201706687 - Laserfiche WebLink

Browse

26 2 01706687 Section 8.2 Right to Close Common Areas. Declarant may at any time and from time to time close all or any portion of the Common Areas to make repairs or changes or to such extent as may, in Declarant's opinion, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein, and close temporarily any or all portions of the Common Areas and perform such other acts in and to Common Areas as, in the exercise of good business judgment, Declarant shall determine to be advisable with a view to the improvement of the convenience and use thereof by occupants and tenants, their employees and invitees, provided that (i) any such closure is no longer than is reasonably necessary for such purpose, and (ii) Declarant shall use reasonable efforts to provide Tenant with thirty (30) days prior written notice of any such closure, which notice shall specify the purpose of the closure and the intended location and duration of the closure. Declarant may at any time and from time to time exclude and restrain any person from use or occupancy of any of the Common Areas excepting, however, tenants of Declarant, and bona fide invitees who make use of these areas for their intended purposes and in accordance with the rules and regulations established by Declarant. Section 8.3 Declarant's Use. Declarant shall at all times have the right to utilize the Common Areas for promotions, exhibits, carnival - type shows, rides, indoor or outdoor shows, displays, automobile and other shows or events; the leasing or licensing of kiosks, push carts and food facilities; landscaping; seating areas; seasonal displays and decorative items; and any other use which, in Declarant's judgment, tends to attract customers to or benefit the customers of the Mall. All costs and expenses incurred under this Section by Declarant shall be included in the definition of "Operating Costs" (as defined in Section 8.7). Section 8.4 Changes by Declarant. Subject to the rights, if any, of Mortgagee to consent thereto, Declarant (or others entitled to) shall at all times and from time to time have the right and privilege of determining the nature and extent of the Common Areas and of making such changes, rearrangements, additions or reductions in and to the Common Areas which, in its opinion, are deemed to be desirable or which are made as a result of any Governmental Requirements. Such rights shall include, but not be limited to, the following: