlord has not made any representations or warranties regarding the development or availability of any Submarket Amenities and that Tenant is not entering into this Lease relying on the construction or availability of any Submarket Amenities or with an expectation that any Submarket Amenities will ever be constructed and/or made available to Tenant. As used herein, “Scripps Ranch Market” shall mean the area reflected on Exhibit K attached hereto.

Project Amenities. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to provide on the first floor of the Building a loading dock, grab and go food service, outdoor seating and meeting space, connection to the rails-to-trails walking/biking path and a fitness center for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to maintain such amenities throughout the Lease Term; provided, however, Tenant nevertheless acknowledges herby that if despite such commercially reasonable efforts, Landlord is unable for any reason to maintain continuous operation of such amenities during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure. In such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., the routine scheduling of food trucks to the Project).

The utilities provided to the Demised Premises (including but not limited to water and electricity power supply) shall be as follows:

Amenities. In the event Landlord constructs an amenities area at the Project, Tenant and the Tenant Parties will have the non-exclusive right to use such amenities in common with other tenants of the Project throughout the Lease Term. Landlord will establish reasonable rules and regulations governing use of the amenities which will be uniformly applicable to all users. Other than the increased rentable area of the Premises as set forth in Section 1.2 above, Tenant will not be charged any costs or expenses associated with the construction of the amenities.

Submarket Amenities Fee. Commencing on the later of # the Rent Commencement Date, or # the date that not less than 10,000 square feet of Submarket Amenities (which shall include share conference facilities, food amenities and an indoor fitness center) are made available within the Scripps Ranch Market for use by Tenant (such later date being referred to herein as the “Amenities Fee Commencement Date”), Tenant shall commence paying Landlord a fixed fee during the Base Term equal to $3.00 per rentable square foot of the Premises per year (“Submarket Amenities Fee”), which Submarket Amenities Fee shall by payable on the first day of each month during the Term whether or not Tenant elects to use any or all of the Submarket Amenities. For the avoidance of doubt, no portion of the Submarket Amenities shall be available for use by Tenant prior to the Amenities Fee Commencement Date. The Submarket Amenities Fee shall be increased annually on each anniversary of the Amenities Fee Commencement Date by 3% during the Term, including during the Extension Term. Following the Amenities Fee Commencement Date, subject to # Force Majeure, # casualty and condemnation, # up to 180 days for alterations, improvements, expansions and/or renovations and/or substitution of certain Submarket Amenities, if all or a portion of the then-existing Submarket Amenities become materially unavailable (“Unavailable Amenities”) for use by Tenant (for any reason other than a Default by Tenant

Project Amenities. Landlord, at its sole cost, in accordance with all Applicable Laws and in a good and workmanlike manner, shall construct meeting rooms, a food service area and a fitness center for non- exclusive use of all the tenants of the Project (the “Project Amenities”) in the building known as Building 700 in Chestnut Run Plaza. Landlord shall use commercially reasonable efforts to substantially complete the construction of the Project Amenities (i.e., the Project Amenities are complete, subject only to incomplete items which do not adversely affect in a material way or materially interfere with Tenant’s use of the Project Amenities in accordance with the terms and conditions of this paragraph) on or before November 15, 2022, subject to extension for Excusable Delays (as defined below). Notwithstanding the foregoing, if the construction of the Project Amenities is not substantially completed on or before February 15, 2023, as such date shall be extended for Excusable Delays (such date, as extended, the “Project Amenities Penalty Date”), then Tenant shall receive a credit, which credit shall be applied against Base Rent next due and owing under the Lease, of $466.66 per day for each day after the Project Amenities Penalty Date until the date that the Project Amenities have been substantially completed. Upon the completion of the construction of the Project Amenities, during the Term or any extended Term, and subject

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