Common use of Common Area Clause in Contracts

Common Area. 7.1. The Common 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 Building of which the Demised Premises are a part, as more particularly described on Exhibit A-2. The term Common Area excludes any areas constructed or allocated for the exclusive use of Tenant or for the exclusive use of Landlord or any other tenant of the Building of which the Demised Premises are a part. 7.2. Landlord grants to Tenant, its licensees, invitees, customers, employees, successors and permitted assigns, during the term of this Lease and any renewal term, the non-exclusive right to use the Common Area in common with Landlord and other tenants of the Building of which the Demised Premises are a part and their respective licensees, invitees, customers, employees, successors and assigns, 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. 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 Area, pay and 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 regular washing of all exterior Building windows of the Demised Premises and elsewhere on the Building; (e) maintenance of HVAC, electrical and plumbing systems and elevators; (f) labor, payroll taxes, materials and supplies in connection with such maintenance and operation; (g) all costs and expenses 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 the above; (h) all premiums on workmen’s compensation, casualty, public liability, property damage and other insurance on the Common Area; and (i) all taxes and other charges levied or assessed against the Common Area, the Land and the Building. 7.4. Subject to the rules and regulations described in subparagraphs 4.2 and 7.2, the Common Area is reserved for the exclusive use of Landlord and the tenants of the Building (including Tenant), their employees and business guests. 7.5. Landlord will provide limited security services during Normal Operating Hours as hereinafter defined. To the extent that Landlord or Tenant, 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 unauthorized entrances by persons into the Building or the Common Area or for any other security violation.

Common Area. 7.1. 9.1 The Common 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) Areas of the Building Shopping Center shall consist of all portions of the Shopping Center which the Demised Premises are a partshall not be occupied by buildings leased or held for lease, as more particularly described specifically depicted on Exhibit A-2. 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 Area excludes any areas constructed or allocated 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 exclusive use benefit of Tenant or for the exclusive use of Landlord or any other tenant of the Building of which the Demised Premises are a part. 7.2. Landlord grants to and Tenant's subtenants, its licenseeslicensees and concessionaires, inviteesand their respective employees, contractors, customers, employees, successors invitees and permitted assigns, during the term of this Lease and any renewal termdeliverymen, the non-exclusive right to use all of the Common Area Areas, in common with Landlord and all other tenants and occupants of the Building of which the Demised Premises are a part Shopping Center and their respective licenseesemployees, inviteescontractors, agents, assigns, customers, employeesinvitees 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 assignsassigns 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 provisions prior written approval of this LeaseTenant, and subject to all applicable Piedmont Triad Research Park protective covenants and to those reasonable rules and regulations which may consent shall not be promulgated by Landlord with respect to withheld if such Common Areaemployee parking located within the No Build Area is located in the row of parking bordering Xxxxxxx Avenue. 7.3. 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 9.4 Landlord shall not provide 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 or knowingly permit the use of the Common Area. Except Areas by any person or legal entity other than as specifically provided otherwise herein (including, without limitation, those Tenant obligations set forth in subparagraphs 3.2Paragraph 9.2. 9.5 Tenant shall not be required to pay its Proportionate Share of any expenses (including Real Property Taxes and Assessments, 7.5CAM 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, 12.1free of snow, ice, water, rubbish and other obstructions, and 12.3)in neat, Landlord willclean, with respect to orderly and sanitary condition; keeping the Common AreaAreas and such other areas suitably lighted during, pay and be responsible for: (a) supervisionfor appropriate periods before and after, managementTenant's business hours; maintaining signs, inspectionmarkers, security protection painted lines and other means and methods of pedestrian and vehicular traffic directioncontrol; (b) utilitiesmaintaining adequate roadways, including but not limited to, lighting, heating entrances and removing rubbish (excluding exits; and maintaining any plantings and landscaped areas. 9.7 Tenant agrees to reimburse Landlord for Tenant’s garbage and rubbish), dirt and debris; (c) removing snow and ice; (d) window cleaning and replacement, to include the regular washing 's Proportionate Share of all exterior Building windows of the Demised Premises and elsewhere on the Building; (e) maintenance of HVAC, electrical and plumbing systems and elevators; (f) labor, payroll taxes, materials and supplies 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 operationrepair 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; (gii) 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 of landscape maintenance and supplies incidental theretoassociated with Environmental Clean-up Work (hereinafter defined) except if caused or permitted by Tenant, paintingits employees, and cleaningagents, 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 the above; (h) all premiums on workmen’s compensation, casualty, public liability, property damage and other insurance on the Common Areacontractors or invitees; and (ixx) all taxes any costs and other charges levied or assessed against expenses associated with Landlord's compliance with Legal Requirements pursuant to Paragraph 7.3 above; and (xxi) parking lot resurfacing and restriping during the Common Areafirst three (3) Lease Years; provided, however, that CAM Expenses may include the Land and annual amortized cost to replace the Buildingparking 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). 7.4. Subject to 9.9 Notwithstanding the rules and regulations described in subparagraphs 4.2 and 7.2foregoing, the Common Area is reserved Tenant's Proportionate Share of CAM Expenses for the exclusive use 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 Landlord and the tenants CAM Expenses shall not exceed one hundred five percent (105%) of the Building (including Tenant), their employees and business guestsCAM Expenses paid by Tenant for the preceding calendar year. 7.5. Landlord will provide limited security services during Normal Operating Hours as hereinafter defined. To the extent that Landlord or Tenant, 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 unauthorized entrances by persons into the Building or the Common Area or for any other security violation.

Common Area. 7.1. The Common 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 Landlord grants Tenant the non-exclusive use of tenants (including the Tenant) right, together with all other occupants of the Building of which the Demised Premises are a partand their agents, as more particularly described on Exhibit A-2. The term Common Area excludes any areas constructed or allocated for the exclusive use of Tenant or for the exclusive use of Landlord or any other tenant of the Building of which the Demised Premises are a part. 7.2. Landlord grants to Tenant, its licensees, employees and invitees, customers, employees, successors and permitted assigns, during the term of this Lease and any renewal term, the non-exclusive right to use the Common Area in common with Landlord and other tenants of during the Building of which the Demised Premises are a part and their respective licensees, invitees, customers, employees, successors and assigns, subject to the provisions Term. For purposes of this Lease, “Common Area” means the parking area, driveways, lobby areas, multitenant corridors and subject landscaped areas, as well as other areas of the Building and Land which Landlord may designate from time to time as common area available 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. 7.3tenants. In accordance with usual and customary services provided in connection with similar leased property, Landlord, at its sole cost Landlord’s reasonable discretion, may make changes to the Common Area so long as it does not unreasonably interfere with Tenant’s ability to conduct business or adversely affect the Tenant’s access and expensethe quality of the Building. Landlord’s rights regarding the Common Area include, will operatebut are not limited to, managethe right to (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, repair and maintain displays, carts or stands in the Common Area and all lease the same to tenants; (c) temporarily close any portion of the Common Area (i) for repairs, improvements thereon or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in commercially acceptable first class condition Landlord’s reasonable judgment; (d) change the shape 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 size 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 Area, pay and 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 regular washing of all exterior Building windows of the Demised Premises and elsewhere on the Building; (e) maintenance add, eliminate or change the location of HVAC, electrical any improvements located in the Common Area and plumbing systems and elevators; (f) labor, payroll taxes, materials and supplies construct buildings or other structures in connection with such maintenance and operation; (g) all costs and expenses 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 the above; (h) all premiums on workmen’s compensation, casualty, public liability, property damage and other insurance on the Common Area; and (if) all taxes impose and other charges levied or assessed against revise reasonable Rules and Regulations concerning use of the Common Area, the Land and the Building. 7.4. Subject to the rules and regulations described in subparagraphs 4.2 and 7.2including, but not limited to, any parking facilities comprising a portion of the Common Area is reserved for (which must be applied in a non-discriminatory manner). Notwithstanding the exclusive above, Tenant shall have the right to use the conference facility on the first floor and/or the third floor of Landlord the Building the “Conference Facility”) at no charge one (1) time per year and the 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 all tenants of the Building (including Tenant), their employees and business guestsBuilding) based upon availability of such Conference Facility. 7.5. Landlord will provide limited security services during Normal Operating Hours as hereinafter defined. To the extent that Landlord or Tenant, 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 unauthorized entrances by persons into the Building or the Common Area or for any other security violation.

Common Area. 7.1. The Common Area is defined to be those areas Areas" shall mean all areas, spaces, facilities and equipment (whether or not located within the area designated as such on Exhibit A attached; and the term Common Area also includes those common access areas which are Building) made available by Landlord for the non-exclusive common and joint use of tenants (including the Tenant) of the Building of which the Demised Premises are a partLandlord, as more particularly described on Exhibit A-2. The term Common Area excludes any areas constructed or allocated for the exclusive use of Tenant or for the exclusive use of Landlord or any other tenant of the Building of which the Demised Premises are a part. 7.2. Landlord grants to Tenant, its licensees, invitees, customers, employees, successors and permitted assigns, during the term of this Lease and any renewal term, the non-exclusive right to use the Common Area in common with Landlord and other tenants of the Building of which the Demised Premises are a part and their respective licensees, invitees, customers, employees, successors and assigns, 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 others designated by Landlord with respect to such Common Area. 7.3. In accordance with usual and customary services provided using or occupying space 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 Area, pay and be responsible for: (a) supervision, management, inspection, security protection and traffic direction; (b) utilitiesBuilding, including but not limited to, lightingtunnels, heating walkways, sidewalks and removing rubbish (excluding Tenant’s garbage and rubbish), dirt and debris; (c) removing snow and ice; (d) window cleaning and replacement, driveways necessary for access to include the regular washing of all exterior Building windows of the Demised Premises and elsewhere on the Building; (e) maintenance of HVAC, electrical and plumbing systems and elevators; (f) laborBuilding lobbies, payroll taxesthe Garage, materials and supplies in connection with such maintenance and operation; (g) all costs and expenses 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 the above; (h) all premiums on workmen’s compensation, casualtylandscaped areas, public liabilitycorridors, property damage and other insurance on the Common Area; and (i) all taxes and other charges levied or assessed against the Common Areapublic rest rooms, the Land and the Building. 7.4. Subject Building stairs, elevators open to the rules and regulations described in subparagraphs 4.2 and 7.2public, the Common Area is reserved service elevators (provided that such service elevators shall be available only for the exclusive use of Landlord and the tenants of the Building (including Tenantand others designated by Landlord), drinking 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 not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical, maintenance, janitorial and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the term of this Lease for their employees intended purposes, in common with others designated by Landlord, subject to the terms and business guests. 7.5conditions of this Lease, 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 at all times under the exclusive control, management and operation of the Landlord. Landlord will provide limited security services during Normal Operating Hours as hereinafter defined. To Subject to Tenant's repair and maintenance obligations under this Lease, Tenant agrees and acknowledges that the extent that Landlord Premises (whether consisting of less than one floor or Tenantconsisting of one or more full floors within the Building) do not include, and their agents or employees have acted with reasonable prudence with respect to securityLandlord hereby expressly reserves for its sole and exclusive use, neither party will have any liability to and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the other for loss or damage suffered by the other as a result of unauthorized entrances by persons into the Building or the Common Area or for acoustical ceiling and any other security violationareas not specifically shown on Exhibit B as being part of the Premises.

Common Area. 7.17.1 The "COMMON AREA" is the part of the Shopping Center designated by Landlord from time to time for the common use of all 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. The Landlord shall maintain the Common Area is defined and keep it clean and free of snow and ice. Landlord may from time to be those areas within time: change the area designated dimensions and location of the Common Area, as such well as the location, dimensions, identity and type of buildings; construct additional buildings or additional stories on Exhibit A attachedexisting buildings or other improvements in the Shopping Center; and the term Common Area also includes those common access areas which are for the eliminate buildings. Tenant and its employees, customers, subtenants, licensees and concessionaires shall have a non-exclusive use of tenants (including the Tenant) of the Building of which the Demised Premises are a part, as more particularly described on Exhibit A-2. The term Common Area excludes any areas constructed or allocated for the exclusive use of Tenant or for the exclusive use of Landlord or any other tenant of the Building of which the Demised Premises are a part. 7.2. Landlord grants to Tenant, its licensees, invitees, customers, employees, successors and permitted assigns, during the term of this Lease and any renewal term, the non-exclusive right license to use the Common Area in common with Landlord and Landlord, other tenants of the Building of which Shopping Center and other persons permitted by Landlord to use the Demised Premises are a part same. Landlord may promulgate and their respective licensees, invitees, customers, employees, successors modify from time to time reasonable and assigns, subject to the provisions of this Lease, and subject to all applicable Piedmont Triad Research Park protective covenants and to those reasonable nondiscriminatory rules and regulations for the safety, care or cleanliness of the Shopping Center which shall be complied with by Tenant and its employees, agents, visitors and invitees. Landlord may temporarily close any part of the Common Area for such periods of time as may be reasonably necessary for construction, repair or maintenance, promotional activities or to prevent the public from obtaining prescriptive rights or to make repairs or alterations. Landlord may designate areas in which Tenant's employees shall be required to park (which may be promulgated by located off the Shopping Center if Landlord with respect provides a reasonable shuttle service), and Tenant shall cause its employees to park in such Common Areaareas. 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. 7.3. 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. 7.2 Landlord will, may from to 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 time substitute for any parking area shown on EXHIBIT B other areas or multi-level parking facilities reasonably accessible to the Common Area, pay and 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 regular washing of all exterior Building windows of the Demised Premises and elsewhere on the Building; (e) maintenance of HVAC, electrical and plumbing systems and elevators; (f) labor, payroll taxes, materials and supplies in connection with such maintenance and operation; (g) all costs and expenses 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 the above; (h) all premiums on workmen’s compensation, casualty, public liability, property damage and other insurance on the Common Area; and (i) all taxes and other charges levied or assessed against the Common Area, the Land and the Building. 7.4. Subject to the rules and regulations described in subparagraphs 4.2 and 7.2, the Common Area is reserved for the exclusive use of Landlord and the tenants of the Building (including Tenant), their employees and business guestsShopping Center. 7.5. 7.3 Provided Tenant is not in default under this Lease beyond any applicable notice and cure period, Landlord will provide limited security services agrees to place a station for pick up and drop off of vehicles in front of the Premises for the parking valet system serving the Shopping Center and to maintain service at this station during Normal Operating Hours as hereinafter defined. To the extent that Landlord or Tenant, and their agents or employees have acted with reasonable prudence with respect to security, neither party will have any liability Term of the Lease during the hours Tenant is open for business to the other for loss or damage suffered by the other as a result of unauthorized entrances by persons into the Building or the Common Area or for any other security violationpublic.

Common Area. 7.1. The term “Project Common Area is Area” or “Common Area” shall mean all areas and facilities within the Project that are defined to be those in the Skyport Plaza (Adjusted Parcel II) Declaration of Common Easements, Covenants, Conditions and Restrictions (the “Declaration”) as “Parcel II Common Area”, and that are located outside the perimeter footings of any buildings now or hereafter located in the Project, and any other areas within the area Project that are reasonably designated as such on Exhibit A attachedCommon Areas by Landlord; and the term Common Area also includes those common access areas which are for the non-exclusive use of tenants provided, however, as long as Tenant leases one hundred percent (including the Tenant100%) of the Building, no portion of the Building of which the Demised Premises are a part, as more particularly described on Exhibit A-2. The term Common Area excludes any areas constructed or allocated for the exclusive use of Tenant or for the exclusive use of Landlord or any other tenant 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 Building of which Common Area, all on the Demised Premises are a part. 7.2. Landlord grants to Tenant, its licensees, invitees, customers, employees, successors terms and permitted assigns, during the term of this Lease and any renewal term, the non-exclusive right to use the Common Area in common with Landlord and other tenants of the Building of which the Demised Premises are a part and their respective licensees, invitees, customers, employees, successors and assigns, subject to the provisions of this Leaseconditions of, and subject to all applicable Piedmont Triad Research Park protective covenants the allocation and to those reasonable rules and regulations which may assessment of costs incurred as provided in, the Declaration. Accordingly, (i) neither Landlord nor Tenant shall be promulgated by Landlord with respect to such Common Area. 7.3. In accordance with usual and customary services provided in connection with similar leased propertyresponsible for maintenance, Landlordrepair, 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 insurance or replacement of the Common Area. Except as specifically , provided otherwise herein (including, without limitation, those Tenant that Landlord shall use commercially reasonable efforts to enforce the obligations set forth in subparagraphs 3.2, 7.5, 12.1of the EOP Owner under the Declaration, and 12.3(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 capital item in question as determined in accordance with the Practice Standard (as defined in Section 3(b)((i)(D)(1)(v)), Landlord will, together with respect to interest on the Common Area, pay and be responsible for: unamortized balance at the Amortization Rate (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 rubbishas defined in Section 3(b)(i)(D)(1)(v)), dirt and debris; (c) removing snow only the annual amortized portion of such cost shall be included in Expenses and ice; (d) window cleaning and replacement, payable by Tenant in any year. Costs that are chargeable to include Brocade Owner or otherwise made the regular washing of all exterior Building windows responsibility of the Demised Premises and elsewhere on Brocade Owner under the Building; (e) maintenance of HVAC, electrical and plumbing systems and elevators; (f) labor, payroll taxes, materials and supplies in connection with such maintenance and operation; (g) all costs and expenses of landscape maintenance and supplies incidental thereto, paintingDeclaration which are not Assessments, 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 which do not result from the above; (h) all premiums on workmen’s compensation, casualty, public liability, property damage and other insurance on the Common Area; and (i) all taxes and other charges levied or assessed against the Common Area, the Land and the Building. 7.4. Subject to the rules and regulations described in subparagraphs 4.2 and 7.2, the Common Area is reserved for the exclusive use actions of Landlord and the tenants of the Building (including Tenant), their employees and business guests. 7.5. Landlord will provide limited security services during Normal Operating Hours as hereinafter defined. To the extent that Landlord or Tenant, and their agents or employees have acted with reasonable prudence with respect to security, neither party will have any liability to shall not be the other for loss or damage suffered by the other as a result responsibility of unauthorized entrances by persons into the Building or the Common Area or for any other security violationTenant hereunder.

Common Area. 7.15.1 The "Common Area" is the part of the Shopping Center designated by Landlord from time to time for the common use of all 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. The Landlord reserves the right to change from time to time the dimensions and location of the Common Area is defined to be those areas within as shown on Exhibit A, as well as the area designated as such location, dimensions, identity and type of any building shown on Exhibit A attached; and to construct additional buildings or additional stories on existing buildings or other improvements in the term Common Area also includes those common access areas which are for Shopping Center, and to eliminate buildings from the non-exclusive use of tenants (including the Tenant) of the Building of which the Demised Premises are a part, as more particularly described plan shown on Exhibit A-2A, provided such changes do not reasonably interfere with Tenant's business. The term Common Area excludes any areas constructed or allocated for the exclusive use of Tenant or for the exclusive use of Landlord or any other tenant of the Building of which the Demised Premises are a part. 7.2. Landlord grants to Tenant, its licensees, inviteesemployees, customers, employeessubtenants, successors licensees and permitted assigns, during concessionaires shall have the term of this Lease nonexclusive right and any renewal term, the non-exclusive right license to use the Common Area as constituted from time to time, such use to be in common with Landlord Landlord, other Tenants of the Shopping Center and other tenants of persons permitted by Landlord to use the Building of which the Demised Premises are a part and their respective licensees, invitees, customers, employees, successors and assigns, subject to the provisions of this Leasesame, and subject to all applicable Piedmont Triad Research Park protective covenants and to those such reasonable rules and regulations governing use as Landlord may from time to time prescribe, including the designation of specific areas within the Shopping Center or in reasonable proximity thereto in which automobiles owned by Tenant, 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 the Landlord. Landlord may temporarily close any part of the Common Area for such periods of time as may be promulgated by necessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations. Landlord with respect to such Common Area. 7.3. In accordance with usual and customary services provided in connection with similar leased property, Landlordshall construct, at its sole cost and expense, will operatea hard surface parking area within the Shopping Center as shown on Exhibit A or in reasonable proximity thereto, manageit being expressly agreed, repair 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 any parking area shown on Exhibit A other areas or parking facilities reasonably accessible to the Tenants of the Shopping Center, 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 cost of operation and maintain maintenance of the Common 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 all improvements thereon protecting the Common Area of the shopping center. Also included in commercially acceptable first class condition and repair suitable the Common Area Maintenance Charge is an allowance in the amount of three percent (3%) of the total Minimum Guaranteed Rental amount for occupants of commercial office spacethe Landlord's overhead, including making replacements where necessaryadministrative, and in compliance with all applicable laws 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 of Tenant’s other individual utility or other expenses. The proportionate share to be paid by Tenant of the cost of operation and governmental regulations. Landlord will, maintenance of the Common Area shall be computed on the ratio that the total area of the Demised Premises bears to the gross leasable area of buildings within the Shopping Center from time to time, promulgate rules . Landlord shall make monthly or other periodic charges based upon the estimated annual cost of operation and regulations governing the use maintenance of the Common Area. Except as specifically provided otherwise herein (including, without limitation, those Tenant obligations set forth payable in subparagraphs 3.2, 7.5, 12.1, and 12.3), Landlord will, with respect advance but subject to adjustment after the Common Area, pay and 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 regular washing of all exterior Building windows end of the Demised Premises and elsewhere year on the Building; (e) maintenance basis of HVAC, electrical the actual cost for such year. Any such periodic charges shall be due and plumbing systems and elevators; (f) labor, payroll taxes, materials and supplies in connection with such maintenance and operation; (g) all costs and expenses payable upon delivery 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 the above; (h) all premiums on workmen’s compensation, casualty, public liability, property damage and other insurance on the Common Area; and (i) all taxes and other charges levied or assessed against the Common Area, the Land and the Building. 7.4notice thereof. Subject to the rules and regulations described in subparagraphs 4.2 and 7.2, the The Minimum Common Area is reserved for Maintenance Charge, subject to adjustment as provided herein, shall be included in the exclusive use of Landlord and the tenants of the Building (including Tenantamount set out in Article I, Section 1.1(l), their employees and business guests. 7.5. Landlord will provide limited security services during Normal Operating Hours as hereinafter defined. To the extent that Landlord or Tenant, 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 unauthorized entrances by persons into the Building or the Common Area or for any other security violation.

Common Area. 7.1. The Common Area is defined (A) Subject to be those areas within the area designated as such on Exhibit A attached; subparagraph (C) below, Tenant 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 Building of which the Demised Premises are a part, as more particularly described on Exhibit A-2. The term Common Area excludes any areas constructed or allocated for the exclusive use of Tenant or for the exclusive use of Landlord or any other tenant of the Building of which the Demised Premises are a part. 7.2. Landlord grants to Tenant, its licensees, invitees, customers, employees, successors agents, and permitted assigns, during the term of this Lease and any renewal term, customers shall have the non-exclusive right to the use or benefit of the Common Area in common with Landlord and other tenants of the Building of which the Demised Premises are a part and their respective licensees, invitees, customers, employees, successors and assigns, subject to the provisions of extent and in the manner reasonably designated by Landlord. Except as otherwise specified in this Lease, Landlord agrees to make all necessary repairs and subject maintenance 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. 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 to keep same in commercially acceptable first class condition and repair suitable for occupants of commercial office spacegood condition, including making replacements where necessarywithout limitation sweeping and removal of snow, ice and refuse, and landscaping maintenance. (B) “Common Area” is hereby defined as the areas, equipment and facilities of the Shopping Center or of any other land or 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 compliance with all applicable laws limitation): parking areas, driveways, truck serviceways, sidewalks and governmental regulationscurbs; 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 will, reserves the right at any time and from time to time, promulgate rules and regulations governing the use of time to change or reduce or add to the Common Area. Except as specifically provided otherwise herein Common Area shall be under the exclusive control and management of Landlord (including, without limitation, those including the hours that parking area lights are kept on). Tenant obligations set forth and its employees shall park their vehicles only in subparagraphs 3.2, 7.5, 12.1, and 12.3)areas Landlord designates for employee parking; if after one (1) violation notice is given to Tenant a violation recurs by Tenant or its employees parking vehicles in other than the employee parking areas, Landlord will, with respect shall have the right to the Common Area, pay and 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 tow such vehicle at Tenant’s garbage and rubbish), dirt and debris; expense and/or levy an assessment against Tenant of Forty (c$40.00) removing snow and ice; (d) window cleaning and replacement, Dollars per day for each vehicle. Tenant shall not permit trucks or delivery vehicles used by it to include the regular washing of all exterior Building windows of the Demised Premises and elsewhere on the Building; (e) maintenance of HVAC, electrical and plumbing systems and elevators; (f) labor, payroll taxes, materials and supplies be parked in connection with such maintenance and operation; (g) all costs and expenses 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 the above; (h) all premiums on workmen’s compensation, casualty, public liability, property damage and other insurance on the Common Area; and (i) all taxes and other charges levied or assessed against the Common Area, the Land and the Building. 7.4. Subject to the rules and regulations described in subparagraphs 4.2 and 7.2, the Common Area is reserved for the exclusive use of except where Landlord and the tenants of the Building (including Tenant), their employees and business guests. 7.5permits. Landlord will provide limited security services during Normal Operating Hours as hereinafter defined. To the extent that Landlord may impose parking charges by meter or Tenantotherwise, 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 may close parts of unauthorized entrances by persons into the Building or the Common Area for such time necessary in its opinion to prevent a dedication or for accrual of rights in other persons, or to discourage non-customer parking. Landlord shall not be obligated (although it may do so at its option) to keep the Common Area illuminated to any other security violationextent after 10:00 P.M. or on any Sunday or legal holiday.

Common Area. 7.1a. The “Common Area” is the entire area within the Shopping Center that is not leased or available for lease and is not part of a limited common element allocated to an area that is leased or available for lease. The Common Area is defined to be those areas within includes, without limitation, all structural components of the area designated as such on Exhibit A attached; Shopping Center, and all facilities in the term Shopping Center that are intended for common use by all tenants, and their customers, invitees and employees, which Common Area also includes those common access areas which are for the non-exclusive use of tenants (including the Tenant) of the Building of which the Demised Premises are a partincludes, as more particularly described on Exhibit A-2. The term Common Area excludes any areas constructed or allocated for the exclusive use of Tenant or for the exclusive use of Landlord or any other tenant of the Building of which the Demised Premises are a partbut is not limited to driveways, driving lanes, parking areas, lighting, service areas, pylons, signs, sidewalks and landscaping. 7.2. Landlord grants to b. Tenant and Tenant, its licensees, ’s invitees, customers, employees, successors customers and permitted assigns, during employees shall have the term of this Lease and any renewal term, the non-exclusive nonexclusive right to use the Common Area in common with Landlord Landlord, and all other tenants of the Building of which the Demised Premises are a part Retail Portion and their permitted occupants, and their respective licensees, invitees, customerscustomers and employees for the use and purposes designated by Landlord. c. The Common Area shall be under the exclusive management and control of Landlord or Landlord’s agent. The manner of operation and the expenditures therefore shall be in Landlord’s discretion. Landlord shall have the right to designate, employeesrelocate and limit the use of particular areas or portions of the Common Area for the efficient management, successors operation, maintenance and assignsuse thereof, subject and Tenant shall comply with these restrictions, so long as 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 this the 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. 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 shall maintain the Common Area and all improvements thereon in commercially acceptable first class condition and repair suitable for occupants of commercial office spacegood repair, including establishing (to the extent deemed necessary by Landlord) reserves for 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 in compliance with all applicable laws and governmental regulations. Landlord will, from time to time, promulgate rules and regulations governing the use replacement of the Common Area. Except as specifically provided otherwise herein Area and for the management of the Shopping Center, including without limitation expenses for: (includingi) property management fees for Shopping Center; (ii) cleaning, without limitationsweeping and janitorial services; (iii) removal of rubbish; (iv) snow and ice removal’; (v) labor (including payment of wages, those Tenant obligations set forth in subparagraphs 3.2, 7.5, 12.1, benefits and 12.3), Landlord will, with respect payroll taxes) to maintain the Common Area, pay and 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 rubbishvi), dirt and debris; (c) removing snow and ice; (d) window cleaning and replacement, to include the regular washing of all exterior Building windows of the Demised Premises and elsewhere on the Building; (e) maintenance of HVAC, electrical and plumbing systems and elevators; (f) labor, payroll taxes, materials and supplies in connection with such the operation and maintenance and operationof the Common Area; (gvii) providing and maintaining utility systems and services, including payment of sewer service fees; (viii) maintaining, repairing, reserving for replacement of and replacing all costs and expenses of landscape maintenance and supplies incidental thereto, painting, and cleaning, sealing, replacing and remarking paved and unpaved surfacessidewalks, curbs, directional walkways and other signs for access areas paved areas, as well as the roof and driveways, structural portions of the all portions of the Shopping Center; (ix) landscaping, lighting planting and irrigation systems; (x) signs; (xi) trash facilities, drainage loading and other similar itemsdelivery areas; (xii) lighting, drainage, and all costs directional markers and bumpers; (xiii) maintaining and repairing security systems and alarms; (xiv) payment of premiums for workers’ compensation insurance, commercial general liability insurance and casualty insurance maintained by Landlord with respect to the Shopping Center, as well as any deductible under any insurance which Landlord pays in connection thereto;, (xv) payment of rental cost for or straight-line depreciation on tools, machinery and equipment used in connection with the aboveCommon Area; (hxvi) payment of all premiums personal property taxes and assessments levied or assessed against personal property located on workmen’s compensation, casualty, public liability, property damage and other insurance on or used to maintain the Common Area; (xvii) payment of any regulatory fee or surcharge or similar imposition imposed by governmental requirements; (xviii) payment of the cost of a security service and/or security system if Landlord determines that such security is necessary, including servicing, maintaining and monitoring any fire sprinkler system; (ixix) all taxes and other charges levied any alterations, additions, or assessed against the Common Area, the Land and the Building. 7.4. Subject improvements required to the rules and regulations described in subparagraphs 4.2 and 7.2, be made to the Common Area is reserved for the exclusive use of Landlord and the tenants of the Building in order to comply with applicable laws, orders or regulation; and, (including Tenant), their employees and business guests. 7.5. Landlord will provide limited security services during Normal Operating Hours as hereinafter defined. To the extent that Landlord or Tenant, and their agents or employees have acted with reasonable prudence with respect xx) all other items necessary to security, neither party will have any liability to the other for loss or damage suffered by the other as a result of unauthorized entrances by persons into the Building or keep the Common Area or for any other security violationin a state of good sanitary condition and repair.

Common Area. 7.1. The (1) Lessor shall substantially complete the Common Area is defined prior to be those areas within the area designated as such on Exhibit A attached; Commencement Date. Lessor shall not materially change or alter the dimensions and location of the term Common Area also includes those common access without the prior written consent of Lessee. No public telephones, newspaper machines, vending machines, signage, kiosks, outdoor selling areas which are (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 certain parts of the Common Area as Quasi Common Area for the non-exclusive use of specific tenants (including the Tenant) of the Building of which the Demised Premises are a part, such as more particularly described on Exhibit A-2. The term Common Area excludes any areas constructed or allocated for the exclusive use of Tenant or for the exclusive use of Landlord or any other tenant of the Building of which the Demised Premises are a partdesignated parking areas. 7.2. Landlord grants to Tenant(2) Lessee, and its licensees, inviteesemployees, customers, employeessubtenants, successors licensees and permitted assigns, during concessionaires shall have the term of this Lease and any renewal term, the non-exclusive nonexclusive right to use the Common Area Area, such use to be in common with Landlord and Lessor, other tenants of the Building Building, and other persons entitled to use the same by virtue of which the Demised Premises are a part and their respective licensees, invitees, customers, employees, successors and assigns, subject to the provisions of this LeaseLessor's express permission, and subject to all applicable Piedmont Triad Research Park protective covenants and to those such reasonable rules and regulations which may be promulgated by Landlord with respect to such Common Area. 7.3. 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 willgoverning use as Lessor may, from time to time, promulgate rules prescribe. 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. Lessor shall require similar agreements and regulations governing standards from any other tenant in the Building. Lessor may temporarily close any part of the Common Area for such periods 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. (3) As part of the Site Plan approval process, Lessor and Lessee shall agree to specific exclusive designated areas in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires shall be parked, and Lessee shall use reasonable efforts to 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 subtenants. Lessor hereby designates the parking spaces marked on the 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 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 as the replacement or repair of utility lines, or the replacement of the parking lot), and the cost of painting the readily visible portions of the exterior walls of the Building (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 the Property for the use of the Common Area. Except as specifically provided otherwise herein (tenants and each tenant, including, without limitationLessee, those Tenant obligations set forth in subparagraphs 3.2will 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, 7.5, 12.1replanting, and 12.3)replacing flowers and landscaping, Landlord will, with respect to the Common Area, pay and be responsible for: (a) supervision, management, inspection, security protection and traffic directionsupplies required therefor; (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 regular washing costs of all exterior Building windows painting any of the Demised Premises foregoing items and elsewhere on striping the Buildingparking lot; (e) maintenance of HVAC, electrical and plumbing systems and elevators; (f) labor, payroll taxes, materials and supplies in connection with such maintenance and operation; (g) all costs and expenses 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 utilities used in connection with the above; (h) all premiums on workmen’s compensation, casualty, public liability, property damage and other insurance on maintenance of the Common Area; and all costs of maintaining speed ramps (i) all taxes and other charges levied or assessed against the Common Area, the Land and the Building. 7.4. Subject to the rules and regulations described in subparagraphs 4.2 and 7.2, the Common Area is reserved for the exclusive use of Landlord and the tenants of the Building (including Tenantif any), their employees and business guests. 7.5. Landlord will provide limited security services during Normal Operating Hours as hereinafter defined. To the extent that Landlord or lighting facilities which are not separately metered to Tenant, and their agents or employees have acted with reasonable prudence with respect 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 security, neither party will have any liability to exceed two percent (2%) of the other for loss or damage suffered by the other as a result of unauthorized entrances by persons into the Building or the Common Area or for any other security violationBase Rent.

Common Area. 7.1A. The term "Common Area" means the entire area designated from time to time by Lessor for the common use or benefit of the occupants of the Shopping Center and other persons entitled to use the same, including, without limitation, parking lots (permanent and temporary), landscaped and vacant areas, passages for trucks and automobiles, area-ways, roads, walks, roof, curbs, corridors, courts and arcades, together with facilities such as washrooms, comfort rooms, lounges, drinking fountains, toilets, stairs, ramps, shelters, community rooms, porches and bus stations, with facilities appurtenant to each, and 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 operation, maintenance, repair or replacement of the Shopping Center). The Lessor shall operate and maintain the Common Area or shall cause the same to be operated and maintained in a manner deemed by Lessor reasonable or appropriate for the Shopping Center. Subject to reasonable, nondiscriminatory rules and regulations to be promulgated by Lessor, including the designation of specific areas within the Shopping Center 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 defined hereby made available to be those areas within the area designated as such on Exhibit A attached; Lessee and the term Common Area also includes those its employees, agents, customers and invitees for their reasonable nonexclusive use in common access areas which are for the non-exclusive use of with others, including other tenants (including the Tenant) of the Building of which the Demised Premises are a partand their employees, as more particularly described on Exhibit A-2. The term Common Area excludes any areas constructed or allocated for the exclusive use of Tenant or for the exclusive use of Landlord or any other tenant of the Building of which the Demised Premises are a part. 7.2. Landlord grants to Tenantagents, its licenseescustomers, invitees, customersand 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 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 tenants and their agents, contractors, servants, employees, successors licensees, customers and permitted assignsbusiness invitees. Lessee shall not solicit business or display merchandise within the Common Area, during or distribute handbills therein, or take any action which would interfere with the term rights of this Lease and any renewal term, the non-exclusive right other persons to use the Common Area in common with Landlord and other tenants without the prior written consent of the Building of which the Demised Premises are a part and their respective licensees, invitees, customers, employees, successors and assigns, 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 AreaLessor. 7.3. 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 Area, pay and 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 regular washing of all exterior Building windows of the Demised Premises and elsewhere on the Building; (e) maintenance of HVAC, electrical and plumbing systems and elevators; (f) labor, payroll taxes, materials and supplies in connection with such maintenance and operation; (g) all costs and expenses 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 the above; (h) all premiums on workmen’s compensation, casualty, public liability, property damage and other insurance on the Common Area; and (i) all taxes and other charges levied or assessed against the Common Area, the Land and the Building. 7.4. Subject to the rules and regulations described in subparagraphs 4.2 and 7.2, the Common Area is reserved for the exclusive use of Landlord and the tenants of the Building (including Tenant), their employees and business guests. 7.5. Landlord will provide limited security services during Normal Operating Hours as hereinafter defined. To the extent that Landlord or Tenant, 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 unauthorized entrances by persons into the Building or the Common Area or for any other security violation.