Common use of Common Area Maintenance Clause in Contracts

Common Area Maintenance. Except for work required of any Party hereunder, Operator shall maintain or cause to be maintained the Common Areas and Common Area Improvements in a good, clean and first-class condition, consistent with past practice, such maintenance to include, without limitation, the following: (i) Maintenance, repair and replacement of all paved surfaces, in a level, smooth, and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be at least equal to such original material in quality, use, appearance, and durability; (ii) Maintenance, repair and replacement of all curbs, curb-cuts, gutters, walkways and retaining walls; (iii) Painting and striping of all Parking Areas; (iv) Placement, maintenance, repair and replacement of all necessary appropriate directional signs, markers and lines, and maintenance, repair and replacement of any artificial lighting facilities, including the replacement of fixtures and bulbs; (v) Provision of water for the landscaping in the Common Areas; (vi) Maintenance of all landscaped areas and replacement of shrubbery and planting, and flowers including weeding, pruning and fertilizing, and repairing automatic sprinkler systems; (vii) Removal of all paper, debris, filth, refuse, including thorough sweeping in the Common Areas necessary to keep the Common Areas in a clean and orderly condition; (viii) Compliance with all applicable requirements of governmental agencies pertaining to the Common Area and Common Area Improvements, including, without limitation, any alterations or additions required to be maintained in or about the Common Area under any laws, statutes, regulations or requirements now or hereafter adopted and made applicable to the Common Areas; (ix) To the extent deemed reasonably necessary by the Operator, provision of individuals to supervise traffic at entrances and exits to the Penang Site as conditions reasonably require in order to maintain orderly and proper traffic flow in the Penang Site; (x) To the extent deemed reasonably necessary by the Operator, provision of on-site security personnel during the hours that the Penang Site is open for business to the public or periodic patrol by security personnel during the hours that the Penang Site is closed; (xi) Collection of each Party’s Proportionate Share of CAM Costs, to the extent the Operator believes, in its good faith judgment, that the collection efforts are worthwhile; and (xii) Retention of records of the grading and drainage plan and other plans and specifications for the installation of the Common Area Improvements, and approval or disapproval of the quality of Common Area Improvements to be constructed.

Common Area Maintenance. Except for work required of any Party hereunder(a) From and after the Commencement Date, Operator Landlord, at its cost and expense, shall maintain or cause to be maintained the Common Areas and Common Area Improvements in a good, the Center clean and first-class conditionin good repair so that Tenant and its customers, consistent with past practiceguests, such maintenance to invitees, officers and employees can use and enjoy the same. The obligation of Landlord pursuant hereto shall include, without limitationbut not be limited to, the following: management and maintenance of the Center and the pylon structure of Tenant's identification sign (i) Maintenanceif the same is affixed to a pylon sign used in common with Landlord or other tenants in the Center, repair and replacement but not Tenant's advertising panels), regular cleaning of all paved surfaces, in a level, smooth, and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be at least equal to such original material in quality, use, appearance, and durability; (ii) Maintenance, repair and replacement of all curbs, curb-cuts, gutters, walkways and retaining walls; (iii) Painting and striping of all Parking Areas; (iv) Placement, maintenance, repair and replacement of all necessary appropriate directional signs, markers and lines, and maintenance, repair and replacement of any artificial lighting facilities, including the replacement of fixtures and bulbs; (v) Provision of water for the landscaping in the Common Areas; (vi) Maintenance , removal of all landscaped areas trash and replacement debris from the Common Areas, repairing the asphalt and concrete portions of shrubbery and planting, and flowers including weeding, pruning and fertilizing, and repairing automatic sprinkler systems; (vii) Removal of all paper, debris, filth, refuse, including thorough sweeping in the Common Areas (including potholes, curbs and sidewalks), repairing common utility lines and facilities, repairing storm drains, repairing parking lot lights, maintaining the landscaped portion of the Common Areas (including regular grass cutting), maintaining floodlights and other necessary means of illumination sufficient to keep illuminate the Common Areas during twilight and evening hours that Tenant's store is open for business and in operation, prompt removal of snow and ice on every occasion where safety of the Common Areas is impeded, employing traffic control personnel (such as off-duty police personnel), and periodically restriping the parking area. Landlord covenants that such maintenance and repair shall be planned and preventative maintenance undertaken in order to maintain the Common Areas in good usable condition so as to avoid breakdown of maintenance and avoidable costly repairs. Landlord shall not in any manner change the size, location, nature, design or use of the Common Areas as shown on the Site Plan without the prior written consent of Tenant, which shall not be unreasonably withheld unless the proposed change would involve additional buildings of any kind or reduce the number of parking spaces, or otherwise materially and adversely affect the access to or visibility of the Premises, in any of which cases Tenant's approval may be withheld in its sole discretion. (b) The Tenant shall reimburse the Landlord for its proportionate share of the Landlord's "Common Area Maintenance Costs" (as hereinafter defined) plus a clean fifteen (15%) administrative charge of the Common Area Maintenance Costs. (c) As used herein, the term "Common Area Maintenance Costs" means all reasonable costs actually paid by the Landlord for maintaining and orderly condition; repairing the Common Areas. The following items shall be specifically excluded from Common Area Maintenance Costs: (i) depreciation on maintenance equipment; (ii) all Real Estate Taxes; (iii) financing costs, including, but not limited to, any and all of Landlord's payments for (1) loan principal or interest, together with expenses, thereto related in connection with such financing or any refinancing during the term of this Lease, (2) ground lease rent, or (3) similar payments; (iv) salaries of Landlord's employees or agents contracted through outside services or employed by Landlord who are not exclusively engaged in the day-to-day maintenance of the Center; (v) profit or mark-▇▇; (vi) maintenance, repairs, services or improvements on the buildings or other tenant premises, except that periodic painting of the exterior of the buildings shall be an allowable expense; (vii) costs of outside management services; (viii) Compliance with all applicable requirements Merchants Association costs; (ix) Center advertising, promotions and promotional materials; (x) remodeling of governmental agencies pertaining the Center, or any costs for renovation or improvement to the Common Area Areas required as a result of other tenants within the Center remodeling, adding an addition or renovating; (xi) enforcement costs - any and Common Area Improvementsall of Landlord's costs to compel full performance under leases with all prior, existing, and prospective tenants at the Center, including, without limitation all legal fees, costs and expenses to collect rental arrearages and recover possession, or legal fees and expenses; (xii) leasing costs - any and all of Landlord's costs of leasing space in the Center to all prior, existing and prospective tenants, including, without limitation, consulting and marketing fees, advertising expenses, brokerage commissions, legal fees, vacancy costs, rent or other rent concessions, and/or refurbishment or improvement expenses; (xiii) capital costs - any alterations and all of the Landlord's capital costs, improvements, alterations, repairs and/or replacements (including redesign and retrofitting of existing capital improvements) to any part of the Center including, but not limited to, resurfacing and/or replacement of paving; (xiv) parking garage facilities - any and all of Landlord's expenses relating to any parking garage facility or additions required to be maintained in facilities on or about the property or comprising a part of the Center; (xv) any improvement or construction charge which would normally be and/or should have been in the original construction of the Center and any repairs or replacements to the interior or exterior which are required because of defective or faulty installation, materials, design or other latent defects; (xvi) utility service and/or service lines (for any utility service) repair, replacement, addition or maintenance charge except for those utility service and lines within the Common Area under Areas and are used by all tenants of the Center; (xvii) any lawsutility charge for usage of the Center if such usage is charged to Tenant's Premises as a result of separate metering of the service or services. In addition, any utility usage of the Common Areas which is as a result of other tenants' extended operating hours shall be excluded, and the cost of any utility, maintenance, service or repair provided to any other premises in the Center; (xviii) any Common Areas Maintenance Costs incurred or required prior to the commencement of this Lease; (xix) maintenance, repair or replacement of Common Areas which is the result of Landlord's negligence in performing preventative and/or planned maintenance which increases the costs to maintain the Common Areas in good usable condition; (xx) off site repairs, replacements or improvements; (xxi) any costs or expenses incurred by the Landlord in bringing the Center, or any portion thereof, into compliance with any applicable federal, state or local statutes, regulations codes, ordinances or requirements now rules; (xxii) reserves for anticipated future expenses; (xxiii) any bad debt loss, rent loss or hereafter adopted and made applicable reserves for bad debts or rent loss; (xxiv) any cost related to the Common Areas; operation of Landlord as an entity rather than the operating of the Center including the cost and formation of the entity, internal accounting, legal matters, preparation of tax returns, etc.; (ixxxv) To the extent deemed reasonably necessary any operating expense incurred by the Operator, provision of individuals Landlord with respect to supervise traffic at entrances and exits to the Penang Site as conditions reasonably require in order to maintain orderly and proper traffic flow other premises in the Penang Site; (x) To the extent deemed reasonably necessary Center occupied or occupiable by the Operator, provision of on-site security personnel during the hours that the Penang Site is open for business to the public or periodic patrol by security personnel during the hours that the Penang Site is closed; (xi) Collection of each Party’s Proportionate Share of CAM Costs, to the extent the Operator believes, in its good faith judgment, that the collection efforts are worthwhile; and (xii) Retention of records other tenants of the grading Center; and drainage plan (xxvi) any expense for insured or uninsured loss. Any allowable replacement of Common Areas which would constitute a "capital expenditure" shall be amortized over the useful life of said replacement and other plans and specifications for only the installation annual amortized portion of said cost shall be included in Tenant's proportionate share of Common Areas Costs. The Tenant's proportionate share of the Common Area ImprovementsMaintenance Costs, and approval or disapproval subject to Section (b) above (the "Tenant's Share") shall be the amount of such costs multiplied by a fraction, the numerator of which shall be the gross leasable area of the quality Premises as set forth in Section hereof and the denominator of Common Area Improvements to which shall be constructedthe gross leasable area of all buildings in the Center.

Common Area Maintenance. Except for work required of any Party hereunder(a) From and after the Commencement Date, Operator Landlord, at its cost and expense, shall maintain or cause to be maintained the Common Areas and Common Area Improvements in a good, the Center clean and first-class conditionin good repair so that Tenant and its customers, consistent with past practiceguests, such maintenance to invitees, officers and employees can use and enjoy the same. The obligation of Landlord pursuant hereto shall include, without limitationbut not be limited to, the following: management and maintenance of the Center and the pylon structure of Tenant's identification sign (i) Maintenanceif the same is affixed to a pylon sign used in common with Landlord or other tenants in the Center, repair and replacement but not Tenant's advertising panels), regular cleaning of all paved surfaces, in a level, smooth, and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be at least equal to such original material in quality, use, appearance, and durability; (ii) Maintenance, repair and replacement of all curbs, curb-cuts, gutters, walkways and retaining walls; (iii) Painting and striping of all Parking Areas; (iv) Placement, maintenance, repair and replacement of all necessary appropriate directional signs, markers and lines, and maintenance, repair and replacement of any artificial lighting facilities, including the replacement of fixtures and bulbs; (v) Provision of water for the landscaping in the Common Areas; (vi) Maintenance , removal of all landscaped areas trash and replacement debris from the Common Areas, repairing the asphalt and concrete portions of shrubbery and planting, and flowers including weeding, pruning and fertilizing, and repairing automatic sprinkler systems; (vii) Removal of all paper, debris, filth, refuse, including thorough sweeping in the Common Areas (including potholes, curbs and sidewalks), repairing common utility lines and facilities, repairing storm drains, repairing parking lot lights, maintaining the landscaped portion of the Common Areas (including regular grass cutting), maintaining floodlights and other necessary means of illumination sufficient to keep illuminate the Common Areas during twilight and evening hours that Tenant's store is open for business and in operation, prompt removal of snow and ice on every occasion where safety of the Common Areas is impeded, employing traffic control personnel (such as off-duty police personnel), and periodically restriping the parking area. Landlord covenants that such maintenance and repair shall be planned and preventative maintenance undertaken in order to maintain the Common Areas in a clean good usable condition so as to avoid breakdown of maintenance and orderly condition;avoidable costly repairs. Landlord shall not in any manner change the size, location, nature, design or use of the Common Areas as shown on the Site Plan without the prior written consent of Tenant, which shall not be unreasonably withheld unless the proposed change would involve additional buildings of any kind or reduce the number of parking spaces, or otherwise materially and adversely affect the access to or visibility of the Premises, in any of which cases Tenant's approval may be withheld in its sole discretion. (b) The Tenant shall reimburse the Landlord its proportionate share of the Landlord's "Common Area Maintenance Costs" (as hereinafter defined) (c) As used herein, the term "Common Area Maintenance Costs" means all reasonable costs actually paid by the Landlord for maintaining and repairing the Common Areas. The following items shall be specifically excluded from Common Area Maintenance Costs: (i) depreciation on maintenance equipment; (ii) all Real Estate Taxes; (iii) financing costs, including, but not limited to, any and all of Landlord's payments for (1) loan principal or interest, together with expenses, thereto related in connection with such financing or any refinancing during the term of this Lease, (2) ground lease rent, or (3) similar payments; (iv) salaries of Landlord's employees or agents contracted through outside services or employed by Landlord who are not exclusively engaged in the day-to-day maintenance of the Center; (v) profit or ▇▇▇▇-up; (vi) maintenance, repairs, services or improvements on the buildings or other tenant premises, except that periodic painting of the exterior of the buildings shall be an allowable expense; (vii) costs of outside management services; (viii) Compliance with all applicable requirements Merchants Association costs; (ix) Center advertising, promotions and promotional materials; (x) remodeling of governmental agencies pertaining the Center, or any costs for renovation or improvement to the Common Area Areas required as a result of other tenants within the Center remodeling, adding an addition or renovating; (xi) enforcement costs - any and Common Area Improvementsall of Landlord's costs to compel full performance under leases with all prior, existing, and prospective tenants at the Center, .including, without limitation all legal fees, costs and expenses to collect rental arrearages and recover possession, or legal fees and expenses; (xii) leasing costs - any and all of Landlord's costs of leasing space in the Center to all prior, existing and prospective tenants, including, without limitation, consulting and marketing fees, advertising expenses, brokerage commissions, legal fees, vacancy costs, rent or other rent concessions, and/or refurbishment or improvement expenses; (xiii) capital costs - any alterations and all of the Landlord's capital costs, improvements, alterations, repairs and/or replacements (including redesign and retrofitting of existing capital improvements) to any part of the Center including, but not limited to, resurfacing and/or replacement of paving; (xiv) parking garage facilities - any and all of Landlord's expenses relating to any parking garage facility or additions required to be maintained in facilities on or about the property or comprising a part of the Center; (xv) any improvement or construction charge which would normally be and/or should have been in the original construction of the Center and any repairs or replacements to the interior or exterior which are required because of defective or faulty installation, materials, design or other latent defects; (xvi) utility service and/or service lines (for any utility service) repair, replacement, addition or maintenance charge except for those utility service and lines within the Common Area under Areas and are used by all tenants of the Center; (xvii) any lawsutility charge for usage of the Center if such usage is charged to Tenant's Premises as a result of separate metering of the service or services. In addition, any utility usage of the Common Areas which is as a result of other tenants' extended operating hours shall be excluded, and the cost of any utility, maintenance, service or repair provided to any other premises in the Center; (xviii) any Common Areas Maintenance Costs incurred or required prior to the commencement of this Lease; (xix) maintenance, repair or replacement of Common Areas which is the result of Landlord's negligence in performing preventative and/or planned maintenance which increases the costs to maintain the Common Areas in good usable condition; (xx) off site repairs, replacements or improvements; (xxi) any costs or expenses incurred by the Landlord in bringing the Center, or any portion thereof, into compliance with any applicable federal, state or local statutes, regulations codes, ordinances or requirements now rules; (xxii) reserves for anticipated future expenses; (xxiii) any bad debt loss, rent loss or hereafter adopted and made applicable reserves for bad debts or rent loss; (xxiv) any cost related to the Common Areas; operation of Landlord as an entity rather than the operating of the Center including the cost and formation of the entity, internal accounting, legal matters, preparation of tax returns, etc.; (ixxxv) To the extent deemed reasonably necessary any operating expense incurred by the Operator, provision of individuals Landlord with respect to supervise traffic at entrances and exits to the Penang Site as conditions reasonably require in order to maintain orderly and proper traffic flow other premises in the Penang Site; (x) To the extent deemed reasonably necessary Center occupied or occupiable by the Operator, provision of on-site security personnel during the hours that the Penang Site is open for business to the public or periodic patrol by security personnel during the hours that the Penang Site is closed; (xi) Collection of each Party’s Proportionate Share of CAM Costs, to the extent the Operator believes, in its good faith judgment, that the collection efforts are worthwhile; and (xii) Retention of records other tenants of the grading Center; and drainage plan (xxvi) any expense for insured or uninsured loss. Any allowable replacement of Common Areas which would constitute a "capital expenditure" shall be amortized over the useful life of said replacement and other plans and specifications for only the installation annual amortized portion of said cost shall be included in Tenant's proportionate share of Common Areas Costs. The Tenant's proportionate share of the Common Area ImprovementsMaintenance Costs, and approval or disapproval subject to Section (b) above (the "Tenant's Share") shall be the amount of such costs multiplied by a fraction, the numerator of which shall be the gross leasable area of the quality Premises as set forth in paragraph 1 hereof and the denominator of Common Area Improvements to which shall be constructedthe gross leasable area of all buildings in the Center.

Common Area Maintenance. Except for work required of any Party hereunder(a) From and after the Commencement Date, Operator Landlord, at its cost and expense, shall maintain or cause to be maintained the Common Areas and Common Area Improvements in a good, the Center clean and first-class conditionin good repair so that Tenant and its customers, consistent with past practiceguests, such maintenance to invitees, officers and employees can use and enjoy the same. The obligation of Landlord pursuant hereto shall include, without limitationbut not be limited to, the following: management and maintenance of the Center and the pylon structure of Tenant's identification sign (i) Maintenanceif the same is affixed to a pylon sign used in common with Landlord or other tenants in the Center, repair and replacement but not Tenant's advertising panels), regular cleaning of all paved surfaces, in a level, smooth, and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be at least equal to such original material in quality, use, appearance, and durability; (ii) Maintenance, repair and replacement of all curbs, curb-cuts, gutters, walkways and retaining walls; (iii) Painting and striping of all Parking Areas; (iv) Placement, maintenance, repair and replacement of all necessary appropriate directional signs, markers and lines, and maintenance, repair and replacement of any artificial lighting facilities, including the replacement of fixtures and bulbs; (v) Provision of water for the landscaping in the Common Areas; (vi) Maintenance , removal of all landscaped areas trash and replacement debris from the Common Areas, repairing the asphalt and concrete portions of shrubbery and planting, and flowers including weeding, pruning and fertilizing, and repairing automatic sprinkler systems; (vii) Removal of all paper, debris, filth, refuse, including thorough sweeping in the Common Areas (including potholes, curbs and sidewalks), repairing common utility lines and facilities, repairing storm drains, repairing parking lot lights, maintaining the landscaped portion of the Common Areas (including regular grass cutting), maintaining floodlights and other necessary means of illumination sufficient to keep illuminate the Common Areas during twilight and evening hours that Tenant's store is open for business and in operation, prompt removal of snow and ice on every occasion where safety of the Common Areas is impeded, employing traffic control personnel (such as off-duty police personnel), and periodically restriping the parking area. Landlord covenants that such maintenance and repair shall be planned and preventative maintenance undertaken in order to maintain the Common Areas in a clean good usable condition so as to avoid breakdown of maintenance and orderly condition;avoidable costly repairs. Landlord shall not in any manner change the size, location, nature, design or use of the Common Areas as shown on the Site Plan without the prior written consent of Tenant, which shall not be unreasonably withheld unless the proposed change would involve additional buildings of any kind or reduce the number of parking spaces, or otherwise materially and adversely affect the access to or visibility of the Premises, in any of which cases Tenant's approval may be withheld in its sole discretion. (b) The Tenant shall reimburse the Landlord for its proportionate share of the Landlord's "Common Area Maintenance Costs" (as hereinafter defined). (c) As used herein, the term "Common Area Maintenance Costs" means all reasonable costs actually paid by the Landlord for maintaining and repairing the Common Areas. The following items shall be specifically excluded from Common Area Maintenance Costs: (i) depreciation on maintenance equipment; (ii) all Real Estate Taxes; (iii) financing costs, including, but not limited to, any and all of Landlord's payments for (1) loan principal or interest, together with expenses, thereto related in connection with such financing or any refinancing during the term of this Lease, (2) ground lease rent, or (3) similar payments; (iv) salaries of Landlord's employees or agents contracted through outside services or employed by Landlord who are not exclusively engaged in the day-to-day maintenance of the Center; (v) profit or ▇▇▇▇-up; (vi) maintenance, repairs, services or improvements on the buildings or other tenant premises, except that periodic painting of the exterior of the buildings shall be an allowable expense; (vii) costs of outside management services; (viii) Compliance with all applicable requirements Merchants Association costs; (ix) Center advertising, promotions and promotional materials; (x) remodeling of governmental agencies pertaining the Center, or any costs for renovation or improvement to the Common Area Areas required as a result of other tenants within the Center remodeling, adding an addition or renovating; (xi) enforcement costs - any and Common Area Improvementsall of Landlord's costs to compel full performance under leases with all prior, existing, and prospective tenants at the Center, including, without limitation all legal fees, costs and expenses to collect rental arrearages and recover possession, or legal fees and expenses; (xii) leasing costs - any and all of Landlord's costs of leasing space in the Center to all prior, existing and prospective tenants, including, without limitation, consulting and marketing fees, advertising expenses, brokerage commissions, legal fees, vacancy costs, rent or other rent concessions, and/or refurbishment or improvement expenses; (xiii) capital costs - any alterations and all of the Landlord's capital costs, improvements, alterations, repairs and/or replacements (including redesign and retrofitting of existing capital improvements) to any part of the Center including, but not limited to, resurfacing and/or replacement of paving; (xiv) parking garage facilities - any and all of Landlord's expenses relating to any parking garage facility or additions required to be maintained in facilities on or about the property or comprising a part of the Center; (xv) any improvement or construction charge which would normally be and/or should have been in the original construction of the Center and any repairs or replacements to the interior or exterior which are required because of defective or faulty installation, materials, design or other latent defects; (xvi) utility service and/or service lines (for any utility service) repair, replacement, addition or maintenance charge except for those utility service and lines within the Common Area under Areas and are used by all tenants of the Center, (xvii) any lawsutility charge for usage of the Center if such usage is charged to Tenant's Premises as a result of separate metering of the service or services. In addition, any utility usage of the Common Areas which is as a result of other tenants' extended operating hours shall be excluded, and the cost of any utility, maintenance, service or repair provided to any other premises in the Center; (xviii) any Common Areas Maintenance Costs incurred or required prior to the commencement of this Lease; (xix) maintenance, repair or replacement of Common Areas which is the result of Landlord's negligence in performing preventative and/or planned maintenance which increases the costs to maintain the Common Areas in good usable condition; (xx) off site repairs, replacements or improvements; (xxi) any costs or expenses incurred by the Landlord in bringing the Center, or any portion thereof, into compliance with any applicable federal, state or local statutes, regulations codes, ordinances or requirements now rules; (xxii) reserves for anticipated future expenses; (xxiii) any bad debt loss, rent loss or hereafter adopted and made applicable reserves for bad debts or rent loss; (xxiv) any cost related to the Common Areas; operation of Landlord as an entity rather than the operating of the Center including the cost and formation of the entity, internal accounting, legal matters, preparation of tax returns, etc.; (ixxxv) To the extent deemed reasonably necessary any operating expense incurred by the Operator, provision of individuals Landlord with respect to supervise traffic at entrances and exits to the Penang Site as conditions reasonably require in order to maintain orderly and proper traffic flow other premises in the Penang Site; (x) To the extent deemed reasonably necessary Center occupied or occupiable by the Operator, provision of on-site security personnel during the hours that the Penang Site is open for business to the public or periodic patrol by security personnel during the hours that the Penang Site is closed; (xi) Collection of each Party’s Proportionate Share of CAM Costs, to the extent the Operator believes, in its good faith judgment, that the collection efforts are worthwhile; and (xii) Retention of records other tenants of the grading Center; and drainage plan (xxvi) any expense for insured or uninsured loss. Any allowable replacement of Common Areas which would constitute a "capital expenditure" shall be amortized over the useful life of said replacement and other plans and specifications for only the installation annual amortized portion of said cost shall be included in Tenant's proportionate share of Common Areas Costs. The Tenant's proportionate share of the Common Area ImprovementsMaintenance Costs, and approval or disapproval subject to Section 15(b) above (the "Tenant's Share") shall be the amount of such costs multiplied by a fraction, the numerator of which shall be the gross leasable area of the quality Premises as set forth in paragraph 1 hereof and the denominator of Common Area Improvements to which shall be constructedthe gross leasable area of all buildings in the Center.

Common Area Maintenance. Except In addition to the monthly rental payable by Tenant pursuant to Article III hereof, Tenant shall, throughout the Term hereof, be responsible for work required its proportionate share of any Party hereunder, Operator shall maintain or cause to be maintained the Common Areas and all Common Area Improvements Maintenance Expenses (as defined herein) incurred in a good, clean maintaining and first-class condition, consistent with past practice, such maintenance to include, without limitation, the following: (i) Maintenance, repair and replacement of all paved surfaces, in a level, smooth, and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be at least equal to such original material in quality, use, appearance, and durability; (ii) Maintenance, repair and replacement of all curbs, curb-cuts, gutters, walkways and retaining walls; (iii) Painting and striping of all Parking Areas; (iv) Placement, maintenance, repair and replacement of all necessary appropriate directional signs, markers and lines, and maintenance, repair and replacement of any artificial lighting facilities, including the replacement of fixtures and bulbs; (v) Provision of water for the landscaping in operating the Common Areas; . As used herein, the term “Common Area Maintenance Expenses” shall mean, for each calendar year (vior portion thereof) Maintenance during the Term of this Lease, the aggregate of all landscaped areas costs, expenses and replacement liabilities of shrubbery and planting, and flowers including weeding, pruning and fertilizing, and repairing automatic sprinkler systems; every kind or nature paid or incurred by Landlord (vii) Removal of all paper, debris, filth, refuse, including thorough sweeping in the Common Areas necessary to keep the Common Areas in a clean and orderly condition; (viii) Compliance with all applicable requirements of governmental agencies pertaining to the Common Area and Common Area Improvements, including, without limitation, any alterations or additions required to be maintained in or about the Common Area under any laws, statutes, regulations or requirements now or hereafter adopted and made applicable to the Common Areas; (ix) To the extent deemed reasonably necessary by the Operator, provision of individuals to supervise traffic at entrances and exits to the Penang Site as conditions reasonably require in order to maintain orderly and proper traffic flow in the Penang Site; (x) To the extent deemed reasonably necessary by the Operator, provision of on-site security personnel during the hours that the Penang Site is open for business to the public or periodic patrol by security personnel during the hours that the Penang Site is closed; (xi) Collection of each Party’s Proportionate Share of CAM Costs, to the extent the Operator believesthat Landlord, in its good faith judgment, that regards it as reasonably necessary or appropriate to provide the collection efforts are worthwhileservices and materials hereafter referred to and to pay and incur the costs, expenses and liabilities hereafter referred to) in connection with sweeping, cleaning, removing debris from, maintaining, restriping and repairing the Common Area; and lighting the Common Area (xii) Retention including replacement of records bulbs and ballasts, and painting, repairing and maintaining of light standards); providing project identification signs; providing signs, equipment and/or personnel for assisting in traffic control and management at the Common Area (including a shuttle service if applicable); constructing, operating and repairing and maintaining any on-site or off- site utilities necessary or appropriate for the operation of the grading Common Area; providing and maintaining planting and landscaping with respect to the Common Area; providing security services with respect to the Common Area; operating any loudspeakers or other equipment supplying music; utilities charges for any services to the Common Area; repairing and maintaining the roof of the Demised Premises and the building of which they are a part (including repairs to provide for adequate drainage plan and to gutters and downspouts) all sums payable by the owner of the Shopping Center under any declaration of covenants, easements, agreements or operating agreements attributable to the Shopping Center; repairing and maintaining the structural portions of the Demised Premises and the building of which they are a part; repairing and maintaining utility lines located in the Common Area which do not exclusively serve one tenant in the Shopping Center; exterminating and pest control in and about the Demised Premises and Shopping Center; periodic repainting of exterior walls of the buildings comprising a portion of the Shopping Center (including steam cleaning or sandblasting thereof or other plans graffiti-removal procedures); repairing and specifications maintaining overhead canopies at the Shopping Center (including, without limitation, lighting and tile); repairing and maintaining sprinklers and sprinkler-risers serving the Demised Premises and the building of which they are a part; repairing and maintaining sidewalks in the Common Area (including, without limitation, periodic steam cleaning thereof); plus all other costs and expenses of every kind or nature paid or incurred by Landlord relative to operating, managing and equipping the Common Area including, without limitation, subdivision maintenance fees or dues; property owners association fees or dues and similar charges, annual charges for reserves established by Landlord for future replacements or improvements to the installation Common Area (inclusive of periodic new blacktopping of the parking areas and major roof repairs and major structural repairs) plus any management fee paid or incurred by Landlord. The phrase “Common Area Payment” shall refer to the Tenant’s Share (as hereinafter defined) of the Common Area Improvements, and approval or disapproval of the quality of Common Area Improvements Maintenance Expenses to be constructedpaid by Tenant pursuant to Section 6.4 below.

Common Area Maintenance. Except (a) Repairs, replacements, and general maintenance of and for work required the Building and Project and public and common areas and facilities of and comprising the Building and Project, including, but not limited to, the roof and roof membrane, windows, elevators, restrooms, conference rooms, health club facilities, lobbies, mezzanines, balconies, mechanical rooms, building exteriors, alarm systems, pest extermination, landscaped areas, parking and service areas, driveways, sidewalks, loading areas, fire sprinkler systems, sanitary and storm sewer lines, utility services, heating/ventilation/air conditioning systems, electrical, mechanical or other systems, telephone equipment and wiring servicing, plumbing, lighting, and any other items or areas which affect the operation or appearance of the Building or Project, which determination shall be at Landlord’s discretion (provided that any replacements shall be of at least the same or similar materials and quality of that which is being replaced), except for: those items expressly made the financial responsibility of Landlord pursuant to Paragraph 10 hereof; those items to the extend paid for by the proceeds of insurance; and those items attributable solely or jointly to specific tenants of the Building or Project. (b) Repairs, replacements, and general maintenance shall include the cost of any Party hereundercapital improvements made to or capital assets acquired for the Project or Building that in Landlord’s discretion will may reduce any other Operating Expenses, Operator shall maintain including present or cause future repair work, are reasonably necessary for the health and safety of the occupants of the Building or Project, or are required to comply with any Regulation, such costs or allocable portions thereof to be maintained amortized over such reasonable period as Landlord shall determine, together with interest on the Common Areas unamortized balance at the publicly announced “prime rate” charged by ▇▇▇▇▇ Fargo Bank, N.A. (San Francisco) or its successor at the time such improvements or capital assets are constructed or acquired, plus two (2) percentage points, or in the absence of such prime rate, then at the U.S. Treasury six-month market note (or bond, if so designated) rate as published by any national financial publication selected by Landlord, plus four (4) percentage points, but in no event more than the maximum rate permitted by law, plus reasonable financing charges. (c) Payment under or for any easement, license, permit, operating agreement, declaration, restrictive covenant or instrument relating to the Building or Project. (d) All expenses and Common Area Improvements rental related to services and costs of supplies, materials and equipment used in a goodoperating, clean managing and first-class conditionmaintaining the Premises, consistent with past practice, such maintenance to include, without limitationBuilding and Project, the following: (i) Maintenanceequipment therein and the adjacent sidewalks, repair driveways, parking and replacement of all paved surfaces, in a level, smooth, and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be at least equal to such original material in quality, use, appearance, and durability; (ii) Maintenance, repair and replacement of all curbs, curb-cuts, gutters, walkways and retaining walls; (iii) Painting and striping of all Parking Areas; (iv) Placement, maintenance, repair and replacement of all necessary appropriate directional signs, markers and lines, and maintenance, repair and replacement of any artificial lighting facilities, including the replacement of fixtures and bulbs; (v) Provision of water for the landscaping in the Common Areas; (vi) Maintenance of all landscaped areas and replacement of shrubbery and planting, and flowers including weeding, pruning and fertilizing, and repairing automatic sprinkler systems; (vii) Removal of all paper, debris, filth, refuse, including thorough sweeping in the Common Areas necessary to keep the Common Areas in a clean and orderly condition; (viii) Compliance with all applicable requirements of governmental agencies pertaining to the Common Area and Common Area Improvementsservice areas, including, without limitation, any alterations or additions required expenses related to be maintained in or about the Common Area under any lawsservice agreements regarding security, statutesfire and other alarm systems, regulations or requirements now or hereafter adopted janitorial services, window cleaning, elevator maintenance, Building exterior maintenance, landscaping and made applicable expenses related to the Common Areas;administration, management and operation of the Project, including without limitation salaries, wages and benefits and management office rent. (ixe) To The cost of supplying any services and utilities which benefit all or a portion of the extent deemed reasonably necessary by the OperatorPremises, provision of individuals Building or Project, including without limitation services and utilities provided pursuant to supervise traffic at entrances and exits to the Penang Site as conditions reasonably require in order to maintain orderly and proper traffic flow in the Penang Site;Paragraph 15 hereof. (xf) To Commercially reasonable legal expenses and the extent deemed reasonably necessary cost of audits by certified public accountants (except those charged to Landlord under Sub-Paragraph (E), below): provided, however, that legal expenses chargeable as Operating Expenses shall not include the Operatorcost of negotiating leases, provision collecting rents, evicting tenants nor shall it include costs incurred in legal proceedings with or against any tenant or to enforce the provisions of on-site security personnel during the hours that the Penang Site is open for business to the public or periodic patrol by security personnel during the hours that the Penang Site is closed;any lease. (xig) Collection A management and accounting cost recovery fee equal to five percent (5%) of each Partythe sum of the Building’s Project’s base rents and Operating Expenses (including Tenant’s Proportionate Share of CAM Costs, the Project) to the extent not included in such base rents (other than such management and accounting fee). If the Operator believesrentable area of the Building and/or Project is not fully occupied during any fiscal year of the Term as determined by Landlord, an adjustment may be made in Landlord’s discretion in computing the Operating Expenses for such year to that Tenant pays an equitable portion of all variable items (e.g., utilities, janitorial services and other component expenses that are affected by variations in occupancy levels) of Operating Expenses, as reasonably determined by Landlord; provided, however, that is no event shall Landlord be entitled to collect in excess of one hundred percent (100%) of the total Operating Expenses from all of the tenants in the Building or Project, as the case may be. Operating Expenses shall not include the cost of providing tenant improvements or other specific costs incurred for the account of, separately billed to and paid by specific tenants of the Building or Project, the initial construction cost of the Building, or debt service on any mortgage or deed of trust recorded with respect to the Project other than pursuant to Paragraph 7.A.(3)(b) above. Notwithstanding anything herein to the contrary, in its good faith judgmentany instance where Landlord, in Landlord’s sole discretion, deems Tenant to be responsible for any amounts greater than Tenant’s Proportionate Share, Landlord shall have the right to allocate such costs to Tenant. in any manner Landlord deems appropriate. The above enumeration of services and facilities shall not be deemed to impose an obligation on Landlord to make available or provide such services or facilities except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to make the collection efforts are worthwhile; and (xii) Retention of records same available or provide the same. Without limiting the generally of the grading foregoing, Tenant acknowledges and drainage plan and other plans and specifications agrees that it shall be responsible for the installation providing adequate security for its use of the Common Area ImprovementsPremises, the Building and approval the Project and that Landlord shall have no obligation or disapproval of liability with respect thereto, except to the quality of Common Area Improvements extent if any that Landlord has specifically agreed elsewhere in this Lease to be constructedprovide the same.

Common Area Maintenance. Except for work required of any Party hereunder(a) From and after the Commencement Date, Operator Landlord, at its cost and expense, shall maintain or cause to be maintained the Common Areas and Common Area Improvements in a good, the Center clean and first-class conditionin good repair so that Tenant and its customers, consistent with past practiceguests, such maintenance to invitees, officers and employees can use and enjoy the same. The obligation of Landlord pursuant hereto shall include, without limitationbut not be limited to, the following: management and maintenance of the Center and the pylon structure of Tenant's identification sign (i) Maintenanceif the same is affixed to a pylon sign used in common with Landlord or other tenants in the Center, repair and replacement but not Tenant's advertising panels), regular cleaning of all paved surfaces, in a level, smooth, and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be at least equal to such original material in quality, use, appearance, and durability; (ii) Maintenance, repair and replacement of all curbs, curb-cuts, gutters, walkways and retaining walls; (iii) Painting and striping of all Parking Areas; (iv) Placement, maintenance, repair and replacement of all necessary appropriate directional signs, markers and lines, and maintenance, repair and replacement of any artificial lighting facilities, including the replacement of fixtures and bulbs; (v) Provision of water for the landscaping in the Common Areas; (vi) Maintenance , removal of all landscaped areas trash and replacement debris from the Common Areas, repairing the asphalt and concrete portions of shrubbery and planting, and flowers including weeding, pruning and fertilizing, and repairing automatic sprinkler systems; (vii) Removal of all paper, debris, filth, refuse, including thorough sweeping in the Common Areas (including potholes, curbs and sidewalks), repairing common utility lines and facilities, repairing storm drains, repairing parking lot lights, maintaining the landscaped portion of the Common Areas (including regular grass cutting), maintaining floodlights and other necessary means of illumination sufficient to keep illuminate the Common Areas during twilight and evening hours that Tenant's store is open for business and in operation, prompt removal of snow and ice on every occasion where safety of the Common Areas is impeded, employing traffic control personnel (such as off-duty police personnel), and periodically restriping the parking area. Landlord covenants that such maintenance and repair shall be planned and preventative maintenance undertaken in order to maintain the Common Areas in a clean good usable condition so as to avoid breakdown of maintenance and orderly condition; (viii) Compliance with all applicable requirements of governmental agencies pertaining to avoidable costly repairs. Landlord shall not in any manner change the Common Area and Common Area Improvementssize, includinglocation, without limitationnature, any alterations design or additions required to be maintained in or about the Common Area under any laws, statutes, regulations or requirements now or hereafter adopted and made applicable to the Common Areas; (ix) To the extent deemed reasonably necessary by the Operator, provision of individuals to supervise traffic at entrances and exits to the Penang Site as conditions reasonably require in order to maintain orderly and proper traffic flow in the Penang Site; (x) To the extent deemed reasonably necessary by the Operator, provision of on-site security personnel during the hours that the Penang Site is open for business to the public or periodic patrol by security personnel during the hours that the Penang Site is closed; (xi) Collection of each Party’s Proportionate Share of CAM Costs, to the extent the Operator believes, in its good faith judgment, that the collection efforts are worthwhile; and (xii) Retention of records of the grading and drainage plan and other plans and specifications for the installation use of the Common Area ImprovementsAreas as shown on the Site Plan without the prior written consent of Tenant, which shall not be unreasonably withheld unless the proposed change would involve additional buildings of any kind or reduce the number of parking spaces, or otherwise materially and approval adversely affect the access to or disapproval visibility of the quality Premises, in any of which cases Tenant's approval may be withheld in its sole discretion. (b) The Tenant shall reimburse the Landlord for its proportionate share of the Landlord's "Common Area Improvements to be constructedMaintenance Costs" (as hereinafter defined).

Common Area Maintenance. Except (a) Repairs, replacements, and general maintenance of and for work required the Building and Project and public and common areas and facilities of and comprising the Building and Project, including, but not limited to, the roof and roof membrane, elevators, mechanical rooms, alarm systems, pest extermination, landscaped areas, parking and service areas, driveways, sidewalks, truck staging areas, rail spur areas, fire sprinkler systems, sanitary and storm sewer lines, utility services, heating/ventilation/air conditioning systems, electrical, mechanical or other systems, telephone equipment end wiring servicing, plumbing, lighting, and any other items or areas which affect the operation or appearance of the Building or Project, which determination shall be at Landlord's discretion, except for: those items to the extent paid for by the proceeds of insurance; and those items attributable solely or jointly to specific tenants of the Building or Project. (b) Repairs, replacements, and general maintenance shall include the cost of any Party hereunderimprovements made to or assets acquired for the Project or Building that in Landlord's discretion may reduce any other Operating Expenses, Operator shall maintain including present or cause future repair work, are reasonably necessary for the health and safety of the occupants of the Building or Project, or for the operation of the Building systems, services and equipment, or are required to be maintained the Common Areas and Common Area Improvements in a good, clean and first-class condition, consistent comply with past practiceany Regulation, such maintenance costs or allocable portions thereof shall be amortized over the useful life in accordance with General Accounting Principles as Landlord shall determine, together with interest on the unamortized balance at the publicly announced "prime rate" charged by ▇▇▇▇▇ Fargo Bank, N.A. (San Francisco) or its successor at the time such improvements or capital assets are constructed or acquired, plus two (2) percentage points, or in the absence of such prime rate, then at the U.S. Treasury six-month market note (or bond, if so designated) rate as published by any national financial publication selected by Landlord, plus four (4) percentage points, but in no event more than the maximum rate permitted by law, plus reasonable financing charges. (c) Payment under or for any easement, license, permit, operating agreement, declaration, restrictive covenant or instrument relating to includethe Building or Project. (d) All allocated or proportional expenses and rental related to services and costs of supplies, without limitationmaterials and equipment used in operating, managing and maintaining the Premises, Building and Project, the following: (i) Maintenanceequipment therein and the adjacent sidewalks, repair driveways, parking and replacement of all paved surfaces, in a level, smooth, and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be at least equal to such original material in quality, use, appearance, and durability; (ii) Maintenance, repair and replacement of all curbs, curb-cuts, gutters, walkways and retaining walls; (iii) Painting and striping of all Parking Areas; (iv) Placement, maintenance, repair and replacement of all necessary appropriate directional signs, markers and lines, and maintenance, repair and replacement of any artificial lighting facilities, including the replacement of fixtures and bulbs; (v) Provision of water for the landscaping in the Common Areas; (vi) Maintenance of all landscaped areas and replacement of shrubbery and planting, and flowers including weeding, pruning and fertilizing, and repairing automatic sprinkler systems; (vii) Removal of all paper, debris, filth, refuse, including thorough sweeping in the Common Areas necessary to keep the Common Areas in a clean and orderly condition; (viii) Compliance with all applicable requirements of governmental agencies pertaining to the Common Area and Common Area Improvementsservice areas, including, without limitation, any alterations or additions required expenses related to be maintained in or about the Common Area under any lawsservice agreements regarding security, statutesfire and other alarm systems, regulations or requirements now or hereafter adopted and made applicable to the Common Areas; (ix) To the extent deemed reasonably necessary by the Operator, provision of individuals to supervise traffic at entrances and exits to the Penang Site as conditions reasonably require in order to maintain orderly and proper traffic flow in the Penang Site; (x) To the extent deemed reasonably necessary by the Operator, provision of on-site security personnel during the hours that the Penang Site is open for business to the public or periodic patrol by security personnel during the hours that the Penang Site is closed; (xi) Collection of each Party’s Proportionate Share of CAM Costs, janitorial services to the extent not addressed in Paragraph 11 hereof, window cleaning, elevator maintenance, Building exterior maintenance, landscaping and expenses related to the Operator believesadministration, management and operation of the Project, including without limitation salaries, wages and benefits and management office rent. (e) The cost of supplying any services and utilities which benefit all or a portion of the Premises, Building or Project to the extent not addressed in its good faith judgmentParagraph 15 hereof. (f) Legal expenses and the cost of audits by certified public accountants specifically related to the operation of the Premises; provided, however, that legal expenses chargeable as Operating Expenses shall not include the collection efforts are worthwhile; andcost of negotiating leases, collecting rents, evicting tenants nor shall it include costs incurred in legal proceedings with or against any tenant or to enforce the provisions of any lease. (xiig) Retention of records A management and accounting cost recovery fee equal to two and one-half percent (2.5%) of the grading and drainage plan sum of the Project's revenues. If the rentable area of the Building and/or Project is not fully occupied during any fiscal year of the Term as determined by Landlord, an adjustment shall be made in Landlord's discretion in computing the Operating Expenses for such year so that Tenant pays an equitable portion of all variable items (e.g., utilities, janitorial services and other plans and specifications component, expenses that are affected by variations in occupancy levels) of Operating Expenses; as reasonably determined by Landlord; provided, however, that in no event shall Landlord be entitled to collect in excess of one hundred percent (100%) of the total Operating Expenses from all of the tenants in the Building or Project, as the case may be: Operating Expenses shall not include the cost of providing tenant improvements or other specific costs incurred for the installation account of, separately billed to and paid by specific tenants of the Common Area ImprovementsBuilding or Project, and approval or disapproval the initial construction cost of the quality Building, or debt service on any mortgage or deed of Common Area Improvements trust recorded with respect to the Project other than pursuant to Paragraph 7.A.(3)(b) above or commissions or other costs associated with the marketing of the Premises. The above enumeration of services and facilities shall not be constructeddeemed to impose an obligation on Landlord to make available or provide such services or facilities except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to make the same available or provide the same. Without limiting the generality of the foregoing, Tenant acknowledges and agrees that it shall be responsible for providing adequate security for its use of the Premises, the Building and the Project and that Landlord shall have no obligation or liability with respect thereto, except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to provide the same.

Common Area Maintenance. Except for work required of any Party hereunder(a) From and after the Commencement Date, Operator Landlord, at its cost and expense, shall maintain or cause to be maintained the Common Areas and Common Area Improvements in a good, the Center clean and first-class conditionin good repair so that Tenant and its customers, consistent with past practiceguests, such maintenance to invitees, officers and employees can use and enjoy the same. The obligation of Landlord pursuant hereto shall include, without limitationbut not be limited to, the following: management and maintenance of the Center and the pylon structure of Tenant's identification sign (i) Maintenanceif the same is affixed to a pylon sign used in common with Landlord or other tenants in the Center, repair and replacement but not Tenant's advertising panels), regular cleaning of all paved surfaces, in a level, smooth, and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be at least equal to such original material in quality, use, appearance, and durability; (ii) Maintenance, repair and replacement of all curbs, curb-cuts, gutters, walkways and retaining walls; (iii) Painting and striping of all Parking Areas; (iv) Placement, maintenance, repair and replacement of all necessary appropriate directional signs, markers and lines, and maintenance, repair and replacement of any artificial lighting facilities, including the replacement of fixtures and bulbs; (v) Provision of water for the landscaping in the Common Areas; (vi) Maintenance , removal of all landscaped areas trash and replacement debris from the Common Areas, repairing the asphalt and concrete portions of shrubbery and planting, and flowers including weeding, pruning and fertilizing, and repairing automatic sprinkler systems; (vii) Removal of all paper, debris, filth, refuse, including thorough sweeping in the Common Areas (including potholes, curbs and sidewalks), repairing common utility lines and facilities, repairing storm drains, repairing parking lot lights, maintaining the landscaped portion of the Common Areas (including regular grass cutting), maintaining floodlights and other necessary means of illumination sufficient to keep illuminate the Common Areas during twilight and evening hours that Tenant's store is open for business and in operation, prompt removal of snow and ice on every occasion where safety of the Common Areas is impeded, employing traffic control personnel (such as off-duty police personnel), and periodically restriping the parking area. Landlord covenants that such maintenance and repair shall be planned and preventative maintenance undertaken in order to maintain the Common Areas in a clean good usable condition so as to avoid breakdown of maintenance and orderly condition;avoidable costly repairs. Landlord shall not in any manner change the size, location, nature, design or use of the Common Areas as shown on the Site Plan without the prior written consent of Tenant, which shall not be unreasonably withheld unless the proposed change would involve additional buildings of any kind or reduce the number of parking spaces, or otherwise materially and adversely affect the access to or visibility of the Premises, in any of which cases Tenant's approval may be withheld in its sole discretion. (b) The Tenant shall reimburse the Landlord for Landlord's "Common Area Maintenance Costs" (as hereinafter defined). (c) As used herein, the term "Common Area Maintenance Costs" means all reasonable costs actually paid by the Landlord for maintaining and repairing the Common Areas. The following items shall be specifically excluded from Common Area Maintenance Costs: (i) depreciation on maintenance equipment; (ii) all Real Estate Taxes; (iii) financing costs, including, but not limited to, any and all of Landlord's payments for (1) loan principal or interest, together with expenses, thereto related in connection with such financing or any refinancing during the term of this Lease, (2) ground lease rent, or (3) similar payments; (iv) salaries of Landlord's employees or agents contracted through outside services or employed by Landlord who are not exclusively engaged in the day-to-day maintenance of the Center; (v) profit or ▇▇▇▇-up; (vi) maintenance, repairs, services or improvements on the buildings or other tenant premises, except that periodic painting of the exterior of the buildings shall be an allowable expense; (vii) costs of outside management services; (viii) Compliance with all applicable requirements Merchants Association costs; (ix) Center advertising, promotions and promotional materials; (x) remodeling of governmental agencies pertaining the Center, or any costs for renovation or improvement to the Common Area Areas required as a result of other tenants within the Center remodeling, adding an addition or renovating; (xi) enforcement costs - any and Common Area Improvementsall of Landlord's costs to compel full performance under leases with all prior, existing, and prospective tenants at the Center, including, without limitation all legal fees, costs and expenses to collect rental arrearages and recover possession, or legal fees and expenses; (xii) leasing costs - any and all of Landlord's costs of leasing space in the Center to all prior, existing and prospective tenants, including, without limitation, consulting and marketing fees, advertising expenses, brokerage commissions, legal fees, vacancy costs, rent or other rent concessions, and/or refurbishment or improvement expenses; (xiii) capital costs - any alterations and all of the Landlord's capital costs, improvements, alterations, repairs and/or replacements (including redesign and retrofitting of existing capital improvements) to any part of the Center including, but not limited to, resurfacing and/or replacement of paving; (xiv) parking garage facilities - any and all of Landlord's expenses relating to any parking garage facility or additions required to be maintained in facilities on or about the property or comprising a part of the Center; (xv) any improvement or construction charge which would normally be and/or should have been in the original construction of the Center and any repairs or replacements to the interior or exterior which are required because of defective or faulty installation, materials, design or other latent defects; (xvi) utility service and/or service lines (for any utility service) repair, replacement, addition or maintenance charge except for those utility service and lines within the Common Area under Areas and are used by all tenants of the Center; (xvii) any lawsutility charge for usage of the Center if such usage is charged to Tenant's Premises as a result of separate metering of the service or services. In addition, any utility usage of the Common Areas which is as a result of other tenants' extended operating hours shall be excluded, and the cost of any utility, maintenance, service or repair provided to any other premises in the Center; (xviii) any Common Areas Maintenance Costs incurred or required prior to the commencement of this Lease; (xix) maintenance, repair or replacement of Common Areas which is the result of Landlord's negligence in performing preventative and/or planned maintenance which increases the costs to maintain the Common Areas in good usable condition; (xx) off site repairs, replacements or improvements; (xxi) any costs or expenses incurred by the Landlord in bringing the Center, or any portion thereof, into compliance with any applicable federal, state or local statutes, regulations codes, ordinances or requirements now rules; (xxii) reserves for anticipated future expenses; (xxiii) any bad debt loss, rent loss or hereafter adopted and made applicable reserves for bad debts or rent loss; (xxiv) any cost related to the Common Areas; operation of Landlord as an entity rather than the operating of the Center including the cost and formation of the entity, internal accounting, legal matters, preparation of tax returns, etc.; (ixxxv) To the extent deemed reasonably necessary any operating expense incurred by the Operator, provision of individuals Landlord with respect to supervise traffic at entrances and exits to the Penang Site as conditions reasonably require in order to maintain orderly and proper traffic flow other premises in the Penang Site; (x) To the extent deemed reasonably necessary Center occupied or occupiable by the Operator, provision of on-site security personnel during the hours that the Penang Site is open for business to the public or periodic patrol by security personnel during the hours that the Penang Site is closed; (xi) Collection of each Party’s Proportionate Share of CAM Costs, to the extent the Operator believes, in its good faith judgment, that the collection efforts are worthwhile; and (xii) Retention of records other tenants of the grading Center; and drainage plan (xxvi) any expense for insured or uninsured loss. Any allowable replacement of Common Areas which would constitute a "capital expenditure" shall be amortized over the useful life of said replacement and other plans and specifications for only the installation annual amortized portion of said cost shall be included in Tenant's proportionate share of Common Areas Costs. The Tenant's proportionate share of the Common Area ImprovementsMaintenance Costs, and approval or disapproval subject to Section (b) above (the "Tenant's Share") shall be the amount of such costs multiplied by a fraction, the numerator of which shall be the gross leasable area of the quality Premises as set forth in Section hereof and the denominator of Common Area Improvements which shall be the gross leasable area of all buildings in the Center. Landlord shall be entitled to be constructeda fifteen (15) percent administrative fee on the CAM charges.

Common Area Maintenance. Except 13.1 The use and occupancy by Lessee of the premises shall include the use, in common with all others to whom Lessor has granted or may hereafter grant right to use the same, of the common areas located within the Center and of such other facilities as may be designated from time to time; subject, however, to rules and regulations for work required the use thereof as prescribed from time to time by Lessor, which are uniform and non-discriminatory. Lessor may, at any time, close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights in such area, or to discourage non-customer parking, and Lessor may do such other acts in and to the common areas as in its judgment may be desirable to improve the convenience thereof. Lessor specifically reserves the right to physically change exterior and interior common areas, if any, and to enclose or diminish such areas and to build and construct upon such common areas and any Party hereunderoutlots as Lessor, Operator in its sole discretion, may determine and to enlarge or eliminate common areas provided in no event shall maintain Lessor materially interfere with the egress and ingress to the premises or cause to its visibility from the roadway fronting the premises or lessen the current parking ratio. 13.2 For the purpose of this Article and wherever else used in this Lease, the common area shall be maintained the Common Areas and Common Area Improvements in a good, clean and first-class condition, consistent with past practice, such maintenance defined as to include, without by way of illustration and not limitation, all parking areas, access roads and facilities which may be furnished by Lessor, in or near the following:Center; the same including employee parking areas, the truckway, or ways, driveways, loading docks and areas, delivery of packages, package pickup stations, pedestrian sidewalks, courts and ramps, landscaped and planting areas, retaining walls, stairways, bus-stops, first aid station, if any, lighting facilities, and all other area and improvements which may be provided by Lessor for the general use in common of other tenants, their officers, agents, employees and customers. (i13.3 Lessor agrees, at Lessor's initial cost and expense, to provide a hard surfaced, properly drained, adequately lighted, and landscaped parking area, or parking areas, together with the necessary access roads within the limits of the Center. Lessee acknowledges that it has inspected the same and agrees to accept the same in its "as is" condition subject to Lessee's final review upon the commencement of this lease. Lessor hereby grants to Lessee and Lessee's employees, agents, customers and invitees the right, during the term hereof, to use, in common with others entitled to the use thereof, the parking area or areas and access roads within the limits of the Center. 13.4 Lessor further agrees to operate, manage and maintain, replace and/or repair, during the term of this Lease, all parking areas, roads, sidewalks, landscaping, drainage and lighting facilities within the limits of the Center. The term maintenance or repair shall be construed to include such maintenance, repair, or replacement, as Lessor deems reasonably necessary. The manner in which such areas and facilities shall he maintained and the expenditures thereof shall be at the sole reasonable discretion of the Lessor and the use of such areas and facilities shall be subject to such reasonable regulations as Lessor shall make from time to time, provided that Lessor shall not unreasonably reduce or degrade either such areas or the access thereto. 13.5 Lessee agrees to pay to Lessor, in addition to its minimum monthly rent as provided in Article IV above, in the manner hereinafter provided, but not more often than once each calendar month, Lessee's proportionate share of all costs and expenses of every kind and nature paid or incurred by Lessor in operating, equipping, policing, and protecting, lighting, heating, insuring, repairing, replacing, and maintaining the building(s) Maintenanceand improvements of the Center and common areas of the Center, repair including the cost of insuring all property provided by Lessor which may at any time comprise the Center. Such costs and expenses shall include, but not be limited to, illumination and maintenance and replacement of all paved surfacesCenter signs and pylons, in a level, smoothwhether on or off the Center site, and evenly covered condition with the type illumination and maintenance of surfacing material originally installed or such substitute as shall in all respects be at least equal to such original material in qualityoff-site traffic signal lights and/or directional lights, usecleaning, appearancelighting, snow removal, line painting, resurfacing of parking areas and durability; (ii) Maintenancelandscaping, repair premiums for liability and property insurance, exterior building painting, personal property taxes, pro-opening costs, supplies, holiday decorations, the cost of maintenance and replacement of all curbsequipment supplying music to the common areas, curb-cutsthe reasonable depreciation of maintenance equipment used in the operation and maintenance of the common areas and project areas, gutters, walkways and retaining walls; an amount equal to Lessee's proportionate share of seven percent (iii7%) Painting and striping of the total of all Parking Areas; (iv) Placementof the foregoing costs and expenses to cover Lessor's administrative costs. During the initial term of this Lease, maintenance, repair and Lessee shall not be obligated to pay for tile replacement of all necessary appropriate directional signsitems considered capital in nature under this paragraph. At Lessee's request and within 30 days after Lessee's receipt of statement from Lessor, markers and lines, and maintenance, repair and replacement Lessor will provide Lessee with copies of any artificial lighting facilities, including the replacement original invoices of fixtures and bulbs; (v) Provision of water vendors for the landscaping period covered by aforementioned invoice. 13.6 Lessor will annually estimate the cost of common area maintenance and will notify Lessee of its pro rata share, which shall be paid to Lessor monthly, along with the minimum rent. Notwithstanding anything herein or elsewhere to the contrary, Lessee's obligations under this Section shall commence as of the date of Lessor's delivery of possession of the demised premises to Lessee. An itemized statement showing in reasonable detail all disbursements and charges will be furnished Lessee at least once a year but no more often than every three months and any over or under charges will be adjusted at that time. Any credit or deficiency based upon an annual estimation, shall be adjusted each year on a date determined appropriate by Lessor, with Lessee paying any deficiency in the form of additional rent due the following month, or, if a credit is due, in the form of a reduced maintenance payment for the appropriate number of months. 13.7 Nothing herein shall be construed to prohibit or in anyway restrict Lessor from renting out, splitting-off, or selling any portion of the Common Areas;, without credit or right of set-off to Lessee so long as the same does not interfere with Lessee's use of the premises or parking areas. (vi) Maintenance 13.8 Lessor shall have the right to add onto, modify, or further develop the Center without advance notice or approval of all landscaped areas Lessee being first required and replacement without credit or right of shrubbery and plantingset-off to Lessee. Should the same occur however, and flowers including weedingthus reduce Lessee's percentage of occupation of the Center, pruning and fertilizingLessee shall be notified of the same, and repairing automatic sprinkler systems; (vii) Removal of all paper, debris, filth, refuse, including thorough sweeping in the Common Areas necessary to keep the Common Areas in a clean and orderly condition; (viii) Compliance with all applicable requirements of governmental agencies pertaining to the Common Area and Common Area Improvements, including, without limitation, any alterations or additions required to be maintained in or about the Common Area under any laws, statutes, regulations or requirements now or hereafter adopted and made applicable to the Common Areas; (ix) To the extent deemed reasonably necessary by the Operator, provision of individuals to supervise traffic at entrances and exits to the Penang Site as conditions reasonably require in order to maintain orderly and proper traffic flow in the Penang Site; (x) To the extent deemed reasonably necessary by the Operator, provision of on-site security personnel during the hours that the Penang Site is open for business to the public or periodic patrol by security personnel during the hours that the Penang Site is closed; (xi) Collection of each Party’s Proportionate Share of CAM Costs, to the extent the Operator believes, in its good faith judgment, that the collection efforts are worthwhile; and (xii) Retention of records Lessee's share of the grading and drainage plan and other plans and specifications for the installation of the Common Area Improvements, and approval or disapproval of the quality of Common Area Improvements to common expenses shall be constructedadjusted proportionately.