Common use of Common Areas and Parking Facilities Clause in Contracts

Common Areas and Parking Facilities. 18.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit D, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 18.2 Tenant shall have a non-exclusive, revocable license to use its pro-rata share of the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project. 18.3 Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 18.4 Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Common Areas and Parking Facilities. 18.1 15.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit D, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or NY\5747656.2 invitee thereof of any of the Rules and Regulations. Landlord will enforce the Rules and Regulations in a non‑discriminatory manner. 18.2 15.2 Tenant shall have the non-exclusive right to use Common Area driveways and parking facilities for operation of a shuttle service to transport Tenant’s employees and invitees across the Entire Campus in accordance with plans subject to Landlord’s approval, such approval not to be unreasonably withheld, delayed or conditioned. Tenant shall be solely responsible for any and all costs, expenses and liabilities associated with such shuttle service and shall indemnify Landlord for any and all losses, costs, damages, judgments and all reasonable expenses incurred in connection with the same. Tenant shall have the right to operate such shuttle service itself or to engage a licensed, third party operator to do so, subject to Landlord’s prior written approval of such third party operator. Tenant shall obtain and maintain such additional insurance coverages as may be reasonably required by Landlord with respect to such shuttle service (e.g., automobile and additional public liability coverage), such insurance coverages to comply with the terms of Article 17 to the extent applicable. Any such shuttle service shall be operated in compliance with all Applicable Laws, and Tenant shall not interfere with the occupancy and operations of any other tenant at the Entire Project. Landlord reserves the right to rescind Tenant’s rights hereunder if Landlord reasonably determines such shuttle service is threatening the health or safety of any occupant of the Entire Project or if such service is interfering with the rights of Landlord or any other tenant in the Entire Project. 15.3 Tenant shall have a non-exclusive, revocable license to use its pro-rata share Pro Rata Share (of the Entire Project) of the parking facilities serving the Building Entire Project in common on an unreserved basis with other tenants of the Building Buildings and the Entire Project; provided, however, that Tenant shall have the exclusive right to use the Exclusive Parking Garage, and no additional Basic Annual Rent shall be payable therefor. All parking spaces in the Exclusive Parking Garage shall be deducted from (and not in addition to) Tenant’s Pro Rata Share of parking facilities serving the Entire Project. As Tenant’s Pro Rata Share changes from time to time, Tenant’s parking rights shall automatically adjust accordingly. If Tenant ceases to lease a portion of Building 8 and/or Building 9, but this Lease remains in effect as to the remainder thereof, then Landlord shall have the right to elect whether (a) Tenant shall maintain the exclusive right to use the Exclusive Parking Garage or (b) another tenant at the Entire Project may use the Exclusive Parking Garage. Landlord shall have no obligation to police the spaces or remove unauthorized vehicles. Subject to Landlord’s prior reasonable approval, Tenant shall have the right from time to time, so long as Tenant maintains the exclusive right to use the Exclusive Parking Garage (or a portion thereof), to install gates and other security features in the Exclusive Parking Garage (or the applicable portion thereof), and to provide key card access to the Exclusive Parking Garage to its employees and invitees; provided that Landlord shall at all times have access to the Exclusive Parking Garage in accordance with the terms of this Lease, and such installations and/or systems shall not interfere with Landlord’s rights to institute parking controls in the Exclusive Parking Garage pursuant to Section 15.4. Any and all such installations and key card systems shall be paid for by Tenant, and Tenant shall be solely responsible for all maintenance and repair of the same throughout the Term. 18.3 15.4 Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants (except with respect to the Exclusive Parking Garage for so long as Tenant has the sole and exclusive right to use the same) in the use of the parking facilities. Landlord reserves the right to determine that parking facilities (other than the Exclusive Parking Garage for so long as Tenant has the sole and exclusive right to use the same) are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building Buildings or the Entire Project. Landlord may, but shall not be obligated to, institute parking controls within the parking facilities, including the Exclusive Parking Garage (e.g., parking tag or permit systems). Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. Notwithstanding the foregoing, the amount of parking spaces available shall not be less than the amount required by applicable zoning laws. 18.4 15.5 Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property. The cost of such modifications by Landlord shall not be charged to Tenant acknowledges that Landlord specifically reserves as an Operating Expense so long as they are not part of Landlord’s reasonable maintenance and repair of such Common Areas in the right to allow the exclusive use ordinary course of corridors and restroom facilities located on specific floors to one or more tenants occupying such floorsbusiness; provided, however, that Tenant this Section shall not be deprived of the use of the corridors reasonably required in no event apply to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.any capital outlays made by Landlord pursuant to Article 61. NY\5747656.2

Common Areas and Parking Facilities. 18.1 15.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit D, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute reasonable discretion (the “Rules and Regulations”)) so long as such Rules and Regulations do not materially interfere with or prevent Tenant from operating the Premises for the Permitted Use. Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 18.2 15.2. Tenant shall have a non-exclusive, revocable license license, without charge, to use its pro-rata share Tenant’s Pro Rata Share of the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project. Landlord shall continuously provide Tenant with parking spaces located on the Property and sufficient in number to at least satisfy the minimum parking requirements of Applicable Laws. Landlord shall designate visitor parking stalls near the entrance of the Building for use by visitors of all tenants of the Building or the Property. 18.3 15.3. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to reasonably determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 18.4 15.4. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real propertyproperty so long as such modifications do not materially interfere with or prevent Tenant from operating the Premises for the Permitted Use or materially increase Tenant’s Pro Rata Share of Operating Expenses. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Common Areas and Parking Facilities. 18.1 15.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit D, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 18.2 15.2. Tenant shall have a non-exclusive, revocable license to use its pro-rata share Tenant’s Pro Rata Share of the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project. 18.3 15.3. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 18.4 15.4. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Common Areas and Parking Facilities. 18.1 15.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit D, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion discretion, provided that such rules and regulations shall not unreasonably interfere with the operation of Tenant’s business (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 18.2 15.2. Tenant shall have a non-exclusive, revocable license to use its pro-rata share Tenant’s Pro Rata Share of the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project. 18.3 15.3. Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 18.4 15.4. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Common Areas and Parking Facilities. 18.1 15.1 Tenant shall have the non-exclusive nonexclusive right, in common with others, to use the Common Areas, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit D, “F” together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe ) and comply with the Rules and Regulations. Landlord shall not be responsible delivered to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 18.2 Tenant shall have a non-exclusive, revocable license to use its pro-rata share of the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project. 18.3 Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 18.4 Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floorswriting; provided, however, that such rules and regulations are applicable to all occupants of the Project, and, if changed, do not increase the cost of Tenant’s conduct of business in the Premises, and do not unreasonably interfere with Tenant’s use and enjoyment of the Premises and Common Areas. 15.2 Tenant shall not be deprived place any equipment, storage containers or any other property on the surface parking area or otherwise outside of the Premises without the consent of Landlord, which consent shall be in the sole discretion of Landlord. Tenant may use the existing exterior trash facilities in common with other tenants of the corridors Building, or, if reasonably required to serve necessary, may locate its own trash receptacle outside of the Premises at a location approved by Landlord. In the event Tenant elects to locate Hazardous Material storage facilities, water systems, mechanical equipment, emergency generators, or other Tenant Improvements in the parking area, the space used for such facilities shall be deducted from Tenant’s Pro Rata Share of restroom facilities serving parking described below. 15.3 As an appurtenance to the floor upon which Premises, Tenant, and its employees and invitees, shall be entitled to use, free of charge, the Premises are locatedparking spaces on the Project in common other tenants of the Project on a non-reserved basis. The Project shall have approximately 3.3 parking spaces for each 1,000 square feet of Rentable Area of the Project and shall not be oversubscribed by Landlord.

Common Areas and Parking Facilities. 18.1 15.1 Tenant shall have the non-exclusive right, in common with others, to use the Project Common Areas, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit D, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole discretion. Landlord agrees that the rules and absolute discretion (regulations shall not be changed, revised or enforced in any unreasonable way by Landlord, nor modified or added to by Landlord in such a way as to unreasonably interfere with Tenant's permitted use of the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and RegulationsDemised Premises set forth in this Lease. Landlord shall not be responsible to Tenant for enforce the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any rules and regulations in a manner which shall unreasonably interfere with the Permitted Use of the Rules and RegulationsDemised Premises as set forth in Section 2.1.8 herein. 18.2 15.2 As an appurtenance to the Demised Premises, fifty (50) of the covered parking stalls located on the Project shall be reserved to Tenant, such stalls to be selected by Landlord. Tenant shall have pay Landlord a non-exclusivemonthly rate of ninety dollars ($90) per stall (the "Parking Rate"). The Parking Rate may be adjusted ------------ as determined by Landlord at any time after the first year of the Term, revocable license not to exceed an increase of five percent (5%) in any calendar year. Tenant acknowledges that Landlord has previously assigned certain parking stalls to another tenant of the Project, and that Tenant has the right to use only its pro-rata share of the assigned parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Projectstalls. 18.3 15.3 Tenant agrees not to unreasonably overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s 's use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants tenants. In the alternative, if Landlord determines that Tenant's customers, clients, or invitees appear to be using more than the number of parking spaces that would otherwise be attributable to a reasonable number of parking spaces for Tenant's use, Landlord may require Tenant and its employees to obtain parking outside the Building or the ProjectProject for such unreasonable excess uses. Nothing However, nothing in this Section, however, Section 15.3 is intended to create an affirmative duty on Landlord’s 's part to monitor parking. 18.4 15.4 Landlord reserves the right to modify the Project Common Areas, Areas including the right to add or remove exterior and interior landscaping and to subdivide real propertylandscaping. Tenant acknowledges Landlord agrees that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant Project Common Areas shall not be deprived include any excess unimproved land development, but shall only include improved areas available to serve a completed building, where the area of the use completed building is used to determine Tenant's Pro Rata Share of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are locatedProject Operating Expenses.