Common use of Common Area Clause in Contracts

Common Area. Landlord grants Tenant the non-exclusive right, together with all other occupants of the Building and their agents, employees and invitees, to use the Common Area during the Term. For purposes of this Lease, “Common Area” means the parking area, driveways, lobby areas, multitenant corridors and 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 tenants. Landlord, at 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 the quality of the Building. 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 lease the same to tenants; (c) temporarily close any portion of the Common Area (i) for repairs, improvements or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape and size of the Common Area; (e) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common Area, including, but not limited to, any parking facilities comprising a portion of the Common Area (which must be applied in a non-discriminatory manner). Notwithstanding the above, Tenant shall have the right to use the conference facility on the first floor and/or the third floor of the Building the “Conference Facility”) at no charge one (1) time per year and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Building) based upon availability of such Conference Facility.

Common Area. Landlord grants Tenant 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 right, together with all other occupants use of tenants (including the Tenant) of the Building and their agentsof which the Demised Premises are a part, employees and 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 during in common with Landlord and other tenants of the Term. For purposes 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” means . 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 parking areaCommon Area and all improvements thereon in commercially acceptable first class condition and repair suitable for occupants of commercial office space, drivewaysincluding making replacements where necessary, lobby areasand in compliance with all applicable laws and governmental regulations. Landlord will, multitenant corridors and landscaped areas, as well as other areas of the Building and Land which Landlord may designate from time to time time, promulgate rules and regulations governing the use of the Common Area. Except as common area available to all tenants. Landlordspecifically provided otherwise herein (including, at Landlord’s reasonable discretionwithout limitation, may make changes those Tenant obligations set forth in subparagraphs 3.2, 7.5, 12.1, and 12.3), Landlord will, with respect 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 Area, pay and the quality of the Building. Landlord’s rights regarding the Common Area includebe responsible for: (a) supervision, management, inspection, security protection and traffic direction; (b) utilities, including but are not limited to, the right to lighting, heating and removing rubbish (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosksexcluding Tenant’s garbage and rubbish), displays, carts or stands in the Common Area dirt and lease the same to tenantsdebris; (c) temporarily close any portion of the Common Area (i) for repairs, improvements or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgmentremoving snow and ice; (d) change window cleaning and replacement, to include the shape and size regular washing of all exterior Building windows of the Common AreaDemised Premises and elsewhere on the Building; (e) addmaintenance of HVAC, eliminate or change 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 location of any improvements located in the Common Area above; (h) all premiums on workmen’s compensation, casualty, public liability, property damage and construct buildings or other structures in insurance on the Common Area; and (fi) impose all taxes and revise reasonable Rules and Regulations concerning use of other charges levied or assessed against the Common Area, includingthe Land and the Building. 7.4. Subject to the rules and regulations described in subparagraphs 4.2 and 7.2, but not limited to, any parking facilities comprising a portion of the Common Area (which must be applied in a non-discriminatory manner). Notwithstanding is reserved for the above, Tenant shall have exclusive use of Landlord and the right to use the conference facility on the first floor and/or the third floor 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 “Conference Facility”) at no charge one (1) time per year extent that Landlord or Tenant, and may use such Conference Facility on additional occasions at Tenant’s option at 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 rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants result of unauthorized entrances by persons into the Building) based upon availability of such Conference FacilityBuilding or the Common Area or for any other security violation.

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

Common Area. 7.1 The "COMMON AREA" is the part of the Shopping Center designated by Landlord grants 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. Landlord shall maintain the Common Area and keep it clean and free of snow and ice. Landlord may from time to time: change the dimensions and location of the Common Area, as well as the location, dimensions, identity and type of buildings; construct additional buildings or additional stories on existing buildings or other improvements in the Shopping Center; and eliminate buildings. Tenant the and its employees, customers, subtenants, licensees and concessionaires shall have a non-exclusive right, together with all other occupants of the Building and their agents, employees and invitees, license to use the Common Area during the Term. For purposes of this Leasein common with Landlord, “Common Area” means the parking area, driveways, lobby areas, multitenant corridors and landscaped areas, as well as other areas tenants of the Building Shopping Center and Land which other persons permitted by Landlord to use the same. Landlord may designate promulgate and modify from time to time as common area available to all tenants. Landlordreasonable and nondiscriminatory rules and regulations for the safety, at 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 care or adversely affect the Tenant’s access and the quality cleanliness of the BuildingShopping Center which shall be complied with by Tenant and its employees, agents, visitors and invitees. 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 lease the same to tenants; (c) Landlord may temporarily close any portion part of the Common Area (i) for repairssuch periods of time as may be reasonably necessary for construction, improvements repair or maintenance, promotional activities or to prevent the public from obtaining prescriptive rights or to make repairs or alterations, (ii) . Landlord may designate areas in which Tenant's employees shall be required to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape and size of the Common Area; (e) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common Area, including, but not limited to, any parking facilities comprising a portion of the Common Area park (which must may be applied in located off the Shopping Center if Landlord provides a non-discriminatory mannerreasonable shuttle service). Notwithstanding the above, and Tenant shall cause its employees to park in such areas. Landlord shall also have the right to designate office and residential parking areas. Landlord reserves the right to charge for use of any multi-level parking structures. 7.2 Landlord may from to time to time substitute for any parking area shown on EXHIBIT B other areas or multi-level parking facilities reasonably accessible to the conference facility on the first floor and/or the third floor of the Building the “Conference Facility”) at no charge one (1) time per year and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Building) based upon availability Shopping Center. 7.3 Provided Tenant is not in default under this Lease beyond any applicable notice and cure period, Landlord agrees to place a station for pick up and drop off of such Conference Facilityvehicles in front of the Premises for the parking valet system serving the Shopping Center and to maintain service at this station during the Term of the Lease during the hours Tenant is open for business to the public.

Common Area. Landlord grants Tenant the non-exclusive right, together with all other occupants of the Building and their agents, employees and invitees, to use the Common Area during the Term. For purposes of this Lease, “A. The term "Common Area” " means the parking area, driveways, lobby areas, multitenant corridors and landscaped areas, as well as other areas of the Building and Land which Landlord may designate entire area designated from time to time as by Lessor for the common area available to all tenants. Landlord, at 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 use or adversely affect the Tenant’s access and the quality benefit of the Building. 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 lease the same to tenants; (c) temporarily close any portion occupants of the Common Area Shopping Center and other persons entitled to use the same, including, without limitation, parking lots (i) permanent and temporary), landscaped and vacant areas, passages for repairstrucks and automobiles, improvements or alterationsarea-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 (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape and size of the Common Area; (e) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common Area, 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). 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 hereby made available to Lessee and its employees, agents, customers and invitees for their reasonable nonexclusive use in common with others, including other tenants and their employees, agents, customers, invitees, and Lessor for the purposes for which constructed. Lessor shall have the right: to change the location and arrangement of parking areas and other Common Area provided that 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 parking facilities comprising a 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, licensees, customers and business invitees. Lessee shall not solicit business or display merchandise within the Common Area, or distribute handbills therein, or take any action which must be applied in a non-discriminatory manner). Notwithstanding would interfere with the above, Tenant shall have the right rights of other persons to use the conference facility on Common Area without the first floor and/or the third floor prior written consent of the Building the “Conference Facility”) at no charge one (1) time per year and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Building) based upon availability of such Conference FacilityLessor.

Common Area. Common Areas" shall mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord grants for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the non-exclusive rightBuilding, together with including but not limited to, tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, the Garage, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and 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 and their agents, employees and invitees, to use the Common Area during the Term. For purposes of this Lease, “Common Area” means the parking area, driveways, lobby areas, multitenant corridors and 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 tenants. Landlord, at Landlord’s reasonable discretion, may make changes to the Common Area so long as it does will not unreasonably interfere with Tenant’s ability to conduct business or adversely affect the Tenant’s access and the quality of the Building. Landlord’s rights regarding the Common Area include, 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 lease the same to tenants; (c) temporarily close any portion of the Common Area (i) for repairs, improvements or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape and size of the Common Area; (e) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common Areahave access, including, but not limited to, any parking facilities comprising mechanical, telephone, electrical, maintenance, janitorial and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a portion of the Common Area (which must be applied in a non-discriminatory manner). Notwithstanding the above, Tenant shall have the nonexclusive right to use the conference facility on Common Areas and Service Corridors during the first floor and/or term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the third floor terms and conditions 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 Building Landlord. Subject to Tenant's repair and maintenance obligations under this Lease, Tenant agrees and acknowledges that the “Conference Facility”) at no charge Premises (whether consisting of less than one (1) time per year and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants floor or consisting of one or more full floors within the Building) based upon availability do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of such Conference Facilitythe Premises.

Common Area. Landlord grants (A) Subject to subparagraph (C) below, Tenant and its employees, agents, and customers shall have the non-exclusive right, together with all other occupants right to the use or benefit of the Building and their agents, employees and invitees, to use the Common Area during to the Termextent and in the manner reasonably designated by Landlord. For purposes of Except as otherwise specified in this Lease, Landlord agrees to make all necessary repairs and maintenance to the Common Area to keep same in good condition, including without limitation sweeping and removal of snow, ice and refuse, and landscaping maintenance. (B) “Common Area” means 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 limitation): parking areaareas, driveways, lobby areastruck serviceways, multitenant corridors sidewalks and curbs; entrances and exits from the adjacent streets; traffic lights, traffic islands, landscaped areas; meter rooms outside individual stores; fencing; lighting facilities; sprinkler system serving landscaped areas or buildings; sewage system outside tenants’ stores; roofs, as well as other areas gutters and downspouts and the exterior of outside walls (excluding storefronts) of buildings (without implying Tenant may use the Building roofs or outside walls); directional or safety signs; Landlords pylon signs (but not individual tenant panels) and Land 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 may designate reserves the right at any time and from time to time as common area available to all tenants. Landlord, at Landlord’s reasonable discretion, may make changes change or reduce or add 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 the quality of the BuildingArea. Landlord’s rights regarding the Common Area include, but shall be under the exclusive control and management of Landlord (including the hours that parking area lights 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 lease the same to tenants; (c) temporarily close any portion of the Common Area (i) for repairs, improvements or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape and size of the Common Area; (e) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common Area, including, but not limited to, any parking facilities comprising a portion of the Common Area (which must be applied in a non-discriminatory mannerkept on). Notwithstanding Tenant and its employees shall park their vehicles only in 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 aboveemployee parking areas, Tenant Landlord shall have the right to use the conference facility on the first floor and/or the third floor of the Building the “Conference Facility”) at no charge one (1) time per year and may use tow such Conference Facility on additional occasions vehicle at Tenant’s option at a rate expense and/or levy an assessment against Tenant of Forty ($40.00) Dollars per use as defined day for each vehicle. Tenant shall not permit trucks or delivery vehicles used by it to be parked in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants the Common Area except where Landlord permits. Landlord may impose parking charges by meter or otherwise, and may close parts of the BuildingCommon Area for such time necessary in its opinion to prevent a dedication or 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) based upon availability of such Conference Facilityto keep the Common Area illuminated to any extent after 10:00 P.M. or on any Sunday or legal holiday.

Common Area. Landlord grants Tenant a. The “Common Area” is the non-exclusive rightentire 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 includes, together with without limitation, all other occupants structural components of the Building Shopping Center, and all facilities in the Shopping Center that are intended for common use by all tenants, and their agentscustomers, employees invitees and employees, which Common Area also includes, but is not limited to driveways, driving lanes, parking areas, lighting, service areas, pylons, signs, sidewalks and landscaping. b. Tenant and Tenant’s invitees, customers and employees shall have the nonexclusive right to use the Common Area during in common with Landlord, and all other tenants of the TermRetail Portion and their permitted occupants, and their respective invitees, customers 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. For purposes The manner of this Leaseoperation and the expenditures therefore shall be in Landlord’s discretion. Landlord shall have the right to designate, “relocate and limit the use of particular areas or portions of the Common Area” means Area for the parking areaefficient management, drivewaysoperation, lobby areasmaintenance and use thereof, multitenant corridors and landscaped areasTenant 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 areas displays in the Common Areas. d. Subject to the provisions of the Building and Land which Lease, Landlord may designate from time to time as common area available to all tenants. Landlord, at Landlord’s reasonable discretion, may make changes to shall maintain the Common Area so long as it does not unreasonably interfere with Tenant’s ability in good repair, including establishing (to conduct business or adversely affect the Tenant’s access 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 quality operation, maintenance, repair and replacement of the Building. Landlord’s rights regarding the Common Area includeand for the management of the Shopping Center, but are not limited toincluding without limitation expenses for: (i) property management fees for Shopping Center; (ii) cleaning, the right sweeping and janitorial services; (iii) removal of rubbish; (iv) snow and ice removal’; (v) labor (including payment of wages, benefits and payroll taxes) to (a) restrain unauthorized persons from using maintain the Common Area; (b) place permanent or temporary kiosksvi), displays, carts or stands materials and supplies in connection with the Common Area operation and lease the same to tenants; (c) temporarily close any portion of the Common Area (i) for repairs, improvements or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape and size maintenance of the Common Area; (evii) addproviding and maintaining utility systems and services, eliminate including payment of sewer service fees; (viii) maintaining, repairing, reserving for replacement of and replacing all sidewalks, curbs, walkways and paved areas, as well as the roof and structural portions of the all portions of the Shopping Center; (ix) landscaping, planting and irrigation systems; (x) signs; (xi) trash facilities, loading and delivery areas; (xii) lighting, drainage, and directional markers and bumpers; (xiii) maintaining and repairing security systems and alarms; (xiv) payment of premiums for workers’ compensation insurance, commercial general liability insurance and casualty insurance maintained by 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 change the location of any improvements located straight-line depreciation on tools, machinery and equipment used in the Common Area and construct buildings or other structures in connection with the Common Area; (xvi) payment of all personal property taxes and (f) impose and revise reasonable Rules and Regulations concerning use of assessments levied or assessed against personal property located 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, includingincluding servicing, but not limited tomaintaining and monitoring any fire sprinkler system; (xix) any alterations, any parking facilities comprising a portion of additions, or improvements required to be made to the Common Area in order to comply with applicable laws, orders or regulation; and, (which must be applied xx) all other items necessary to keep the Common Area in a non-discriminatory manner). Notwithstanding the above, Tenant shall have the right to use the conference facility on the first floor and/or the third floor state of the Building the “Conference Facility”) at no charge one (1) time per year good sanitary condition and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Building) based upon availability of such Conference Facilityrepair.