Common use of Common Area Clause in Contracts

Common Area. 9.1 The Common Areas of the Shopping Center shall consist of all portions of the Shopping Center which shall not be occupied by buildings leased or held for lease, as more specifically depicted on EXHIBIT B. The general term "COMMON AREAS" includes all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, corridors, elevators and elevator shafts, stairwells, sidewalks, roadways, loading areas or appurtenances (unless the operation, repair and maintenance of a particular loading area or appurtenances is the responsibility of the tenant or tenants who have the use of same), service roads, lighting facilities (if used to illuminate the Common Areas), common heating, utility and ventilation facilities and utility, mechanical, telephone and electric rooms, drainage facilities, traffic control signs and fences. 9.2 Landlord hereby gives and grants to Tenant during the Term, for the benefit of Tenant and Tenant's subtenants, licensees and concessionaires, and their respective employees, contractors, customers, invitees and deliverymen, the right to use all of the Common Areas, in common with Landlord and all other tenants and occupants of the Shopping Center and their respective employees, contractors, agents, assigns, customers, invitees and deliverymen. The rights hereby granted with respect to the Common Areas shall run with and bind the Shopping Center and the land on which it is located, shall be binding upon Landlord and Landlord's successors in title to all or any part of the Shopping Center, and shall constitute an irrevocable, nonexclusive easement appurtenant to the Premises for the benefit of, and shall be enforceable by, Tenant and its successors and assigns throughout the Term. 9.3 Unless required by law, Landlord shall not alter the size or location of curb cuts or private drives that provide access to the Shopping Center without providing reasonably equivalent access nor reduce parking ratios within the Shopping Center below that required by Article 16, without the prior written consent of Tenant. Landlord may designate portions of the Common Areas as parking spaces for employees of occupants of the Shopping Center, subject to the prior written approval of Tenant, which consent shall not be withheld if such employee parking located within the No Build Area is located in the row of parking bordering Xxxxxxx Avenue. 9.4 Landlord shall not provide for or knowingly permit the use of the Common Areas by any person or legal entity other than as set forth in Paragraph 9.2. 9.5 Tenant shall not be required to pay its Proportionate Share of any expenses (including Real Property Taxes and Assessments, CAM Expenses or costs of insurance) relating to any land added to the Shopping Center until such land is improved with a building or buildings and such land directly benefits the Shopping Center. 9.6 Landlord shall keep and maintain the Common Areas in good condition and repair in a manner consistent with first class shopping centers of a similar size and nature. Such maintenance shall include repairing and replacing paving; keeping the Common Areas properly drained, free of snow, ice, water, rubbish and other obstructions, and in neat, clean, orderly and sanitary condition; keeping the Common Areas and such other areas suitably lighted during, and for appropriate periods before and after, Tenant's business hours; maintaining signs, markers, painted lines and other means and methods of pedestrian and vehicular traffic control; maintaining adequate roadways, entrances and exits; and maintaining any plantings and landscaped areas. 9.7 Tenant agrees to reimburse Landlord for Tenant's Proportionate Share of all reasonable expenses incurred directly in connection with the maintenance, repair and operation of the Common Areas ("CAM EXPENSES"). CAM Expenses shall be limited by the terms of Paragraphs 9.8 and 9.9 and the other provisions hereunder. CAM Expenses may include an administrative fee equal to ten (10%) percent of the total of all other expenses included within CAM Expenses hereunder (excluding, however, any and all insurance, taxes and capital expenditures included therein). CAM Expenses invoiced to the Tenant shall identify the nature of each CAM Expense and Tenant's Proportionate Share of such CAM Expense. Tenant shall reimburse Landlord its Proportionate Share of the CAM Expenses within thirty (30) days of its receipt of Landlord's invoice. Alternatively, Landlord may, prior to the Rent Commencement Date or the beginning of any subsequent calendar year, provide Tenant a written estimate of the CAM Expenses for the calendar year and Tenant shall pay one-twelfth (1/12th) of such estimate as Additional Rent with each payment of Fixed Rent during such calendar year. Within sixty (60) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total CAM Expenses, Tenant's Proportionate Share of such CAM Expenses (prorated for any partial calendar year) and the total of the monthly payments made by Tenant to Landlord during such calendar year. Such statement shall be certified by Landlord as being correct. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such-statement, and Tenant shall pay to Landlord any underpayment for such year with Tenant's next succeeding CAM Expense payment. Landlord shall keep good and accurate books and records for a period of three (3) years in accordance with generally accepted accounting principles concerning the operation, maintenance and repair of the Common Areas, and Tenant and its agents shall have the right, upon ten (10) days' notice, not more often than once per year, to audit, inspect and copy such books and records at Landlord's principal place of business. If any statement of CAM Expenses previously furnished to Tenant shall be greater than one hundred three percent (103%) of the actual CAM Expenses shown by such audit, Landlord shall immediately pay Tenant's reasonable out-of-pocket costs of such audit for the period audited. In any event, Landlord shall promptly pay Tenant all CAM Expenses shown by such audit to be overpaid by Tenant and Tenant shall promptly pay Landlord all CAM Expenses shown by such audit to be underpaid by Tenant. 9.8 CAM Expenses shall exclude expenses due to: (i) capital improvements; (ii) repairs and replacements, which under sound accounting principles and practices should be classified as capital expenditures; (iii) painting, redecorating or other work that Landlord performs for any other tenant or prospective tenant of the Shopping Center (as compared to periodic repainting of the Building not to exceed once every five (5) years for the benefit of the Premises which may be included within CAM Expenses); (iv) repairs or other work (including rebuilding) occasioned by fire, windstorm or other casualty or by condemnation; (v) any costs that are separately charged to and payable by tenants or for which Landlord is compensated by insurance proceeds or warranties; (vi) leasing commissions and expenses of procuring tenants, including lease concessions and lease take-over obligations; (vii) depreciation, except depreciation of equipment used exclusively for the maintenance of the Shopping Center; (viii) interest on and amortization of debt; (ix) taxes of any nature, including Real Estate Taxes and Assessments (payment of which is specifically addressed in Article 8 above) and interest and penalties for late payment of taxes (unless caused by Tenant's late payment of its Proportionate Share of taxes); (x) rent payable under any lease to which this Lease is subject; (xi) off-premises supervisory personnel or property managers; (xii) costs and expenses of enforcing leases against tenants, including legal fees; (xiii) managing agents' commissions or fees, however characterized; (xiv) expenses resulting from any violation by Landlord of the terms of any lease of space in the Shopping Center or of any ground or underlying lease or any mortgage; (xv) the repair of any part of the Common Areas that was inadequately designed or defectively constructed; (xvi) Landlord's maintenance or repair description as required pursuant to Article 10; (xvii) insurance (payment of which is specifically addressed in Article 21); (xviii) expenses for vacant or vacated space, including utility, security and renovating costs for such space; (xix) all costs and expenses associated with Environmental Clean-up Work (hereinafter defined) except if caused or permitted by Tenant, its employees, agents, contractors or invitees; and (xx) any costs and expenses associated with Landlord's compliance with Legal Requirements pursuant to Paragraph 7.3 above; and (xxi) parking lot resurfacing and restriping during the first three (3) Lease Years; provided, however, that CAM Expenses may include the annual amortized cost to replace the parking lot within the Shopping Center if replaced after the initial term of the Lease, such amortization to be based upon the useful life of the parking lot (based on generally accepted accounting principles). 9.9 Notwithstanding the foregoing, Tenant's Proportionate Share of CAM Expenses for the first full calendar year during the Term shall not exceed $7,500. After such first full calendar year and through and including the fifth (5th) full calendar year during the term, Tenant's Proportionate Share of CAM Expenses shall not exceed one hundred five percent (105%) of the CAM Expenses paid by Tenant for the preceding calendar year.

Common Area. 9.1 The Common Areas Landlord grants Tenant the non-exclusive right, together with all other occupants of the Shopping Center shall consist Building and their agents, employees and invitees, to use the Common Area during the Term. For purposes of all portions of this Lease, “Common Area” means the Shopping Center which shall not be occupied by buildings leased or held for lease, as more specifically depicted on EXHIBIT B. The general term "COMMON AREAS" includes all parking areas, landscape areas, aislesarea, driveways, entranceslobby areas, exitsmultitenant corridors and landscaped areas, walkways, corridors, elevators and elevator shafts, stairwells, sidewalks, roadways, loading as well as other areas or appurtenances (unless the operation, repair and maintenance of a particular loading area or appurtenances is the responsibility of the tenant or tenants who have the use of same)Building and Land which Landlord may designate from time to time as common area available to all tenants. Landlord, service roadsat Landlord’s reasonable discretion, lighting facilities (if used may make changes to illuminate the Common Areas)Area so long as it does not unreasonably interfere with Tenant’s ability to conduct business or adversely affect the Tenant’s access and the quality of the Building. Landlord’s rights regarding the Common Area include, common heating, utility and ventilation facilities and utility, mechanical, telephone and electric rooms, drainage facilities, traffic control signs and fences. 9.2 Landlord hereby gives and grants to Tenant during the Term, for the benefit of Tenant and Tenant's subtenants, licensees and concessionaires, and their respective employees, contractors, customers, invitees and deliverymenbut are not limited to, the right to use all (a) restrain unauthorized persons from using the Common Area; (b) 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 AreasArea (i) for repairs, improvements or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in common with Landlord Landlord’s reasonable judgment; (d) change the shape and all other tenants and occupants of the Shopping Center and their respective employees, contractors, agents, assigns, customers, invitees and deliverymen. The rights hereby granted with respect to the Common Areas shall run with and bind the Shopping Center and the land on which it is located, shall be binding upon Landlord and Landlord's successors in title to all or any part of the Shopping Center, and shall constitute an irrevocable, nonexclusive easement appurtenant to the Premises for the benefit of, and shall be enforceable by, Tenant and its successors and assigns throughout the Term. 9.3 Unless required by law, Landlord shall not alter the size or location of curb cuts or private drives that provide access to the Shopping Center without providing reasonably equivalent access nor reduce parking ratios within the Shopping Center below that required by Article 16, without the prior written consent of Tenant. Landlord may designate portions of the Common Areas as parking spaces for employees Area; (e) add, eliminate or change the location of occupants of the Shopping Center, subject to the prior written approval of Tenant, which consent shall not be withheld if such employee parking located within the No Build Area is any improvements located in the row of parking bordering Xxxxxxx Avenue. 9.4 Landlord shall not provide for Common Area and construct buildings or knowingly permit other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common Areas by Area, including, but not limited to, any person or legal entity other than as set forth in Paragraph 9.2. 9.5 Tenant shall not be required to pay its Proportionate Share of any expenses (including Real Property Taxes and Assessments, CAM Expenses or costs of insurance) relating to any land added to the Shopping Center until such land is improved with parking facilities comprising a building or buildings and such land directly benefits the Shopping Center. 9.6 Landlord shall keep and maintain the Common Areas in good condition and repair in a manner consistent with first class shopping centers of a similar size and nature. Such maintenance shall include repairing and replacing paving; keeping the Common Areas properly drained, free of snow, ice, water, rubbish and other obstructions, and in neat, clean, orderly and sanitary condition; keeping the Common Areas and such other areas suitably lighted during, and for appropriate periods before and after, Tenant's business hours; maintaining signs, markers, painted lines and other means and methods of pedestrian and vehicular traffic control; maintaining adequate roadways, entrances and exits; and maintaining any plantings and landscaped areas. 9.7 Tenant agrees to reimburse Landlord for Tenant's Proportionate Share of all reasonable expenses incurred directly in connection with the maintenance, repair and operation portion of the Common Areas Area ("CAM EXPENSES"which must be applied in a non-discriminatory manner). CAM Expenses shall be limited by Notwithstanding the terms of Paragraphs 9.8 and 9.9 and the other provisions hereunder. CAM Expenses may include an administrative fee equal to ten (10%) percent of the total of all other expenses included within CAM Expenses hereunder (excludingabove, however, any and all insurance, taxes and capital expenditures included therein). CAM Expenses invoiced to the Tenant shall identify the nature of each CAM Expense and Tenant's Proportionate Share of such CAM Expense. Tenant shall reimburse Landlord its Proportionate Share of the CAM Expenses within thirty (30) days of its receipt of Landlord's invoice. Alternatively, Landlord may, prior to the Rent Commencement Date or the beginning of any subsequent calendar year, provide Tenant a written estimate of the CAM Expenses for the calendar year and Tenant shall pay one-twelfth (1/12th) of such estimate as Additional Rent with each payment of Fixed Rent during such calendar year. Within sixty (60) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total CAM Expenses, Tenant's Proportionate Share of such CAM Expenses (prorated for any partial calendar year) and the total of the monthly payments made by Tenant to Landlord during such calendar year. Such statement shall be certified by Landlord as being correct. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such-statement, and Tenant shall pay to Landlord any underpayment for such year with Tenant's next succeeding CAM Expense payment. Landlord shall keep good and accurate books and records for a period of three (3) years in accordance with generally accepted accounting principles concerning the operation, maintenance and repair of the Common Areas, and Tenant and its agents shall have the right, upon ten (10) days' notice, not more often than once per year, right to audit, inspect and copy such books and records at Landlord's principal place of business. If any statement of CAM Expenses previously furnished to Tenant shall be greater than one hundred three percent (103%) of use the actual CAM Expenses shown by such audit, Landlord shall immediately pay Tenant's reasonable out-of-pocket costs of such audit for conference facility on the period audited. In any event, Landlord shall promptly pay Tenant all CAM Expenses shown by such audit to be overpaid by Tenant and Tenant shall promptly pay Landlord all CAM Expenses shown by such audit to be underpaid by Tenant. 9.8 CAM Expenses shall exclude expenses due to: (i) capital improvements; (ii) repairs and replacements, which under sound accounting principles and practices should be classified as capital expenditures; (iii) painting, redecorating or other work that Landlord performs for any other tenant or prospective tenant of first floor and/or the Shopping Center (as compared to periodic repainting third floor of the Building not the “Conference Facility”) at no charge one (1) time per year and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to exceed once every five (5) years for the benefit all tenants of the Premises which may be included within CAM Expenses); (ivBuilding) repairs or other work (including rebuilding) occasioned by fire, windstorm or other casualty or by condemnation; (v) any costs that are separately charged to and payable by tenants or for which Landlord is compensated by insurance proceeds or warranties; (vi) leasing commissions and expenses of procuring tenants, including lease concessions and lease take-over obligations; (vii) depreciation, except depreciation of equipment used exclusively for the maintenance of the Shopping Center; (viii) interest on and amortization of debt; (ix) taxes of any nature, including Real Estate Taxes and Assessments (payment of which is specifically addressed in Article 8 above) and interest and penalties for late payment of taxes (unless caused by Tenant's late payment of its Proportionate Share of taxes); (x) rent payable under any lease to which this Lease is subject; (xi) off-premises supervisory personnel or property managers; (xii) costs and expenses of enforcing leases against tenants, including legal fees; (xiii) managing agents' commissions or fees, however characterized; (xiv) expenses resulting from any violation by Landlord of the terms of any lease of space in the Shopping Center or of any ground or underlying lease or any mortgage; (xv) the repair of any part of the Common Areas that was inadequately designed or defectively constructed; (xvi) Landlord's maintenance or repair description as required pursuant to Article 10; (xvii) insurance (payment of which is specifically addressed in Article 21); (xviii) expenses for vacant or vacated space, including utility, security and renovating costs for such space; (xix) all costs and expenses associated with Environmental Clean-up Work (hereinafter defined) except if caused or permitted by Tenant, its employees, agents, contractors or invitees; and (xx) any costs and expenses associated with Landlord's compliance with Legal Requirements pursuant to Paragraph 7.3 above; and (xxi) parking lot resurfacing and restriping during the first three (3) Lease Years; provided, however, that CAM Expenses may include the annual amortized cost to replace the parking lot within the Shopping Center if replaced after the initial term of the Lease, such amortization to be based upon the useful life availability of the parking lot (based on generally accepted accounting principles)such Conference Facility. 9.9 Notwithstanding the foregoing, Tenant's Proportionate Share of CAM Expenses for the first full calendar year during the Term shall not exceed $7,500. After such first full calendar year and through and including the fifth (5th) full calendar year during the term, Tenant's Proportionate Share of CAM Expenses shall not exceed one hundred five percent (105%) of the CAM Expenses paid by Tenant for the preceding calendar year.

Common Area. 9.1 7.1. The Common Areas Area is defined to be those areas within the area designated as such on Exhibit A attached; and the term Common Area also includes those common access areas which are for the non-exclusive use of tenants (including the Tenant) of the Shopping Center shall consist Building of all portions of which the Shopping Center which shall not be occupied by buildings leased or held for leaseDemised Premises are a part, as more specifically depicted particularly described on EXHIBIT B. Exhibit A-2. The general term "COMMON AREAS" includes all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, corridors, elevators and elevator shafts, stairwells, sidewalks, roadways, loading Common Area excludes any areas constructed or appurtenances (unless allocated for the operation, repair and maintenance exclusive use of a particular loading area Tenant or appurtenances is for the responsibility exclusive use of Landlord or any other tenant of the tenant or tenants who have Building of which the use of same), service roads, lighting facilities (if used to illuminate the Common Areas), common heating, utility and ventilation facilities and utility, mechanical, telephone and electric rooms, drainage facilities, traffic control signs and fencesDemised Premises are a part. 9.2 7.2. Landlord hereby gives and grants to Tenant during the TermTenant, for the benefit of Tenant and Tenant's subtenantsits licensees, licensees and concessionaires, and their respective employees, contractorsinvitees, customers, invitees employees, successors and deliverymenpermitted assigns, during the term of this Lease and any renewal term, the non-exclusive right to use all of the Common Areas, Area in common with Landlord and all other tenants and occupants of the Shopping Center Building of which the Demised Premises are a part and their respective employeeslicensees, contractors, agents, assignsinvitees, customers, invitees employees, successors and deliverymenassigns, subject to the provisions of this Lease, and subject to all applicable Piedmont Triad Research Park protective covenants and to those reasonable rules and regulations which may be promulgated by Landlord with respect to such Common Area. 7.3. The rights hereby granted In accordance with usual and customary services provided in connection with similar leased property, Landlord, at its sole cost and expense, will operate, manage, repair and maintain the Common Area and all improvements thereon in commercially acceptable first class condition and repair suitable for occupants of commercial office space, including making replacements where necessary, and in compliance with all applicable laws and governmental regulations. Landlord will, from time to time, promulgate rules and regulations governing the use of the Common Area. Except as specifically provided otherwise herein (including, without limitation, those Tenant obligations set forth in subparagraphs 3.2, 7.5, 12.1, and 12.3), Landlord will, with respect to the Common Areas shall run with Area, pay and bind be responsible for: (a) supervision, management, inspection, security protection and traffic direction; (b) utilities, including but not limited to, lighting, heating and removing rubbish (excluding Tenant’s garbage and rubbish), dirt and debris; (c) removing snow and ice; (d) window cleaning and replacement, to include the Shopping Center and the land on which it is located, shall be binding upon Landlord and Landlord's successors in title to regular washing of all or any part exterior Building windows of the Shopping CenterDemised Premises and elsewhere on the Building; (e) maintenance of HVAC, electrical and shall constitute an irrevocableplumbing systems and elevators; (f) labor, nonexclusive easement appurtenant to the Premises for the benefit ofpayroll taxes, materials and shall be enforceable by, Tenant and its successors and assigns throughout the Term. 9.3 Unless required by law, Landlord shall not alter the size or location of curb cuts or private drives that provide access to the Shopping Center without providing reasonably equivalent access nor reduce parking ratios within the Shopping Center below that required by Article 16, without the prior written consent of Tenant. Landlord may designate portions of the Common Areas as parking spaces for employees of occupants of the Shopping Center, subject to the prior written approval of Tenant, which consent shall not be withheld if such employee parking located within the No Build Area is located in the row of parking bordering Xxxxxxx Avenue. 9.4 Landlord shall not provide for or knowingly permit the use of the Common Areas by any person or legal entity other than as set forth in Paragraph 9.2. 9.5 Tenant shall not be required to pay its Proportionate Share of any expenses (including Real Property Taxes and Assessments, CAM Expenses or costs of insurance) relating to any land added to the Shopping Center until such land is improved with a building or buildings and such land directly benefits the Shopping Center. 9.6 Landlord shall keep and maintain the Common Areas in good condition and repair in a manner consistent with first class shopping centers of a similar size and nature. Such maintenance shall include repairing and replacing paving; keeping the Common Areas properly drained, free of snow, ice, water, rubbish and other obstructions, and in neat, clean, orderly and sanitary condition; keeping the Common Areas and such other areas suitably lighted during, and for appropriate periods before and after, Tenant's business hours; maintaining signs, markers, painted lines and other means and methods of pedestrian and vehicular traffic control; maintaining adequate roadways, entrances and exits; and maintaining any plantings and landscaped areas. 9.7 Tenant agrees to reimburse Landlord for Tenant's Proportionate Share of all reasonable expenses incurred directly supplies in connection with the maintenance, repair and operation of the Common Areas ("CAM EXPENSES"). CAM Expenses shall be limited by the terms of Paragraphs 9.8 and 9.9 and the other provisions hereunder. CAM Expenses may include an administrative fee equal to ten (10%) percent of the total of all other expenses included within CAM Expenses hereunder (excluding, however, any and all insurance, taxes and capital expenditures included therein). CAM Expenses invoiced to the Tenant shall identify the nature of each CAM Expense and Tenant's Proportionate Share of such CAM Expense. Tenant shall reimburse Landlord its Proportionate Share of the CAM Expenses within thirty (30) days of its receipt of Landlord's invoice. Alternatively, Landlord may, prior to the Rent Commencement Date or the beginning of any subsequent calendar year, provide Tenant a written estimate of the CAM Expenses for the calendar year and Tenant shall pay one-twelfth (1/12th) of such estimate as Additional Rent with each payment of Fixed Rent during such calendar year. Within sixty (60) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total CAM Expenses, Tenant's Proportionate Share of such CAM Expenses (prorated for any partial calendar year) and the total of the monthly payments made by Tenant to Landlord during such calendar year. Such statement shall be certified by Landlord as being correct. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such-statement, and Tenant shall pay to Landlord any underpayment for such year with Tenant's next succeeding CAM Expense payment. Landlord shall keep good and accurate books and records for a period of three (3) years in accordance with generally accepted accounting principles concerning the operation, maintenance and repair of the Common Areas, and Tenant and its agents shall have the right, upon ten (10) days' notice, not more often than once per year, to audit, inspect and copy such books and records at Landlord's principal place of business. If any statement of CAM Expenses previously furnished to Tenant shall be greater than one hundred three percent (103%) of the actual CAM Expenses shown by such audit, Landlord shall immediately pay Tenant's reasonable out-of-pocket costs of such audit for the period audited. In any event, Landlord shall promptly pay Tenant all CAM Expenses shown by such audit to be overpaid by Tenant and Tenant shall promptly pay Landlord all CAM Expenses shown by such audit to be underpaid by Tenant. 9.8 CAM Expenses shall exclude expenses due to: (i) capital improvementsoperation; (ii) repairs and replacements, which under sound accounting principles and practices should be classified as capital expenditures; (iii) painting, redecorating or other work that Landlord performs for any other tenant or prospective tenant of the Shopping Center (as compared to periodic repainting of the Building not to exceed once every five (5) years for the benefit of the Premises which may be included within CAM Expenses); (iv) repairs or other work (including rebuilding) occasioned by fire, windstorm or other casualty or by condemnation; (v) any costs that are separately charged to and payable by tenants or for which Landlord is compensated by insurance proceeds or warranties; (vi) leasing commissions and expenses of procuring tenants, including lease concessions and lease take-over obligations; (vii) depreciation, except depreciation of equipment used exclusively for the maintenance of the Shopping Center; (viii) interest on and amortization of debt; (ix) taxes of any nature, including Real Estate Taxes and Assessments (payment of which is specifically addressed in Article 8 above) and interest and penalties for late payment of taxes (unless caused by Tenant's late payment of its Proportionate Share of taxes); (x) rent payable under any lease to which this Lease is subject; (xi) off-premises supervisory personnel or property managers; (xii) costs and expenses of enforcing leases against tenants, including legal fees; (xiii) managing agents' commissions or fees, however characterized; (xiv) expenses resulting from any violation by Landlord of the terms of any lease of space in the Shopping Center or of any ground or underlying lease or any mortgage; (xv) the repair of any part of the Common Areas that was inadequately designed or defectively constructed; (xvi) Landlord's maintenance or repair description as required pursuant to Article 10; (xvii) insurance (payment of which is specifically addressed in Article 21); (xviii) expenses for vacant or vacated space, including utility, security and renovating costs for such space; (xixg) all costs and expenses associated of landscape maintenance and supplies incidental thereto, painting, and cleaning, sealing, replacing and remarking paved and unpaved surfaces, curbs, directional and other signs for access areas and driveways, landscaping, lighting facilities, drainage and other similar items, and all costs for tools, machinery and equipment used in connection with Environmental Clean-up Work the above; (hereinafter definedh) except if caused or permitted by Tenantall premiums on workmen’s compensation, its employeescasualty, agentspublic liability, contractors or inviteesproperty damage and other insurance on the Common Area; and (xxi) any costs all taxes and expenses associated with Landlord's compliance with Legal Requirements pursuant other charges levied or assessed against the Common Area, the Land and the Building. 7.4. Subject to Paragraph 7.3 above; the rules and (xxi) parking lot resurfacing regulations described in subparagraphs 4.2 and restriping during 7.2, the first three (3) Lease Years; provided, however, that CAM Expenses may include Common Area is reserved for the annual amortized cost to replace exclusive use of Landlord and the parking lot within the Shopping Center if replaced after the initial term tenants of the LeaseBuilding (including Tenant), such amortization to be based upon the useful life of the parking lot (based on generally accepted accounting principles)their employees and business guests. 9.9 Notwithstanding 7.5. Landlord will provide limited security services during Normal Operating Hours as hereinafter defined. To the foregoingextent that Landlord or Tenant, Tenant's Proportionate Share and their agents or employees have acted with reasonable prudence with respect to security, neither party will have any liability to the other for loss or damage suffered by the other as a result of CAM Expenses unauthorized entrances by persons into the Building or the Common Area or for the first full calendar year during the Term shall not exceed $7,500. After such first full calendar year and through and including the fifth (5th) full calendar year during the term, Tenant's Proportionate Share of CAM Expenses shall not exceed one hundred five percent (105%) of the CAM Expenses paid by Tenant for the preceding calendar yearany other security violation.

Common Area. 9.1 The (1) Lessor shall substantially complete the Common Areas of Area prior to the Shopping Center shall consist of all portions of the Shopping Center which Commencement Date. Lessor shall not be occupied by buildings leased materially change or held for lease, as more specifically depicted on EXHIBIT B. The general term "COMMON AREAS" includes all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, corridors, elevators alter the dimensions and elevator shafts, stairwells, sidewalks, roadways, loading areas or appurtenances (unless the operation, repair and maintenance of a particular loading area or appurtenances is the responsibility of the tenant or tenants who have the use of same), service roads, lighting facilities (if used to illuminate the Common Areas), common heating, utility and ventilation facilities and utility, mechanical, telephone and electric rooms, drainage facilities, traffic control signs and fences. 9.2 Landlord hereby gives and grants to Tenant during the Term, for the benefit of Tenant and Tenant's subtenants, licensees and concessionaires, and their respective employees, contractors, customers, invitees and deliverymen, the right to use all location of the Common Areas, in common with Landlord and all other tenants and occupants of the Shopping Center and their respective employees, contractors, agents, assigns, customers, invitees and deliverymen. The rights hereby granted with respect to the Common Areas shall run with and bind the Shopping Center and the land on which it is located, shall be binding upon Landlord and Landlord's successors in title to all or any part of the Shopping Center, and shall constitute an irrevocable, nonexclusive easement appurtenant to the Premises for the benefit of, and shall be enforceable by, Tenant and its successors and assigns throughout the Term. 9.3 Unless required by law, Landlord shall not alter the size or location of curb cuts or private drives that provide access to the Shopping Center without providing reasonably equivalent access nor reduce parking ratios within the Shopping Center below that required by Article 16, Area without the prior written consent of TenantLessee. Landlord No public telephones, newspaper machines, vending machines, signage, kiosks, outdoor selling areas (whether seasonal or permanent) or other obstruction shall be permitted on the Common Area, except as may be otherwise expressly set forth in this Lease. Lessor reserves the right to designate portions certain parts of the Common Areas Area as parking spaces Quasi Common Area for employees of occupants of the Shopping Center, subject to the prior written approval of Tenant, which consent shall not be withheld if such employee parking located within the No Build Area is located in the row of parking bordering Xxxxxxx Avenue. 9.4 Landlord shall not provide for or knowingly permit the use of the Common Areas by any person or legal entity other than specific tenants such as set forth in Paragraph 9.2. 9.5 Tenant shall not be required to pay its Proportionate Share of any expenses (including Real Property Taxes and Assessments, CAM Expenses or costs of insurance) relating to any land added to the Shopping Center until such land is improved with a building or buildings and such land directly benefits the Shopping Center. 9.6 Landlord shall keep and maintain the Common Areas in good condition and repair in a manner consistent with first class shopping centers of a similar size and nature. Such maintenance shall include repairing and replacing paving; keeping the Common Areas properly drained, free of snow, ice, water, rubbish and other obstructions, and in neat, clean, orderly and sanitary condition; keeping the Common Areas and such other areas suitably lighted during, and for appropriate periods before and after, Tenant's business hours; maintaining signs, markers, painted lines and other means and methods of pedestrian and vehicular traffic control; maintaining adequate roadways, entrances and exits; and maintaining any plantings and landscaped designated parking areas. 9.7 Tenant agrees to reimburse Landlord for Tenant's Proportionate Share of all reasonable expenses incurred directly in connection with the maintenance, repair and operation of the Common Areas ("CAM EXPENSES"). CAM Expenses shall be limited by the terms of Paragraphs 9.8 and 9.9 and the other provisions hereunder. CAM Expenses may include an administrative fee equal to ten (10%2) percent of the total of all other expenses included within CAM Expenses hereunder (excluding, however, any and all insurance, taxes and capital expenditures included therein). CAM Expenses invoiced to the Tenant shall identify the nature of each CAM Expense and Tenant's Proportionate Share of such CAM Expense. Tenant shall reimburse Landlord its Proportionate Share of the CAM Expenses within thirty (30) days of its receipt of Landlord's invoice. Alternatively, Landlord may, prior to the Rent Commencement Date or the beginning of any subsequent calendar year, provide Tenant a written estimate of the CAM Expenses for the calendar year and Tenant shall pay one-twelfth (1/12th) of such estimate as Additional Rent with each payment of Fixed Rent during such calendar year. Within sixty (60) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total CAM Expenses, Tenant's Proportionate Share of such CAM Expenses (prorated for any partial calendar year) and the total of the monthly payments made by Tenant to Landlord during such calendar year. Such statement shall be certified by Landlord as being correct. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such-statementLessee, and Tenant shall pay to Landlord any underpayment for such year with Tenant's next succeeding CAM Expense payment. Landlord shall keep good its employees, customers, subtenants, licensees and accurate books and records for a period of three (3) years in accordance with generally accepted accounting principles concerning the operation, maintenance and repair of the Common Areas, and Tenant and its agents concessionaires shall have the rightnonexclusive right to use the Common Area, upon ten (10) days' noticesuch use to be in common with Lessor, not more often than once per year, to audit, inspect and copy such books and records at Landlord's principal place of business. If any statement of CAM Expenses previously furnished to Tenant shall be greater than one hundred three percent (103%) other tenants of the actual CAM Expenses shown Building, and other persons entitled to use the same by virtue of Lessor's express permission, and subject to such auditreasonable rules and regulations governing use as Lessor may, Landlord from time to time, prescribe. Lessee shall immediately pay Tenant's reasonable out-of-pocket costs 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 such audit for other persons to use the period auditedCommon Area. In any event, Landlord Lessor shall promptly pay Tenant all CAM Expenses shown by such audit to be overpaid by Tenant require similar agreements and Tenant shall promptly pay Landlord all CAM Expenses shown by such audit to be underpaid by Tenant. 9.8 CAM Expenses shall exclude expenses due to: (i) capital improvements; (ii) repairs and replacements, which under sound accounting principles and practices should be classified as capital expenditures; (iii) painting, redecorating or other work that Landlord performs for standards from any other tenant or prospective tenant of the Shopping Center (as compared to periodic repainting of the Building not to exceed once every five (5) years for the benefit of the Premises which may be included within CAM Expenses); (iv) repairs or other work (including rebuilding) occasioned by fire, windstorm or other casualty or by condemnation; (v) any costs that are separately charged to and payable by tenants or for which Landlord is compensated by insurance proceeds or warranties; (vi) leasing commissions and expenses of procuring tenants, including lease concessions and lease take-over obligations; (vii) depreciation, except depreciation of equipment used exclusively for the maintenance of the Shopping Center; (viii) interest on and amortization of debt; (ix) taxes of any nature, including Real Estate Taxes and Assessments (payment of which is specifically addressed in Article 8 above) and interest and penalties for late payment of taxes (unless caused by Tenant's late payment of its Proportionate Share of taxes); (x) rent payable under any lease to which this Lease is subject; (xi) off-premises supervisory personnel or property managers; (xii) costs and expenses of enforcing leases against tenants, including legal fees; (xiii) managing agents' commissions or fees, however characterized; (xiv) expenses resulting from any violation by Landlord of the terms of any lease of space in the Shopping Center or of any ground or underlying lease or any mortgage; (xv) the repair of Building. Lessor may temporarily close any part of the Common Areas that was inadequately designed or defectively constructed; (xvi) Landlord's maintenance or repair description as required pursuant to Article 10; (xvii) insurance (payment of which is specifically addressed in Article 21); (xviii) expenses for vacant or vacated space, including utility, security and renovating costs Area for such spaceperiods of time as may be reasonably necessary to make repairs or alterations to the Common Area or the Building; provided that such closure shall not adversely affect, reduce or restrict Lessee's parking or access to the Building. (xix3) all costs As part of the Site Plan approval process, Lessor and expenses associated with Environmental Clean-up Work (hereinafter defined) except if caused or permitted Lessee shall agree to specific exclusive designated areas in which automobiles owned by TenantLessee, its employees, agentssubtenants, contractors or invitees; licensees and (xx) any costs concessionaires shall be parked, and expenses associated with Landlord's compliance with Legal Requirements pursuant Lessee shall use reasonable efforts to Paragraph 7.3 above; see that such automobiles are parked in such areas. Upon request, Lessee shall furnish to Lessor a complete list of the license numbers of all automobiles operated by Lessee, its employees, and (xxi) parking lot resurfacing and restriping during the first three (3) Lease Years; provided, however, that CAM Expenses may include the annual amortized cost to replace subtenants. Lessor hereby designates the parking lot within spaces marked on the Shopping Center if replaced after Site Plan as "Lessee Exclusive Parking Area" as Quasi Common Area in favor of Lessee, and Lessee, its employees, subtenants, licensees and concessionaires shall have the initial term exclusive right to use such designated parking spaces. All remaining parking area in the Common Area other than Lessee's exclusive parking area shall be Quasi Common Area for the remaining tenants of the Building to be used as an exclusive parking area. (4) The Common Area shall be and remain under Lessor's sole operation and control, and Lessor shall adequately maintain and repair the same utilizing the funds described hereafter. As used in this Lease, the term "common area costs" shall mean the total of all items of expense relating to operating, managing, equipping, policing and protecting (if Lessor so elects), repainting, repairing, replacing, and maintaining the Common Area in the same condition as when originally installed (normal wear and tear excepted, and excluding items of a capital nature such amortization to be based upon as the useful life replacement or repair of utility lines, or the replacement of the parking lot lot), and the cost of painting the readily visible portions of the exterior walls of the Building (based exclusive of structural repairs and/or refurbishments). Such common area costs shall also include, removal of rubbish, dirt, and debris not generated by a tenant pursuant to the use of its lease space (Lessor will not place trash receptacles on generally accepted accounting principles). 9.9 Notwithstanding the foregoing, Tenant's Proportionate Share of CAM Expenses Property for the first full calendar year during use of the Term shall tenants and each tenant, including, Lessee, will be responsible for engaging the services of a waste disposal company to provide a trash receptacle and to remove the contents of the trash receptacle on a regular schedule); costs of planting, replanting, and replacing flowers and landscaping, and supplies required therefor; costs of painting any of the foregoing items and striping the parking lot; all costs of utilities used in connection the maintenance of the Common Area; all costs of maintaining speed ramps (if any), lighting facilities which are not separately metered to Tenant, and storm drainage systems; all premiums for liability and property damage insurance as provided herein; ad valorem taxes on the Property and Building as provided herein; and management fees not to exceed $7,500. After such first full calendar year and through and including the fifth (5th) full calendar year during the term, Tenant's Proportionate Share of CAM Expenses shall not exceed one hundred five two percent (1052%) of the CAM Expenses paid by Tenant for the preceding calendar yearBase Rent.

Common Area. 9.1 The Common Areas of the Shopping Center shall consist of all portions of the Shopping Center which shall not be occupied by buildings leased or held for lease, as more specifically depicted on EXHIBIT B. The general term "COMMON AREAS" includes all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, corridors, elevators and elevator shafts, stairwells, sidewalks, roadways, loading areas or appurtenances (unless the operation, repair and maintenance of a particular loading area or appurtenances is the responsibility of the tenant or tenants who have the use of same), service roads, lighting facilities A) Subject to subparagraph (if used to illuminate the Common Areas), common heating, utility and ventilation facilities and utility, mechanical, telephone and electric rooms, drainage facilities, traffic control signs and fences. 9.2 Landlord hereby gives and grants to Tenant during the Term, for the benefit of Tenant and Tenant's subtenants, licensees and concessionaires, and their respective employees, contractors, customers, invitees and deliverymen, the right to use all of the Common Areas, in common with Landlord and all other tenants and occupants of the Shopping Center and their respective employees, contractors, agents, assigns, customers, invitees and deliverymen. The rights hereby granted with respect to the Common Areas shall run with and bind the Shopping Center and the land on which it is located, shall be binding upon Landlord and Landlord's successors in title to all or any part of the Shopping Center, and shall constitute an irrevocable, nonexclusive easement appurtenant to the Premises for the benefit of, and shall be enforceable byC) below, Tenant and its successors employees, agents, and assigns throughout customers shall have the Term. 9.3 Unless required by law, Landlord shall not alter the size or location of curb cuts or private drives that provide access non-exclusive right to the Shopping Center without providing reasonably equivalent access nor reduce parking ratios within the Shopping Center below that required by Article 16, without the prior written consent of Tenant. Landlord may designate portions use or benefit of the Common Areas as parking spaces for employees of occupants of the Shopping Center, subject Area to the prior written approval of Tenant, which consent shall not be withheld if such employee parking located within the No Build Area is located extent and in the row of parking bordering Xxxxxxx Avenue. 9.4 manner reasonably designated by Landlord. Except as otherwise specified in this Lease, Landlord shall not provide for or knowingly permit the use of agrees to make all necessary repairs and maintenance to the Common Areas by any person or legal entity other than as set forth in Paragraph 9.2. 9.5 Tenant shall not be required Area to pay its Proportionate Share of any expenses (including Real Property Taxes and Assessments, CAM Expenses or costs of insurance) relating to any land added to the Shopping Center until such land is improved with a building or buildings and such land directly benefits the Shopping Center. 9.6 Landlord shall keep and maintain the Common Areas same in good condition condition, including without limitation sweeping and repair in a manner consistent with first class shopping centers of a similar size and nature. Such maintenance shall include repairing and replacing paving; keeping the Common Areas properly drained, free removal of snow, ice, water, rubbish ice and other obstructionsrefuse, and in neat, clean, orderly and sanitary condition; keeping the Common Areas and such other areas suitably lighted during, and for appropriate periods before and after, Tenant's business hours; maintaining signs, markers, painted lines and other means and methods of pedestrian and vehicular traffic control; maintaining adequate roadways, entrances and exits; and maintaining any plantings and landscaped areaslandscaping maintenance. 9.7 Tenant agrees to reimburse Landlord for Tenant's Proportionate Share (B) “Common Area” is hereby defined as the areas, equipment and facilities of all reasonable expenses incurred directly in connection with the maintenance, repair and operation of the Common Areas ("CAM EXPENSES"). CAM Expenses shall be limited by the terms of Paragraphs 9.8 and 9.9 and the other provisions hereunder. CAM Expenses may include an administrative fee equal to ten (10%) percent of the total of all other expenses included within CAM Expenses hereunder (excluding, however, any and all insurance, taxes and capital expenditures included therein). CAM Expenses invoiced to the Tenant shall identify the nature of each CAM Expense and Tenant's Proportionate Share of such CAM Expense. Tenant shall reimburse Landlord its Proportionate Share of the CAM Expenses within thirty (30) days of its receipt of Landlord's invoice. Alternatively, Landlord may, prior to the Rent Commencement Date or the beginning of any subsequent calendar year, provide Tenant a written estimate of the CAM Expenses for the calendar year and Tenant shall pay one-twelfth (1/12th) of such estimate as Additional Rent with each payment of Fixed Rent during such calendar year. Within sixty (60) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total CAM Expenses, Tenant's Proportionate Share of such CAM Expenses (prorated for any partial calendar year) and the total of the monthly payments made by Tenant to Landlord during such calendar year. Such statement shall be certified by Landlord as being correct. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such-statement, and Tenant shall pay to Landlord any underpayment for such year with Tenant's next succeeding CAM Expense payment. Landlord shall keep good and accurate books and records for a period of three (3) years in accordance with generally accepted accounting principles concerning the operation, maintenance and repair of the Common Areas, and Tenant and its agents shall have the right, upon ten (10) days' notice, not more often than once per year, to audit, inspect and copy such books and records at Landlord's principal place of business. If any statement of CAM Expenses previously furnished to Tenant shall be greater than one hundred three percent (103%) of the actual CAM Expenses shown by such audit, Landlord shall immediately pay Tenant's reasonable out-of-pocket costs of such audit for the period audited. In any event, Landlord shall promptly pay Tenant all CAM Expenses shown by such audit to be overpaid by Tenant and Tenant shall promptly pay Landlord all CAM Expenses shown by such audit to be underpaid by Tenant. 9.8 CAM Expenses shall exclude expenses due to: (i) capital improvements; (ii) repairs and replacements, which under sound accounting principles and practices should be classified as capital expenditures; (iii) painting, redecorating or other work that Landlord performs for any other tenant or prospective tenant of the Shopping Center (as compared to periodic repainting of the Building not to exceed once every five (5) years for the benefit of the Premises which may be included within CAM Expenses); (iv) repairs or other work (including rebuilding) occasioned by fire, windstorm or other casualty or by condemnation; (v) any costs that are separately charged to and payable by tenants or for which Landlord is compensated by insurance proceeds or warranties; (vi) leasing commissions and expenses of procuring tenants, including lease concessions and lease take-over obligations; (vii) depreciation, except depreciation of equipment used exclusively for the maintenance of the Shopping Center; (viii) interest on and amortization of debt; (ix) taxes of any nature, including Real Estate Taxes and Assessments (payment of which is specifically addressed in Article 8 above) and interest and penalties for late payment of taxes (unless caused by Tenant's late payment of its Proportionate Share of taxes); (x) rent payable under any lease to which this Lease is subject; (xi) off-premises supervisory personnel or property managers; (xii) costs and expenses of enforcing leases against tenants, including legal fees; (xiii) managing agents' commissions or fees, however characterized; (xiv) expenses resulting from any violation by Landlord of the terms of any lease of space in the Shopping Center or of any ground other land or underlying lease property made available by Landlord for the safety, benefit or convenience of tenants or their employees, subtenants, customers or invitees, including (as illustrations and not in limitation): parking areas, driveways, truck serviceways, sidewalks and curbs; entrances and exits from the adjacent streets; traffic lights, traffic islands, landscaped areas; meter rooms outside individual stores; fencing; lighting facilities; sprinkler system serving landscaped areas or buildings; sewage system outside tenants’ stores; roofs, gutters and downspouts and the exterior of outside walls (excluding storefronts) of buildings (without implying Tenant may use the roofs or outside walls); directional or safety signs; Landlords pylon signs (but not individual tenant panels) and sign panels which identify the Shopping Center. Tenant acknowledges that the Common Area may also be used by occupants and/or invitees of properties adjoining the Shopping Center, whether or not owned, leased or managed by Landlord. (C) Landlord reserves the right at any mortgagetime and from time to time to change or reduce or add to the Common Area. Common Area shall be under the exclusive control and management of Landlord (including the hours that parking area lights are kept on). Tenant and its employees shall park their vehicles only in areas Landlord designates for employee parking; if after one (xv1) violation notice is given to Tenant a violation recurs by Tenant or its employees parking vehicles in other than the repair employee parking areas, Landlord shall have the right to tow such vehicle at Tenant’s expense and/or levy an assessment against Tenant of any part Forty ($40.00) Dollars per day for each vehicle. Tenant shall not permit trucks or delivery vehicles used by it to be parked in the Common Area except where Landlord permits. Landlord may impose parking charges by meter or otherwise, and may close parts of the Common Areas that was inadequately designed or defectively constructed; (xvi) Landlord's maintenance or repair description as required pursuant to Article 10; (xvii) insurance (payment of which is specifically addressed in Article 21); (xviii) expenses for vacant or vacated space, including utility, security and renovating costs Area for such space; (xix) all costs and expenses associated with Environmental Cleantime necessary in its opinion to prevent a dedication or accrual of rights in other persons, or to discourage non-up Work (hereinafter defined) except if caused or permitted by Tenant, its employees, agents, contractors or invitees; and (xx) any costs and expenses associated with Landlord's compliance with Legal Requirements pursuant to Paragraph 7.3 above; and (xxi) parking lot resurfacing and restriping during the first three (3) Lease Years; provided, however, that CAM Expenses may include the annual amortized cost to replace the parking lot within the Shopping Center if replaced after the initial term of the Lease, such amortization to be based upon the useful life of the parking lot (based on generally accepted accounting principles). 9.9 Notwithstanding the foregoing, Tenant's Proportionate Share of CAM Expenses for the first full calendar year during the Term customer parking. Landlord shall not exceed $7,500. After such first full calendar year and through and including be obligated (although it may do so at its option) to keep the fifth (5th) full calendar year during the term, Tenant's Proportionate Share of CAM Expenses shall not exceed one hundred five percent (105%) of the CAM Expenses paid by Tenant for the preceding calendar yearCommon Area illuminated to any extent after 10:00 P.M. or on any Sunday or legal holiday.

Common Area. 9.1 a. The “Common Areas of Area” is the entire area within the Shopping Center shall consist of all portions of the Shopping Center which shall that is not be occupied by buildings leased or held available for lease and is not part of a limited common element allocated to an area that is leased or available for lease, as more specifically depicted on EXHIBIT B. The general term "COMMON AREAS" includes all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, corridors, elevators and elevator shafts, stairwells, sidewalks, roadways, loading areas or appurtenances (unless the operation, repair and maintenance of a particular loading area or appurtenances is the responsibility of the tenant or tenants who have the use of same), service roads, lighting facilities (if used to illuminate the Common Areas), common heating, utility and ventilation facilities and utility, mechanical, telephone and electric rooms, drainage facilities, traffic control signs and fences. 9.2 Landlord hereby gives and grants to Tenant during the Term, for the benefit of Tenant and Tenant's subtenants, licensees and concessionaires, and their respective employees, contractors, customers, invitees and deliverymen, the right to use all of the Common Areas, in common with Landlord and all other tenants and occupants of the Shopping Center and their respective employees, contractors, agents, assigns, customers, invitees and deliverymen. The rights hereby granted with respect to the Common Areas shall run with and bind the Shopping Center and the land on which it is locatedArea includes, shall be binding upon Landlord and Landlord's successors in title to without limitation, all or any part structural components of the Shopping Center, and shall constitute an irrevocable, nonexclusive easement appurtenant to the Premises for the benefit of, and shall be enforceable by, Tenant and its successors and assigns throughout the Term. 9.3 Unless required by law, Landlord shall not alter the size or location of curb cuts or private drives that provide access to all facilities in the Shopping Center without providing reasonably equivalent access nor reduce that are intended for common use by all tenants, and their customers, invitees and employees, which Common Area also includes, but is not limited to driveways, driving lanes, parking ratios within areas, lighting, service areas, pylons, signs, sidewalks and landscaping. b. Tenant and Tenant’s invitees, customers and employees shall have the Shopping Center below that required nonexclusive right to use the Common Area in common with Landlord, and all other tenants of the Retail Portion and their permitted occupants, and their respective invitees, customers and employees for the use and purposes designated by Article 16, without Landlord. c. The Common Area shall be under the prior written consent exclusive management and control of TenantLandlord or Landlord’s agent. The manner of operation and the expenditures therefore shall be in Landlord’s discretion. Landlord may designate shall have the right to designate, relocate and limit the use of particular areas or portions of the Common Areas Area for the efficient management, operation, maintenance and use thereof, and Tenant shall comply with these restrictions, so long as parking spaces Tenant’s right to use the Property is not materially adversely affected. Landlord 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 provisions of the Lease, Landlord shall maintain the Common Area in good repair, including establishing (to the extent deemed necessary by Landlord) reserves for employees and making replacements when and where necessary. “Common Area Expenses” shall include all costs and expenses incurred by Landlord for the operation, maintenance, repair and replacement of occupants the Common Area and for the management of the Shopping Center, subject to the prior written approval including without limitation expenses for: (i) property management fees for Shopping Center; (ii) cleaning, sweeping and janitorial services; (iii) removal of Tenant, which consent shall not be withheld if such employee parking located within the No Build Area is located in the row of parking bordering Xxxxxxx Avenue. 9.4 Landlord shall not provide for or knowingly permit the use of the Common Areas by any person or legal entity other than as set forth in Paragraph 9.2. 9.5 Tenant shall not be required to pay its Proportionate Share of any expenses rubbish; (iv) snow and ice removal’; (v) labor (including Real Property Taxes payment of wages, benefits and Assessments, CAM Expenses or costs of insurancepayroll taxes) relating to any land added to the Shopping Center until such land is improved with a building or buildings and such land directly benefits the Shopping Center. 9.6 Landlord shall keep and maintain the Common Areas in good condition Area; (vi), materials and repair in a manner consistent with first class shopping centers of a similar size and nature. Such maintenance shall include repairing and replacing paving; keeping the Common Areas properly drained, free of snow, ice, water, rubbish and other obstructions, and in neat, clean, orderly and sanitary condition; keeping the Common Areas and such other areas suitably lighted during, and for appropriate periods before and after, Tenant's business hours; maintaining signs, markers, painted lines and other means and methods of pedestrian and vehicular traffic control; maintaining adequate roadways, entrances and exits; and maintaining any plantings and landscaped areas. 9.7 Tenant agrees to reimburse Landlord for Tenant's Proportionate Share of all reasonable expenses incurred directly supplies in connection with the maintenance, repair operation and operation maintenance of the Common Areas ("CAM EXPENSES"). CAM Expenses shall be limited by the terms of Paragraphs 9.8 and 9.9 and the other provisions hereunder. CAM Expenses may include an administrative fee equal to ten (10%) percent of the total of all other expenses included within CAM Expenses hereunder (excluding, however, any and all insurance, taxes and capital expenditures included therein). CAM Expenses invoiced to the Tenant shall identify the nature of each CAM Expense and Tenant's Proportionate Share of such CAM Expense. Tenant shall reimburse Landlord its Proportionate Share of the CAM Expenses within thirty (30) days of its receipt of Landlord's invoice. Alternatively, Landlord may, prior to the Rent Commencement Date or the beginning of any subsequent calendar year, provide Tenant a written estimate of the CAM Expenses for the calendar year and Tenant shall pay one-twelfth (1/12th) of such estimate as Additional Rent with each payment of Fixed Rent during such calendar year. Within sixty (60) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total CAM Expenses, Tenant's Proportionate Share of such CAM Expenses (prorated for any partial calendar year) and the total of the monthly payments made by Tenant to Landlord during such calendar year. Such statement shall be certified by Landlord as being correct. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such-statement, and Tenant shall pay to Landlord any underpayment for such year with Tenant's next succeeding CAM Expense payment. Landlord shall keep good and accurate books and records for a period of three (3) years in accordance with generally accepted accounting principles concerning the operation, maintenance and repair of the Common Areas, and Tenant and its agents shall have the right, upon ten (10) days' notice, not more often than once per year, to audit, inspect and copy such books and records at Landlord's principal place of business. If any statement of CAM Expenses previously furnished to Tenant shall be greater than one hundred three percent (103%) of the actual CAM Expenses shown by such audit, Landlord shall immediately pay Tenant's reasonable out-of-pocket costs of such audit for the period audited. In any event, Landlord shall promptly pay Tenant all CAM Expenses shown by such audit to be overpaid by Tenant and Tenant shall promptly pay Landlord all CAM Expenses shown by such audit to be underpaid by Tenant. 9.8 CAM Expenses shall exclude expenses due to: (i) capital improvements; (ii) repairs and replacements, which under sound accounting principles and practices should be classified as capital expenditures; (iii) painting, redecorating or other work that Landlord performs for any other tenant or prospective tenant of the Shopping Center (as compared to periodic repainting of the Building not to exceed once every five (5) years for the benefit of the Premises which may be included within CAM Expenses); (iv) repairs or other work (including rebuilding) occasioned by fire, windstorm or other casualty or by condemnation; (v) any costs that are separately charged to and payable by tenants or for which Landlord is compensated by insurance proceeds or warranties; (vi) leasing commissions and expenses of procuring tenants, including lease concessions and lease take-over obligationsArea; (vii) depreciationproviding and maintaining utility systems and services, except depreciation including payment of equipment used exclusively sewer service fees; (viii) maintaining, repairing, reserving for replacement of and replacing all sidewalks, curbs, walkways and paved areas, as well as the maintenance roof and structural portions of the all portions of the Shopping Center; (viii) interest on and amortization of debt; (ix) taxes of any naturelandscaping, including Real Estate Taxes planting and Assessments (payment of which is specifically addressed in Article 8 above) and interest and penalties for late payment of taxes (unless caused by Tenant's late payment of its Proportionate Share of taxes)irrigation systems; (x) rent payable under any lease to which this Lease is subjectsigns; (xi) off-premises supervisory personnel or property managerstrash facilities, loading and delivery areas; (xii) costs lighting, drainage, and expenses of enforcing leases against tenants, including legal feesdirectional markers and bumpers; (xiii) managing agents' commissions or fees, however characterizedmaintaining and repairing security systems and alarms; (xiv) expenses resulting from any violation payment of premiums for workers’ compensation insurance, commercial general liability insurance and casualty insurance maintained by Landlord of the terms of any lease of space in with respect to the Shopping Center or of Center, as well as any ground or underlying lease or deductible under any mortgage; insurance which Landlord pays in connection thereto;, (xv) the repair payment of any part of rental cost for or straight-line depreciation on tools, machinery and equipment used in connection with the Common Areas that was inadequately designed or defectively constructedArea; (xvi) Landlord's maintenance payment of all personal property taxes and assessments levied or repair description as required pursuant assessed against personal property located on or used to Article 10maintain the Common Area; (xvii) insurance (payment of which is specifically addressed in Article 21)any regulatory fee or surcharge or similar imposition imposed by governmental requirements; (xviii) expenses for vacant or vacated spacepayment of the cost of a security service and/or security system if Landlord determines that such security is necessary, including utilityservicing, security maintaining and renovating costs for such spacemonitoring any fire sprinkler system; (xix) all costs and expenses associated any alterations, additions, or improvements required to be made to the Common Area in order to comply with Environmental Clean-up Work (hereinafter defined) except if caused applicable laws, orders or permitted by Tenantregulation; and, its employees, agents, contractors or invitees; and (xx) any costs all other items necessary to keep the Common Area in a state of good sanitary condition and expenses associated with Landlord's compliance with Legal Requirements pursuant to Paragraph 7.3 above; and (xxi) parking lot resurfacing and restriping during the first three (3) Lease Years; provided, however, that CAM Expenses may include the annual amortized cost to replace the parking lot within the Shopping Center if replaced after the initial term of the Lease, such amortization to be based upon the useful life of the parking lot (based on generally accepted accounting principles)repair. 9.9 Notwithstanding the foregoing, Tenant's Proportionate Share of CAM Expenses for the first full calendar year during the Term shall not exceed $7,500. After such first full calendar year and through and including the fifth (5th) full calendar year during the term, Tenant's Proportionate Share of CAM Expenses shall not exceed one hundred five percent (105%) of the CAM Expenses paid by Tenant for the preceding calendar year.

Common Area. 9.1 5.1 The "Common Areas Area" is the part of the Shopping Center shall consist designated by Landlord from time to time for the common use of all portions Tenants, including among other facilities, hallways, parking lots, disposals, and other areas and improvements provided by Landlord for the common use of all Tenants, all of which shall be subject to Landlord's sole management and control and shall be operated and maintained in such manner as Landlord, in its discretion, shall determine. Landlord reserves the right to change from time to time the dimensions and location of the Shopping Center which shall not be occupied by buildings leased or held for leaseCommon Area as shown on Exhibit A, as more specifically depicted well as the location, dimensions, identity and type of any building shown on EXHIBIT B. The general term "COMMON AREAS" includes all parking areasExhibit A and to construct additional buildings or additional stories on existing buildings or other improvements in the Shopping Center, landscape areasand to eliminate buildings from the plan shown on Exhibit A, aisles, driveways, entrances, exits, walkways, corridors, elevators and elevator shafts, stairwells, sidewalks, roadways, loading areas or appurtenances (unless the operation, repair and maintenance of a particular loading area or appurtenances is the responsibility of the tenant or tenants who have the use of same), service roads, lighting facilities (if used to illuminate the Common Areas), common heating, utility and ventilation facilities and utility, mechanical, telephone and electric rooms, drainage facilities, traffic control signs and fences. 9.2 Landlord hereby gives and grants to Tenant during the Term, for the benefit of Tenant and provided such changes do not reasonably interfere with Tenant's business. Tenant, its employees, customers, subtenants, licensees and concessionaires, concessionaires shall have the nonexclusive right and their respective employees, contractors, customers, invitees and deliverymen, the right license to use all of the Common AreasArea as constituted from time to time, such use to be in common with Landlord and all Landlord, other tenants and occupants Tenants of the Shopping Center and their respective employees, contractors, agents, assigns, customers, invitees and deliverymen. The rights hereby granted with respect other persons permitted by Landlord to use the Common Areas shall run with and bind the Shopping Center and the land on which it is located, shall be binding upon Landlord and Landlord's successors in title to all or any part of the Shopping Centersame, and shall constitute an irrevocablesubject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe, nonexclusive easement appurtenant to including the Premises for the benefit of, and shall be enforceable by, Tenant and its successors and assigns throughout the Term. 9.3 Unless required by law, Landlord shall not alter the size or location designation of curb cuts or private drives that provide access to the Shopping Center without providing reasonably equivalent access nor reduce parking ratios specific areas within the Shopping Center below that required or in reasonable proximity thereto in which automobiles owned by Article 16Tenant, its employees, subtenants, licensees and concessionaires shall be parked. 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. 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 Tenantthe Landlord. Landlord may designate portions temporarily close any part of the Common Areas Area for such periods of time as may be necessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations. Landlord shall construct, at its sole cost and expense, a hard surface parking spaces area within the Shopping Center as shown on Exhibit A or in reasonable proximity thereto, it being expressly agreed, however, that in addition to the rights reserved to Landlord in Article 5, Section 5.1 above, Landlord may from time to time substitute for employees of occupants any parking area shown on Exhibit A other areas or parking facilities reasonably accessible to the Tenants of the Shopping Center, subject provided such substitutions do not unreasonably interfere with Tenant's business. Xxxxxx agrees to pay upon demand as additional rental, its proportionate share of the prior written approval cost of Tenant, which consent shall not be withheld if such employee parking located within the No Build Area is located in the row of parking bordering Xxxxxxx Avenue. 9.4 Landlord shall not provide for or knowingly permit the use operation and maintenance of the Common Areas Area which may be incurred by Landlord in its discretion. The Common Area Maintenance Charge includes, but is not limited to, the costs incurred for lighting, heating, air conditioning, water, sewerage, painting, cleaning, policing, inspecting, landscaping, repairing, replacing, guarding and protecting the Common Area of the shopping center. Also included in the Common Area Maintenance Charge is an allowance in the amount of three percent (3%) of the total Minimum Guaranteed Rental amount for the Landlord's overhead, administrative, and management costs. The Common Area Maintenance Charge also includes Tenant’s individual water bill, up to a reasonable amount as determined by Landlord, but does not include any person of Tenant’s other individual utility or legal entity other than as set forth in Paragraph 9.2. 9.5 expenses. The proportionate share to be paid by Tenant of the cost of operation and maintenance of the Common Area shall not be required computed on the ratio that the total area of the Demised Premises bears to pay its Proportionate Share the gross leasable area of any expenses (including Real Property Taxes and Assessments, CAM Expenses or costs of insurance) relating to any land added to buildings within the Shopping Center until such land is improved with a building or buildings and such land directly benefits the Shopping Center. 9.6 from time to time. Landlord shall keep make monthly or other periodic charges based upon the estimated annual cost of operation and maintain the Common Areas in good condition and repair in a manner consistent with first class shopping centers of a similar size and nature. Such maintenance shall include repairing and replacing paving; keeping the Common Areas properly drained, free of snow, ice, water, rubbish and other obstructions, and in neat, clean, orderly and sanitary condition; keeping the Common Areas and such other areas suitably lighted during, and for appropriate periods before and after, Tenant's business hours; maintaining signs, markers, painted lines and other means and methods of pedestrian and vehicular traffic control; maintaining adequate roadways, entrances and exits; and maintaining any plantings and landscaped areas. 9.7 Tenant agrees to reimburse Landlord for Tenant's Proportionate Share of all reasonable expenses incurred directly in connection with the maintenance, repair and operation of the Common Areas ("CAM EXPENSES"). CAM Expenses shall be limited by the terms of Paragraphs 9.8 and 9.9 and the other provisions hereunder. CAM Expenses may include an administrative fee equal Area, payable in advance but subject to ten (10%) percent of the total of all other expenses included within CAM Expenses hereunder (excluding, however, any and all insurance, taxes and capital expenditures included therein). CAM Expenses invoiced to the Tenant shall identify the nature of each CAM Expense and Tenant's Proportionate Share of such CAM Expense. Tenant shall reimburse Landlord its Proportionate Share of the CAM Expenses within thirty (30) days of its receipt of Landlord's invoice. Alternatively, Landlord may, prior to the Rent Commencement Date or the beginning of any subsequent calendar year, provide Tenant a written estimate of the CAM Expenses for the calendar year and Tenant shall pay one-twelfth (1/12th) of such estimate as Additional Rent with each payment of Fixed Rent during such calendar year. Within sixty (60) days adjustment after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total CAM Expenses, Tenant's Proportionate Share of such CAM Expenses (prorated for any partial calendar year) and year on the total of the monthly payments made by Tenant to Landlord during such calendar year. Such statement shall be certified by Landlord as being correct. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such-statement, and Tenant shall pay to Landlord any underpayment for such year with Tenant's next succeeding CAM Expense payment. Landlord shall keep good and accurate books and records for a period of three (3) years in accordance with generally accepted accounting principles concerning the operation, maintenance and repair of the Common Areas, and Tenant and its agents shall have the right, upon ten (10) days' notice, not more often than once per year, to audit, inspect and copy such books and records at Landlord's principal place of business. If any statement of CAM Expenses previously furnished to Tenant shall be greater than one hundred three percent (103%) basis of the actual CAM Expenses shown by cost for such audityear. Any such periodic charges shall be due and payable upon delivery of notice thereof. The Minimum Common Area Maintenance Charge, Landlord subject to adjustment as provided herein, shall immediately pay Tenant's reasonable out-of-pocket costs of such audit for the period audited. In any event, Landlord shall promptly pay Tenant all CAM Expenses shown by such audit to be overpaid by Tenant and Tenant shall promptly pay Landlord all CAM Expenses shown by such audit to be underpaid by Tenant. 9.8 CAM Expenses shall exclude expenses due to: (i) capital improvements; (ii) repairs and replacements, which under sound accounting principles and practices should be classified as capital expenditures; (iii) painting, redecorating or other work that Landlord performs for any other tenant or prospective tenant of the Shopping Center (as compared to periodic repainting of the Building not to exceed once every five (5) years for the benefit of the Premises which may be included within CAM Expenses); (iv) repairs or other work (including rebuilding) occasioned by fire, windstorm or other casualty or by condemnation; (v) any costs that are separately charged to and payable by tenants or for which Landlord is compensated by insurance proceeds or warranties; (vi) leasing commissions and expenses of procuring tenants, including lease concessions and lease take-over obligations; (vii) depreciation, except depreciation of equipment used exclusively for in the maintenance of the Shopping Center; (viii) interest on and amortization of debt; (ix) taxes of any nature, including Real Estate Taxes and Assessments (payment of which is specifically addressed amount set out in Article 8 above) and interest and penalties for late payment of taxes (unless caused by Tenant's late payment of its Proportionate Share of taxes); (x) rent payable under any lease to which this Lease is subject; (xi) off-premises supervisory personnel or property managers; (xii) costs and expenses of enforcing leases against tenantsI, including legal fees; (xiii) managing agents' commissions or fees, however characterized; (xiv) expenses resulting from any violation by Landlord of the terms of any lease of space in the Shopping Center or of any ground or underlying lease or any mortgage; (xv) the repair of any part of the Common Areas that was inadequately designed or defectively constructed; (xvi) Landlord's maintenance or repair description as required pursuant to Article 10; (xvii) insurance (payment of which is specifically addressed in Article 21); (xviii) expenses for vacant or vacated space, including utility, security and renovating costs for such space; (xix) all costs and expenses associated with Environmental Clean-up Work (hereinafter defined) except if caused or permitted by Tenant, its employees, agents, contractors or invitees; and (xx) any costs and expenses associated with Landlord's compliance with Legal Requirements pursuant to Paragraph 7.3 above; and (xxi) parking lot resurfacing and restriping during the first three (3) Lease Years; provided, however, that CAM Expenses may include the annual amortized cost to replace the parking lot within the Shopping Center if replaced after the initial term of the Lease, such amortization to be based upon the useful life of the parking lot (based on generally accepted accounting principlesSection 1.1(l). 9.9 Notwithstanding the foregoing, Tenant's Proportionate Share of CAM Expenses for the first full calendar year during the Term shall not exceed $7,500. After such first full calendar year and through and including the fifth (5th) full calendar year during the term, Tenant's Proportionate Share of CAM Expenses shall not exceed one hundred five percent (105%) of the CAM Expenses paid by Tenant for the preceding calendar year.

Common Area. 9.1 7.1 The Common Areas "COMMON AREA" is the part of the Shopping Center shall consist designated by Landlord from time to time for the common use of all portions tenants, including parking areas (including multi-level parking structures), sidewalks, landscaping, curbs, loading areas, private streets and alleys, lighting facilities, hallways, malls and restrooms, all of which are subject to Landlord's sole control. Landlord shall maintain the Common Area and keep it clean and free of snow and ice. Landlord may from time to time: change the dimensions and location of the Common Area, as well as the location, dimensions, identity and type of buildings; construct additional buildings or additional stories on existing buildings or other improvements in the Shopping Center; and eliminate buildings. Tenant and its employees, customers, subtenants, licensees and concessionaires shall have a non-exclusive license to use the Common Area in common with Landlord, other tenants of the Shopping Center and other persons permitted by Landlord to use the same. Landlord may promulgate and modify from time to time reasonable and nondiscriminatory rules and regulations for the safety, care or cleanliness of the Shopping Center which shall not be occupied complied with by buildings leased or held for lease, as more specifically depicted on EXHIBIT B. The general term "COMMON AREAS" includes all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, corridors, elevators and elevator shafts, stairwells, sidewalks, roadways, loading areas or appurtenances (unless the operation, repair and maintenance of a particular loading area or appurtenances is the responsibility of the tenant or tenants who have the use of same), service roads, lighting facilities (if used to illuminate the Common Areas), common heating, utility and ventilation facilities and utility, mechanical, telephone and electric rooms, drainage facilities, traffic control signs and fences. 9.2 Landlord hereby gives and grants to Tenant during the Term, for the benefit of Tenant and Tenant's subtenants, licensees and concessionaires, and their respective its employees, contractors, customers, invitees and deliverymen, the right to use all of the Common Areas, in common with Landlord and all other tenants and occupants of the Shopping Center and their respective employees, contractors, agents, assigns, customers, invitees visitors and deliverymeninvitees. The rights hereby granted with respect to the Common Areas shall run with and bind the Shopping Center and the land on which it is located, shall be binding upon Landlord and Landlord's successors in title to all or may temporarily close any part of the Shopping CenterCommon Area for such periods of time as may be reasonably necessary for construction, and shall constitute an irrevocablerepair or maintenance, nonexclusive easement appurtenant promotional activities or to prevent the Premises for the benefit of, and shall be enforceable by, Tenant and its successors and assigns throughout the Term. 9.3 Unless required by law, Landlord shall not alter the size public from obtaining prescriptive rights or location of curb cuts to make repairs or private drives that provide access to the Shopping Center without providing reasonably equivalent access nor reduce parking ratios within the Shopping Center below that required by Article 16, without the prior written consent of Tenantalterations. Landlord may designate portions of the Common Areas as parking spaces for areas in which Tenant's employees of occupants of the Shopping Center, subject to the prior written approval of Tenant, which consent shall not be withheld if such employee parking located within the No Build Area is located in the row of parking bordering Xxxxxxx Avenue. 9.4 Landlord shall not provide for or knowingly permit the use of the Common Areas by any person or legal entity other than as set forth in Paragraph 9.2. 9.5 Tenant shall not be required to pay its Proportionate Share of any expenses park (including Real Property Taxes and Assessments, CAM Expenses or costs of insurance) relating to any land added to which may be located off the Shopping Center until if Landlord provides a reasonable shuttle service), and Tenant shall cause its employees to park in such land is improved with a building areas. Landlord shall also have the right to designate office and residential parking areas. Landlord reserves the right to charge for use of any multi-level parking structures. 7.2 Landlord may from to time to time substitute for any parking area shown on EXHIBIT B other areas or buildings and such land directly benefits multi-level parking facilities reasonably accessible to the tenants of the Shopping Center. 9.6 7.3 Provided Tenant is not in default under this Lease beyond any applicable notice and cure period, Landlord shall keep and maintain the Common Areas in good condition and repair in a manner consistent with first class shopping centers of a similar size and nature. Such maintenance shall include repairing and replacing paving; keeping the Common Areas properly drained, free of snow, ice, water, rubbish and other obstructions, and in neat, clean, orderly and sanitary condition; keeping the Common Areas and such other areas suitably lighted during, and for appropriate periods before and after, Tenant's business hours; maintaining signs, markers, painted lines and other means and methods of pedestrian and vehicular traffic control; maintaining adequate roadways, entrances and exits; and maintaining any plantings and landscaped areas. 9.7 Tenant agrees to reimburse Landlord place a station for Tenant's Proportionate Share pick up and drop off of all reasonable expenses incurred directly vehicles in connection with the maintenance, repair and operation front of the Common Areas ("CAM EXPENSES"). CAM Expenses shall be limited by the terms of Paragraphs 9.8 and 9.9 and the other provisions hereunder. CAM Expenses may include an administrative fee equal to ten (10%) percent of the total of all other expenses included within CAM Expenses hereunder (excluding, however, any and all insurance, taxes and capital expenditures included therein). CAM Expenses invoiced to the Tenant shall identify the nature of each CAM Expense and Tenant's Proportionate Share of such CAM Expense. Tenant shall reimburse Landlord its Proportionate Share of the CAM Expenses within thirty (30) days of its receipt of Landlord's invoice. Alternatively, Landlord may, prior to the Rent Commencement Date or the beginning of any subsequent calendar year, provide Tenant a written estimate of the CAM Expenses Premises for the calendar year and Tenant shall pay one-twelfth (1/12th) of such estimate as Additional Rent with each payment of Fixed Rent during such calendar year. Within sixty (60) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total CAM Expenses, Tenant's Proportionate Share of such CAM Expenses (prorated for any partial calendar year) and the total of the monthly payments made by Tenant to Landlord during such calendar year. Such statement shall be certified by Landlord as being correct. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such-statement, and Tenant shall pay to Landlord any underpayment for such year with Tenant's next succeeding CAM Expense payment. Landlord shall keep good and accurate books and records for a period of three (3) years in accordance with generally accepted accounting principles concerning the operation, maintenance and repair of the Common Areas, and Tenant and its agents shall have the right, upon ten (10) days' notice, not more often than once per year, to audit, inspect and copy such books and records at Landlord's principal place of business. If any statement of CAM Expenses previously furnished to Tenant shall be greater than one hundred three percent (103%) of the actual CAM Expenses shown by such audit, Landlord shall immediately pay Tenant's reasonable out-of-pocket costs of such audit for the period audited. In any event, Landlord shall promptly pay Tenant all CAM Expenses shown by such audit to be overpaid by Tenant and Tenant shall promptly pay Landlord all CAM Expenses shown by such audit to be underpaid by Tenant. 9.8 CAM Expenses shall exclude expenses due to: (i) capital improvements; (ii) repairs and replacements, which under sound accounting principles and practices should be classified as capital expenditures; (iii) painting, redecorating or other work that Landlord performs for any other tenant or prospective tenant of parking valet system serving the Shopping Center (as compared and to periodic repainting of the Building not to exceed once every five (5) years for the benefit of the Premises which may be included within CAM Expenses); (iv) repairs or other work (including rebuilding) occasioned by fire, windstorm or other casualty or by condemnation; (v) any costs that are separately charged to and payable by tenants or for which Landlord is compensated by insurance proceeds or warranties; (vi) leasing commissions and expenses of procuring tenants, including lease concessions and lease take-over obligations; (vii) depreciation, except depreciation of equipment used exclusively for the maintenance of the Shopping Center; (viii) interest on and amortization of debt; (ix) taxes of any nature, including Real Estate Taxes and Assessments (payment of which is specifically addressed in Article 8 above) and interest and penalties for late payment of taxes (unless caused by Tenant's late payment of its Proportionate Share of taxes); (x) rent payable under any lease to which maintain service at this Lease is subject; (xi) off-premises supervisory personnel or property managers; (xii) costs and expenses of enforcing leases against tenants, including legal fees; (xiii) managing agents' commissions or fees, however characterized; (xiv) expenses resulting from any violation by Landlord of the terms of any lease of space in the Shopping Center or of any ground or underlying lease or any mortgage; (xv) the repair of any part of the Common Areas that was inadequately designed or defectively constructed; (xvi) Landlord's maintenance or repair description as required pursuant to Article 10; (xvii) insurance (payment of which is specifically addressed in Article 21); (xviii) expenses for vacant or vacated space, including utility, security and renovating costs for such space; (xix) all costs and expenses associated with Environmental Clean-up Work (hereinafter defined) except if caused or permitted by Tenant, its employees, agents, contractors or invitees; and (xx) any costs and expenses associated with Landlord's compliance with Legal Requirements pursuant to Paragraph 7.3 above; and (xxi) parking lot resurfacing and restriping during the first three (3) Lease Years; provided, however, that CAM Expenses may include the annual amortized cost to replace the parking lot within the Shopping Center if replaced after the initial term of the Lease, such amortization to be based upon the useful life of the parking lot (based on generally accepted accounting principles). 9.9 Notwithstanding the foregoing, Tenant's Proportionate Share of CAM Expenses for the first full calendar year station during the Term shall not exceed $7,500. After such first full calendar year and through and including of the fifth (5th) full calendar year Lease during the term, Tenant's Proportionate Share of CAM Expenses shall not exceed one hundred five percent (105%) of hours Tenant is open for business to the CAM Expenses paid by Tenant for the preceding calendar yearpublic.

Common Area. 9.1 The Common Areas of the Shopping Center Areas" shall consist of mean all portions of the Shopping Center which shall not be occupied by buildings leased or held for lease, as more specifically depicted on EXHIBIT B. The general term "COMMON AREAS" includes all parking areas, landscape areasspaces, aislesfacilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, drivewaysTenant and others designated by Landlord using or occupying space in the Building, entrancesincluding but not limited to, exitstunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, the Garage, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and elevator shaftsothers designated by Landlord), stairwells, sidewalks, roadwaysdrinking fountains and any such other areas and facilities as are designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or appurtenances (unless not located within the operation, repair Building) but to which Tenant and maintenance of a particular loading area or appurtenances is the responsibility other occupants of the tenant or tenants who Building will not have the use of same)access, service roadsincluding, lighting facilities (if used to illuminate the Common Areas), common heating, utility and ventilation facilities and utilitybut not limited to, mechanical, telephone telephone, electrical, maintenance, janitorial and electric rooms, drainage facilities, traffic control signs similar rooms and fences. 9.2 Landlord air and water refrigeration equipment. Tenant is hereby gives and grants to Tenant during the Term, for the benefit of Tenant and Tenant's subtenants, licensees and concessionaires, and their respective employees, contractors, customers, invitees and deliverymen, the granted a nonexclusive right to use all of the Common AreasAreas and Service Corridors during the term of this Lease for their intended purposes, in common with Landlord and all other tenants and occupants of the Shopping Center and their respective employees, contractors, agents, assigns, customers, invitees and deliverymen. The rights hereby granted with respect to the Common Areas shall run with and bind the Shopping Center and the land on which it is located, shall be binding upon Landlord and others designated by Landlord's successors in title to all or any part of the Shopping Center, and shall constitute an irrevocable, nonexclusive easement appurtenant to the Premises for the benefit of, and shall be enforceable by, Tenant and its successors and assigns throughout the Term. 9.3 Unless required by law, Landlord shall not alter the size or location of curb cuts or private drives that provide access to the Shopping Center without providing reasonably equivalent access nor reduce parking ratios within the Shopping Center below that required by Article 16, without the prior written consent of Tenant. Landlord may designate portions of the Common Areas as parking spaces for employees of occupants of the Shopping Center, subject to the prior written approval terms and conditions of Tenantthis Lease, which consent shall not including, without limitation, the Rules and Regulations and the Garage Parking Agreement attached hereto as Exhibit F. The Building, Common Areas, Service Corridors and Service Areas will be withheld if such employee parking located within at all times under the No Build Area is located in the row of parking bordering Xxxxxxx Avenue. 9.4 Landlord shall not provide for or knowingly permit the use of the Common Areas by any person or legal entity other than as set forth in Paragraph 9.2. 9.5 Tenant shall not be required to pay its Proportionate Share of any expenses (including Real Property Taxes and Assessmentsexclusive control, CAM Expenses or costs of insurance) relating to any land added to the Shopping Center until such land is improved with a building or buildings and such land directly benefits the Shopping Center. 9.6 Landlord shall keep and maintain the Common Areas in good condition and repair in a manner consistent with first class shopping centers of a similar size and nature. Such maintenance shall include repairing and replacing paving; keeping the Common Areas properly drained, free of snow, ice, water, rubbish and other obstructions, and in neat, clean, orderly and sanitary condition; keeping the Common Areas and such other areas suitably lighted during, and for appropriate periods before and after, Tenant's business hours; maintaining signs, markers, painted lines and other means and methods of pedestrian and vehicular traffic control; maintaining adequate roadways, entrances and exits; and maintaining any plantings and landscaped areas. 9.7 Tenant agrees to reimburse Landlord for Tenant's Proportionate Share of all reasonable expenses incurred directly in connection with the maintenance, repair management and operation of the Common Areas Landlord. Subject to Tenant's repair and maintenance obligations under this Lease, Tenant agrees and acknowledges that the Premises ("CAM EXPENSES"). CAM Expenses shall be limited by whether consisting of less than one floor or consisting of one or more full floors within the terms of Paragraphs 9.8 Building) do not include, and 9.9 Landlord hereby expressly reserves for its sole and the other provisions hereunder. CAM Expenses may include an administrative fee equal to ten (10%) percent of the total of all other expenses included within CAM Expenses hereunder (excluding, howeverexclusive use, any and all insurancemechanical, taxes electrical, telephone and capital expenditures included therein). CAM Expenses invoiced to similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the Tenant shall identify the nature of each CAM Expense acoustical ceiling and Tenant's Proportionate Share of such CAM Expense. Tenant shall reimburse Landlord its Proportionate Share of the CAM Expenses within thirty (30) days of its receipt of Landlord's invoice. Alternatively, Landlord may, prior to the Rent Commencement Date or the beginning of any subsequent calendar year, provide Tenant a written estimate of the CAM Expenses for the calendar year and Tenant shall pay one-twelfth (1/12th) of such estimate as Additional Rent with each payment of Fixed Rent during such calendar year. Within sixty (60) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total CAM Expenses, Tenant's Proportionate Share of such CAM Expenses (prorated for any partial calendar year) and the total of the monthly payments made by Tenant to Landlord during such calendar year. Such statement shall be certified by Landlord other areas not specifically shown on Exhibit B as being correct. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such-statement, and Tenant shall pay to Landlord any underpayment for such year with Tenant's next succeeding CAM Expense payment. Landlord shall keep good and accurate books and records for a period of three (3) years in accordance with generally accepted accounting principles concerning the operation, maintenance and repair of the Common Areas, and Tenant and its agents shall have the right, upon ten (10) days' notice, not more often than once per year, to audit, inspect and copy such books and records at Landlord's principal place of business. If any statement of CAM Expenses previously furnished to Tenant shall be greater than one hundred three percent (103%) of the actual CAM Expenses shown by such audit, Landlord shall immediately pay Tenant's reasonable out-of-pocket costs of such audit for the period audited. In any event, Landlord shall promptly pay Tenant all CAM Expenses shown by such audit to be overpaid by Tenant and Tenant shall promptly pay Landlord all CAM Expenses shown by such audit to be underpaid by Tenant. 9.8 CAM Expenses shall exclude expenses due to: (i) capital improvements; (ii) repairs and replacements, which under sound accounting principles and practices should be classified as capital expenditures; (iii) painting, redecorating or other work that Landlord performs for any other tenant or prospective tenant of the Shopping Center (as compared to periodic repainting of the Building not to exceed once every five (5) years for the benefit of the Premises which may be included within CAM Expenses); (iv) repairs or other work (including rebuilding) occasioned by fire, windstorm or other casualty or by condemnation; (v) any costs that are separately charged to and payable by tenants or for which Landlord is compensated by insurance proceeds or warranties; (vi) leasing commissions and expenses of procuring tenants, including lease concessions and lease take-over obligations; (vii) depreciation, except depreciation of equipment used exclusively for the maintenance of the Shopping Center; (viii) interest on and amortization of debt; (ix) taxes of any nature, including Real Estate Taxes and Assessments (payment of which is specifically addressed in Article 8 above) and interest and penalties for late payment of taxes (unless caused by Tenant's late payment of its Proportionate Share of taxes); (x) rent payable under any lease to which this Lease is subject; (xi) off-premises supervisory personnel or property managers; (xii) costs and expenses of enforcing leases against tenants, including legal fees; (xiii) managing agents' commissions or fees, however characterized; (xiv) expenses resulting from any violation by Landlord of the terms of any lease of space in the Shopping Center or of any ground or underlying lease or any mortgage; (xv) the repair of any part of the Common Areas that was inadequately designed or defectively constructed; (xvi) Landlord's maintenance or repair description as required pursuant to Article 10; (xvii) insurance (payment of which is specifically addressed in Article 21); (xviii) expenses for vacant or vacated space, including utility, security and renovating costs for such space; (xix) all costs and expenses associated with Environmental Clean-up Work (hereinafter defined) except if caused or permitted by Tenant, its employees, agents, contractors or invitees; and (xx) any costs and expenses associated with Landlord's compliance with Legal Requirements pursuant to Paragraph 7.3 above; and (xxi) parking lot resurfacing and restriping during the first three (3) Lease Years; provided, however, that CAM Expenses may include the annual amortized cost to replace the parking lot within the Shopping Center if replaced after the initial term of the Lease, such amortization to be based upon the useful life of the parking lot (based on generally accepted accounting principles)Premises. 9.9 Notwithstanding the foregoing, Tenant's Proportionate Share of CAM Expenses for the first full calendar year during the Term shall not exceed $7,500. After such first full calendar year and through and including the fifth (5th) full calendar year during the term, Tenant's Proportionate Share of CAM Expenses shall not exceed one hundred five percent (105%) of the CAM Expenses paid by Tenant for the preceding calendar year.

Common Area. 9.1 A. The term "Common Areas Area" means the entire area designated from time to time by Lessor for the common use or benefit of the Shopping Center shall consist of all portions of the Shopping Center which shall not be occupied by buildings leased or held for lease, as more specifically depicted on EXHIBIT B. The general term "COMMON AREAS" includes all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, corridors, elevators and elevator shafts, stairwells, sidewalks, roadways, loading areas or appurtenances (unless the operation, repair and maintenance of a particular loading area or appurtenances is the responsibility of the tenant or tenants who have the use of same), service roads, lighting facilities (if used to illuminate the Common Areas), common heating, utility and ventilation facilities and utility, mechanical, telephone and electric rooms, drainage facilities, traffic control signs and fences. 9.2 Landlord hereby gives and grants to Tenant during the Term, for the benefit of Tenant and Tenant's subtenants, licensees and concessionaires, and their respective employees, contractors, customers, invitees and deliverymen, the right to use all of the Common Areas, in common with Landlord and all other tenants and occupants of the Shopping Center and their respective employeesother persons entitled to use the same, contractorsincluding, agentswithout limitation, assignsparking lots (permanent and temporary), customerslandscaped and vacant areas, invitees passages for trucks and deliverymen. The rights hereby granted automobiles, area-ways, roads, walks, roof, curbs, corridors, courts and arcades, together with respect facilities such as washrooms, comfort rooms, lounges, drinking fountains, toilets, stairs, ramps, shelters, community rooms, porches and bus stations, with facilities appurtenant to the Common Areas shall run with each, and bind common utility facilities, water filtration and treatment facilities (including, but not limited to, treatment plants and settling ponds), whether located within or outside of the Shopping Center (provided, however, the costs and expenses of such facilities included within paragraph (B) below shall include only those related to the land on which it is locatedoperation, shall be binding upon Landlord and Landlord's successors in title to all maintenance, repair or any part replacement of the Shopping Center, ). Lessor shall operate and maintain the Common Area or shall constitute an irrevocable, nonexclusive easement appurtenant cause the same to the Premises be operated and maintained in a manner deemed by Lessor reasonable or appropriate for the benefit ofShopping Center. Subject to reasonable, nondiscriminatory rules and shall regulations to be enforceable bypromulgated by Lessor, Tenant and its successors and assigns throughout including the Term. 9.3 Unless required by law, Landlord shall not alter the size or location designation of curb cuts or private drives that provide access to the Shopping Center without providing reasonably equivalent access nor reduce parking ratios specific areas within the Shopping Center below or in reasonable proximity thereto in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires may be parked, and subject to the rights of other tenants, licensees or concessionaires already or to be granted therein, the Common Area is hereby made available to Lessee and its employees, agents, customers and invitees for their reasonable nonexclusive use in common with others, including other tenants and their employees, agents, customers, invitees, and Lessor for the purposes for which constructed. Lessor shall have the right: to change the location and arrangement of parking areas and other Common Area provided that required Lessor maintains a parking ratio of not less than 4.5 parking spaces per 1,000 square feet of leaseable area within the Shopping Center; to construct surface or elevated parking areas and facilities; to establish and change the level of parking surfaces; to close all or any portion of the Common Area to such extent as may, in the opinion of Lessor's counsel, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein or to make repairs or alterations; to close temporarily any or all portions of the Common Area; and to do and perform such other acts in and to said area and improvements as, in the exercise of good business judgment, Lessor shall determine to be advisable with a view to the improvement of the convenience and use thereof by Article 16tenants and their agents, contractors, servants, employees, licensees, customers and business invitees. Lessee 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 Tenant. Landlord may designate portions of the Common Areas as parking spaces for employees of occupants of the Shopping Center, subject to the prior written approval of Tenant, which consent shall not be withheld if such employee parking located within the No Build Area is located in the row of parking bordering Xxxxxxx AvenueLessor. 9.4 Landlord shall not provide for or knowingly permit the use of the Common Areas by any person or legal entity other than as set forth in Paragraph 9.2. 9.5 Tenant shall not be required to pay its Proportionate Share of any expenses (including Real Property Taxes and Assessments, CAM Expenses or costs of insurance) relating to any land added to the Shopping Center until such land is improved with a building or buildings and such land directly benefits the Shopping Center. 9.6 Landlord shall keep and maintain the Common Areas in good condition and repair in a manner consistent with first class shopping centers of a similar size and nature. Such maintenance shall include repairing and replacing paving; keeping the Common Areas properly drained, free of snow, ice, water, rubbish and other obstructions, and in neat, clean, orderly and sanitary condition; keeping the Common Areas and such other areas suitably lighted during, and for appropriate periods before and after, Tenant's business hours; maintaining signs, markers, painted lines and other means and methods of pedestrian and vehicular traffic control; maintaining adequate roadways, entrances and exits; and maintaining any plantings and landscaped areas. 9.7 Tenant agrees to reimburse Landlord for Tenant's Proportionate Share of all reasonable expenses incurred directly in connection with the maintenance, repair and operation of the Common Areas ("CAM EXPENSES"). CAM Expenses shall be limited by the terms of Paragraphs 9.8 and 9.9 and the other provisions hereunder. CAM Expenses may include an administrative fee equal to ten (10%) percent of the total of all other expenses included within CAM Expenses hereunder (excluding, however, any and all insurance, taxes and capital expenditures included therein). CAM Expenses invoiced to the Tenant shall identify the nature of each CAM Expense and Tenant's Proportionate Share of such CAM Expense. Tenant shall reimburse Landlord its Proportionate Share of the CAM Expenses within thirty (30) days of its receipt of Landlord's invoice. Alternatively, Landlord may, prior to the Rent Commencement Date or the beginning of any subsequent calendar year, provide Tenant a written estimate of the CAM Expenses for the calendar year and Tenant shall pay one-twelfth (1/12th) of such estimate as Additional Rent with each payment of Fixed Rent during such calendar year. Within sixty (60) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total CAM Expenses, Tenant's Proportionate Share of such CAM Expenses (prorated for any partial calendar year) and the total of the monthly payments made by Tenant to Landlord during such calendar year. Such statement shall be certified by Landlord as being correct. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such-statement, and Tenant shall pay to Landlord any underpayment for such year with Tenant's next succeeding CAM Expense payment. Landlord shall keep good and accurate books and records for a period of three (3) years in accordance with generally accepted accounting principles concerning the operation, maintenance and repair of the Common Areas, and Tenant and its agents shall have the right, upon ten (10) days' notice, not more often than once per year, to audit, inspect and copy such books and records at Landlord's principal place of business. If any statement of CAM Expenses previously furnished to Tenant shall be greater than one hundred three percent (103%) of the actual CAM Expenses shown by such audit, Landlord shall immediately pay Tenant's reasonable out-of-pocket costs of such audit for the period audited. In any event, Landlord shall promptly pay Tenant all CAM Expenses shown by such audit to be overpaid by Tenant and Tenant shall promptly pay Landlord all CAM Expenses shown by such audit to be underpaid by Tenant. 9.8 CAM Expenses shall exclude expenses due to: (i) capital improvements; (ii) repairs and replacements, which under sound accounting principles and practices should be classified as capital expenditures; (iii) painting, redecorating or other work that Landlord performs for any other tenant or prospective tenant of the Shopping Center (as compared to periodic repainting of the Building not to exceed once every five (5) years for the benefit of the Premises which may be included within CAM Expenses); (iv) repairs or other work (including rebuilding) occasioned by fire, windstorm or other casualty or by condemnation; (v) any costs that are separately charged to and payable by tenants or for which Landlord is compensated by insurance proceeds or warranties; (vi) leasing commissions and expenses of procuring tenants, including lease concessions and lease take-over obligations; (vii) depreciation, except depreciation of equipment used exclusively for the maintenance of the Shopping Center; (viii) interest on and amortization of debt; (ix) taxes of any nature, including Real Estate Taxes and Assessments (payment of which is specifically addressed in Article 8 above) and interest and penalties for late payment of taxes (unless caused by Tenant's late payment of its Proportionate Share of taxes); (x) rent payable under any lease to which this Lease is subject; (xi) off-premises supervisory personnel or property managers; (xii) costs and expenses of enforcing leases against tenants, including legal fees; (xiii) managing agents' commissions or fees, however characterized; (xiv) expenses resulting from any violation by Landlord of the terms of any lease of space in the Shopping Center or of any ground or underlying lease or any mortgage; (xv) the repair of any part of the Common Areas that was inadequately designed or defectively constructed; (xvi) Landlord's maintenance or repair description as required pursuant to Article 10; (xvii) insurance (payment of which is specifically addressed in Article 21); (xviii) expenses for vacant or vacated space, including utility, security and renovating costs for such space; (xix) all costs and expenses associated with Environmental Clean-up Work (hereinafter defined) except if caused or permitted by Tenant, its employees, agents, contractors or invitees; and (xx) any costs and expenses associated with Landlord's compliance with Legal Requirements pursuant to Paragraph 7.3 above; and (xxi) parking lot resurfacing and restriping during the first three (3) Lease Years; provided, however, that CAM Expenses may include the annual amortized cost to replace the parking lot within the Shopping Center if replaced after the initial term of the Lease, such amortization to be based upon the useful life of the parking lot (based on generally accepted accounting principles). 9.9 Notwithstanding the foregoing, Tenant's Proportionate Share of CAM Expenses for the first full calendar year during the Term shall not exceed $7,500. After such first full calendar year and through and including the fifth (5th) full calendar year during the term, Tenant's Proportionate Share of CAM Expenses shall not exceed one hundred five percent (105%) of the CAM Expenses paid by Tenant for the preceding calendar year.

Common Area. 9.1 The term “Project Common Areas Area” or “Common Area” shall mean all areas and facilities within the Project that are defined in the Skyport Plaza (Adjusted Parcel II) Declaration of Common Easements, Covenants, Conditions and Restrictions (the Shopping Center shall consist of all portions of the Shopping Center which shall not be occupied by buildings leased or held for lease, “Declaration”) as more specifically depicted on EXHIBIT B. The general term "COMMON AREAS" includes all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, corridors, elevators and elevator shafts, stairwells, sidewalks, roadways, loading areas or appurtenances (unless the operation, repair and maintenance of a particular loading area or appurtenances is the responsibility of the tenant or tenants who have the use of same), service roads, lighting facilities (if used to illuminate the “Parcel II Common Areas), common heating, utility and ventilation facilities and utility, mechanical, telephone and electric rooms, drainage facilities, traffic control signs and fences. 9.2 Landlord hereby gives and grants to Tenant during the Term, for the benefit of Tenant and Tenant's subtenants, licensees and concessionairesArea”, and their respective employees, contractors, customers, invitees and deliverymen, that are located outside the right to use all perimeter footings of the Common Areas, in common with Landlord and all other tenants and occupants of the Shopping Center and their respective employees, contractors, agents, assigns, customers, invitees and deliverymen. The rights hereby granted with respect to the Common Areas shall run with and bind the Shopping Center and the land on which it is located, shall be binding upon Landlord and Landlord's successors in title to all any buildings now or any part of the Shopping Center, and shall constitute an irrevocable, nonexclusive easement appurtenant to the Premises for the benefit of, and shall be enforceable by, Tenant and its successors and assigns throughout the Term. 9.3 Unless required by law, Landlord shall not alter the size or location of curb cuts or private drives that provide access to the Shopping Center without providing reasonably equivalent access nor reduce parking ratios within the Shopping Center below that required by Article 16, without the prior written consent of Tenant. Landlord may designate portions of the Common Areas as parking spaces for employees of occupants of the Shopping Center, subject to the prior written approval of Tenant, which consent shall not be withheld if such employee parking located within the No Build Area is hereafter located in the row of parking bordering Xxxxxxx Avenue. 9.4 Landlord shall not provide for or knowingly permit Project, and any other areas within the use of the Project that are reasonably designated as Common Areas by any person or legal entity other than as set forth in Paragraph 9.2. 9.5 Tenant shall not be required to pay its Proportionate Share of any expenses (including Real Property Taxes and Assessments, CAM Expenses or costs of insurance) relating to any land added to the Shopping Center until such land is improved with a building or buildings and such land directly benefits the Shopping Center. 9.6 Landlord shall keep and maintain the Common Areas in good condition and repair in a manner consistent with first class shopping centers of a similar size and nature. Such maintenance shall include repairing and replacing paving; keeping the Common Areas properly drained, free of snow, ice, water, rubbish and other obstructions, and in neat, clean, orderly and sanitary condition; keeping the Common Areas and such other areas suitably lighted during, and for appropriate periods before and after, Tenant's business hours; maintaining signs, markers, painted lines and other means and methods of pedestrian and vehicular traffic control; maintaining adequate roadways, entrances and exits; and maintaining any plantings and landscaped areas. 9.7 Tenant agrees to reimburse Landlord for Tenant's Proportionate Share of all reasonable expenses incurred directly in connection with the maintenance, repair and operation of the Common Areas ("CAM EXPENSES"). CAM Expenses shall be limited by the terms of Paragraphs 9.8 and 9.9 and the other provisions hereunder. CAM Expenses may include an administrative fee equal to ten (10%) percent of the total of all other expenses included within CAM Expenses hereunder (excluding, however, any and all insurance, taxes and capital expenditures included therein). CAM Expenses invoiced to the Tenant shall identify the nature of each CAM Expense and Tenant's Proportionate Share of such CAM Expense. Tenant shall reimburse Landlord its Proportionate Share of the CAM Expenses within thirty (30) days of its receipt of Landlord's invoice. Alternatively, Landlord may, prior to the Rent Commencement Date or the beginning of any subsequent calendar year, provide Tenant a written estimate of the CAM Expenses for the calendar year and Tenant shall pay one-twelfth (1/12th) of such estimate as Additional Rent with each payment of Fixed Rent during such calendar year. Within sixty (60) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total CAM Expenses, Tenant's Proportionate Share of such CAM Expenses (prorated for any partial calendar year) and the total of the monthly payments made by Tenant to Landlord during such calendar year. Such statement shall be certified by Landlord as being correct. Landlord shall pay to Tenant any overpayment concurrently with the delivery of such-statement, and Tenant shall pay to Landlord any underpayment for such year with Tenant's next succeeding CAM Expense payment. Landlord shall keep good and accurate books and records for a period of three (3) years in accordance with generally accepted accounting principles concerning the operation, maintenance and repair of the Common Areas, and Tenant and its agents shall have the right, upon ten (10) days' notice, not more often than once per year, to audit, inspect and copy such books and records at Landlord's principal place of business. If any statement of CAM Expenses previously furnished to Tenant shall be greater than one hundred three percent (103%) of the actual CAM Expenses shown by such audit, Landlord shall immediately pay Tenant's reasonable out-of-pocket costs of such audit for the period audited. In any event, Landlord shall promptly pay Tenant all CAM Expenses shown by such audit to be overpaid by Tenant and Tenant shall promptly pay Landlord all CAM Expenses shown by such audit to be underpaid by Tenant. 9.8 CAM Expenses shall exclude expenses due to: (i) capital improvements; (ii) repairs and replacements, which under sound accounting principles and practices should be classified as capital expenditures; (iii) painting, redecorating or other work that Landlord performs for any other tenant or prospective tenant of the Shopping Center (as compared to periodic repainting of the Building not to exceed once every five (5) years for the benefit of the Premises which may be included within CAM Expenses); (iv) repairs or other work (including rebuilding) occasioned by fire, windstorm or other casualty or by condemnation; (v) any costs that are separately charged to and payable by tenants or for which Landlord is compensated by insurance proceeds or warranties; (vi) leasing commissions and expenses of procuring tenants, including lease concessions and lease take-over obligations; (vii) depreciation, except depreciation of equipment used exclusively for the maintenance of the Shopping Center; (viii) interest on and amortization of debt; (ix) taxes of any nature, including Real Estate Taxes and Assessments (payment of which is specifically addressed in Article 8 above) and interest and penalties for late payment of taxes (unless caused by Tenant's late payment of its Proportionate Share of taxes); (x) rent payable under any lease to which this Lease is subject; (xi) off-premises supervisory personnel or property managers; (xii) costs and expenses of enforcing leases against tenants, including legal fees; (xiii) managing agents' commissions or fees, however characterized; (xiv) expenses resulting from any violation by Landlord of the terms of any lease of space in the Shopping Center or of any ground or underlying lease or any mortgage; (xv) the repair of any part of the Common Areas that was inadequately designed or defectively constructed; (xvi) Landlord's maintenance or repair description as required pursuant to Article 10; (xvii) insurance (payment of which is specifically addressed in Article 21); (xviii) expenses for vacant or vacated space, including utility, security and renovating costs for such space; (xix) all costs and expenses associated with Environmental Clean-up Work (hereinafter defined) except if caused or permitted by Tenant, its employees, agents, contractors or invitees; and (xx) any costs and expenses associated with Landlord's compliance with Legal Requirements pursuant to Paragraph 7.3 above; and (xxi) parking lot resurfacing and restriping during the first three (3) Lease Years; provided, however, that CAM Expenses may include the annual amortized cost to replace the parking lot within the Shopping Center if replaced after the initial term as long as Tenant leases one hundred percent (100%) of the LeaseBuilding, such amortization no portion of the Building or any other building now or hereafter located in the Project shall be designated as a Common Area. Landlord and Tenant acknowledge that pursuant to the Declaration, the EOP Owner (as defined in the Declaration) is responsible for the maintenance, repair, insurance and replacement of the Common Area, all on the terms and conditions of, and subject to the allocation and assessment of costs incurred as provided in, the Declaration. Accordingly, (i) neither Landlord nor Tenant shall be based upon responsible for maintenance, repair, insurance or replacement of the Common Area, provided that Landlord shall use commercially reasonable efforts to enforce the obligations of the EOP Owner under the Declaration, and (ii) Tenant shall be responsible for payment, as an “Expense” hereunder, of all “Assessments” attributable to the “Brocade Parcel” pursuant to the terms of Article IV of the Declaration, provided, however, that any portion of Assessments that is attributable to a Capital Expenditure (as defined in Section 7(d) below) shall be amortized over the useful life of the parking lot capital item in question as determined in accordance with the Practice Standard (based as defined in Section 3(b)((i)(D)(1)(v)), together with interest on generally accepted accounting principlesthe unamortized balance at the Amortization Rate (as defined in Section 3(b)(i)(D)(1)(v). 9.9 Notwithstanding ), and only the foregoingannual amortized portion of such cost shall be included in Expenses and payable by Tenant in any year. Costs that are chargeable to Brocade Owner or otherwise made the responsibility of the Brocade Owner under the Declaration which are not Assessments, and which do not result from the actions of Tenant's Proportionate Share of CAM Expenses for the first full calendar year during the Term , shall not exceed $7,500. After such first full calendar year and through and including be the fifth (5th) full calendar year during the term, Tenant's Proportionate Share responsibility of CAM Expenses shall not exceed one hundred five percent (105%) of the CAM Expenses paid by Tenant for the preceding calendar yearhereunder.