Fitness Center. During the Term, Tenant, its employees and visitors shall have the right to use the Fitness Center, as hereinafter defined, in common with others entitled thereto. The “Fitness Center”, as the same may be relocated as hereinafter set forth, shall be a work-out facility for the use of tenants and occupants of the Campus. As of the Execution Date, the Fitness Center is located in Building 65. Tenant acknowledges that the Fitness Center may be relocated, from time to time, to other buildings located on the Campus. Card readers shall, at no cost to Tenant, be installed and maintained at appropriate access points to the Fitness Center and identification cards shall be issued to authorized users. Users of the fitness center shall be required to execute such liability waivers as Landlord shall reasonably require. Any amounts paid by Landlord on account of the operation of the Fitness Center in excess of any net revenues derived from the operation of the Fitness Center shall be included in Operating Costs, as shall all of Landlord’s costs of cleaning, maintaining, and repairing the Fitness Center.
Fitness Center. Landlord and Tenant acknowledge that Tenant, at Tenant's sole cost and expense, may desire to designate a portion of the Premises for the operation of a fitness/wellness center (the "Fitness Center"), subject to receipt of all applicable governmental approvals and compliance with all Applicable Laws, which shall no event include the installation or operation of a swimming pool, sauna or whirlpool facilities. Prior to Tenant’s installation of Fitness Center in the Premises, in addition to the terms and conditions of Article 8 of the Lease or the terms and conditions of the Tenant Work Letter (if constructed by Tenant as part of the Improvements), Tenant shall submit Tenant's plans and specifications for the Fitness Center to Landlord and Landlord may, at Landlord's option, submit such plans and specifications to a structural engineer selected by Landlord and Tenant shall be solely responsible for the structural engineer's costs of reviewing Tenant's plans and specifications and Tenant shall install any floor supports recommended by such structural engineer. In addition, Landlord, in its sole discretion, may require the installation of emergency drainage and water sensors in connection with the installation of any shower facilities in the Fitness Center, at Tenant’s sole cost and expense. The Fitness Center shall be for the exclusive use of Tenant, Tenant's employees and invitees (collectively, the "Fitness Center Users") and Tenant shall not make the Fitness Center available to other tenants or occupants of the Project (or their employees) or to members of the general public. The Fitness Center shall not exceed 5,000 rentable square feet of space. The Fitness Center shall be maintained and operated by Tenant, at Tenant's expense: # in first-class order, condition and repair; # consistent with First Class Life Sciences Projects; and # in compliance with all Applicable Laws, such reasonable rules and regulations as may be adopted by Landlord from time to time, and the other provisions of this Lease. Tenant shall also have the sole responsibility, at its expense, for providing all janitorial service for and cleaning of the Fitness Center. In addition, Tenant shall pay for all actual and reasonable out-of-pocket increased costs incurred by Landlord with respect to the management, operation, maintenance and repair of the Building resulting from Tenant's operation of the Fitness Center, within thirty (30) days of receiving an invoice therefor. Tenant shall notify all Fitness Center Users that Landlord is not responsible for, nor affiliated with, the operation of the Fitness Center. Landlord shall have no responsibility with respect to the quality, care or services provided by the Fitness Center, or for any acts or omissions of Tenant or any Fitness Center Users in connection with the operation of the Fitness Center. Furthermore, Tenant, for Tenant and for all Fitness Center Users, hereby agrees that the Landlord Parties shall not be liable for, and are hereby released from any responsibility for any loss, cost, damage, expense or liability, either to person or property, arising from the use of the Fitness Center by any Fitness Center Users. Notwithstanding anything set forth in this
Fitness Center. During the Term and any extension thereof, Tenant, its employees and visitors shall have the right to use the Fitness Center, as hereinafter defined, in common with others entitled thereto at no additional cost (unless otherwise expressly provided in this Lease, such as through Operating Costs). The “Fitness Center” shall be a work-out facility for the use of tenants and occupants of the Campus. As of the Execution Date, the Fitness Center is located in the Building. Tenant acknowledges that the Fitness Center may be relocated, from time to time, to other buildings located on the Campus. Card readers shall, at no cost to Tenant, be installed and maintained at appropriate access points to the Fitness Center and identification cards shall be issued to authorized users. Users of the fitness center shall be required to execute such liability waivers as Landlord shall reasonably require. Any amounts paid by Landlord on account of the operation of the Fitness Center in excess of any net revenues derived from the operation of the Fitness Center shall be included in Operating Costs, as shall all of Landlord’s costs of cleaning, maintaining, and repairing the Fitness Center. If for any reason Landlord decides to cease operating a Fitness Center, then, within thirty (30) days after delivery of written notice from Landlord to Tenant of Landlord’s decision, then Tenant shall no longer have the right to use the Fitness Center.
Fitness Center. Subject to casualty, condemnation and Legal Requirements and periodic closures as a result of Force Majeure Causes or for repairs, maintenance, and renovations and improvements (all of the foregoing, collectively, the “Permitted Amenity Closures”), during the Term, Tenant shall have access, free of charge, to a tenant-only fitness center (the “Fitness Center”) in the Building solely for use by Tenant and Tenant’s (and any subtenant’s)
Fitness Center. Subject to the provisions of this [Section 25.13], so long Tenant’s employees execute Landlord’s standard waiver of liability form and pay the applicable one time or monthly fee, if any, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the fitness center (the “Fitness Center”) in the building located at 201 Redwood Shores, Redwood City, California. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord for the Fitness Center. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own risk and that the terms and provisions of [Section 10.1] of this Lease shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. The costs of operating, maintaining and repairing the Fitness Center may be included as part of Expenses. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) throughout the Term of this Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. In addition, in the event Landlord no longer owns the building located at 201 Redwood Shores, Redwood City, California, the rights of Tenant and the users of the Fitness Center to use the Fitness Center may, at Landlord’s option, be terminated. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Rent, or constitute a constructive eviction, or result in an event of default by Landlord under this Lease.
Fitness Center. As part of constructing the Base, Shell and Core, as further described in the Work Letter, Landlord, at Landlord's sole expense, shall construct a fitness center located on the first floor of the Building, as shown on Exhibit A-2 attached hereto (the "Fitness Center"), which Fitness Center shall be part of the Premises. Landlord shall operate the Fitness Center by providing basic towel service, janitorial service and other services consistent with Fitness Centers operated by landlords of Comparable Buildings (and in no event is Landlord required to offer fitness classes or training services). Landlord's costs of operating the Fitness Center shall be included in Operating Expenses, except as is otherwise provided for in this Lease, and Landlord shall not charge individual users of the Fitness Center a separate charge or fee for use of the Fitness Center. Notwithstanding the foregoing, upon no less than sixty (60) days prior written notice from Tenant to Landlord, Tenant shall have the right to take over operation of the Fitness Center. If Tenant elects to take over operation of the Fitness Center, the parties shall reasonably cooperate with each other to facilitate such transition, including execution of commercially reasonable documentation, such as a bill of sale for any fitness equipment. Use of the Fitness Center by Tenant shall be at the sole risk of Tenant and Landlord assumes no liability or risk associated with Tenant's use of the Fitness Center. Tenant acknowledges that use of the Fitness Center may be unsupervised and unattended. If Landlord is operating the Fitness Center, Tenant acknowledges that each officer or employee of Tenant who desires to use the Fitness Center will be required to sign and deliver to Landlord, a commercially reasonable release of liability agreement in such form as is customary in the industry and as may be revised by Landlord from time to time. Landlord shall have the right, at Landlord's reasonable discretion, and in consultation with Tenant, to modify from time-to-time (but not permanently eliminate) the provision of services available at the Fitness Center.
Building Lounge and Fitness Center. There currently exists a general tenant lounge area located on the first floor of the Building (“General Lounge Area”) and showers and fitness center located on the first floor of the Building (the “Fitness Center”). Tenant shall have the non-exclusive right, at no additional separate charge, except for the charge for the key fob for access and for the replacement of any key fob, for use, to use the Fitness Center on a first-come, first-served basis. Tenant shall pay for the charge for the number of key-fobs issued to Tenant within twenty (20) days after issuance of the key-fobs. The General Lounge Area may only be used by employees of Tenant while Tenant is in occupancy and conducting business in the Leased Premises. Tenant’s use of any General Lounge Area and Fitness Center shall be subject to such rules and regulations as may be promulgated by Landlord from time to time. The use of the General Lounge Area and Fitness Center shall be at Tenant’s sole risk. Landlord has no obligation to provide any security whatsoever in connection with the General Lounge Area or Fitness Center. Tenant shall cause its employees to use the General Lounge Area # in a clean, safe and sanitary manner, # in such a way as to minimize interference with any other person’s use of any the General Lounge Area or Fitness Center, and # comply with such rules and regulations now or hereafter in existence or established by Landlord from time to time. All costs incurred by Landlord in connection with the General Lounge Area and Fitness Center shall be included in Operating Costs. Landlord reserves the right in its sole and absolute discretion to add to, reduce, modify, or temporarily close or remove the General Lounge Area and/or the Fitness Center at any time; provided that the General Lounge Area and Fitness Center remain available for use for the entire Term (subject to temporary closers for maintenance and repair).
Fitness Center Users26
Landlord shall open, operate, and make available to Tenant, from time to time, a fitness center facility (the “Fitness Center”) in the Building and/or Office Park. If provided, the Fitness Center may be available for use by Tenant and its employees, together with others, during its hours of operation and in accordance with any rules and regulations that may be established concerning such use. Charges for use of and services provided at the Fitness Center shall be as determined by Landlord (or the operator of the Fitness Center, as the case may be) from time to time in its sole discretion. It is understood and agreed that all use of the Fitness Center and its facilities shall be at the sole risk of Tenant and the employees using same, and, to the maximum extent this agreement may be made effective according to law (including the limitations set forth in M.G.L. c. 186, §15), but subject to Tenant’s insurance requirements hereunder and [Section 13.22], Tenant hereby releases Landlord, and the owner or operator of the Fitness Center, from any liability in connection with such use and indemnifies and holds the Landlord, and the owner or operator of the Fitness Center, harmless from and against any loss, cost, liability, damage or expense occasioned by or in any way related to or arising from the use of the in connection with such use. Landlord reserves the right at any time or from time to time, in its sole discretion, to discontinue the Fitness Center, limit the access to or use thereof, or alter its size, type, location or serving capacity, or hours of operation or any other aspect thereof. To the extent the Fitness Center is open and available to the Tenant as provided herein, Tenant
Rules and Regulations. Tenant shall be solely responsible for paying for any and all purchases made at the 5-9 Lab Food Amenity and for any ancillary services provided in connection with Tenant’s use of the 5-9 Lab Fitness Center (i.e., personal training, fitness classes, etc.). Tenant shall use the 5-9 Lab Food Amenity or the 5-9 Lab Fitness Center in compliance with all applicable Legal Requirements and any rules and regulations imposed by the 5-9 Lab Landlord, or Landlord from time to time and in a manner that will not interfere with the rights of other users. The use of the 5-9 Lab Fitness Center by employees of Tenant shall be in accordance with the terms and conditions of the standard licenses, indemnification and waiver agreement required by the 5-9 Lab Landlord or any operator of the 5-9 Lab Fitness Center to be executed by all persons wishing to use such 5-9 Lab Fitness Center. 5 Lab Landlord shall have no any liability or obligation for the breach of any rules or regulations by other users with respect to the 5-9 Lab Food Amenity or the 5-9 Lab Fitness Center. Tenant shall not make any alterations, additions, or improvements of any kind to any of the 5-9 Lab Food Amenity, the 5-9 Lab Fitness Center or the 5-9 Lab Project.
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