Common use of Common Area Clause in Contracts

Common Area. Landlord grants Tenant the non-exclusive right, together with all other occupants of the Building, and their respective agents, employees and invitees, to use Common Area, and any and all easement areas that are appurtenant to the Property from time to time, during the Term (and any period of Early Occupancy), subject to this Lease and all Requirements. Landlord, at Landlord’s sole and absolute discretion, may make changes to the Common Area; provided, however, that (a) in the event such changes would materially and adversely affect Tenant’s use of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject to the terms of the preceding sentence, Landlord’s rights regarding Common Area include, without limitation, the right to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close any portion of Common Area (A) for repairs, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Area, including, without limitation, any parking facilities comprising a portion of Common Area. Notwithstanding the foregoing, Landlord will not exercise such rights in a manner that unreasonably interferes with Tenant’s access to and use of the Premises and other portions of the Property which Tenant has the right to use and occupy hereunder, nor in a manner that is materially inconsistent with Tenant’s rights under this Lease (including Section 4.6).

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord grants may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive rightright to use the access roads, together with all other parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the BuildingParcel, which areas and their respective agents, employees and invitees, facilities are referred to use herein as “Common Area, and any and all easement areas that are appurtenant to .” This right shall terminate upon the Property termination of this Lease. Landlord reserves the right from time to time, during the Term (and any period of Early Occupancy), subject time to this Lease and all Requirements. Landlord, at Landlord’s sole and absolute discretion, may make changes to in the shape, size, location, amount and extent of the Common Area; provided, however, provided that (a) in the event no such changes would shall prevent or materially and diminish or adversely affect Tenant’s use of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject ability to the terms of the preceding sentence, Landlord’s rights regarding Common Area include, without limitation, the right to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close any portion of Common Area (A) for repairs, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Area, including, without limitation, any parking facilities comprising a portion of Common Area. Notwithstanding the foregoing, Landlord will not exercise such rights in a manner that unreasonably interferes with Tenant’s have access to and use of the Premises and other portions or Tenant’s allocation of the Property which Tenant has parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and occupy hereunderany part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor in a manner that is materially inconsistent with shall Tenant at any time park or permit the parking of Tenant’s rights under this Lease (vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including Section 4.6)without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below.

Common Area. “Common Area” means all areas and improvements within the Project, as it now exists or as it exists in the future, not held or designated for the exclusive use or occupancy of Landlord, Tenant, or other tenants, including, without limitation, a freight or freight/passenger elevator. Tenant may use the Common Area on a nonexclusive basis during this Lease, including, without limitation, a freight or freight/passenger elevator and Landlord grants agrees that it shall take all steps necessary to add the existing freight/passenger elevator that is exclusive to a tenant other than Tenant to the Common Area and to provide Tenant with non-exclusive right, together with all other occupants of the Building, and their respective agents, employees and invitees, to use Common Area, and any and all easement areas that are appurtenant to the Property from time to time, during the Term (and any period of Early Occupancy), subject to this Lease and all Requirements. Landlord, at Landlord’s sole and absolute discretion, may make changes to the Common Area; provided, however, that (a) in the event such changes would materially and adversely affect Tenant’s use of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed)thereof. Subject to the terms foregoing, Landlord reserves all rights in connection with the Common Area and the rest of the preceding sentenceProject, Landlord’s rights regarding Common Area includeincluding, without limitation, the right to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close change, relocate, add to, improve or demolish portions of the land and/or improvements and the layout thereof and promulgate rules and regulations with respect thereto, limit the use of any portion of the Common Area (A) for repairsby Tenant or its Affiliates, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change and place certain portions of the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area off limits to Tenant and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Areaits Affiliates, including, without limitation, any janitorial, maintenance, equipment and storage areas, and entrances, loading docks, corridors, elevators and parking facilities comprising a portion areas (specifically subject to Section 15.2 and the last sentence of Common Areathis Section 15.1). Notwithstanding Landlord reserves the foregoingspace above hung ceilings, below the floor and within the walls of the Premises, and the right to install, relocate. remove, use, maintain, repair and replace Systems and Equipment within or serving the Premises or other parts of the Building or the Project, and in such cases Landlord will not use commercially reasonable efforts avoid disturbing or interfering with the conduct of Tenant’s business more than is reasonably necessary under the circumstances. Except during emergencies or by reason of force majeure or necessary maintenance, repair or construction, Landlord’s exercise such of the rights in a manner that unreasonably interferes with Tenant’s this Article will not ever prevent Tenant from having access to and or the use of the Premises and other portions of or a loading dock or the Property base building HVAC provided by Landlord, all or which are granted 24 hours per day, seven days per week, but such exercise will not under any circumstances require Landlord to compensate Tenant has the right in any way, result in any Labilities to use and occupy hereunderLandlord, nor in a manner that is materially inconsistent with entitle Tenant to xxxxx rent, or reduce Tenant’s rights under this Lease (including Section 4.6)obligations.

Common Area. “Common Area” means all areas and improvements within the Project, as it now exists or as it exists in the future, not held or designated for the exclusive use or occupancy of Landlord, Tenant, or other tenants, including, without limitation, a freight or freight/passenger elevator. Tenant may use the Common Area on a nonexclusive basis during this Lease, including, without limitation, a freight or freight/passenger elevator and Landlord grants agrees that it shall take all steps necessary to add the existing freight/passenger elevator that is exclusive to a tenant other than Tenant to the Common Area and to provide Tenant with non-exclusive right, together with all other occupants of the Building, and their respective agents, employees and invitees, to use Common Area, and any and all easement areas that are appurtenant to the Property from time to time, during the Term (and any period of Early Occupancy), subject to this Lease and all Requirements. Landlord, at Landlord’s sole and absolute discretion, may make changes to the Common Area; provided, however, that (a) in the event such changes would materially and adversely affect Tenant’s use of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed)thereof. Subject to the terms foregoing, Landlord reserves all rights in connection with the Common Area and the rest of the preceding sentenceProject, Landlord’s rights regarding Common Area includeincluding, without limitation, the right to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close change, relocate, add to, improve or demolish portions of the land and/or improvements and the layout thereof and promulgate rules and regulations with respect thereto, limit the use of any portion of the Common Area (A) for repairsby Tenant or its Affiliates, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change and place certain portions of the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area off limits to Tenant and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Areaits Affiliates, including, without limitation, any janitorial, maintenance, equipment and storage areas, and entrances, loading docks, corridors, elevators and parking facilities comprising a portion areas (specifically subject to Section 15.2 and the last sentence of Common Areathis Section 15.1). Notwithstanding Landlord reserves the foregoingspace above hung ceilings, below the floor and within the walls of the Premises, and the right to install, relocate, remove, use, maintain, repair and replace Systems and Equipment within or serving the Premises or other parts of the Building or the Project, and in such cases Landlord will not use commercially reasonable efforts avoid disturbing or interfering with the conduct of Tenant’s business more than is reasonably necessary under the circumstances. Except during emergencies or by reason of force majeure or necessary maintenance, repair or construction, Landlord’s exercise such of the rights in a manner that unreasonably interferes with Tenant’s this Article will not ever prevent Tenant from having access to and or the use of the Premises and other portions of or a loading dock or the Property base building HVAC provided by Landlord, all or which are granted 24 hours per day, seven days per week, but such exercise will not under any circumstances require Landlord to compensate Tenant has the right in any way, result in any Liabilities to use and occupy hereunderLandlord, nor in a manner that is materially inconsistent with entitle Tenant to xxxxx rent, or reduce Tenant’s rights under this Lease (including Section 4.6)obligations.

Common Area. Landlord grants A. Tenant the nonshall pay to Landlord, within twenty (20) days after demand, as additional rent, thirty-exclusive rightsix and two tenths percent (36.2%) of all actual costs incurred by Landlord, together with all other occupants of the Building, and their respective agents, employees and invitees, to use Common Area, and any and all easement areas that are appurtenant to the Property from time to time, for common area maintenance, which includes, but is not limited to, snow and ice removal, parking lot maintenance, grass cutting, grounds maintenance, landscaping, security, repairs to or replacements of the Improvements or portions thereof and common area electric and for water and sewer charges for all of the Improvements during the Term (and any period term of Early Occupancy)this Lease. B. Subject to the remaining provisions of this Paragraph 9.B., all common areas shall be subject to this Lease the exclusive control of Landlord. Landlord shall operate, manage, equip, police, light and maintain the common areas in a manner comparable to similar buildings in the Annapolis Junction Business Park. Landlord shall use commercially reasonable efforts not, in so doing, to materially adversely affect Tenant's use and occupancy of the Premises. Landlord hereby expressly reserves the right (but not the obligation) to maintain security for the common areas; to use and to allow others to use the common areas for any legal purpose; to change the size, area, level, location and arrangement of the common areas; to close temporarily all Requirements. Landlordor any portion of the common areas for the purpose of making repairs, at Landlord’s sole and absolute discretionchanges, may make changes or alterations thereto or performing necessary maintenance in connection with any emergency or for any other purpose whatsoever, whether such purpose is similar or dissimilar to the Common Area; foregoing. If the size, area, level, location or arrangement of such common areas or the type of facilities at any time forming a part thereof be changed, altered, rearranged or diminished, Landlord shall not be subject to any liability therefor, nor shall Tenant be entitled to any compensation or diminution or abatement of rent therefor, nor shall such alteration, rearrangement, revocation, change or diminution of such common areas be deemed a constructive or actual eviction or otherwise be grounds for terminating or modifying this Lease, provided, however, that (a) if the same shall materially adversely affect the ability of Tenant to carry on its business in the event Premises, then, within thirty (30) days after any such changes would materially and adversely affect change, alteration, rearrangement or diminution, Tenant’s use , provided Tenant has first given Landlord prompt written notice of the Premises material, adverse effect upon Tenant and other portions of sixty (60) days to cure, shall have the Property as provided right to terminate this Lease, in which event, the Landlord shall return any security deposit to Tenant and Landlord shall have no further liability to Tenant under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord . Tenant shall not make changes obstruct the common areas or Alterations that would affect, in use them for any purpose other than their customary or intended purposes. Prior to making a material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject alteration to the terms of the preceding sentence, Landlord’s rights regarding Common Area include, without limitation, the right to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close any portion of Common Area (A) for repairs, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Area, including, without limitation, any parking facilities comprising a portion of Common Area. Notwithstanding the foregoingcommon areas, Landlord will not exercise such rights in a manner that unreasonably interferes with Tenant’s access to and use notify Tenant of the Premises and other portions of the Property which Tenant has the right to use and occupy hereunder, nor in a manner that is materially inconsistent with Tenant’s rights under this Lease (including Section 4.6)its proposed alterations or modifications.

Common Area. (a) Landlord hereby grants to Tenant for the term of this Lease (including all extensions and renewals thereof) the non-exclusive easement and right to use the Common Areas in common with Landlord and the other tenants of the Property for parking, ingress and egress, loading and unloading and other Common Area purposes. Landlord expressly reserves the right, together however, to designate any areas located on the western half of the Property as cross-hatched on Exhibit "A-2") for the exclusive use of any other tenant. Landlord shall be responsible for the operation, maintenance and management of the Common Area and the facilities located therein, the manner of maintenance and the expenditures therefor to be in the discretion of Landlord, but shall in all events keep the Common Areas in good condition and repair so as not to materially interfere with Tenant's use and occupancy of the Premises for its Permitted Use. In this regard, Landlord shall perform or have performed the paving (including striping and bumpers), landscape maintenance, landscape replacement, exterior painting, maintenance of exterior lighting fixtures, maintenance of tenant directories and the maintenance of the irrigation systems and common sewerage line plumbing. (b) Tenant shall be liable to Landlord for Tenant's Share of all the costs and expenses relating to the maintenance and operation of the Common Area, including but not limited to, the cost for mowing of grass; care of shrubs; landscape replacement; general landscaping; maintenance of parking areas, parking lot improvements, driveways and alleys; exterior repainting, maintenance of the exterior lighting fixtures; maintenance of tenant directories; the maintenance of the irrigation systems and common sewerage line plumbing; the cost of insurance and any fee incurred by Landlord incidental to the management of the Premises (herein, the "Management Fee"). Landlord agrees that Tenant's Share of the Management Fee shall not exceed $12,600.00 per year, commencing with calendar year 1997, and Tenant's Share of the Management Fee shall not be increased by more than three percent (3%) for each calendar year thereafter over the Tenant's Share of the Management Fee for the previous calendar year. Additionally included within the costs and expenses relating to the operation and maintenance of the Common Area are any costs incurred in complying with or removing or curing any violation of all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state, municipal and other occupants governmental bodies having jurisdiction over the Property or any portion thereof. Following calendar year 1997, Tenant's Share of "controllable Common Area expenses" shall not be increased by more than five percent (5%) over Tenant's Share of "controllable Common Area expenses" for the previous calendar year. For the purposes hereof, the term "controllable Common Area expenses" shall be limited to those expenses relating to the Common Area which are within the direct control and discretion of Landlord, but shall not include, without limitation, utility charges, insurance premiums, the cost of effecting compliance with any applicable laws and the Management Fee. If Tenant is identified as being responsible for any damage to the Common Area or any facilities located therein (including, without limitation obstructions or stoppage of the common sanitary sewerage line), then Tenant shall pay the entire cost of repairing same upon demand by Landlord. Tenant's Share of all Common Area costs and expenses shall be payable by Tenant to Landlord within ten (10) days after a statement of actual expenses is presented to Tenant, and shall be subject to periodic estimated payments as provided in Section 4.2 hereof. Common Area costs and expenses to be shared by Tenant shall not include (i) expenses incurred in leasing space, such as legal expense, brokerage commissions or advertising or promotional expenses, (ii) interest and amortization under mortgages or any other secured or unsecured loan payable by Landlord, (iii) expenses separately reimbursed by any other tenants of the Property other than pursuant to the proportionate Common Area costs and expenses provisions in their respective leases, (iv) financing and refinancing costs, including fees paid by Landlord to obtain financing or refinancing such as origination fees and brokerage commissions, (v) non-cash depreciation, (vi) costs incurred in connection with the enforcement of leases, including attorneys' fees or other costs and expenses incurred in connection with summary proceedings to dispossess any other tenant, (vii) costs for repaving and restriping of the entirety of the parking area to the extent such costs exceed the reasonable costs for such paving and striping, but Common Area costs and expenses may include repaving and restriping performed not more often than once every ten (10) years for paving and more often than once every four (4) years for striping, and shall also include any patching or repairs of paved areas, (viii) any expenses associated with any special requirements of a particular tenant in connection with the Common Areas or the maintenance thereof and (ix) any insurance premium increase caused by the use of its premises by Landlord or any tenant other than Tenant or any such increase in premium attributable to vacant space. (c) Landlord shall have the right to coordinate any repairs and other maintenance of any rail tracks serving or to serve the Building, and their respective agentsif Tenant uses such rail tracks, employees Tenant shall reimburse Landlord from time to time upon demand, as Additional Rent, for a share of the costs of such repairs and inviteesmaintenance and any other sums specified in any agreement to which Landlord is a party respecting such tracks, such share to use Common Areabe a fraction, the numerator of which is the space contained in the Premises, and any the denominator of which is the entire space occupied by rail users in the Building. (d) Landlord or such other person as Landlord may appoint shall have the exclusive control and all easement areas that are appurtenant to management of the Property Common Area and shall have the right, from time to time, during to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Tenant agrees to abide by and conform to all such rules and regulations and to cause its employees, suppliers, shippers, customers and invitees to so abide and conform. Landlord shall not be responsible to Tenant for the Term non-compliance with said rules and regulations by any other tenants within the Building. Notwithstanding anything herein to the contrary, no rule or regulation not contained herein or attached as an exhibit hereto shall be binding upon Tenant unless same is reasonable in nature, does not unreasonably interfere with Tenant's use of the Premises for the Permitted Use, is applicable to all other tenants and occupants of the Property and is administered by Landlord in a reasonable manner for the beneficial operation of the Property by all tenants thereof. (and e) Under no circumstances shall the Tenant have the right to store any period property, temporarily or permanently, within the Common Area. Any such storage shall be permitted only with the prior written consent by Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, then Landlord shall have the right, with the notice provided for in subparagraph (b) of Early OccupancyArticle XX (or earlier in the case of emergencies or to mitigate Landlord's damages), subject in addition to this Lease such other rights and all Requirementsremedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be immediately payable within ten (10) days after invoice therefor by Landlord. LandlordLandlord acknowledges that trucks will be loading and unloading Tenant's inventories in the loading areas adjacent to the Premises and that same may be parked only on that portion of the Common Areas along the east side of the Building. (f) Landlord shall have the right, at Landlord’s 's sole discretion and absolute discretion, may from time to time to (i) make changes to the Common Area; provided, however, that (a) in the event such changes would materially and adversely affect Tenant’s use of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject to the terms of the preceding sentence, Landlord’s rights regarding Common Area include, without limitation, the right to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close any portion of Common Area (A) for repairs, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Area, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways; (ii) close temporarily any parking facilities comprising a portion of the Common Area for maintenance purposes so long as reasonable access to the Premises remains available; (iii) designate other land outside the boundaries of the Property to be a part of the Common Area. Notwithstanding ; (iv) add additional buildings and improvements to the foregoingCommon Area; (v) use the Common Area while engaged in making additional improvements or alterations to the Building, the Property, or any portions thereof; and (vi) do and perform such other acts and make such other changes in, to or with respect to the Common Area and the Property as Landlord will not exercise such rights may, in a manner that its discretion, deem to be appropriate, as long as none of the foregoing materially and unreasonably interferes with Tenant’s access to and 's use of the Premises or Common Areas as to parking, access or loading, unloading or shipping articles contained in the Premises. Additionally, no material change to the Common Areas shall be made that would materially adversely affect Tenant without Tenant's prior written consent, such consent not to be unreasonably withheld or delayed and other portions of the Property which Tenant has the right to use and occupy hereunder, nor consent shall be deemed granted unless expressly denied in a manner that is materially inconsistent with Tenant’s rights under this Lease writing within five (including Section 4.6)5) business days following Landlord's request therefor.

Common Area. Landlord grants As used herein, the “Common Area” shall mean all of the areas within the Property outside of the Building, such as the parking areas, drive aisles, sidewalks and landscaped areas, as the same may exist from time to time. Tenant shall have the non-exclusive rightright to use, together in common with all Landlord and other occupants of the Building, and their respective agents, employees and invitees, Park to whom Landlord has or may hereafter grant reasonable rights to use the same, the Common Area, and any and all easement areas . To the extent other parties that are appurtenant tenants of the Park share in the use of a portion of the Common Area such parties shall share in the CAM Charge for such portion of the Common Area and Tenant’s Proportionate Share for such item shall be adjusted accordingly. Landlord shall at all times have full control, management and direction of the Common Area and, subject to Tenant’s rights under Section 1.8 above, Landlord reserves the Property right at any time and from time to time, during the Term (and any period of Early Occupancy), subject to this Lease and all Requirements. Landlord, at time in Landlord’s sole and absolute discretion, including for uses that may make changes to not be for the Common Area; provided, however, that (a) in the event such changes would materially and adversely affect Tenant’s use of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators benefit of the Building, to reduce, increase, enclose or otherwise change the stairways serving the Premisessize, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheldlocation, conditioned or delayed). Subject to the terms layout and nature of the preceding sentence, Landlord’s rights regarding Common Area include, without limitation, the right to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close any portion of Common Area (Aincluding without limitation to relocate the ingress and egress easement defined as the “South Driveway” in the Reciprocal Access Easement Agreement dated May 22, 2006, among the Board of Regents of the University of Wisconsin System, Landlord, EMD Biosciences, Inc. (a predecessor in interest to Tenant), and Wisconsin Energy Conservation Corp. (the “Easement Agreement”)), provided that (1) for repairs, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Area, including, without limitation, any parking facilities comprising a portion of Common Area. Notwithstanding the foregoing, Landlord will not exercise such rights in a manner that unreasonably interferes with Tenant’s access to and use of the Leased Premises is provided, (2) Landlord uses reasonable measures to minimize any disruption or interruption to the conduct of Tenant’s business operations at the Leased Premises, (3) Landlord shall not reduce the number of parking spaces available to Tenant on the Property except in accordance with Section 1.7 above, (4) Landlord shall not unreasonably or continuously interfere with the loading dock access at the Leased Premises, (5) direct pedestrian access shall always be provided (subject to relocation to alternate paths on a temporary basis as reasonably necessary to accommodate temporary construction conditions) from the Leased Premises to Innovation One so long as Tenant, or an affiliate leases space in Innovation One, and (6) any development of the southeast corner of the Surface Lot (other than the development of the Knowledge Road right of way) shall be subject to the prior approval of Tenant, not to be unreasonably withheld. Notwithstanding the foregoing, however, Tenant acknowledges that in all events Landlord, subject to the limitations in items (1)-(6) above, shall have the right, at all times during the term of this Lease, (i) to develop the Knowledge Road right of way, whether as a public or Landlord agrees to allow Tenant to access the University Research Park Data Network (“URPNet”) from the Leased Premises. URPNet is a high-speed communications service, linking computers located at the University Research Park to the University of Wisconsin-Madison campus and national computer networks. URPNet is meant to encourage technology and information transfer between companies and the University of Wisconsin-Madison researchers, staff and students. URPNet consists of a fiber optic-based Ethernet serving portions of the Property which University Research Park and connected to the Metropolitan United Fiber Network. Individual workstations are connected to URPNet using twisted-pair Ethernet compatible cabling. URPNet is connected to the Campus System Ethernet. Landlord will allow Tenant has to access the URPNet service with an initial system-wide capacity of 1 Gigabit/second. Tenant’s use of URPNet is subject to acceptable use policies promulgated from time to time by Landlord. Landlord reserves the right to use and occupy hereunder, nor in a manner that is materially inconsistent with limit or deny any Tenant’s use of URPNet as a result of repeated violations of promulgated acceptable use policies. Tenant’s use of the Campus resources and certain databases may be limited and may require negotiation of separate agreements between Tenant and the University of Wisconsin-Madison. Attached is a description of certain services that may be available to Tenant (Exhibit E). In no event shall Landlord be liable for an interruption or failure in the supply of service between URPNet to the Leased Premises or Tenant’s usage of, or failure to access, URPNet unless such is caused by the reckless or intentional misconduct of Landlord. Landlord acknowledges and agrees that all of Tenant’s information and data conveyed via the URPNet is proprietary and confidential and, as such, the University of Wisconsin and Landlord have no rights under this Lease to use, collect or store such information except such use, collection or storage as would normally be done by a commercial Internet Service Provider (including Section 4.6“ISP”). Landlord agrees that Tenant may also use any other ISP and Landlord agrees to grant whatever licenses or easement which may be required in connection with the same.

Common Area. Landlord grants Tenant the non-exclusive right, together with all other occupants of the Building, Building and their respective agents, employees and invitees, to use the Common Area, and any and all easement areas that are appurtenant to the Property from time to time, Area during the Term (and any period of Early Occupancy)Term, subject to this Lease and all RequirementsLaws. Landlord, at in Landlord’s sole and absolute reasonable discretion, may make changes to the Common Area; provided, however, that (a) in the event such changes would materially and adversely affect Tenant’s use of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject to the terms of the preceding sentence, Landlord’s rights regarding the Common Area include, without limitationbut are not limited to, the right to (ia) restrain unauthorized persons from using the Common Area; (iib) place permanent or temporary kiosks, displays, carts or stands in the Common Area and lease the same to tenants; (c) temporarily close any portion of the Common Area (Ai) for repairs, improvements or Alterations, (Bii) to discourage unauthorized use, (Ciii) to prevent dedication or prescriptive rights, or (Div) for any other reason that Landlord deems sufficient necessary in Landlord’s reasonable judgment; (ivd) change the shape and size of the Common Area; (ve) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (vif) subject to the terms of Section 4.4, impose and revise Building Rules concerning use of the Common Area, including, without limitationbut not limited to, any parking facilities comprising a portion of the Common Area. Notwithstanding the foregoing, Landlord will in exercising its rights set forth in this Section 4.5, Landlord’s actions pursuant to this section shall not exercise such rights in a manner that unreasonably interferes (i) materially deprive Tenant of the use and enjoyment of the Premises, (ii) materially interfere with Tenant’s access to and use of the Building, parking facilities, or the Premises or (iii) materially and other portions adversely affect the flow of traffic within the Property which Tenant has parking facilities. Furthermore, Landlord will diligently pursue completion of any work pursuant to this section as soon as possible following the right to use and occupy hereunder, nor in a manner that is materially inconsistent with Tenant’s rights under this Lease (including Section 4.6)commencement thereof.

Common Area. Subject to the terms and conditions of this Lease and ----------- such rules and regulations as Landlord grants may from time to time prescribe, Tenant and Tenant's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive rightright to use the access roads, together with all other parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the BuildingParcel, which areas and their respective agentsfacilities are referred to herein as "Common Area." This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, employees size, location, amount and invitees, extent of the Common Area. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may deem appropriate for the best interest of the occupants of the Parcel. The rules and all easement areas that are appurtenant regulations shall be binding upon Tenant upon delivery of a copy of them to the Property Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be amended by Landlord from time to time, during the Term (and any period of Early Occupancy)with or without advance notice, subject to this Lease and all Requirementsamendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of no more than One Hundred Eighteen (118) of the parking spaces in the Common Area as designated from time to time by Landlord. Tenant shall not at any time park or permit the parking of Tenant's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at Landlord’s sole and absolute discretionany time park or permit the parking of Tenant's vehicles or trucks, may or the vehicles or trucks of Tenant's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make changes no alterations, improvements or additions to the Common Area; providedArea notwithstanding the above, however, that (a) in the event such changes would materially Landlord understands and adversely affect Tenant’s use of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) agrees to work with Tenant to enable Tenant to provide an outside covered area for a smoking area for its employees. Landlord shall not make changes or Alterations that would affectoperate, in any material respectmanage, insure, maintain and repair the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject to the terms of the preceding sentence, Landlord’s rights regarding Common Area includein good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the reasonable discretion of Landlord. The cost of such repair, maintenance, operation, insurance and management, including without limitation, the right to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close any portion maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area (A) for repairs, improvements or Alterations, (B) Charge and Tenant shall pay to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient its pro rata share of such costs as provided in Landlord’s reasonable judgment; (iv) change the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Area, including, without limitation, any parking facilities comprising a portion of Common Area. Notwithstanding the foregoing, Landlord will not exercise such rights in a manner that unreasonably interferes with Tenant’s access to and use of the Premises and other portions of the Property which Tenant has the right to use and occupy hereunder, nor in a manner that is materially inconsistent with Tenant’s rights under this Lease (including Section 4.6)Paragraph 12 below.

Common Area. If the Premises are part of a common-interest subdivision (herein the "Project"), the Landlord hereby grants Tenant the right to use the "Common Areas" thereof. Such Common Areas constitute the areas and facilities outside the Premises designated for the general non-exclusive right, together with all use of Tenant and other occupants lessees of the BuildingProject and such tenant's respective employees, suppliers, shippers, customers, and their respective agentsinvitees. The Common Areas include parking areas, employees loading and inviteesunloading areas, to use Common Areatrash areas, roadways, sidewalks, walkways, parkways, driveways, and any landscaped areas. If the Premises are in a Project, the Tenant acknowledges that this Lease is subject to pre-existing recorded instruments (herein the "Project Documents") affecting the Common Areas and the operation of businesses within the Project. Tenant hereby agrees to comply with the terms of the Project Documents and rules and regulations affecting the use of the Common Areas. Upon Tenant's request, Landlord shall deliver to Tenant a current Preliminary Title Report or Title Report and all easement areas that are appurtenant underlying documents shown as exceptions to title affecting the Property from time to time, during Premises. Upon the Term (and discovery of any period of Early Occupancy), subject to this Lease and all Requirements. Landlord, at Landlord’s sole and absolute discretion, may make changes to the Common Area; provided, however, that (a) in the event such changes document affecting title which would materially and adversely affect prohibit or restrict Tenant’s 's use of the Premises for a retail entertainment software or video rental and other portions of the Property as provided under this Leasesales store, then Landlord will not make such changes without obtaining Tenant’s Tenant may terminate this Lease upon thirty (30) days' prior written consent (which consent may be granted notice to Landlord, unless Landlord is able to remove such prohibition or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject to the terms of the preceding sentence, Landlord’s rights regarding Common Area include, without limitation, the right to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close any portion of Common Area (A) for repairs, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Area, including, without limitation, any parking facilities comprising a portion of Common Arearestriction within said 30-day period. Notwithstanding the foregoing, Landlord understands and agrees that the Premises can be used by tenant as a retail entertainment software or video sales and rental store and Tenant's ability to so use the Premises is a condition precedent to this Lease. Landlord represents that nothing contained in the Project Documents or applicable zoning will not exercise such rights prohibit construction of the Building as contemplated in a manner that unreasonably interferes this Lease. Landlord shall make no changes to the Common Area or other improvements in the Project which would adversely impact the visibility of or access to the Premises or reduce parking available to the Premises or otherwise interfere with Tenant’s access to and use of the Premises and other portions of the Property which Tenant has the right to use and occupy hereunder, nor in a manner that is materially inconsistent with Tenant’s rights under this Lease (including Section 4.6)'s business.

Common Area. Landlord grants to Tenant the non-exclusive right, together with all other occupants of the Building, Project and their respective agents, employees and invitees, to use the Common Area, and any and all easement areas that are appurtenant to the Property from time to time, Area during the Term (and any period of Early Occupancy)Term, subject to this Lease and all Requirements. Landlord, at Landlord’s sole and absolute discretion, may make changes to the Common Area; provided, however, that (a) in the event such changes would materially and adversely affect Tenant’s use of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject to the terms of this Lease, all Laws and the preceding sentence, Project Rules. Landlord’s rights regarding the Common Area include, without limitationbut are not limited to, the right to (ia) restrain unauthorized persons from using the Common Area; (iib) place permanent or temporary kiosks, displays, carts or stands in the Common Area and lease the same to tenants; (c) temporarily close any portion of the Common Area (Ai) for repairs, improvements or Alterations, (Bii) to discourage unauthorized use, (Ciii) to prevent dedication or prescriptive rights, or (Div) for any other reason that Landlord reasonably deems sufficient in Landlord’s reasonable judgmentnecessary; (ivd) change the shape and size of the Common Area; (ve) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (vif) impose and revise Building Rules concerning limit the use of certain portions of the Common AreaArea to a specific tenant or tenants. Any change in the Common Area that would result in a change in the determination of the Rentable Area of the Premises (measured in accordance with the Measurement Methodology) will change the Rentable Area of the Premises for all purposes under this Lease, includingand the Lease will be amended by Landlord and Tenant accordingly. In addition, without limitationLandlord reserves the right to set hours for the use of the any common deck area and the lounge area off the lobby on the first floor of each of the South Building and the North Building, any parking facilities comprising a portion and to host private and public events and permit other occupants of the Project to host public and private events in such areas. Landlord has contracted with an outside art consultant to provide art for the Common AreaArea and lobbies of the Project and reserves the right to hold gallery openings and other events in the Common Area and change how the Common Area is decorated. Notwithstanding any of the foregoing, Landlord Tenant will not exercise such rights in a manner that unreasonably interferes with Tenant’s access to and use of the Premises and other portions of the Property which Tenant has have the right to use and occupy hereunder, nor in a manner reserve the Common Area via an online calendaring system that is materially inconsistent with Tenant’s rights under this Lease (including maintained by Landlord and made available to Tenant as set forth in Section 4.6)18.2 hereof.

Common Area. Landlord shall maintain the Common Area in good order, condition and repair, in a manner deemed by Landlord reasonable, appropriate and in the best interests of the occupants of the Shopping Center, subject to all other terms and conditions of this Lease relating to the Common Area. Landlord reserves the right to change from time to time the dimensions and location of the Common Area and the location, dimensions, identity and type of any parking area or building in the Shopping Center and to construct additional buildings, additions to existing buildings, and other improvements in the Shopping Center, to eliminate buildings from the Shopping Center, to increase the land size of the Shopping Center, and to change the name, address, number or designation by which the Shopping Center is commonly known. Tenant shall have the nonexclusive right to use the portions of the Common Area designated for such use from time to lime, such use to be in common with Landlord, other occupants of the Shopping Center and other persons entitled to use the same, and subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Tenant will furnish to Landlord upon request a complete list of license numbers of all automobiles operated by Tenant, its employees, subtenants, licensees or concessionaires. If Tenant fails to abide by any parking designations established by Landlord, then Tenant will pay a fine of $10 for each day any such car is parked in areas other than those designated by Landlord and, in addition to any other remedies available to Landlord, Landlord may tow any automobiles that are parked in areas other than those designated by Landlord. Tenant shall not solicit business or display merchandise within the Common Area, or distribute handbills therein, or take any action which would interfere with the rights of other persons to use the Common Area without the prior written consent of the Landlord, Landlord may close any part of the Common Area for such periods of time as may be necessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations. No implied easements are granted by this Lease. Landlord hereby grants Tenant the right to use and designate with signage approved by Landlord, two (2) parking spaces designated solely for electrical vehicle parking for the non-exclusive rightuse of Tenant, together with all other occupants of in the Building, and their respective agents, employees and invitees, to use Common Area, and any and all easement areas that are appurtenant to locations set forth on the Property from time to time, during the Term (and any period of Early Occupancy), Site Plan. Any signage installed by Tenant designating such parking spaces as electrical vehicle parking shall be subject to this Lease and all Requirements. Landlord, at Landlord’s sole and absolute discretion, may make changes prior approval (not to the Common Area; provided, however, that (a) in the event such changes would materially and adversely affect Tenant’s use of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject ) as to design and wording; provided, however, that signage wording shall be similar to the terms of the preceding sentence, Landlordfollowing: Parking For Electric Vehicles Only. All Other Vehicles Will Be Towed At Owner’s rights regarding Common Area include, without limitation, the right to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close any portion of Common Area (A) for repairs, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Area, including, without limitation, any parking facilities comprising a portion of Common AreaExpense. Notwithstanding the foregoing, Landlord will not exercise such rights in a manner that unreasonably interferes with Tenant’s access to and use of the Premises and other portions of the Property which Tenant has the right to use and occupy hereunder, nor in a manner that is materially inconsistent with Tenant’s rights under this Lease (including Section 4.6)Electricity Provided By Pluralsight.

Common Area. If the Premises are part of a common-interest subdivision (herein the "PROJECT"), the Landlord hereby grants Tenant the non-right to use the "COMMON AREAS" thereof. Such Common Areas constitute the areas and facilities outside the Premises designated for the general non- exclusive right, together with all use of Tenant and other occupants lessees of the BuildingProject and such tenant's respective employees, suppliers, shippers, customers, and their respective agentsinvitees. The Common Areas include parking areas, employees loading and inviteesunloading areas, to use Common Areatrash areas, roadways, sidewalks, walkways, parkways, driveways, and any landscaped areas. If the Premises are in a Project, the Tenant acknowledges that this Lease is subject to pre-existing recorded instruments (herein the "PROJECT DOCUMENTS") affecting the Common Areas and the operation of businesses within the Project. Tenant hereby agrees to comply with the terms of the Project Documents and rules and regulations affecting the use of the Common Areas. Upon Tenant's request, Landlord shall deliver to Tenant a current Preliminary Title Report or Title Report and all easement areas that are appurtenant underlying documents shown as exceptions to title affecting the Property from time to time, during Premises. Upon the Term (and discovery of any period of Early Occupancy), subject to this Lease and all Requirements. Landlord, at Landlord’s sole and absolute discretion, may make changes to the Common Area; provided, however, that (a) in the event such changes document affecting title which would materially and adversely affect prohibit or restrict Tenant’s 's use of the Premises for a retail entertainment software or video rental and other portions of the Property as provided under this Leasesales store, then Landlord will not make such changes without obtaining Tenant’s Tenant may terminate this Lease upon thirty (30) days' prior written consent (which consent may be granted notice to Landlord, unless Landlord is able to remove such prohibition or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject to the terms of the preceding sentence, Landlord’s rights regarding Common Area include, without limitation, the right to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close any portion of Common Area (A) for repairs, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Area, including, without limitation, any parking facilities comprising a portion of Common Arearestriction within said 30-day period. Notwithstanding the foregoing, Landlord understands and agrees that the Premises can be used by tenant as a retail entertainment software or video sales and rental store and Tenant's ability to so use the Premises is a condition precedent to this Lease. Landlord represents that nothing contained in the Project Documents or applicable zoning will not exercise such rights prohibit construction of the Building as contemplated in a manner that unreasonably interferes this Lease. Landlord shall make no changes to the Common Area or other improvements in the Project which would adversely impact the visibility of or access to the Premises or reduce parking available to the Premises or otherwise interfere with Tenant’s access to and use of the Premises and other portions of the Property which Tenant has the right to use and occupy hereunder, nor in a manner that is materially inconsistent with Tenant’s rights under this Lease (including Section 4.6)'s business.

Common Area. Landlord grants Tenant shall be entitled to the non-exclusive right, together with all other occupants use of the Building, Common Area. Landlord reserves the right to change from time to time the dimensions and their respective agents, employees and invitees, to use location of the Common Area, as well as the dimensions, identities, locations and types of any and all easement areas that are appurtenant to the Property from time to timebuildings, during the Term (and any period of Early Occupancy), subject to this Lease and all Requirements. Landlord, at Landlord’s sole and absolute discretion, may make changes to the Common Areasigns or other improvements in Property; provided, however, that (a) in the event such changes would shall not materially and adversely affect interfere with Tenant’s 's use of the Premises Premises. For example, and other portions without limiting generality of the Property as provided under this Leaseimmediately preceding sentence, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in from time to time substitute for any material respect, parking area other areas reasonably accessible to the appearance of the main lobby, the exterior of the Building or Property, the elevators tenants of the Building, as applicable, which areas may be elevated, surface or underground. Tenant, and its employees and customers, and when duly authorized pursuant to the stairways serving provisions of this Lease, its subtenants, licensees and concessionaires, shall have the Premisesnonexclusive right to use the Common Area (excluding roofs) as constituted from time to time, such use to be in common with Landlord, other tenants in the Building and other persons permitted by the Landlord to use the same and subject to the rights of governmental authorities, easements, other restrictions of record, and such reasonable rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord’s ability to establish rules and regulations governing all aspects of the Common Area, Tenant agrees as follows: (i) Tenant shall not solicit business within the Common Area nor take any actions which would interfere with the rights of other persons use of the Common Area; (ii) Landlord may temporarily close any part of the Common Area for such periods of time as may be necessary to make repairs or alternations or to prevent the public from obtaining Tenantprescriptive rights; and (iii) With regard to the roof(s) of the building(s) in the Property the use of the roof(s) is reserved to the Landlord, or with regard to any tenant demonstrating to Landlord’s satisfaction a need to use same, to such tenant after receiving prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject to the terms of the preceding sentence, from Landlord’s rights regarding Common Area include, without limitation, the right to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close any portion of Common Area (A) for repairs, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Area, including, without limitation, any parking facilities comprising a portion of Common Area. Notwithstanding the foregoing, Landlord will not exercise such rights in a manner that unreasonably interferes with Tenant’s access to and use of the Premises and other portions of the Property which Tenant has the right to use and occupy hereunder, nor in a manner that is materially inconsistent with Tenant’s rights under this Lease (including Section 4.6).

Common Area. Landlord grants Tenant Section 1. Additional Common Area; Transfer of Common Area Between Association and Association. A. In addition to the non-exclusive rightproperty and interests in property included within the term "Common Area", together with all other occupants as defined in Article I of this Declaration, Declarant, in its sole and absolute discretion, shall have the Buildingright to convey to the Association, and their respective agentsthe Association shall be obligated to accept from Declarant, employees and invitees, to use Common Area, and any and all easement areas that are appurtenant to the Property from time to time, during any other property, real or personal, or interests therein, so (36205737;1) 9 long as such property is, in the Term (sole discretion of Declarant, useful for the common recreation, health, safety, welfare, benefit or convenience of the Owners, provided said additional land is not encumbered by any lien or notice of violation. Any such additional property conveyed to the Association shall become and thereafter continue to be Common Area which shall be subject to all covenants, conditions, restrictions, easements and reservations set forth in this Declaration with respect to all other Common Area. B. Notwithstanding anything to the contrary set forth herein or otherwise, the Members, the Owners, and any period other person(s) and entity(ies) owning or holding any interest whatsoever in the Property or any part thereof, acknowledge and agree that with regard to any Common Areas or Limited Common Areas located from time to time within the boundaries of Early Occupancythe Property: (1) the Declarant, at any time prior to Turnover (provided the subject Common Area or Limited Common Area has not theretofore been conveyed to the Association), has the unilateral right, power, and authority, without need or requirement to obtain the consent of the Association, any Owner, any Member, any Mortgagee, or any Townhome Association, to convey one or more of said Common Areas or Limited Common Areas to a Townhome Association, which Townhome Association shall, via the deed of conveyance from the Declarant, accept the conveyance of such Common Areas or Limited Common Areas; and upon conveyance of such Common Areas or Limited Common Areas to the Townhome Association, said Common Areas or Limited Common Areas shall become Townhome Association Common Area, to be maintained by the Townhome Association pursuant to the subject Townhome Declaration; and (2) the Association, at any time prior to Turnover has the unilateral right, power, and authority, without need or requirement to obtain the consent of any Owner, any Member (other than Declarant), any Mortgagee, or any Townhome Association, to convey one or more of said Common Areas or Limited Common Areas to a Townhome Association, which Townhome Association shall, via the deed of conveyance from the Association, accept the conveyance of such Common Areas or Limited Common Areas; and upon conveyance of such Common Areas or Limited Common Areas to the Townhome Association, said Common Areas or Limited Common Areas shall become Townhome Association Common Area, to be maintained by the Townhome Association pursuant to the subject Townhome Declaration. In connection with any conveyance of any Common Areas or Limited Common Areas to any Townhome Associations pursuant to this subsection B., it is possible, but not guaranteed, that as a result of such conveyance, the amount of Assessments due hereunder may be reduced. It is also possible, however, that in connection with any such conveyance(s), the amount of assessments, pursuant to the subject Townhome Declaration, may be increased, Notwithstanding anything to the contrary set forth herein, in connection with any such conveyance of any Common Areas or Limited Common Areas pursuant to this subsection B. that occurs prior to Turnover, provided Declarant is deficit funding pursuant to Article X, Section 7 hereof, the amount of the Annual Assessments set forth in Article X, Section 2 hereof shall continue to be the maximum obligation of the Members other than Declarant. Notwithstanding anything to the contrary set forth herein or otherwise: (a) as long as X.X. Xxxxxx, or any successor entity thereof, owns fee simple title to any "Parcel" (as that term, for purposes of this Article IV, Section 1, is defined in the Association Act) within the property that is subject to the Master Regulating Documents, no transfer or conveyance of any Common Areas or Limited Common Areas pursuant to this Lease and all Requirements. Landlordsubsection B. shall be permitted without X.X. Xxxxxx'x prior written consent, at Landlord’s which consent may be denied or granted in X.X. Xxxxxx'x sole and absolute discretion, may make changes to the Common Area; provided, however, that (a) in the event such changes would materially and adversely affect Tenant’s use of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord automatically effective as of the time that neither X.X. Xxxxxx nor any successor entity thereof owns fee simple title to any Parcel within the property that is subject to the Master Regulating Documents, all right, power, and authority concerning transfers or conveyances of any Common Areas or Limited Common Areas pursuant to this subsection B. shall not make changes forever terminate and cease to exist. {36205737;1} 10 C. Notwithstanding anything to the contrary set forth herein or Alterations that would affect, in any material respectotherwise, the appearance Members, the Owners, and any other person(s) and entity(ies) owning or holding any interest whatsoever in Property or any part thereof, acknowledge and agree that: (1) the Declarant, at any time prior to Turnover, has the unilateral right, power, and authority, without need or requirement to obtain the consent of the main lobbyAssociation, any Owner, any Member, or any Mortgagee, to require, cause, and compel the exterior Association, via the subject deed of conveyance from a Townhome Declarant or Townhome Association, to accept the conveyance of fee simple title to any Townhome Association Common Area, and upon conveyance of such Townhome Association Common Area to the Association, said Townhome Association Common Area shall become, as determined by Declarant, either Common Areas, or Limited Common Areas reserved for the utilization and realization of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent Townhome Association (which consent shall not be unreasonably withheld, conditioned or delayed). Subject and its owners and members pursuant to the terms of the preceding sentence, Landlord’s rights regarding Townhome Declaration) that conveyed the subject Townhome Association Common Area includeto the Association, without limitation, to be maintained by the right Association accordingly pursuant to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close any portion of Common Area (A) for repairs, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change the shape and size of Common Area; (v) add, eliminate or change the location of any improvements located in Common Area and construct buildings or other structures in Common Areathis Declaration; and (vi2) impose the Association, in its sole discretion, at any time prior to Turnover, has the unilateral right, power, and revise Building Rules concerning use authority, without need or requirement to obtain the consent of any Owner, any Member (other than Declarant), or any Mortgagee, via the subject deed of conveyance from a Townhome Declarant or Townhome Association, to accept the conveyance of fee simple title to any Townhome Association Common Area, includingand upon conveyance of such Townhome Association Common Area to the Association, without limitationsaid Townhome Association Common Area shall become, as determined by the Association, either Common Areas, or Limited Common Areas reserved for the utilization and realization of the Townhome Association (and its owners and members pursuant to the terms of the Townhome Declaration) that conveyed the subject Townhome Association Common Area to the Association, to be maintained by the Association accordingly pursuant to this Declaration. In connection with the Association's acceptance of the conveyance of any parking facilities comprising a portion Townhome Association Common Area pursuant to this subsection C., it is possible that the amount of Common AreaAssessments due hereunder may be increased. It is also possible, however, that in connection with any such conveyance(s), the amount of assessments, pursuant to the Townhome Declaration, may be decreased. Notwithstanding anything to the foregoingcontrary set forth herein, Landlord will not exercise such rights in a manner that unreasonably interferes with Tenant’s access the event of any conveyance of any Townhome Association Common Area to and use the Association pursuant to this subsection C. prior to Turnover, provided Declarant is deficit funding pursuant to Article X, Section 7 hereof, the amount of the Premises and other portions Annual Assessments set forth in Article X, Section 2 hereof shall continue to be the maximum obligation of the Property Members other than Declarant. Notwithstanding anything to the contrary set forth herein or otherwise: (a) as long as X.X. Xxxxxx, or any successor entity thereof, owns fee simple title to any Parcel within the Kindred Development, no transfer or conveyance of any Townhome Association Common Area to the Association pursuant to this subsection C. shall be permitted without X.X. Xxxxxx'x prior written consent, which Tenant has consent may be denied or granted in X.X. Xxxxxx'x sole and absolute discretion; and (b) automatically effective as of the right time that neither X.X. Xxxxxx nor any successor entity thereof owns fee simple title to use any Parcel within the Kindred Development, all right, power, and occupy hereunder, nor in a manner that is materially inconsistent with Tenant’s rights under authority concerning transfers or conveyances of any Townhome Association Common Area to the Association pursuant to this Lease (including Section 4.6)subsection C. shall forever terminate and cease to exist.

Common Area. Landlord grants During the Lease Term, Tenant shall have the non-exclusive right to use the Common Area defined herein. Landlord reserves the right, together with all other occupants of the Building, and their respective agents, employees and inviteesin Landlord’s prudent business judgment, to use modify the Common Area, including increasing or reducing the size, adding additional buildings, structures or other improvements or changing the use, configuration and any elements thereof in its sole discretion and all easement areas that are appurtenant to the Property temporarily close or restrict access from time to timetime for repair, maintenance or construction or to prevent a dedication thereof, provided that Tenant shall receive reasonable prior written notice to Tenant if such activities are reasonably expected to affect Tenant and Tenant (i) shall at all times have reasonable access to parking and the Premises during such activities; and (ii) such modifications, when completed, shall not adversely interfere with or restrict or disturb Tenant’s possession, use or enjoyment of the Term (and any period of Early Occupancy), subject to Premises for the Permitted Use or its rights under this Lease or unreasonably and all Requirements. Landlord, at Landlord’s sole and absolute discretion, may make changes to the Common Area; provided, however, that (a) in the event such changes would materially and adversely affect interfere with or restrict Tenant’s use of parking. Landlord further reserves the right to establish, repeal and amend from time to time non-discriminatory rules and regulations (subject to the express limitations herein) for the use of the Common Area and to grant reciprocal easements or other rights to use the Common Area to owners of other property provided that no amendment to the rules and regulations or granting of rights shall restrict or disturb Tenant’s possession, use or enjoyment of the Premises for the Permitted Use or unreasonably and materially interfere with Tenant’s use or enjoyment of parking facilities and provided, further, to the extent of any conflict between an express provision of this Lease (other than the attached Rules and Regulations) and such amended Common Area rules and regulations, this Lease shall control. “Common Area” means both (i) Project Common Area which includes all portions of the Property as provided under this LeaseProject other than the Buildings, then Landlord will not make such changes without obtaining including landscaping, sidewalks, walkways, driveways, curbs, parking lots (including striping), roadways within the Project, sprinkler systems, lighting, surface water drainage systems, an athletic facility to be available for use by Tenant’s prior written consent employees (the “Athletic Facility”), as well as baseball and soccer fields, a water front park, and a perimeter walking/biking trial, and such further portions of the Project or additional or different facilities as Landlord may from time to time designate or install or make available for the use by Tenant in common with others, (ii) Building 8 Common Area which consent may be granted includes all mechanical areas, stairwells, elevators and elevator shafts, pipe, cabling and wiring shafts, together with their enclosing walls, plus, to the extent not leased to an occupant, all entrances, elevator and other lobbies, common corridors and hallways, restrooms, janitor closets, telephone closets, electric closets and other public or withheld common areas located in Tenant’s sole discretion)Building 8, and (biii) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject to the terms of the preceding sentence, Landlord’s rights regarding Common Area include, without limitation, the right to (i) restrain unauthorized persons from using Common Area; (ii) temporarily close any portion of Common Area (A) for repairs, improvements or Alterations, (B) to discourage unauthorized use, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (iv) change the shape lobbies, common corridors and size of Common Area; (v) addhallways, eliminate stairwells, elevators, restrooms and other public or change the location of any improvements common areas located in Common Area and construct buildings or other structures in Common Area; and (vi) impose and revise Building Rules concerning use of Common Area, including, without limitation, any parking facilities comprising a portion of Common Area. Notwithstanding the foregoing, Landlord will not exercise such rights in a manner that unreasonably interferes with Tenant’s access to and use of the Premises and other portions of the Property which Tenant has the right to use and occupy hereunder, nor in a manner that is materially inconsistent with Tenant’s rights under this Lease (including Section 4.6)8.

Common Area. Landlord grants Tenant a. The “Common Area” is the non-exclusive right, together with all other occupants entire area within the Property that is not otherwise part of the Building. The Common Area includes, without limitation, all structural components of the Property, and their respective agentsall facilities in and around the Building, employees that are intended for common use by Sublessee’s customers, invitees and employees, and which Common Area also includes, but is not limited to driveways, driving lanes, parking areas, lighting, service areas, pylons, signs, sidewalks and landscaping. b. Sublessee and Sublessee’s invitees, customers and employees shall have the nonexclusive right to use the Common AreaArea in common with Sublessor, and any its respective invitees, customers and all easement employees for the use and purposes designated by Sublessor. c. The Common Area shall be under the exclusive management and control of Sublessor or Sublessor’s agent. The manner of operation and the expenditures therefore shall be in Sublessor’s discretion. Sublessor shall have the right to designate, relocate and limit the use of particular areas that are appurtenant or portions of the Common Area for the efficient management, operation, maintenance and use thereof, and Sublessee shall comply with these restrictions, so long as Sublessee’s right to use the Property is not materially adversely affected. Sublessor shall also have the right to permit entertainment events, as well as the placement of kiosks, carts, advertising and other displays in the Common Areas. d. Subject to the Property from time provisions of the Ground Lease, Sublessor shall maintain the Common Area in good repair, including establishing (to timethe extent deemed necessary by Sublessor) reserves for and making replacements when and where necessary. “Common Area Expenses” shall include all costs and expenses incurred by Sublessor for the operation, during maintenance, repair and replacement of the Term Common Area and for the management of the Property, including without limitation expenses for: (i) property management fees for Property; (ii) cleaning, sweeping and any period janitorial services; (iii) removal of Early Occupancy)rubbish; (iv) snow and ice removal’; (v) labor (including payment of wages, subject benefits and payroll taxes) to this Lease and all Requirements. Landlord, at Landlord’s sole and absolute discretion, may make changes to maintain the Common Area; provided(vi), however, that (a) materials and supplies in connection with the event such changes would materially operation and adversely affect Tenant’s use maintenance of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject to the terms of the preceding sentence, Landlord’s rights regarding Common Area include, without limitation, the right to (i) restrain unauthorized persons from using Common Area; (iivii) temporarily close providing and maintaining utility systems and services, including payment of sewer service fees; (viii) maintaining, repairing, reserving for replacement of and replacing all sidewalks, curbs, walkways and paved areas, as well as the roof and structural portions of the all portions of the Property; (ix) landscaping, planting and irrigation systems; (x) signs; (xi) trash facilities, loading and delivery areas; (xii) lighting, drainage, and directional markers and bumpers; (xiii) maintaining and repairing security systems and alarms; (xiv) payment of premiums for workers’ compensation insurance, commercial general liability insurance and casualty insurance maintained by Sublessor with respect to the Property, as well as any portion of Common Area (A) for repairs, improvements or Alterationsdeductible under any insurance which Sublessor pays in connection thereto;, (Bxv) to discourage unauthorized usepayment of rental cost for or straight-line depreciation on tools, (C) to prevent dedication or prescriptive rights, or (D) for any other reason that Landlord deems sufficient machinery and equipment used in Landlord’s reasonable judgment; (iv) change connection with the shape and size of Common Area; (vxvi) add, eliminate payment of all personal property taxes and assessments levied or change assessed against personal property located on or used to maintain the location of any improvements located in Common Area and construct buildings or other structures in Common Area; (xvii) payment of any regulatory fee or surcharge or similar imposition imposed by governmental requirements; (xviii) payment of the cost of a security service and/or security system if Sublessor determines that such security is necessary, including servicing, maintaining and monitoring any fire sprinkler system; (vixix) impose and revise Building Rules concerning use of any alterations, additions, or improvements required to be made to the Common AreaArea in order to comply with applicable laws, includingorders or regulation; and, without limitation, any parking facilities comprising a portion of (xx) all other items necessary to keep the Common Area. Notwithstanding the foregoing, Landlord will not exercise such rights Area in a manner that unreasonably interferes with Tenant’s access to state of good sanitary condition and use of the Premises and other portions of the Property which Tenant has the right to use and occupy hereunder, nor in a manner that is materially inconsistent with Tenant’s rights under this Lease (including Section 4.6)repair.