Exclusive Use Areas. To the extent, and only to the extent, the Operator assumes the obligations of any Owner(s) to maintain, repair, insure, replace, restore, operate, control and manage the Exclusive Use Area(s) of such Owner(s), including, without limitation, any Private Water Lines, the Operator shall maintain, repair, insure, replace, restore, operate, control and manage such Exclusive Use Area(s) and all Exclusive Use Improvements, as further described in Article 8 below, except to the extent such maintenance has been assumed by a governmental agency or public or private utility, and except as otherwise set forth herein. At the request of any Owners sharing rights to any Exclusive Use Areas, the Operator may, but shall not be obligated to, administer the operation of such Exclusive Use Areas as between the Owners entitled to use such Exclusive Use Areas and as between such Owners and all other Owners, Occupants and Permittees of the Project.
Exclusive Use Areas. Easements over, under and across portions of the Property for the location, operation, maintenance, repair and replacement of Exclusive Use Areas and Exclusive Use Area Improvements in accordance with the terms of this Declaration; provided, however, the exercise of such easement rights shall not unreasonably interfere with the use and enjoyment by the Owners of their Lots with Buildings and parking in substantially the areas shown on the Conceptual Site Plans attached hereto as Exhibits “B-1” and “B-2”.
Exclusive Use of Parking Areas. During the Term, Tenant shall have the exclusive right to use 400 parking areas within the area designated on Exhibit A-1 hereto (the “Exclusive Parking Areas”). Landlord agrees that it has not and will not grant exclusive parking rights to any person or entity within the Exclusive Parking Areas. If Tenant notifies Landlord of any misuse or overuse of the parking areas within the Exclusive Parking Areas, Landlord shall use commercially reasonable efforts to alleviate the complained of parking issue. Landlord agrees that it will not change, in any material manner, the following without Tenant’s prior written consent: # the location or configuration of the access points, loading areas and the driveways providing access to the Leased Premises and Exclusive Parking Areas; and # the layout, striping, and location of all parking, access ways and related improvements within the Exclusive Parking Areas.
Exclusive Use Areas and Exclusive Use Area Improvements to the extent approved by the Operator, including, without limitation, loading areas and trash enclosure areas.
“Exclusive Use Areas.” The first sentence of the definition of Exclusive Use Areas is hereby deleted in its entirety and the following language inserted in lieu thereof:
Use Of Common Areas. Tenant, in its use of the Common Areas, shall at all times keep the Common Areas free and clear of all of Tenant’s and the Tenant Parties’ materials, equipment, debris, trash (except within existing enclosed trash areas), inoperable vehicles, and other items which are not specifically permitted by Landlord to be stored or located thereon by Tenant. If, in the opinion of Landlord, unauthorized persons are using any of the Common 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 Law, 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 Common Areas other than the subterranean parking areas below Building 3, and shall not be liable to Tenant for any diminution in Tenant’s right to use the Common Areas as a result, provided that Tenant’s access to the Leased Premises is not materially adversely affected and the number of parking spaces available for Tenant’s exclusive or non-exclusive use at the Property is not reduced thereby.
USE OF COMMON AREAS. The occupancy by Tenant of the Premises shall include the use of the Common Areas in common with Landlord and with all others for whose convenience and use the Common Areas may be provided by Landlord, subject, however, to compliance with Rules and Regulations described in Article 17 below. Landlord shall at all times during the Term have exclusive control of the Common Areas, and may restrain or permit any use or occupancy, except as otherwise provided in this Lease or in Landlord’s rules and regulations. Tenant shall keep the Common Areas clear of any obstruction or unauthorized use related to Tenant’s operations. Landlord may temporarily close any portion of the Common Areas for repairs, remodeling and/or alterations, to prevent a public dedication or the accrual of prescriptive rights, or for any other reasonable purpose. Landlord’s temporary closure of any portion of the Common Areas for such purposes shall not deprive Tenant of reasonable access to the Premises.
Loading Doors and Dock Areas. Lessee acknowledges and agrees that the loading doors and dock area that are accessed via the interior common area of the Building shall be available for the exclusive use of the tenant of Suite 200 and shall not be used by Lessee. Lessee shall have the exclusive use of the loading doors located within the Premises and the adjacent dock areas.
PARKING AND COMMON AREAS. The parking areas attached to the Premises shall be available on a first-come, first served basis for the non-exclusive use of Tenant during the Term of this Sublease.
The portions of the Project which are for the non-exclusive use of tenants of the Project are collectively referred to herein as the “Common Areas.” Landlord reserves the right to modify Common Areas, provided that such modifications do not materially adversely affect Tenant’s use of the Premises for the Permitted Use.
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