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-xx; (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 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 xxxx-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 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 xxxx-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 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 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 mark-xx; (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 Common Area under property or comprising a part of the Center; (xv) any laws, statutes, regulations improvement or requirements now construction charge which would normally be and/or should have been in the original construction of the Center and any repairs or hereafter adopted and made applicable 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 Areas; (ix) To the extent deemed reasonably necessary Areas and are used 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 all tenants of the grading and drainage plan and other plans and specifications Center; (xvii) any utility charge for usage of the installation 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 Area ImprovementsAreas which is as a result of other tenants' extended operating hours shall be excluded, and approval the cost of any utility, maintenance, service or disapproval 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, codes, ordinances or rules; (xxii) reserves for anticipated future expenses; (xxiii) any bad debt loss, rent loss or reserves for bad debts or rent loss: (xxiv) any cost related to the operation of Landlord as an entity rather than the operating of the quality Center including the cost and formation of the entity, internal accounting, legal matters, preparation of tax returns, etc.; (xxv) any operating expense incurred by Landlord with respect to other premises in the Center occupied or occupiable by other tenants of the Center; and (xxvi) any expense for insured or uninsured loss. Any allowable replacement of Common Area Improvements to be constructed.Areas which would constitute a "capital expenditure" shall be

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 xxxx-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 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 for work required of any Party hereunderTenant agrees to pay, Operator shall maintain or cause to be maintained the Common Areas and Common Area Improvements in a goodwithin thirty (30) days after Landlord's written demand therefor, clean and first-class conditionas additional rent, 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 an amount equal to such original material in quality, use, appearance, and durability; (ii) Maintenance, repair and replacement Tenant's Proportionate Share of all curbs, curb-cuts, gutters, walkways and retaining walls; (iii) Painting and striping "Landlord's Cost" of all Parking Areas; (iv) Placement, maintenance, repair and replacement of the Building, the Real Property and the landscaped, parking and all necessary appropriate directional signsother common areas thereof, markers both within the interior and linesthe exterior of the Building. Upon written request of Tenant, and maintenanceLandlord shall provide reasonable back-up documentation evidencing the charges set forth in any such written demand or invoice with respect to Landlord's Cost. The term "Landlord's Cost", repair as used herein, shall be deemed to include, without limiting the generality of the foregoing, gardening, landscaping, irrigation, planting, replanting and replacement of any artificial lighting facilitiesflowers, including the replacement of fixtures shrubbery, trees and bulbs; (v) Provision of water for the landscaping in the Common Areas; (vi) Maintenance of all landscaped areas and replacement of shrubbery and plantinggrass, 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 Improvementsstriping, including, without limitation, any alterations or additions the cost of electricity and maintenance and replacement of fixtures and bulbs, with respect to the parking areas, repair of paving, curbs and walkways, repair and cleaning of drainage facilities, trash, rubbish and garbage removal, snow and ice removal, sprinkler fireline systems and sprinkler supervisory service, exterior lighting, maintenance repair and replacement of the sanitary system (subject to the provisions of Xxxxxxxxx 00 xxxxx), xxxxxxxxxxx, repair and replacement ofthe roofthat is located over the common area of the Building, rental of machinery and equipment, cost of personnel to implement all of the foregoing, security and security guard service, and other similar costs of the type incurred in the operation of comparable properties plus Landlord's management fee of four (4%) percent of Landlord's Cost. The parties acknowledge and agree that (i) Landlord does not, and will not be required to, provide concierge services at the Building, and (ii) the usage of irrigation systems serving the Real Property shall be measured by two (2) existing meters for purposes of determining the cost of irrigation to be maintained included in Landlord's Cost. In an effort to control Landlord's Cost, Landlord agrees that, for the first Lease Year, Landlord shall either (y) use Tenant's current vendors for services at the Real Property, or about (z) in the Common Area under any lawsevent Tenant's current vendors are not performing the required services to Landlord's reasonable satisfaction, statutes, regulations or requirements now or hereafter adopted utilize vendors with pricing structures and made applicable service levels reasonably comparable to the Common Areas; (ix) To pricing structures ofTenant's current vendors. From and after the extent deemed second Lease Year, Landlord agrees to use vendors whose rates are reasonably necessary by the Operator, provision competitive with those 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 other vendors offering similar services 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 constructedcomparable buildings. 48.