Common use of Common Area Clause in Contracts

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below.

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

Common Area. Subject to During the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribeTerm, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, shall have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this LeaseArea defined herein. Landlord reserves the right right, in Landlord’s prudent business judgment, to modify the Common Area, including increasing or reducing the size, adding additional buildings, structures or other improvements or changing the use, configuration and elements thereof in its sole discretion and to temporarily close or restrict access from time to time for repair, maintenance or construction or to make changes in the shapeprevent a dedication thereof, size, location, amount and extent of the Common Area; provided that no Tenant shall receive reasonable prior written notice to Tenant if such changes activities are reasonably expected to affect Tenant and Tenant (i) shall prevent at all times have reasonable access to parking and the Premises during such activities; and (ii) such modifications, when completed, shall not adversely interfere with or materially diminish restrict or adversely affect disturb Tenant’s ability to have access to and possession, use or enjoyment of the Premises for the Permitted Use or its rights under this Lease or unreasonably and materially interfere with or restrict Tenant’s allocation use of parking spacesparking. Landlord further reserves the right to promulgate such establish, repeal and amend from time to time non-discriminatory rules and regulations relating (subject to the express limitations herein) for the use of the Common Area and to grant reciprocal easements or other rights to use the Common Area to owners of other property provided that no amendment to the rules and regulations or granting of rights shall restrict or disturb Tenant’s possession, use or enjoyment of the Premises for the Permitted Use or unreasonably and materially interfere with Tenant’s use or enjoyment of parking facilities and provided, further, to the extent of any conflict between an express provision of this Lease (other than the attached Rules and Regulations) and such amended Common Area rules and regulations, this Lease shall control. “Common Area” means both (i) Project Common Area which includes all portions of the Project other than the Buildings, including landscaping, sidewalks, walkways, driveways, curbs, parking lots (including striping), roadways within the Project, sprinkler systems, lighting, surface water drainage systems, an athletic facility to be available for use by Tenant’s employees (the “Athletic Facility”), as well as baseball and soccer fields, a water front park, and any part a perimeter walking/biking trial, and such further portions of the Project or parts thereof, additional or different facilities as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to timetime designate or install or make available for the use by Tenant in common with others, (ii) Building 8 Common Area which includes all mechanical areas, stairwells, elevators and elevator shafts, pipe, cabling and wiring shafts, together with advance noticetheir enclosing walls, plus, to the extent not leased to an occupant, all entrances, elevator and other lobbies, common corridors and hallways, restrooms, janitor closets, telephone closets, electric closets and other public or common areas located in Building 8, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces (iii) any other lobbies, common corridors and hallways, stairwells, elevators, restrooms and other public or common areas located in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowBuilding 8.

Common Area. Subject Landlord grants to Tenant the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribenon-exclusive right, Tenant and Tenant’s employees, invitees and customers shall, in common together with all other occupants of the Parcel, Project and their respective employeesagents, invitees employees and customersinvitees, and others entitled to the use thereof, have the non-exclusive right to use the access roadsCommon Area during the Term, parking areas and facilities provided and designated by Landlord for subject to the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination terms of this Lease, all Laws and the Project Rules. Landlord reserves Landlord’s rights regarding the Common Area include, but are not limited to, the right to (a) restrain unauthorized persons from time to time to make changes in the shape, size, location, amount and extent of using the Common Area; provided that no such changes shall prevent (b) place permanent or materially diminish temporary kiosks, displays, carts or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces stands in the Common Area on a “first-come, first served” basis at no cost and lease the same to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in tenants; (c) temporarily close any portion of the Common Area not designated by (i) for repairs, improvements or Alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication or prescriptive rights, or (iv) for any other reason Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion reasonably deems necessary; (d) change the shape and size of the Common Area. Tenant shall make no alterations; (e) add, eliminate or change the location of any improvements or additions to located in the Common Area without prior written approval and construct buildings or other structures in the Common Area; and (f) limit the use of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair certain portions of the Common Area to a specific tenant or tenants. Any change in good order, condition and repair. The manner in which the Common Area shall be maintained that would result in a change in the determination of the Rentable Area of the Premises (measured in accordance with the Measurement Methodology) will change the Rentable Area of the Premises for all purposes under this Lease, and the expenditures Lease will be amended by Landlord and Tenant accordingly. In addition, Landlord reserves the right to set hours for such maintenance shall be at the unfettered discretion use of Landlord. Except as excluded herein or in Addendum One, the cost any common deck area and the lounge area off the lobby on the first floor of such repair, maintenance, operation, insurance each of the South Building and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fencesthe North Building, and lighting, shall be a to host private and public events and permit other occupants of the Project to host public and private events in such areas. Landlord has contracted with an outside art consultant to provide art for the Common Area Charge and lobbies of the Project and reserves the right to hold gallery openings and other events in the Common Area and change how the Common Area is decorated. Notwithstanding any of the foregoing, Tenant shall pay will have the right to reserve the Common Area via an online calendaring system that is maintained by Landlord Tenant’s Pro Rata Share of such costs and made available to Tenant as provided set forth in Paragraph 12 belowSection 18.2 hereof.

Common Area. Subject Tenant shall be entitled to the terms non-exclusive use of the Common Area. Landlord reserves the right to change from time to time the dimensions and conditions location of the Common Area, as well as the dimensions, identities, locations and types of any buildings, signs or other improvements in Property; provided, however, that such changes shall not materially interfere with Tenant's use of the Premises. For example, and without limiting generality of the immediately preceding sentence, Landlord may from time to time substitute for any parking area other areas reasonably accessible to the tenants of the Building, as applicable, which areas may be elevated, surface or underground. Tenant, and its employees and customers, and when duly authorized pursuant to the provisions of this Lease Lease, its subtenants, licensees and concessionaires, shall have the nonexclusive right to use the Common Area (excluding roofs) as constituted from time to time, such use to be in common with Landlord, other tenants in the Building and other persons permitted by the Landlord to use the same and subject to the rights of governmental authorities, easements, other restrictions of record, and such reasonable rules and regulations governing use as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel. For example, and their respective employees, invitees without limiting the generality of Landlord’s ability to establish rules and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent regulations governing all aspects of the Common Area; provided that no such changes , Tenant agrees as follows: (i) Tenant shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use not solicit business within the Common Area nor take any actions which would interfere with the rights of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the other persons use of the Common Area, and ; (ii) Landlord may temporarily close any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles periods of time as may be necessary to make repairs or equipment on any portion alternations or to prevent the public from obtaining prescriptive rights; and (iii) With regard to the roof(s) of the Common Area. Tenant shall make no alterations, improvements or additions building(s) in the Property the use of the roof(s) is reserved to the Common Area without Landlord, or with regard to any tenant demonstrating to Landlord’s satisfaction a need to use same, to such tenant after receiving prior written approval of consent from Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below.

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may The term “Common Area” means all areas from time to time reasonably prescribedesignated by Landlord for the general and nonexclusive common use or benefit of Tenant, other tenants of the Project, and Landlord, including, without limitation, roadways, entrances and exits, loading areas, landscaped areas, open areas, park areas, service drives, walkways, common trash areas, vending or mail areas, common pipes, conduits, wires and appurtenant equipment within the Project, maintenance and utility rooms and closets, exterior lighting, exterior utility lines, and parking facilities. Tenant and Tenant’s employees, invitees its employees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, visitors shall have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience any Common Areas of the occupants of Project as constituted from time to time, subject to such reasonable rules and regulations governing the Parcel, which areas and facilities are referred to herein use as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time may prescribe. Notwithstanding anything contained herein to make changes in the shapecontrary, size, location, amount and extent Landlord shall have the right to designate certain portions of the Common Areas (including, but not limited to, areas adjacent to a tenant’s premises and/or trailer parking areas located throughout the Project) for the exclusive use of one or more tenants, so long as, in Landlord’s determination, such designation does not materially adversely impact the rights of any other tenant within the Project. Landlord as part of the management fees under the Operating Expenses shall use good faith efforts to enforce the Rules or Regulations for the benefit of the Tenant. Landlord shall not be responsible for non-compliance by any other tenant or occupant of the Project with, or Landlord's failure to enforce, any of the Rules or Regulations or CC&Rs or any other terms or provisions of such tenant's or occupant's lease. Tenant shall promptly comply with the reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Under no circumstances shall the right herein granted to use the Common Area be deemed to include the right to store any property, temporarily or permanently, in the Common Area; provided . In the event that no any unauthorized storage shall occur, then Landlord shall have the right, without notice, in addition to such changes other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall prevent be immediately payable upon demand by Landlord. Landlord may change the shape and size of the Common Areas, including the addition of, elimination of or change to any improvements located in the Common Areas, so long as such change does not materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowPermitted Use.

Common Area. Subject to Landlord grants Tenant the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribenon-exclusive right, Tenant and Tenant’s employees, invitees and customers shall, in common together with all other occupants of the Parcel, Building and their respective employeesagents, invitees employees and customersinvitees, and others entitled to the use thereof, have the non-exclusive right to use the access roadsCommon Area during the Term, parking areas subject to all Laws. Landlord, in Landlord’s reasonable discretion, may make changes to the Common Area. Landlord’s rights regarding the Common Area include, but are not limited to, the right to (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands in the Common Area and facilities provided and designated by Landlord for lease the general use and convenience same to tenants; (c) temporarily close any portion of the occupants of Common Area (i) for repairs, improvements or Alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication or prescriptive rights, or (iv) for any other reason Landlord deems necessary in Landlord’s reasonable judgment; (d) change the Parcel, which areas shape and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent size of the Common Area; provided that no such changes shall prevent (e) add, eliminate or materially diminish change the location of any improvements located in the Common Area and construct buildings or adversely affect Tenant’s ability to have access to other structures in the Common Area; and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating (f) subject to the terms of Section 4.4, impose and revise Building Rules concerning use of the Common Area, and including, but not limited to, any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of parking facilities comprising a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Notwithstanding the foregoing, in exercising its rights set forth in this Section 4.5, Landlord’s actions pursuant to this section shall not (i) materially deprive Tenant shall make no alterationsof the use and enjoyment of the Premises, improvements or additions (ii) materially interfere with Tenant’s access to the Common Area without prior written approval Building, parking facilities, or the Premises or (iii) materially and adversely affect the flow of Landlordtraffic within the parking facilities. Furthermore, Landlord shall at all times operate, manage, insure, maintain and repair will diligently pursue completion of any work pursuant to this section as soon as possible following the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowcommencement thereof.

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this LeaseSection 1. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Additional Common Area; provided that no such changes Transfer of Common Area Between Association and Association. A. In addition to the property and interests in property included within the term "Common Area", as defined in Article I of this Declaration, Declarant, in its sole and absolute discretion, shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating convey to the use of the Common AreaAssociation, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations Association shall be binding upon Tenant upon delivery of a copy of them obligated to Tenantaccept from Declarant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, any other property, real or personal, or interests therein, so (36205737;1) 9 long as such property is, in the sole discretion of Declarant, useful for the common recreation, health, safety, welfare, benefit or convenience of the Owners, provided said additional land is not encumbered by any lien or notice of violation. Any such additional property conveyed to the Association shall become and thereafter continue to be Common Area which shall be subject to all covenants, conditions, restrictions, easements and reservations set forth in this Declaration with advance noticerespect to all other Common Area. B. Notwithstanding anything to the contrary set forth herein or otherwise, the Members, the Owners, and all amendments shall be effective upon delivery of a copy of them any other person(s) and entity(ies) owning or holding any interest whatsoever in the Property or any part thereof, acknowledge and agree that with regard to Tenant. Tenant shall have any Common Areas or Limited Common Areas located from time to time within the exclusive use of Tenant’s Pro Rata Share boundaries of the parking spaces in Property: (1) the Common Area on a “first-comeDeclarant, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park prior to Turnover (provided the subject Common Area or permit Limited Common Area has not theretofore been conveyed to the parking Association), has the unilateral right, power, and authority, without need or requirement to obtain the consent of Tenant’s trucks or other vehiclesthe Association, any Owner, any Member, any Mortgagee, or any Townhome Association, to convey one or more of said Common Areas or Limited Common Areas to a Townhome Association, which Townhome Association shall, via the trucks or other vehicles deed of othersconveyance from the Declarant, adjacent to loading areas so as to interfere in any way with accept the use conveyance of such areasCommon Areas or Limited Common Areas; and upon conveyance of such Common Areas or Limited Common Areas to the Townhome Association, nor said Common Areas or Limited Common Areas shall Tenant become Townhome Association Common Area, to be maintained by the Townhome Association pursuant to the subject Townhome Declaration; and (2) the Association, at any time park prior to Turnover has the unilateral right, power, and authority, without need or permit requirement to obtain the parking consent of Tenant’s vehicles or trucksany Owner, any Member (other than Declarant), any Mortgagee, or any Townhome Association, to convey one or more of said Common Areas or Limited Common Areas to a Townhome Association, which Townhome Association shall, via the vehicles deed of conveyance from the Association, accept the conveyance of such Common Areas or trucks Limited Common Areas; and upon conveyance of Tenant’s suppliers such Common Areas or othersLimited Common Areas to the Townhome Association, said Common Areas or Limited Common Areas shall become Townhome Association Common Area, to be maintained by the Townhome Association pursuant to the subject Townhome Declaration. In connection with any conveyance of any Common Areas or Limited Common Areas to any Townhome Associations pursuant to this subsection B., it is possible, but not guaranteed, that as a result of such conveyance, the amount of Assessments due hereunder may be reduced. It is also possible, however, that in connection with any such conveyance(s), the amount of assessments, pursuant to the subject Townhome Declaration, may be increased, Notwithstanding anything to the contrary set forth herein, in connection with any portion such conveyance of any Common Areas or Limited Common Areas pursuant to this subsection B. that occurs prior to Turnover, provided Declarant is deficit funding pursuant to Article X, Section 7 hereof, the amount of the Annual Assessments set forth in Article X, Section 2 hereof shall continue to be the maximum obligation of the Members other than Declarant. Notwithstanding anything to the contrary set forth herein or otherwise: (a) as long as ▇.▇. ▇▇▇▇▇▇, or any successor entity thereof, owns fee simple title to any "Parcel" (as that term, for purposes of this Article IV, Section 1, is defined in the Association Act) within the property that is subject to the Master Regulating Documents, no transfer or conveyance of any Common Areas or Limited Common Areas pursuant to this subsection B. shall be permitted without ▇.▇. ▇▇▇▇▇▇'▇ prior written consent, which consent may be denied or granted in ▇.▇. ▇▇▇▇▇▇'▇ sole and absolute discretion; and (b) automatically effective as of the time that neither ▇.▇. ▇▇▇▇▇▇ nor any successor entity thereof owns fee simple title to any Parcel within the property that is subject to the Master Regulating Documents, all right, power, and authority concerning transfers or conveyances of any Common Areas or Limited Common Areas pursuant to this subsection B. shall forever terminate and cease to exist. {36205737;1} 10 C. Notwithstanding anything to the contrary set forth herein or otherwise, the Members, the Owners, and any other person(s) and entity(ies) owning or holding any interest whatsoever in Property or any part thereof, acknowledge and agree that: (1) the Declarant, at any time prior to Turnover, has the unilateral right, power, and authority, without need or requirement to obtain the consent of the Association, any Owner, any Member, or any Mortgagee, to require, cause, and compel the Association, via the subject deed of conveyance from a Townhome Declarant or Townhome Association, to accept the conveyance of fee simple title to any Townhome Association Common Area, and upon conveyance of such Townhome Association Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operateAssociation, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the said Townhome Association Common Area shall become, as determined by Declarant, either Common Areas, or Limited Common Areas reserved for the utilization and realization of the Townhome Association (and its owners and members pursuant to the terms of the Townhome Declaration) that conveyed the subject Townhome Association Common Area to the Association, to be maintained by the Association accordingly pursuant to this Declaration; and (2) the expenditures Association, in its sole discretion, at any time prior to Turnover, has the unilateral right, power, and authority, without need or requirement to obtain the consent of any Owner, any Member (other than Declarant), or any Mortgagee, via the subject deed of conveyance from a Townhome Declarant or Townhome Association, to accept the conveyance of fee simple title to any Townhome Association Common Area, and upon conveyance of such Townhome Association Common Area to the Association, said Townhome Association Common Area shall become, as determined by the Association, either Common Areas, or Limited Common Areas reserved for the utilization and realization of the Townhome Association (and its owners and members pursuant to the terms of the Townhome Declaration) that conveyed the subject Townhome Association Common Area to the Association, to be maintained by the Association accordingly pursuant to this Declaration. In connection with the Association's acceptance of the conveyance of any Townhome Association Common Area pursuant to this subsection C., it is possible that the amount of Assessments due hereunder may be increased. It is also possible, however, that in connection with any such maintenance conveyance(s), the amount of assessments, pursuant to the Townhome Declaration, may be decreased. Notwithstanding anything to the contrary set forth herein, in the event of any conveyance of any Townhome Association Common Area to the Association pursuant to this subsection C. prior to Turnover, provided Declarant is deficit funding pursuant to Article X, Section 7 hereof, the amount of the Annual Assessments set forth in Article X, Section 2 hereof shall continue to be the maximum obligation of the Members other than Declarant. Notwithstanding anything to the contrary set forth herein or otherwise: (a) as long as ▇.▇. ▇▇▇▇▇▇, or any successor entity thereof, owns fee simple title to any Parcel within the Kindred Development, no transfer or conveyance of any Townhome Association Common Area to the Association pursuant to this subsection C. shall be at permitted without ▇.▇. ▇▇▇▇▇▇'▇ prior written consent, which consent may be denied or granted in ▇.▇. ▇▇▇▇▇▇'▇ sole and absolute discretion; and (b) automatically effective as of the unfettered discretion of Landlordtime that neither ▇.▇. Except as excluded herein or in Addendum One▇▇▇▇▇▇ nor any successor entity thereof owns fee simple title to any Parcel within the Kindred Development, the cost of such repairall right, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fencespower, and lighting, shall be a authority concerning transfers or conveyances of any Townhome Association Common Area Charge to the Association pursuant to this subsection C. shall forever terminate and Tenant shall pay cease to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowexist.

Common Area. Subject A. Tenant shall pay to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribeLandlord, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereofwithin twenty (20) days after demand, as Landlord may reasonably deem appropriate for the best interest additional rent, thirty-six and two tenths percent (36.2%) of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenantall actual costs incurred by Landlord, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance noticefor common area maintenance, which includes, but is not limited to, snow and ice removal, parking lot maintenance, grass cutting, grounds maintenance, landscaping, security, repairs to or replacements of the Improvements or portions thereof and common area electric and for water and sewer charges for all amendments of the Improvements during the term of this Lease. B. Subject to the remaining provisions of this Paragraph 9.B., all common areas shall be effective upon delivery of a copy of them subject to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval control of Landlord. Landlord shall at all times operate, manage, insureequip, police, light and maintain the common areas in a manner comparable to similar buildings in the Annapolis Junction Business Park. Landlord shall use commercially reasonable efforts not, in so doing, to materially adversely affect Tenant's use and repair occupancy of the Common Area Premises. Landlord hereby expressly reserves the right (but not the obligation) to maintain security for the common areas; to use and to allow others to use the common areas for any legal purpose; to change the size, area, level, location and arrangement of the common areas; to close temporarily all or any portion of the common areas for the purpose of making repairs, changes, or alterations thereto or performing necessary maintenance in good orderconnection with any emergency or for any other purpose whatsoever, condition whether such purpose is similar or dissimilar to the foregoing. If the size, area, level, location or arrangement of such common areas or the type of facilities at any time forming a part thereof be changed, altered, rearranged or diminished, Landlord shall not be subject to any liability therefor, nor shall Tenant be entitled to any compensation or diminution or abatement of rent therefor, nor shall such alteration, rearrangement, revocation, change or diminution of such common areas be deemed a constructive or actual eviction or otherwise be grounds for terminating or modifying this Lease, provided, however, if the same shall materially adversely affect the ability of Tenant to carry on its business in the Premises, then, within thirty (30) days after any such change, alteration, rearrangement or diminution, Tenant, provided Tenant has first given Landlord prompt written notice of the material, adverse effect upon Tenant and repair. The manner sixty (60) days to cure, shall have the right to terminate this Lease, in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum Oneevent, the cost of such repair, maintenance, operation, insurance Landlord shall return any security deposit to Tenant and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, Landlord shall be a Common Area Charge and have no further liability to Tenant under this Lease. Tenant shall pay not obstruct the common areas or use them for any purpose other than their customary or intended purposes. Prior to making a material alteration to the common areas, Landlord Tenant’s Pro Rata Share will notify Tenant of such costs as provided in Paragraph 12 belowits proposed alterations or modifications.

Common Area. Subject to As used herein, the terms “Common Area” shall mean all of the areas within the Property outside of the Building, such as the parking areas, drive aisles, sidewalks and conditions of this Lease and such rules and regulations landscaped areas, as Landlord the same may exist from time to time reasonably prescribe, time. Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, shall have the non-exclusive right to use the access roadsuse, parking areas in common with Landlord and facilities provided and designated by Landlord for the general use and convenience of the other occupants of the ParcelPark to whom Landlord has or may hereafter grant reasonable rights to use the same, which areas and facilities are referred to herein as “the Common Area.” This right . To the extent other parties that are tenants of the Park share in the use of a portion of the Common Area such parties shall terminate upon share in the termination CAM Charge for such portion of this Leasethe Common Area and Tenant’s Proportionate Share for such item shall be adjusted accordingly. Landlord shall at all times have full control, management and direction of the Common Area and, subject to Tenant’s rights under Section 1.8 above, Landlord reserves the right at any time and from time to time in Landlord’s discretion, including for uses that may not be for the sole benefit of the Building, to make changes in reduce, increase, enclose or otherwise change the shape, size, location, amount layout and extent nature of the Common Area; Area (including without limitation to relocate the ingress and egress easement defined as the “South Driveway” in the Reciprocal Access Easement Agreement dated May 22, 2006, among the Board of Regents of the University of Wisconsin System, Landlord, EMD Biosciences, Inc. (a predecessor in interest to Tenant), and Wisconsin Energy Conservation Corp. (the “Easement Agreement”)), provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have (1) reasonable access to and use of the Leased Premises is provided, (2) Landlord uses reasonable measures to minimize any disruption or interruption to the conduct of Tenant’s business operations at the Leased Premises, (3) Landlord shall not reduce the number of parking spaces available to Tenant on the Property except in accordance with Section 1.7 above, (4) Landlord shall not unreasonably or continuously interfere with the loading dock access at the Leased Premises, (5) direct pedestrian access shall always be provided (subject to relocation to alternate paths on a temporary basis as reasonably necessary to accommodate temporary construction conditions) from the Leased Premises to Innovation One so long as Tenant, or an affiliate leases space in Innovation One, and (6) any development of the southeast corner of the Surface Lot (other than the development of the Knowledge Road right of way) shall be subject to the prior approval of Tenant, not to be unreasonably withheld. Notwithstanding the foregoing, however, Tenant acknowledges that in all events Landlord, subject to the limitations in items (1)-(6) above, shall have the right, at all times during the term of this Lease, (i) to develop the Knowledge Road right of way, whether as a public or Landlord agrees to allow Tenant to access the University Research Park Data Network (“URPNet”) from the Leased Premises. URPNet is a high-speed communications service, linking computers located at the University Research Park to the University of Wisconsin-Madison campus and national computer networks. URPNet is meant to encourage technology and information transfer between companies and the University of Wisconsin-Madison researchers, staff and students. URPNet consists of a fiber optic-based Ethernet serving portions of the University Research Park and connected to the Metropolitan United Fiber Network. Individual workstations are connected to URPNet using twisted-pair Ethernet compatible cabling. URPNet is connected to the Campus System Ethernet. Landlord will allow Tenant to access the URPNet service with an initial system-wide capacity of 1 Gigabit/second. Tenant’s use of URPNet is subject to acceptable use policies promulgated from time to time by Landlord. Landlord reserves the right to limit or deny any Tenant’s use of URPNet as a result of repeated violations of promulgated acceptable use policies. Tenant’s use of the Campus resources and certain databases may be limited and may require negotiation of separate agreements between Tenant and the University of Wisconsin-Madison. Attached is a description of certain services that may be available to Tenant (Exhibit E). In no event shall Landlord be liable for an interruption or failure in the supply of service between URPNet to the Leased Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehiclesusage of, or failure to access, URPNet unless such is caused by the trucks reckless or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval intentional misconduct of Landlord. Landlord shall at acknowledges and agrees that all times operateof Tenant’s information and data conveyed via the URPNet is proprietary and confidential and, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum Onesuch, the cost University of Wisconsin and Landlord have no rights to use, collect or store such repairinformation except such use, maintenance, operation, insurance collection or storage as would normally be done by a commercial Internet Service Provider (“ISP”). Landlord agrees that Tenant may also use any other ISP and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall Landlord agrees to grant whatever licenses or easement which may be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided required in Paragraph 12 belowconnection with the same.

Common Area. Subject to If the terms and conditions Premises are part of this Lease and such rules and regulations as a common-interest subdivision (herein the "Project"), the Landlord may from time to time reasonably prescribe, hereby grants Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking "Common Areas" thereof. Such Common Areas constitute the areas and facilities provided and outside the Premises designated by Landlord for the general non-exclusive use of Tenant and convenience other lessees of the occupants Project and such tenant's respective employees, suppliers, shippers, customers, and invitees. The Common Areas include parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, and landscaped areas. If the Premises are in a Project, the Tenant acknowledges that this Lease is subject to pre-existing recorded instruments (herein the "Project Documents") affecting the Common Areas and the operation of businesses within the Project. Tenant hereby agrees to comply with the terms of the Parcel, which areas Project Documents and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to affecting the use of the Common AreaAreas. Upon Tenant's request, Landlord shall deliver to Tenant a current Preliminary Title Report or Title Report and all underlying documents shown as exceptions to title affecting the Premises. Upon the discovery of any part document affecting title which would prohibit or parts thereof, as Landlord may reasonably deem appropriate for the best interest restrict Tenant's use of the occupants Premises for a retail entertainment software or video rental and sales store, then Tenant may terminate this Lease upon thirty (30) days' prior written notice to Landlord, unless Landlord is able to remove such prohibition or restriction within said 30-day period. Notwithstanding the foregoing, Landlord understands and agrees that the Premises can be used by tenant as a retail entertainment software or video sales and rental store and Tenant's ability to so use the Premises is a condition precedent to this Lease. Landlord represents that nothing contained in the Project Documents or applicable zoning will prohibit construction of the BuildingBuilding as contemplated in this Lease. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions changes to the Common Area without prior written approval or other improvements in the Project which would adversely impact the visibility of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair or access to the Common Area in good order, condition and repair. The manner in which Premises or reduce parking available to the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein Premises or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord otherwise interfere with Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below's business.

Common Area. Subject to If the terms and conditions Premises are part of this Lease and such rules and regulations as a common-interest subdivision (herein the "PROJECT"), the Landlord may from time to time reasonably prescribe, hereby grants Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking "COMMON AREAS" thereof. Such Common Areas constitute the areas and facilities provided and outside the Premises designated by Landlord for the general non- exclusive use of Tenant and convenience other lessees of the occupants Project and such tenant's respective employees, suppliers, shippers, customers, and invitees. The Common Areas include parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, and landscaped areas. If the Premises are in a Project, the Tenant acknowledges that this Lease is subject to pre-existing recorded instruments (herein the "PROJECT DOCUMENTS") affecting the Common Areas and the operation of businesses within the Project. Tenant hereby agrees to comply with the terms of the Parcel, which areas Project Documents and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to affecting the use of the Common AreaAreas. Upon Tenant's request, Landlord shall deliver to Tenant a current Preliminary Title Report or Title Report and all underlying documents shown as exceptions to title affecting the Premises. Upon the discovery of any part document affecting title which would prohibit or parts thereof, as Landlord may reasonably deem appropriate for the best interest restrict Tenant's use of the occupants Premises for a retail entertainment software or video rental and sales store, then Tenant may terminate this Lease upon thirty (30) days' prior written notice to Landlord, unless Landlord is able to remove such prohibition or restriction within said 30-day period. Notwithstanding the foregoing, Landlord understands and agrees that the Premises can be used by tenant as a retail entertainment software or video sales and rental store and Tenant's ability to so use the Premises is a condition precedent to this Lease. Landlord represents that nothing contained in the Project Documents or applicable zoning will prohibit construction of the BuildingBuilding as contemplated in this Lease. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions changes to the Common Area without prior written approval or other improvements in the Project which would adversely impact the visibility of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair or access to the Common Area in good order, condition and repair. The manner in which Premises or reduce parking available to the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein Premises or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord otherwise interfere with Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below's business.