Common use of Common Areas Clause in Contracts

Common Areas. TENANT recognizes that the common area facilities which may include such items as a Fitness Center, Sauna, Volleyball Court, BBQ Area, Swimming Pool, Parking Garage, Commercial Spaces, Television Room, Hot Tubs, Theater Room, Game Room, Study Lounge, Business Center or other similar facilities (hereinafter said Common Area Facilities are collectively referred to as “FACILITIES”) have been made available by LANDLORD to TENANT. Policies for FACILITIES are posted in a conspicuous location and MUST be observed at all times. Anyone who violates these policies risks losing the privilege of using these FACILITIES and/or eviction. Only TENANT and invited guests accompanied by TENANT may use the FACILITIES provided by LANDLORD. FACILITIES may be used by such persons only in strict compliance with posted FACILITY policies and procedures. From time to time supplemental rules and regulations may be adopted by LANDLORD with respect to each FACILITY and will either be posted in appropriate areas or furnished in writing to tenants. Neither TENANT nor TENANT’S guests may use the FACILITIES, parking lots or grounds in such a manner that interferes with the enjoyment of other tenants. The driveways, sidewalks, courts, entry passages, stairs and halls shall not be obstructed or used for any purpose other than ingress and egress. Bicycles and other like vehicles shall not be allowed to obstruct the driveways, sidewalks, courts, entry passages, stairs or halls. Use of Common Areas within the PROPERTY shall be governed by these RULES AND REGULATIONS and any Policies posted in the FACILITIES and shall be used at the risk of TENANT and TENANT’S family and guests. No guest shall be permitted within the FACILITIES unless TENANT is also present. Glass containers pose a serious risk of injury and are prohibited anywhere in the Common Areas on the PROPERTY. In order to use FACILITIES, TENANT agrees that:

Common Areas. TENANT recognizes that the common area facilities which may include such items as a Fitness Center, Sauna, Volleyball Court, BBQ Area, Swimming Pool, Parking Garage, Commercial Spaces, Television Room, Hot Tubs, Theater Room, Game Room, Study Lounge, Business Center or other similar facilities (hereinafter said Common Area Facilities are collectively referred to as “FACILITIES”) have been made available by LANDLORD to TENANT. Policies for FACILITIES are posted in a conspicuous location and MUST be observed at all times. Anyone who violates these policies risks losing the privilege of using these FACILITIES and/or eviction. Only TENANT and invited guests accompanied by TENANT may use the FACILITIES provided by LANDLORD. FACILITIES may be used by such persons only in strict compliance with posted FACILITY policies and procedures. From time to time supplemental rules and regulations may be adopted by LANDLORD with respect to each FACILITY and will either be posted in appropriate areas or furnished in writing to tenants. Neither TENANT nor TENANT’S guests may use the FACILITIES, parking lots or grounds in such a manner that interferes with the enjoyment of other tenants. The driveways, sidewalks, courts, entry passages, stairs and halls shall not be obstructed or used for any purpose other than ingress and egress. Bicycles and other like vehicles shall not be allowed to obstruct the driveways, sidewalks, courts, entry passages, stairs or halls. Use of Common Areas within the PROPERTY shall be governed by these RULES AND REGULATIONS and any Policies posted in the FACILITIES and shall be used at the risk of TENANT and TENANT’S family and guests. No guest shall be permitted within the FACILITIES unless TENANT is also present. TENANT indemnifies LANDLORD and holds LANDLORD harmless against all claims for personal injury sustained by TENANT and TENANT’S family and/or guests in their use and enjoyment of the FACILITIES. Glass containers pose a serious risk of injury and are prohibited anywhere in the Common Areas on the PROPERTY. In order to use FACILITIES, TENANT agrees that:

Common Areas. TENANT recognizes that Common Areas" shall mean all areas, spaces, facilities and equipment (whether or not located within the common area facilities which may include such items as a Fitness Center, Sauna, Volleyball Court, BBQ Area, Swimming Pool, Parking Garage, Commercial Spaces, Television Room, Hot Tubs, Theater Room, Game Room, Study Lounge, Business Center or other similar facilities (hereinafter said Common Area Facilities are collectively referred to as “FACILITIES”Building) have been made available by LANDLORD Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to TENANT. Policies the Building, Building lobbies, 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 FACILITIES tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are posted in a conspicuous location and MUST be observed at all times. Anyone who violates these policies risks losing the privilege of using these FACILITIES and/or eviction. Only TENANT and invited guests accompanied reasonably designated by TENANT may use the FACILITIES provided by LANDLORD. FACILITIES may be used by such persons only in strict compliance with posted FACILITY policies and procedures. From Landlord from time to time supplemental rules as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and regulations may be adopted all corridors that are not open to the public but which are available for use by LANDLORD with respect Tenant and others designated by Landlord. "Service Areas" will refer to each FACILITY areas, spaces, facilities and will either be posted in appropriate areas equipment serving the Building (whether or furnished in writing not located within the Building) but to tenants. Neither TENANT nor TENANT’S guests may use the FACILITIES, parking lots or grounds in such a manner that interferes with the enjoyment of other tenants. The driveways, sidewalks, courts, entry passages, stairs and halls shall not be obstructed or used for any purpose other than ingress and egress. Bicycles which Tenant and other like vehicles shall occupants of the Building will not be allowed have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to obstruct the driveways, sidewalks, courts, entry passages, stairs or halls. Use of Common Areas within the PROPERTY shall be governed by these RULES AND REGULATIONS and any Policies posted in the FACILITIES and shall be used at the risk of TENANT and TENANT’S family and guests. No guest shall be permitted within the FACILITIES unless TENANT is also present. Glass containers pose a serious risk of injury and are prohibited anywhere in use the Common Areas and Service Corridors during the Term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) 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 the PROPERTY. In order to use FACILITIES, TENANT agrees that:Premises.

Common Areas. TENANT recognizes that the common area facilities which may include such items as a Fitness Center, Sauna, Volleyball Court, BBQ Area, Swimming Pool, Parking Garage, Commercial Spaces, Television Room, Hot Tubs, Theater Room, Game Room, Study Lounge, Business Center or other similar facilities (hereinafter said Common Area Facilities are collectively referred to as “FACILITIES”) have been made available by LANDLORD to TENANT. Policies for FACILITIES are posted in a conspicuous location and MUST be observed at all times. Anyone who violates these policies risks losing the privilege of using these FACILITIES and/or eviction. Only TENANT and invited guests accompanied by TENANT may use the FACILITIES provided by LANDLORD. FACILITIES may be used by such persons only in strict compliance with posted FACILITY policies and procedures. From time to time supplemental rules and regulations may be adopted by LANDLORD with respect to each FACILITY and will either be posted in appropriate areas or furnished in writing to tenants. Neither TENANT nor TENANT’S guests may use the FACILITIES, parking lots or grounds in such a manner that interferes with the enjoyment of other tenants. The driveways, sidewalks, courts, entry passages, stairs and halls shall not be obstructed or used for any purpose other than ingress and egress. Bicycles and other like vehicles shall not be allowed to obstruct the driveways, sidewalks, courts, entry passages, stairs or halls. Use of Common Areas common areas within the PROPERTY shall be governed by these RULES AND REGULATIONS and any Policies posted in the FACILITIES and shall be used at the risk of TENANT and TENANT’S family and guests. No guest shall be permitted within the FACILITIES unless TENANT is also present. TENANT indemnifies LANDLORD and holds LANDLORD harmless against all claims for personal injury sustained by TENANT and TENANT’S family and/or guests in their use and enjoyment of the FACILITIES. Glass containers pose a serious risk of injury and are prohibited anywhere in the Common Areas on the PROPERTY. In order to use FACILITIES, TENANT agrees that:

Common Areas. TENANT recognizes that the common area facilities which Common Areas of the Apartment Community may include such items amenities as a Fitness Centerfitness center, Saunasauna, Volleyball Courtvolleyball court, BBQ Areaarea, Swimming Poolswimming pool, Parking Garageparking garage, Commercial Spacescommercial spaces, Television Roomtelevision room, Hot Tubshot tubs, Theater Roomtheater room, Game Roomgame room, Study Loungestudy lounge, Business Center business center, or other similar facilities (hereinafter said Common Area Facilities are collectively referred to as “FACILITIESFacilities”) to the extent the Facilities have been made available by LANDLORD to TENANT. LANDLORD makes no representation as to what Facilities are available and reserves the right to alter, close, or eliminate one or more Facilities in the future. Notwithstanding anything to the contrary contained in these RULES AND REGULATIONS or the LEASE, TENANT shall not have any right to use the Common Areas, including the Facilities, following the termination of the LEASE and/or TENANT vacating the UNIT, except as a guest of a tenant. Policies for FACILITIES the Facilities are posted in a conspicuous location locations and MUST be observed at all times. Anyone who violates these policies risks losing the privilege of using these FACILITIES the Facilities and/or eviction. Only TENANT and invited guests accompanied by TENANT may use the FACILITIES provided by LANDLORD. FACILITIES The Common Areas may be used by such persons TENANT, OCCUPANT and TENANT’S Guests only in strict compliance with posted FACILITY the Lease, these RULES AND REGULATIONS, and policies and proceduresprocedures posted in the Facilities. TENANT shall not permit any guest to use the Common Areas without TENANT present. From time to time supplemental rules and regulations may be adopted by LANDLORD with respect to each FACILITY the Common Areas and Facilities and will either be posted in appropriate areas or furnished in writing to tenants. Neither TENANT nor TENANT’S guests may shall use the FACILITIESCommon Areas in a prudent manner consistent with the customary use of the Common Areas. TENANT may not use the Common Areas, including the Facilities, parking lots or grounds grounds, in such a manner that interferes with the enjoyment of other tenantstenants or in a manner which is offensive or dangerous to TENANT or any other users of the Common Areas. The driveways, sidewalks, courts, entry passages, stairs and halls shall not be obstructed or used for any purpose other than ingress and egress. Bicycles and other like vehicles personal property shall not be allowed to obstruct the driveways, sidewalks, courts, entry passages, stairs or halls. Glass containers pose a serious risk of injury and are prohibited anywhere in the Common Areas of the PROPERTY. LANDLORD does not provide attendants or supervision of any kind for the Common Areas. LANDLORD has made no representation (a) that LANDLORD has any expertise in the operation of the Common Areas, (b) that the Common Areas are fit for any particular purpose, or (c) as to the physical condition and operation of the Common Areas. LANDLORD reserves the right to prohibit use of the Common Areas to any individual that LANDLORD, in its sole judgment, believes has failed to comply with any of the provisions of the RULES AND REGULATIONS and the LEASE. TENANT may not access any Facilities, Common Areas, or commercial spaces during unauthorized hours or times. Use of Common Areas within the PROPERTY shall be governed by these RULES AND REGULATIONS and any Policies policies posted in the FACILITIES Facilities and shall be used at the sole risk of TENANT TENANT, OCCUPANT and TENANT’S family Guests. To the extent not prohibited by law, TENANT indemnifies LANDLORD and guests. No guest shall be permitted within the FACILITIES unless TENANT is also present. Glass containers pose a serious risk holds LANDLORD harmless against all claims for personal injury sustained by TENANT, OCCUPANT and TENANT’S Guests in their use and enjoyment of injury and are prohibited anywhere in the Common Areas on the PROPERTY. In order to use FACILITIES, TENANT agrees that:Areas.

Common Areas. TENANT recognizes that All parking areas, access roads and facilities furnished, made available or maintained by landlord in or near the common area facilities which may include such items as a Fitness Center, Saunaincluding employee parking areas, Volleyball Courttruck ways, BBQ Areadriveways, Swimming Poolloading docks and areas, Parking Garagedelivery areas, Commercial Spacesmulti-story parking facilities, Television Roompackage pickup stations, Hot Tubselevators, Theater Roomescalators, Game Roompedestrian sidewalks, Study Loungemalls, Business including the Enclosed Mall (as indicated for identification purposes on Exhibit "B"), courts and ramps, landscaped areas, retaining walls, stairways, bus stops, first-aid and comfort stations, lighting facilities, COMMON AREA PLUMBING AND sanitary systems, utility lines, COMMON AREA HVAC SYSTEMS AND EQUIPMENT, water filtration and treatment facilities and other areas and improvements provided by Landlord for the general use in common of tenants and their customers and department stores in the Center or other similar facilities (hereinafter said all herein called "Common Area Facilities are collectively referred Areas") shall at all times be subject to as “FACILITIES”the exclusive control and management of Landlord, and Landlord shall have the right, from time to time, to establish, modify and enforce reasonable rules and regulations with respect to all Common Areas. Tenant agrees to comply with all rules and regulations set forth in Exhibit "D" attached hereto and all reasonable amendments thereto. ANY MODIFICATIONS TO THE RULES AND REGULATIONS THAT ARE ADOPTED BY LANDLORD SHALL BE NON-DISCRIMINATORY WITH RESPECT TO ALL TENANTS OF THE CENTER AND SHALL BECOME EFFECTIVE ONLY AFTER NOT LESS THAN THIRTY (30) have been made available by LANDLORD to DAYS PRIOR WRITTEN NOTICE TO TENANT. Policies for FACILITIES are posted in a conspicuous location and MUST be observed at all timesIN THE EVENT OF ANY INCONSISTENCY BETWEEN ANY SUCH RULES AND REGULATIONS AND THE PROVISIONS OF THIS LEASE (INCLUDING ANY INCONSISTENCY BETWEEN RIGHTS GRANTED UNDER THIS LEASE AND RESTRICTIONS CREATED UNDER THE RULES AND REGULATIONS), THE TERMS OF THIS LEASE SHALL PREVAIL. Anyone who violates these policies risks losing Landlord shall have the privilege of using these FACILITIES and/or eviction. Only TENANT and invited guests accompanied by TENANT may use the FACILITIES provided by LANDLORD. FACILITIES may be used by such persons only in strict compliance with posted FACILITY policies and procedures. From right from time to time supplemental rules IN ITS REASONABLE DISCRETION to: change or modify and regulations may be adopted by LANDLORD with respect add to each FACILITY or subtract from the sizes, locations, shapes and will either be posted in appropriate areas or furnished in writing to tenants. Neither TENANT nor TENANT’S guests may use the FACILITIESarrangements of parking areas, entrances, exits, parking lots or grounds in such a manner that interferes with the enjoyment of other tenants. The driveways, sidewalks, courts, entry passages, stairs and halls shall not be obstructed or used for any purpose other than ingress and egress. Bicycles and other like vehicles shall not be allowed to obstruct the driveways, sidewalks, courts, entry passages, stairs or halls. Use of Common Areas within the PROPERTY shall be governed by these RULES AND REGULATIONS and any Policies posted in the FACILITIES and shall be used at the risk of TENANT and TENANT’S family and guests. No guest shall be permitted within the FACILITIES unless TENANT is also present. Glass containers pose a serious risk of injury and are prohibited anywhere in the Common Areas on the PROPERTY. In order to use FACILITIES, TENANT agrees that:aisle alignments and

Common Areas. TENANT recognizes that the common area facilities which may include such items as a Fitness Centeran Exercise Room, Sauna, Volleyball Court, BBQ Area, Swimming Pool, Parking Garage, Commercial Spaces, Television Room, Hot Tubs, Theater Room, Game Room, Study Lounge, Business Center or other similar facilities (hereinafter said Common Area Facilities are collectively referred to as “FACILITIES”) have been made available by LANDLORD to TENANT. Policies for FACILITIES are posted in a conspicuous location and MUST be observed at all times. Anyone who violates these policies risks losing the privilege of using these FACILITIES and/or eviction. Only TENANT and invited guests accompanied by TENANT may use the FACILITIES provided by LANDLORD. FACILITIES may be used by such persons only in strict compliance with posted FACILITY policies and procedures. From time to time supplemental rules and regulations may be adopted by LANDLORD with respect to each FACILITY and will either be posted in appropriate areas or furnished in writing to tenants. Neither TENANT nor TENANT’S guests may use the FACILITIES, parking lots or grounds in such a manner that interferes with the enjoyment of other tenants. The driveways, sidewalks, courts, entry passages, stairs and halls shall not be obstructed or used for any purpose other than ingress and egress. Bicycles and other like vehicles shall not be allowed to obstruct the driveways, sidewalks, courts, entry passages, stairs or halls. Use of Common Areas common areas within the PROPERTY shall be governed by these RULES AND REGULATIONS and any Policies posted in the FACILITIES and shall be used at the risk of TENANT and TENANT’S family and guests. No guest shall be permitted within the FACILITIES unless TENANT is also present. TENANT indemnifies LANDLORD and holds LANDLORD harmless against all claims for personal injury sustained by TENANT and TENANT’S family and/or guests in their use and enjoyment of the FACILITIES. Glass containers pose a serious risk of injury and are prohibited anywhere in the Common Areas on the PROPERTY. In order to use FACILITIES, TENANT agrees that:

Common Areas. TENANT recognizes The term “Common Areas” shall mean areas of the Building that are not included in portions of the common Building and the lands surrounding it set aside for leasing to tenants or reserved for Landlord’s exclusive use, including entrances, hallways, lobbies, elevators/escalators, stairways, restrooms, access drives to loading docks, bike racks, parking areas, driveways, walkways and plazas. Tenant shall have non-exclusive access to and use of the Common Areas, with the exception, however, of the Lobby providing access to Bay 2.8 of the Leased Premises, which Lobby Tenant shall have exclusive access to and use of so long as no other tenant is leasing space adjacent to such Lobby (including, but not limited to, all or portions of Bays 1.8 or M.8). Tenant’s exclusive use of the Lobby includes the right to install an access card reader/security system to control access to such Lobby; provided, however, Landlord shall be given security credentials to access such Lobby in order for Landlord to perform its obligations under this Lease and exercise its rights under this Lease (including, but not limited to, all of Landlord’s rights under Section 4.6 herein below), or to show the spaces adjacent to the Lobby to prospective tenants. In the event other tenants lease space adjacent to such Lobby, Tenant shall only have non-exclusive use of the Lobby and such other tenants and Landlord shall also have access to the Lobby; and Tenant shall transfer ownership of the access card reader/security system to Landlord, such that Landlord will thereafter maintain any access card reader/security system controlling access to the Lobby (with the cost of such maintenance and operation being included in the Operating Expenses) so long as Landlord shall have initially approved of the installation of such system by Tenant. Tenant shall have no obligation to remove such access card reader/security system upon the expiration or earlier termination of this Lease. At all times during the Term (as defined in Section 2.1 below), but subject to force majeure, Tenant shall also be entitled to (i) the non-exclusive use, in conjunction with Landlord and other tenants of the Property, of the Access Drive shown on the Site Plan attached hereto as Exhibit B, and (ii) the non-exclusive use, in conjunction with Landlord and other tenants of the Property, of parking for Tenant’s employees within the area facilities which may include such items as a Fitness Center, Sauna, Volleyball Court, BBQ Area, Swimming Pool, Parking Garage, Commercial Spaces, Television Room, Hot Tubs, Theater Room, Game Room, Study Lounge, Business Center or other similar facilities (hereinafter said Common Area Facilities are collectively referred to designated as “FACILITIES”) have been made available by LANDLORD Employee Parking” on the Site Plan attached hereto as Exhibit B (subject to TENANTthe terms and conditions in Section 1.3 below). Policies for FACILITIES are posted Additionally, Tenant shall be entitled to the non-exclusive use, in a conspicuous location and MUST be observed at all times. Anyone who violates these policies risks losing the privilege of using these FACILITIES and/or eviction. Only TENANT and invited guests accompanied by TENANT may use the FACILITIES provided by LANDLORD. FACILITIES may be used by such persons only in strict compliance conjunction with posted FACILITY policies and procedures. From time to time supplemental rules and regulations may be adopted by LANDLORD with respect to each FACILITY and will either be posted in appropriate areas or furnished in writing to tenants. Neither TENANT nor TENANT’S guests may use the FACILITIES, parking lots or grounds in such a manner that interferes with the enjoyment of other tenants. The driveways, sidewalks, courts, entry passages, stairs and halls shall not be obstructed or used for any purpose other than ingress and egress. Bicycles Landlord and other like vehicles shall not be allowed tenants of the Property, of the ramp from the first floor of the Building to obstruct the drivewayssecond floor of the Building, sidewalks, courts, entry passages, stairs and an adequate path from the end of the ramp through or halls. Use adjacent to the applicable portions of Common Areas within the PROPERTY shall be governed by these RULES AND REGULATIONS and any Policies posted in the FACILITIES and shall be used at the risk of TENANT and TENANT’S family and guests. No guest shall be permitted within the FACILITIES unless TENANT is also present. Glass containers pose a serious risk of injury and are prohibited anywhere in the Common Areas on the PROPERTY. In order to use FACILITIES, TENANT agrees that:Leased Premises.

Common Areas. TENANT recognizes that Tenant shall have the nonexclusive right (in common area with other tenants or occupants of the Project, Landlord and all others to whom Landlord has granted or may hereafter grant such rights) to use the Common Areas, subject to such reasonable rules and regulations of general application as Landlord may from time to time impose. Landlord may at any time close temporarily any Common Areas to make repairs or changes therein or to effect construction, repairs, or changes within the Project, or to prevent the acquisition of public rights in such areas, or to discourage parking by parties other than tenants, and may do such other acts in and to the Common Areas as in its judgment may be desirable so long as such other acts do not materially interfere with Xxxxxx's use of the Premises. Landlord may from time to time permit portions of the Common Areas to be used exclusively by specified tenants. Landlord may also, from time to time, place or permit customer service and information booths, kiosks, stalls, push carts and other merchandising facilities which may include in the Common Areas. "Common Areas" shall mean with respect to any Building, any of the following or similar items to the extent they are included in such items Building, (a) the total square footage of areas of the Building devoted to non-exclusive uses such as a Fitness Centerground floor lobbies and elevator foyers; fire vestibules; mechanical areas; restrooms and corridors on all floors; elevator foyers and lobbies on multi-tenant floors; electrical and janitorial closets; telephone and equipment rooms; and other similar facilities maintained for the benefit of Building tenants and invitees, Saunabut shall not mean Major Vertical Penetrations; and (b) all parking garage vestibules, Volleyball Courtrestrooms (including locker rooms and shower facilities located in the garage), BBQ Arealoading docks, Swimming Poolexercise and conference facilities available for use by Project tenants (if any), Parking Garagewalkways, Commercial Spacesroadways, Television Roomsidewalks, Hot Tubssurface parking areas, Theater Roomparkways, Game Roomdriveways, Study Loungetrash areas, Business Center mechanical areas, landscaped areas, courtyards or other similar facilities (hereinafter said Common Area Facilities are collectively referred to as “FACILITIES”) have been made available by LANDLORD to TENANT. Policies maintained for FACILITIES are posted in a conspicuous location the benefit of Project tenants and MUST be observed at all times. Anyone who violates these policies risks losing the privilege of using these FACILITIES and/or eviction. Only TENANT and invited guests accompanied by TENANT may use the FACILITIES provided by LANDLORD. FACILITIES may be used by such persons only in strict compliance with posted FACILITY policies and procedures. From time to time supplemental rules and regulations may be adopted by LANDLORD with respect to each FACILITY and will either be posted in appropriate areas or furnished in writing to tenants. Neither TENANT nor TENANT’S guests may use the FACILITIES, parking lots or grounds in such a manner that interferes with the enjoyment of other tenants. The driveways, sidewalks, courts, entry passages, stairs and halls shall not be obstructed or used for any purpose other than ingress and egress. Bicycles and other like vehicles shall not be allowed to obstruct the driveways, sidewalks, courts, entry passages, stairs or halls. Use of Common Areas within the PROPERTY shall be governed by these RULES AND REGULATIONS and any Policies posted in the FACILITIES and shall be used at the risk of TENANT and TENANT’S family and guests. No guest shall be permitted within the FACILITIES unless TENANT is also present. Glass containers pose a serious risk of injury and are prohibited anywhere in the Common Areas on the PROPERTY. In order to use FACILITIES, TENANT agrees that:invitees.

Common Areas. TENANT recognizes that Tenant shall have the nonexclusive right (in common area with other tenants or occupants of the Building, Landlord and all others to whom Landlord has granted or may hereafter grant such rights) to use the Common Areas (defined below), subject to the Rules and Regulations (defined below). Landlord may at any time alter, renovate, rearrange, expand or reduce some or all of the Common Areas or temporarily close any Common Areas to make repairs or changes therein or to effect construction, repairs, or changes within the Building or Property, or to prevent the acquisition of public rights in such areas, or to discourage parking by parties other than tenants, and may do such other acts in and to the Common Areas as in its judgment may be desirable. Landlord may from time to time permit portions of the Common Areas to be used exclusively by specified tenants. Landlord may also, from time to time, place or permit customer service and information booths, kiosks, stalls, push carts and other merchandising facilities which may include in the Common Areas. “Common Areas” shall mean any of the following or similar items, as so designated from time to time by Landlord: (a) the total square footage of areas of the Building devoted to nonexclusive uses such items as a Fitness Centerground floor lobbies, Sauna, Volleyball Court, BBQ Area, Swimming Pool, Parking Garage, Commercial Spaces, Television Room, Hot Tubs, Theater Room, Game Room, Study Lounge, Business Center or seating areas and elevator foyers; fire vestibules; mechanical areas; restrooms and corridors on all multi-tenant floors; elevator foyers and lobbies on multi-tenant floors; electrical and janitorial closets; telephone and equipment rooms; and other similar facilities in the Building maintained for the benefit of Building tenants, but shall not mean Major Vertical Penetrations (hereinafter said Common Area Facilities are collectively referred to as “FACILITIES”defined below); and (b) have been made all parking garage vestibules; loading docks; locker rooms, exercise and conference facilities available for use by LANDLORD to TENANT. Policies Building tenants (if any); walkways, roadways and sidewalks; trash areas; landscaped areas including courtyards, plazas and patios; and other similar facilities on the Property maintained for FACILITIES are posted in a conspicuous location and MUST be observed at all times. Anyone who violates these policies risks losing the privilege benefit of using these FACILITIES and/or eviction. Only TENANT and invited guests accompanied by TENANT may use the FACILITIES provided by LANDLORD. FACILITIES may be used by such persons only in strict compliance with posted FACILITY policies and procedures. From time to time supplemental rules and regulations may be adopted by LANDLORD with respect to each FACILITY and will either be posted in appropriate areas or furnished in writing to Building tenants. Neither TENANT nor TENANT’S guests may use As used herein, “Major Vertical Penetrations” shall mean the FACILITIESarea or areas within Building stairs (excluding the landing at each floor), parking lots or grounds in such a manner elevator shafts, and vertical ducts that interferes with service more than one floor of the enjoyment of other tenantsBuilding. The drivewaysarea of Major Vertical Penetrations shall be bounded and defined by the dominant interior surface of the perimeter walls thereof (or the extended plane of such walls over areas that are not enclosed). Major Vertical Penetrations shall exclude, sidewalkshowever, courtsareas for the specific use of Tenant or installed at the request of Tenant, entry passages, stairs and halls shall not be obstructed or used for any purpose other than ingress and egress. Bicycles and other like vehicles shall not be allowed to obstruct the driveways, sidewalks, courts, entry passages, such as special stairs or halls. Use of Common Areas within the PROPERTY shall be governed by these RULES AND REGULATIONS and any Policies posted in the FACILITIES and shall be used at the risk of TENANT and TENANT’S family and guests. No guest shall be permitted within the FACILITIES unless TENANT is also present. Glass containers pose a serious risk of injury and are prohibited anywhere in the Common Areas on the PROPERTY. In order to use FACILITIES, TENANT agrees that:elevators.

Common Areas. TENANT recognizes that The portions of the common area facilities Project which may include such items as a Fitness Center, Sauna, Volleyball Court, BBQ Area, Swimming Pool, Parking Garage, Commercial Spaces, Television Room, Hot Tubs, Theater Room, Game Room, Study Lounge, Business Center or other similar facilities (hereinafter said Common Area Facilities are for the non-exclusive use of tenants of the Project are collectively referred to herein as the “FACILITIES”Common Areas.” The Common Areas shall include, without limitation, (1) have been made available an open space patio adjacent to the first floor space and, subject to paragraph 3 under Section 2(a) below, a roof deck, (2) a parking garage with 24/7 secured and lighted bike storage facility with accompanying showers and lockers, (3) a lobby with a welcome/security desk and electronic directory(ies), (4) elevators which will include controlled access to Tenant’s floors, (5) an auditorium/conference center with a minimum capacity of 300 seats with a raised platform/stage for the audience to see the presenter, and modern audio visual equipment for scientific presentations, and (6) a fitness center with showers, lockers, and modern and sufficient exercise equipment for full work-outs to accommodate use by LANDLORD to TENANTapproximately 25-30 people during peak hours, for use by Tenant in common with other tenants of the Project without charge for the use thereof other than as part of Operating Expenses. Policies for FACILITIES are posted Tenant shall use the auditorium/conference center, bike storage facility and the fitness center and other Common Areas in a conspicuous location manner that complies with all applicable Legal Requirements and MUST be observed at any and all times. Anyone who violates these policies risks losing the privilege of using these FACILITIES and/or eviction. Only TENANT and invited guests accompanied by TENANT may use the FACILITIES provided by LANDLORD. FACILITIES may be used by such persons only in strict compliance with posted FACILITY policies and procedures. From time to time supplemental reasonable rules and regulations which may be adopted by LANDLORD Landlord from time to time. Landlord reserves the right to modify Common Areas, provided that such modifications do not (i) materially adversely affect Tenant’s use of the Premises for the Permitted Use, (ii) materially alter the specific Common Area amenities described above in this Section 1(b), or (iii) otherwise conflict with respect this Lease. Landlord shall, subject to each FACILITY Force Majeure and will either be posted in appropriate areas or furnished in writing to tenants. Neither TENANT nor TENANT’S guests may use Tenant Delays, provide the FACILITIES, parking lots or grounds in such a manner that interferes with the enjoyment of other tenants. The driveways, sidewalks, courts, entry passages, stairs and halls shall not be obstructed or used for any purpose other than ingress and egress. Bicycles and other like vehicles shall not be allowed to obstruct the driveways, sidewalks, courts, entry passages, stairs or halls. Use of initial Common Areas within and amenities described above on or about the PROPERTY Commencement Date and from and after the date hereof, shall be governed by these RULES AND REGULATIONS and any Policies posted in consult with Tenant from time to time during the FACILITIES and shall be used at the risk of TENANT and TENANT’S family and guests. No guest shall be permitted within the FACILITIES unless TENANT is also present. Glass containers pose a serious risk of injury and are prohibited anywhere in Term prior to making material modifications to the Common Areas regarding Tenant’s needs and preferences for Common Areas which Landlord shall consider if and when Landlord makes changes to the Common Areas. It is Landlord’s current desire to encourage one or more retail tenants to lease space on the PROPERTYfirst floor of the Building so that occupants of the Building would have the option of coffee, sandwiches and the like to go and a sit-down restaurant (collectively, the “Food Amenity”). In order Landlord, in consultation with Tenant, shall cause the first floor of the Building to use FACILITIESbe designed to accommodate the Food Amenity. Landlord shall in good faith endeavor to find one or more retail tenants to provide the Food Amenity during the Term; provided, TENANT agrees that:however, that the failure of the Building to include (and/or the cessation during the Term of) the foregoing Food Amenity is not a condition precedent to any of Tenant’s obligations under this Lease nor shall the same be a default by Landlord under this Lease.

Common Areas. TENANT recognizes that Common Areas" will mean all areas, spaces, facilities and equipment (whether or not located within the common area facilities which may include such items as a Fitness Center, Sauna, Volleyball Court, BBQ Area, Swimming Pool, Parking Garage, Commercial Spaces, Television Room, Hot Tubs, Theater Room, Game Room, Study Lounge, Business Center or other similar facilities (hereinafter said Common Area Facilities are collectively referred to as “FACILITIES”Building) have been made available by LANDLORD Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, tunnels, walkways, sidewalks and driveways necessary for access to TENANT. Policies the Building, Building lobbies, 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 FACILITIES TENANTS OF the Building and others designated by Landlord), drinking fountains and any such other areas and facilities, if any, as are posted in a conspicuous location and MUST be observed at all times. Anyone who violates these policies risks losing the privilege of using these FACILITIES and/or eviction. Only TENANT and invited guests accompanied designated by TENANT may use the FACILITIES provided by LANDLORD. FACILITIES may be used by such persons only in strict compliance with posted FACILITY policies and procedures. From Landlord from time to time supplemental rules as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and regulations may be adopted all corridors that are not open to the public but which are available for use by LANDLORD with respect Tenant and others designated by Landlord. "Service Areas" will refer to each FACILITY areas, spaces, facilities and will either be posted in appropriate areas equipment serving the Building (whether or furnished in writing not located within the Building) but to tenants. Neither TENANT nor TENANT’S guests may use the FACILITIES, parking lots or grounds in such a manner that interferes with the enjoyment of other tenants. The driveways, sidewalks, courts, entry passages, stairs and halls shall not be obstructed or used for any purpose other than ingress and egress. Bicycles which Tenant and other like vehicles shall occupants of the Building will not be allowed have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to obstruct the driveways, sidewalks, courts, entry passages, stairs or halls. Use of Common Areas within the PROPERTY shall be governed by these RULES AND REGULATIONS and any Policies posted in the FACILITIES and shall be used at the risk of TENANT and TENANT’S family and guests. No guest shall be permitted within the FACILITIES unless TENANT is also present. Glass containers pose a serious risk of injury and are prohibited anywhere in use the Common Areas and Service Corridors during the term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease, including, without limitation, the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of the Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) 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 A as being part of the PROPERTY. In order to use FACILITIES, TENANT agrees that:Premises.