Common use of Common Areas Clause in Contracts

Common Areas. As used in this Lease, the term “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areas.

Common Areas. As used in Subject to Article 6 of this Lease, Landlord shall make available at all times during the term of this Lease, such automobile parking and other common areas within the exterior boundaries of the land and Building of which the Premises are a part. The term “Common AreasArea(s)” meansshall mean all the portions of the Building which are not specifically leased or specifically available for lease to tenants and which have at the time in question been designated and improved for common use by or for the benefit of more than one tenant or concessionaire of the Building, without limitation, including any of the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas following (the specific recitation of which shall not be deemed to limit the definition of “Common Area”): the land and facilities utilized as parking areas; access and perimeter roads; truck passageways (which may be in the Project that are provided whole or in part subsurface); arcades; landscaped areas; exterior walks; stairways; stairs; directory equipment; ramps; drinking fountains; toilets and other public facilities; and bus stations and taxi stands; but excluding any portion thereof when designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respecta noncommon use, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding which was not included within the Premises) or other Buildings to Common AreasArea shall be so included when so designated and improved for common use. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part All of the Common AreasArea shall be subject to the exclusive control and management of Landlord or such other persons or nominees as Landlord may have delegated or assigned to exercise such management or control, in whole or in part, in Landlord’s place and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety of the Common Area or the adequacy of any security system which is or may be instituted for the Common Area. In no event shall Tenant have the right to sell or solicit in any manner in the Common Area. As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use in common with other Tenants of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premises.

Common Areas. As used in this LeaseLEASE, the term “Common Areascommon areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord LANDLORD for the general nonexclusive use and convenience of Tenant TENANT with Landlord LANDLORD and other tenants of the project and their guestsrespective employees, invitees, employees, licensees, or other visitors. LANDLORD grants TENANT, its employees, invitees, suppliers, contractors and customers a nonexclusive license for the term of this LEASE to use the common areas, as they exist from time to time, in common with others entitled to use the common areas, subject to the terms and conditions of this LEASE and such rules and regulations as may be applicable thereto from time to time. Without advance written notice to TenantTENANT, except with respect to matters covered by Article 12(asubsection (a) below, and without any liability to Tenant TENANT in any respect, provided Landlord LANDLORD will take no action permitted under this Article 12 (a) 10 in such a manner as to materially impair or adversely affect Tenantprevent TENANT’s substantial benefit and enjoyment of access to the Leased Premises, Landlord LANDLORD will have the right to: (a) Close off any of the Common Areas common areas to whatever extent required in the reasonable opinion of Landlord LANDLORD and its counsel to prevent a dedication of any of the Common Areas common areas or the accrual of any rights by any person or the public to the Common Areascommon areas; (b) Temporarily close any of the Common Areas common areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areascommon areas, including erecting additional Buildings buildings on the Common Areascommon areas, expanding the Building existing building or other Buildings buildings to cover a portion of the Common Areascommon areas, converting Common Areas common areas to a portion of the Building building or other Buildings, altering the Common Areas in order to comply with the ADAbuildings, or converting any portion of the Building building (excluding the Leased Premises) or other Buildings buildings to Common Areascommon areas. Upon erection of any additional Buildings buildings or change in Common Areascommon areas, the portion of the Project upon which Buildings buildings or structures have been erected shall will no longer be deemed to be a part of the Common Areascommon areas. (d) Under no circumstances shall the right herein granted to use the common areas be deemed to include the right to store any property, temporarily or permanently, in the common areas. Any such storage shall be permitted only by the prior written consent of LANDLORD or LANDLORD’s designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur then LANDLORD shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to TENANT, which cost shall be immediately payable upon demand by LANDLORD.

Common Areas. As used in this Lease, the term “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) During the Term, until the occurrence of the Multi-Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1. (i) From and after the Multi-Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to materially impair the terms and conditions of this Master Lease relating to any conditions, rights or adversely affect restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s substantial benefit obligations in Section 10.1(c). Tenant shall have a nonexclusive right and enjoyment license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the Premisessame Persons with respect to the Recapture Space and Additional Recapture Space), Landlord will have for the right to: (a) Close off any sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to whatever extent required all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable opinion proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to prevent a dedication of do or permit to be done any of act in, on or about the Common Areas or the accrual Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third-party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any rights by any person adjacent shopping center, shopping mall, as the case may be, or the public respective agents, employees, customers, licensees and invitees of any of the foregoing parties. (ii) Subject to the Common Areas; provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi-Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (bA) Temporarily close any to utilize portions of the Common Areas for maintenanceoutdoor events, alterationactivities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or improvement purposes(B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; and provided, that (cx) Change Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the sizehistorical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, usewithout limitation, shapeoutdoor garden and/or patio shops), or and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building third party tenant to whom Landlord has leased or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building licensed all or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building Property other than the Demised Premises (excluding “Third Party Tenant”). Landlord shall have the Premises) right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Buildings Third Party Tenant. Tenant, Landlord and Third-Party Tenants shall work cooperatively and in good faith to Common Areas. Upon erection of any additional Buildings or change in Common Areas, coordinate the portion exercise of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of Promotional Rights in accordance with the Common Areasforegoing provisions.

Common Areas. As used in this LeaseLEASE, COMMON AREAS shall mean all areas within the term “Common Areas” meansSHOPPING CENTER (whether owned by LANDLORD or any other owner affiliated with LANDLORD of any portion of the SHOPPING CENTER) which are not leased or held for the exclusive use of TENANT or other tenants, without limitationincluding, the above ground but not limited to, all parking area, hallways, entryways, stairs, elevatorsareas, driveways, walkways, terraces, dockssidewalks, loading areas, restrooms, trash facilities, and all areas (except any loading area for the exclusive use of TENANT or any other areas and facilities tenants in the Project that are provided SHOPPING CENTER), access roads, storm drains, curbs, parking area lighting, directional signs, landscaping and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licenseesplanted areas as depicted on Exhibit “B” or existing, or visitorsto be in existence, in or about the SHOPPING CENTER during the TERM hereof. Without advance written notice to TenantThe SHOPPING CENTER shall be operated as a single, except with respect to matters covered by Article 12(a) belowcontiguous shopping center (i.e., and without no fences, landscaping or other barriers which separate any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment portion of the PremisesSHOPPING CENTER from the remaining portion thereof) and LANDLORD shall not change, Landlord will have or permit others to temporarily or permanently change, the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication size, location, nature and use of any of the Common Areas COMMON AREAS, including the quantity, location, sizing or the accrual of any rights by any person or the public proximity to the Common Areas; (b) Temporarily close any PREMISES of the Common Areas for maintenance, alterationvehicle parking spaces, or improvement purposes; and (c) Change the size, use, shapeconvert COMMON AREAS into leasable areas, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building increase or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting decrease COMMON AREA land. If any portion of the Building (excluding SHOPPING CENTER is sold or otherwise conveyed to any person, or if additional areas are added to the PremisesSHOPPING CENTER, LANDLORD shall cause such portion(s) so sold, and such portions of such areas so added as are not leased or otherwise occupied exclusively by a tenant or other Buildings occupant, to Common Areascontinue to be subjected, or to be subjected, to the COMMON AREA uses required by this LEASE. Upon erection of To the extent the COMMON AREAS ever include areas not owned by LANDLORD, LANDLORD shall not consent to any additional Buildings or change in Common Areasany of such areas, or any use thereof, which would violate the terms of this LEASE, including (without limitation) the provisions of this Section, but rather LANDLORD shall use its best efforts to enforce all legal rights which LANDLORD may have to avoid any such violation. Notwithstanding the foregoing, LANDLORD may make such modifications to the COMMON AREA of the SHOPPING CENTER as may be required to comply with applicable laws and ordinances, but in doing so LANDLORD shall use all reasonable efforts to avoid any adverse effect on the visibility of, access to, or use of the PREMISES by TENANT and its invitees. LANDLORD represents and warrants to TENANT that there are no agreements or other arrangements made with neighboring property owners, other tenants of the SHOPPING CENTER, or other parties, that affect the PREMISES, the portion COMMON AREAS or the SHOPPING CENTER, or portions thereof or conflict with TENANT’s rights or LANDLORD’s obligations hereunder, including but not limited to: the use of vehicle parking spaces, the maintenance of asphalt, concrete, landscaping or other areas without structures, future development, utility services, security, vehicular or pedestrian access or egress, signage, drainage, advertising or TENANT’s use of the Project upon which Buildings PREMISES, the COMMON AREAS or structures have been erected the SHOPPING CENTER. LANDLORD shall no longer be deemed to be a part operate the SHOPPING CENTER as an integrated retail center and shall adopt and enforce reasonable, non-discriminatory rules governing the use of the Common AreasCOMMON AREA of the SHOPPING CENTER, including the parking areas.

Common Areas. (a) As used in this Lease, the term “Common Areas” meansAreas shall mean all areas and facilities within the Project that are not designated by Landlord for the exclusive use of Tenant, without limitationLandlord, or any other tenant of the Project, including but not limited to pedestrian sidewalks, landscaped areas, common bathrooms, lobby areas, parking areas, incinerators, interior stairs and balconies and similar areas and improvements, the above ground parking areatruckways, hallwaysroadways, entryways, stairs, elevators, driveways, walkways, terraces, loading docks, loading areas, restroomsrailroad tracks, trash facilitiesroofs, common areas and delivery yards. (b) Landlord shall have exclusive control over the Common Areas, provided that Tenant and Tenant’s employees, agents, suppliers, shippers, customers, and invitees shall have the nonexclusive right to use the Common Areas during the term of this Lease, subject to the rights reserved by Landlord under this Lease and further subject to all other areas rules and facilities in regulations governing the Project that are provided and designated use of the Common Areas from time to time issued by Landlord. (c) Landlord for shall have the general nonexclusive use right, without it constituting an actual or constructive eviction of Tenant, without any abatement of rent under this Lease and convenience without notice (unless so stated below) to or the consent of Tenant with Landlord and their guestsTenant, invitees, employees, licensees, or visitors. Without advance written to (i) upon five (5) days notice to Tenant, except with respect to matters covered by Article 12(a) below, and without close any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any part of the Common Areas to whatever the extent required necessary in the reasonable Landlord’s opinion of Landlord to prevent a dedication the accrual of any prescriptive rights, provided, however, that access by Tenant shall not be unreasonably disrupted, and Landlord shall, to the maximum extent possible, avoid any disruption to Tenant’s access that exceeds four (4) hours; (ii) upon five (5) days notice to Tenant, temporarily close any part of the Common Areas to repair and maintain them or the accrual of for any rights other reasonable purpose, provided, however, that access by any person or the public Tenant shall not be unreasonably disrupted, and Landlord shall, to the Common Areasmaximum extent possible, avoid any disruption to Tenant’s access that exceeds four (4) hours; (biii) Temporarily close any of upon five (5) days notice to Tenant, change the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas including without limitation changes in the location, size, shape, and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, and walkways, provided, however, that Landlord shall use its best efforts to a portion avoid any impact upon Tenant’s use of the Building Project; (iv) upon five (5) days notice to Tenant, eliminate from or other Buildingsadd to the Project any land or improvement provided, altering the Common Areas in order however, that Landlord shall use its best efforts to comply with the ADA, or converting avoid any portion impact upon Tenant’s use of the Building Project; (excluding v) upon five (5) days notice to Tenant, designate additional property outside the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion boundaries of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areas; (vi) remove unauthorized persons from the Project; (vii) upon five (5) days notice to Tenant, change the name or address of the Building or the Project; (viii) upon five (5) days notice to Tenant, use or allow the use of the Common Areas while engaged in maintenance, repairs, construction, or other alterations to the Project; and (ix) perform any other acts and make other changes or alterations in the Common Areas and the Project as Landlord may deem reasonably appropriate, upon notice to Tenant within a reasonable time prior to taking such action or making such changes.

Common Areas. As used in this Lease, the term “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, drivewaysareas, walkways, terraces, docks, loading landscaped areas, restrooms, trash facilitiesroadways, and all other areas and facilities in now or hereafter at the Project that are provided Building and designated from time to time by Landlord intended for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitorscommon use. Without advance written notice to Tenant, Tenant (except with respect to matters covered by Article 12(asubsection (a) below, ) and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close establish and enforce reasonable rules and regulations concerning the maintenance, management, use and operation of the Common Areas; (b) close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord and its counsel to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas;, provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Demised Premises. (bc) Temporarily temporarily close any of the Common Areas for maintenance, alteration, alteration or improvement purposes; and, provided that such closure does not substantially interfere with Tenant’s ability to conduct its business; (cd) Change select, appoint or contract with any person for the purpose of operating and maintaining the Common Areas, subject to such terms and at such rates as Landlord deems reasonable and proper; (e) change the size, use, shape, shape or nature of any such Common Areas, including erecting provided such change does not deprive Tenant of the substantial benefit and enjoyment of the Demised Premises. So long as Tenant is not thus deprived of the substantial use and benefit of the Demised Premises, Landlord will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of parking spaces or other public conveniences at the Building, without incurring any liability to Tenant or entitling Tenant to any abatement of rent and such action will not constitute an actual or constructive eviction of Tenant; and (f) erect one or more additional Buildings buildings on the Common Areas, expanding expand the existing Building or other Buildings to cover a portion of the Common Areas, converting convert Common Areas to a portion of the Building or other BuildingsBuilding, altering the Common Areas in order to comply with the ADA, or converting convert any portion of the Building (excluding the Demised Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings buildings or change in Common Areas, the portion of the Project property upon which Buildings buildings or structures have been erected shall will no longer be deemed to be a part of the Common Areas. Provided, however, that Landlord receives the requisite municipal and/or other governmental approval for the erection of said building and the providing of the corresponding parking in relation thereto.

Common Areas. As used in this LeaseIn addition to the Premises, Tenant shall have the term “Common Areas” means, without limitation, use of those certain common areas designated by the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated Landlord from time to time by Landlord on the Property; such areas shall include, but not be limited to, parking areas, access roads and facilities, interior corridors, sidewalks, driveways and landscaped and open areas (collectively, “Common Areas”). The use of the Common Areas shall be for the general nonexclusive non-exclusive use and convenience of Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and their guests, invitees, employees, licenseesall other tenants of the Property and all such other persons to whom Landlord has previously granted, or visitors. Without advance written notice may hereinafter grant, rights of usage; provided that such nonexclusive use shall be expressly subject to Tenantsuch reasonable rules and regulations which may be adopted by the Landlord from time to time, except with respect to matters covered by Article 12(a) below, so long as such rules and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or regulations do not adversely affect Tenant’s substantial benefit and enjoyment use of the Premises and are uniformly enforced. Tenant shall not be entitled to use the Common Areas for storage of goods, vehicles, refuse or any other items. Landlord reserves the right to alter, modify, enlarge, diminish, reduce or eliminate the Common Areas from time to time in its sole discretion; provided, however, it does not unreasonably and materially interfere with Tenant’s use and occupancy of the Premises or access to and from the Premises, . Landlord will shall have the right to: (a) Close off any to modify Common Areas, in order to implement new, necessary security measures; provided, however, it does not unreasonably and materially interfere with Tenant’s use and occupancy of the Common Areas Premises or access to whatever extent required in and from the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close Premises. If Tenant shall use any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature storage of any such Common Areasitems, including erecting additional Buildings on the Common AreasTenant shall pay all fines imposed upon either Landlord or Tenant by any fire, expanding the Building building or other Buildings regulatory body, and Tenant shall pay all costs incurred by Landlord to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering clear and clean the Common Areas in order to comply with the ADAand dispose of such items, or converting any portion including but not limited to, a disposal fee of the Building twenty-five dollars (excluding the Premises$25.00) for each pallet or other Buildings to Common Areas. Upon erection of container and fifty dollars ($50.00) for each drum, together with any additional Buildings or change in Common Areascosts for testing and special disposal, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasif required.

Common Areas. As used in Subject to Article 6 of this Lease, Landlord shall make available at all times during the term of this Lease, such automobile parking and other common areas within the exterior boundaries of the land and Building of which the Premises are a part. The term “Common AreasArea(s)” meansshall mean all the portions of the Building which are not specifically leased or specifically available for lease to tenants and which have at the time in question been designated and improved for common use by or for the benefit of more than one tenant or concessionaire of the Building, without limitationincluding any of the following (the specific recitation of which shall not be deemed to limit the definition of “Common Area”): the land and facilities utilized as parking areas; access and perimeter roads; truck passageways (which may be in whole or in part subsurface); arcades; landscaped areas; exterior walks; stairways; stairs; directory equipment; ramps; drinking fountains; toilets, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilitiesexercise gym, and all other areas public facilities; and facilities in the Project that are provided bus stations and taxi stands; but excluding any portion thereof when designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respecta noncommon use, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding which was not included within the Premises) or other Buildings to Common AreasArea shall be so included when so designated and improved for common use. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part All of the Common AreasArea shall be subject to the exclusive control and management of Landlord or such other persons or nominees as Landlord may have delegated or assigned to exercise such management or control, in whole or in part, in Landlord’s place and stead. Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety of the Common Area or the adequacy of any security system which is or may be instituted for the Common Area. In no event shall Tenant have the right to sell or solicit in any manner in the Common Area. As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use in common with other Tenants of the Building the common areas and facilities included in the Building together with such easements for ingress and egress as are necessary for Tenant’s use and occupancy of the Premises.

Common Areas. As All areas within the Project which are available for the common use of tenants of the Project and which are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, access roads, corridors, monument signage, landscaping, planted areas, lobbies, corridors, hallways, elevator foyers, restrooms, mail rooms, mechanical and electrical rooms, janitorial closets, and other similar facilities used by tenants or for the benefit of tenants on a non-exclusive basis. Except as otherwise provided in this Lease, the term “manner in which the Common Areas” meansAreas are maintained and operated shall be at the reasonable discretion of Landlord, without limitationprovided that Landlord shall maintain and operate the same in a first class manner substantially consistent with the Comparable Buildings and the use thereof shall be subject to such reasonable, the above ground parking areanon-discriminatory rules, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, regulations and all other areas and facilities in the Project that are provided and designated restrictions as Landlord may make from time to time by time, which rules and regulations shall not be unreasonably or discriminatorily modified or enforced in a manner which shall materially interfere with the conduct of Tenant’s permitted use from the Premises or Tenant’s use of or access to the Premises or the Project or the parking areas servicing the same. So long as Landlord for the general nonexclusive use and convenience of provides Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance prior written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, (provided Landlord will take no action permitted under Article 12 (a) in that such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent notice shall not be required in the event of an emergency), Landlord, in Landlord’s reasonable opinion discretion, reserves the right to close temporarily, make alterations or additions to, or change the location of Landlord to prevent a dedication of any elements of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on Project and the Common Areas, expanding so long as such changes do not change the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion nature of the Project upon which Buildings to something other than a first class office building project or structures have been erected shall no longer be deemed to be a part materially affect Tenant’s use of the Common AreasPremises for the permitted use, or Tenant’s ingress to or egress from the Project, Building or the Premises or the parking areas servicing the same.

Common Areas. As used in 4.12.1. Tenant shall have and Landlord hereby grants to Tenant, and its employees, customers, patrons, suppliers, licensees and invitees, during the Term of this Lease, a non-exclusive revocable license to use and enjoy the term “Common Areas of DOWNTOWN DISNEY(R) in common with Landlord and all other tenants or occupants of any property in the vicinity of the Site, and their respective employees, customers, patrons, suppliers, licensees and invitees; subject, however at all times to the Operating Conditions, Rules and Regulations and to any other reasonable rules and regulations promulgated by Landlord and to the terms and provisions of this Lease. "Common Areas” means" shall mean, as they may from time to time exist, those portions of DOWNTOWN DISNEY(R) which are exclusive of gross leaseable area and other areas which are set aside as the exclusive use areas of Landlord or its designees and shall include, without limitation, the above ground driveways, entrances and exits, parking areaareas, hallwaysroadways, entrywayspedestrian passageways, stairsbridges, elevators, drivewayssidewalks, walkways, terracesroofs, loading docks, loading delivery areas, restrooms, trash facilitieslandscaped and streetscaped areas, and all other areas and facilities in the Project that are or improvements which may be provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord tenants of DOWNTOWN DISNEY(R) and their guests, inviteesagents, employees, licenseesand customers. Landlord shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained and expenditures in connection therewith shall be at the sole discretion of Landlord. Tenant may not place anything, including, without limitation, vehicles, within the Common Areas without the prior approval of Landlord which it may withhold in its sole and absolute discretion. Landlord shall at all times have the right to utilize the Common Areas for promotions, exhibits, outdoor shows, displays, other product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord's sole judgment, tends to attract customers to, or visitorsbenefit the customers or tenants of DOWNTOWN DISNEY(R). * Tenant acknowledges that the wine bar (and related furniture, fixtures and equipment) currently located across from the Premises is not a kiosk or cart and is not affected by the foregoing provision. Without advance written notice to the same constituting or being considered an eviction or disturbance of Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair 's quiet enjoyment or adversely affect Tenant’s substantial benefit and enjoyment possession of the Premises, Landlord will have the right to: (a) Close off may from time to time close any of the Common Areas to whatever extent required in the reasonable opinion of Landlord such area for repairs or alterations, to prevent a dedication of any of the Common Areas or the accrual of prescriptive rights therein, or for any rights other reason permitted by Law, and such closure shall not entitle Tenant to any person or abatement of Rent. Landlord shall at all times during the public term of this Lease, subject to the provisions hereof, have the sole and exclusive management and control of all Common Areas; (b) Temporarily close Areas and may at any time and from time to time during the term hereof, restrain any use or occupancy thereof that Landlord deems necessary or appropriate in Landlord's sole discretion. Tenant shall keep said areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations. If in the opinion of Landlord, in its sole and absolute discretion, unauthorized persons are using any of such areas by reason of the Common Areas for maintenancepresence of Tenant in DOWNTOWN DISNEY(R), alterationTenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of Landlord at any time to remove any such unauthorized person from such areas or improvement purposes; and (c) Change to prohibit the size, use, shape, or nature use of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply areas by unauthorized persons. * - Redacted Text - Confidential treatment requested; omitted portions have been filed separately with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common AreasSecurities and Exchange Commission.

Common Areas. As used in this Lease, the The term “Common AreasArea” meansis defined for all purposes of this Lease as that part of the Project intended for the common use of all tenants, without limitationincluding among other facilities, the above ground parking areaareas, hallwaysprivate streets and alleys, entrywayslandscaping, stairs, elevators, driveways, walkways, terraces, dockscurbs, loading areas, restroomssidewalks, trash lighting facilities, drinking fountains, meeting rooms, public toilets, and all other areas and facilities the like, but excluding: (i) space in buildings (now or hereafter existing) designated for rental for commercial purposes, as the same may exist from time to time, as well as any space in the Project Building, it being acknowledged that as the Premises consists of the entire Building, there are provided no Common Areas in the Building; (ii) streets and designated alleys maintained by a public authority; and (iii) areas leased to a single-purpose user where access is restricted. In addition, although the roof of the Building is not literally part of the Common Area, it will be deemed to be so included for purposes of: (x) Landlord’s ability to prescribe rules and regulations regarding same; and (y) its inclusion for purposes of Common Area Maintenance reimbursements. Landlord reserves the right to change from time to time by Landlord for the general nonexclusive dimensions and location of the Common Area, as well as the dimensions, identities, locations and types of any buildings, signs or other improvements in the Project, so long as Tenant’s access to and use of the Premises and convenience the parking facilities is not materially adversely affected thereby. Tenant, and its employees and customers, and when duly authorized pursuant to the provisions of Tenant this Lease, its subtenants, licensees and concessionaires, shall have the right to use the parking spaces serving the Building as constituted from time to time, such use to be in common with Landlord only (i.e., no third parties will have rights to such parking spaces) and their guestssubject to rights of governmental authorities, inviteeseasements, employeesother restrictions of record, licensees, or visitorsand such reasonable rules and regulations governing use as Landlord may from time to time prescribe. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) belowFor example, and without any liability limiting the generality of Landlord’s ability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit establish rules and enjoyment of the Premises, Landlord will have the right to: (a) Close off any regulations governing all aspects of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenanceArea, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areas.Tenant agrees as follows:

Common Areas. As used Landlord hereby grants to Tenant a non-exclusive license to use, in this Leasecommon with all others to whom Landlord has or may hereafter grant such license, the term Common Areas (as hereinafter defined) located on Landlord’s Property. “Common Areas” means, without limitation, means the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restroomsroadways, trash facilitiespedestrian sidewalks, delivery areas, landscaped areas and all other areas and facilities in the Project that are provided and or improvements designated by Landlord, from time to time by Landlord time, for the general nonexclusive common use of the tenants or occupants of Landlord’s Property. Tenant shall keep the Common Areas free and convenience clear of Tenant with Landlord litter, trash and their guests, invitees, employees, licensees, debris resulting from or visitors. Without advance written notice attributable to Tenant, except with respect ’s operation from the Premises and shall cause its employees to matters covered by Article 12(a) below, and without any liability to Tenant park only in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any portion of the Common Areas specifically designated by Landlord for parking. Parking shall not be permitted on Landlord’s Property for more than twenty-four (24) consecutive hours or on any public or private street adjacent to whatever extent required in Landlord’s Property. Tenant shall not obstruct, interfere with or impede the reasonable opinion of Landlord to prevent a dedication of any use of the Common Areas. Landlord reserves the right, with respect to the Common Areas and Landlord’s Property, to (a) establish rules and regulations for the use thereof; (b) temporarily close all or any portion thereof as Landlord deems necessary to prevent the dedication thereof or the accrual of any rights by to any person or to the public to therein; (c) increase, diminish, change or reconfigure the Common Areas; (b) Temporarily close any layout of the Common Areas for maintenanceand to rent portions thereof; (d) install, alterationplace upon or affix to the roof over the Premises and the exterior walls of the Premises, such equipment, signs, displays, antennas and other objects or improvement purposes; and (c) Change the size, use, shape, or nature structures of any such Common Areaskind as Landlord may desire; and (e) increase, including erecting additional Buildings on the Common Areasdecrease, expanding the Building or other Buildings reconfigure and/or add to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering Landlord’s Property. Landlord shall maintain the Common Areas in order good condition and repair and reasonably clear of snow and debris. Nothing herein contained shall be construed as requiring Landlord to comply with remove any debris, ice or snow from the ADA, or converting any portion of the Building (excluding sidewalks adjoining the Premises) or other Buildings to Common Areas. Upon erection , which shall be the responsibility of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common AreasTenant.

Common Areas. As used The use and occupation by Tenant of the Premises shall include the use in this Leasecommon with others entitled thereto of the common areas, the term “Common Areas” meansparking areas, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docksservice roads, loading areas, restrooms, trash facilities, sidewalks, and all other areas and facilities in the Project that are provided and as may be designated from time to time by Landlord Landlord, subject, however, to the terms and conditions of this agreement and to reasonable rules and regulations for the general nonexclusive use thereof as prescribed from time to time by Landlord. All common areas described above shall at all times be subject to the exclusive control and convenience management of Tenant with Landlord, and Landlord shall have the right from time to time to establish, modify and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except enforce reasonable rules and regulations with respect to matters covered by Article 12(a) belowall facilities and areas mentioned in this Article. Landlord shall have the right to construct, maintain, and without any liability operate lighting facilities on all such areas and improvements; to police same; from time to time to change the area, level, location and arrangement of parking areas and other facilities hereinabove referred to; and to restrict parking by tenants, their officers, agents, and employees to employee parking areas. If Landlord ever assigns non-covered parking spaces to other tenants, Tenant will be assigned a fair number of parking spaces at no charge. The number of parking spaces assigned to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit be determined by looking at the rentable area of the Premises versus the rentable area let by the other tenants. All common areas and enjoyment of facilities not within the Premises, which Tenant may be permitted to use and occupy, are to be used and occupied under a revocable license, and if the amount of such areas be diminished, Landlord will have the right to: (a) Close off shall not be subject to liability nor shall Tenant be entitled to any compensation or diminution or abatement of the Common Areas to whatever extent required in the reasonable opinion rent, nor shall such diminution of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer areas be deemed to be a part of the Common Areasconstructive or actual eviction.

Common Areas. As used in In accordance with the terms of this Lease, Landlord grants to Tenant and its agents, servants, employees, guests, invitees and patrons a non-exclusive license during the term “Term of this Lease to use the Common Areas” meansAreas in common with others for their intended purposes (e.g. access, without limitationingress and egress), subject to the reasonable control and management thereof by Landlord. Subject to the other terms of this Lease, Tenant's rights to use the Common Areas shall remain in full force and effect during the Term of this Lease and shall only be terminated upon the expiration or earlier termination of this Lease. Landlord shall, at Landlord's sole cost and expense, operate and maintain or shall cause to be operated and maintained the Hotel in accordance with the terms and conditions of the License Agreement, specifically including, but not limited to, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilitiesrequirements set forth in Section 5 thereof. Landlord has the right at any time, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord for the general nonexclusive use time, to (i) establish, modify and convenience of Tenant with Landlord enforce reasonable rules and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except regulations with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; ; (bii) Temporarily close any enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of the Common Areas for maintenance, alteration, Areas; (iii) close temporarily any or improvement purposesall portions of the Common Areas; and (civ) Change the size, discourage non-customer use, shape, or nature of any ; and (v) do and perform such other acts in and to said Common Areas, as, in the exercise of good business judgment, Landlord shall determine to be advisable; PROVIDED, HOWEVER, no such rule, regulation or action of Landlord shall materially and adversely interfere with Tenant's, its agents, servants, employees, guests, invitees and patrons access to the Premises, including erecting additional Buildings on the license to utilize the Common Areas, expanding or Tenant's ongoing business operations at the Building Premises. Landlord shall not allow buildings, structures, landscaping, kiosks, stands or other Buildings to cover a vending or obstructions in the portion of the Common Areas, converting Common Areas to a portion Area located within fifty (50) feet of all exterior walls of the Building Premises (regardless of whether such walls are on the exterior or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion interior of the Building Hotel and/or Casino) (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areas"View Easement Area").

Common Areas. As used in this Lease, the term “Common Areas” means, without limitation, the above ground (a) The Landlord agrees to maintain parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restroomssidewalks, trash facilitiesroadways, exits and all entrances of the shopping center. The Tenant shall have the right, as an appurtenance to the Premises, to use the parking areas, roadways, sidewalks, entrances and exits and other areas common facilities within the shopping center in common with others entitled to the use thereof, in accordance with and facilities in subject to the Project that are provided provisions of this lease and designated such reasonable regulations with respect to the use thereof as the Landlord shall from time to time by establish. The Landlord for may make from time to time reasonable changes in any of the general nonexclusive use and convenience common facilities in the shopping center, which in the sole judgment of the Landlord, will not detract from the usefulness or attractiveness of such common facilities, except Landlord will not construct any new buildings in the area designated the "No Build Area" on Exhibit "A". The Tenant agrees not to cause or permit any obstruction or other interference with Landlord and their guestsany roadway, invitees, employees, licenseessidewalk, or visitorsother common facility appurtenant to the Premises. Without advance written notice No trucks or other delivery vehicles shall park or be permitted to Tenant, except with respect to matters covered by Article 12(a) belowpark in the parking areas within the shopping center, and without any liability to Tenant all loading or unloading of merchandise, supplies, fixtures, equipment and furniture shall be done at and through the proper service entrance or entrances in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair the rear or adversely affect Tenant’s substantial benefit and enjoyment the side of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas;. (b) Temporarily close any The Landlord agrees during the term hereof to operate, manage and maintain all such parking areas, roads, and other common facilities within the Shopping Center, exclusive of the Common Areas parking areas and landscaping in the Premises, if any, and to maintain the landscaping, drainage and lighting facilities therefor, all in such manner and at such cost as the Landlord in its sole judgment may determine, it being understood and agreed that the Landlord shall not be liable for maintenanceany inconvenience or interruption of business or other consequence resulting from the making of repairs, alterationreplacements, improvements, alterations or additions or by doing of any other work with respect to such common facilities, where such delay or failure is attributable to strikes or other labor conditions, inability to obtain labor or materials or services, or improvement purposes; andto any other cause beyond the Landlord's reasonable control. (c) Change The Tenant agrees to require its employees to park their cars only in such areas as the sizeLandlord may from time to time designate as employees' parking areas. (d) Common area shall mean all service areas, useparking areas, shapeaccessways, sidewalks, common area lighting systems, landscape areas, common area utility systems, directional and pylon signs and like items. Tenant, as additional rent, agrees to pay to Landlord, without offset or nature of any such Common Areasdeduction, including erecting additional Buildings in equal monthly installments on the Common Areasfirst day of each and every calendar month during the primary term hereof and any extension periods, expanding the Building or other Buildings to cover a (pro-rata for that portion of the Common Areascalendar month in which the term hereof shall commence, converting Common Areas to if such portion is shorter than a portion full month) as its share of the Building cost to Landlord of keeping and maintaining the parking areas and other common facilities, the annual amount equal to Tenant's pro-rata share as defined hereinafter of all costs and expenses of every kind and nature as may be paid, incurred or amortized by Landlord in operating, managing, equipping, lighting, repairing, replacing and maintaining the common areas including but not limited to, parking areas, common facilities and related services, properly identification and traffic signs, and in policing the Shopping Center and affording protection thereof against fire (if and to the extent that such policing and/or fire protection is provided) as determined in accordance with generally accepted accounting principles and allocated to any particular fiscal year on the accrual method of accounting. Such costs and expenses shall include, but shall not be limited to: maintaining, cleaning, snow plowing, sanding, salting, and lighting the parking area and other Buildingscommon areas; costs and expenses of planting, altering replanting and replacing flowers and landscaping; water and sewerage charges; premiums for liability, property damage, fire and workmen's compensation insurance including an allocation by Landlord's insurance advisor for claims paid or to be paid by Landlord under Landlord's retention (beneath Landlord's insurance deductible); wages, unemployment taxes; social security taxes; personal property taxes; fee for required licenses and permits; supplies, operation of loud speakers and any other equipment used in the Common Areas operation, repair and maintenance of the common areas, common facilities and related services; and administrative costs equal to fifteen percent (15%) of the total costs paid or incurred by Landlord under this Paragraph, but there shall be excluded depreciation of the original costs of constructing, erecting and installing the common areas, common facilities and related services. Tenant's pro-rata share of the costs and expenses referred to herein shall be that same percentage as set forth hereinbefore relating to Tenant's share of Real Estate Taxes. During the first lease year, the Tenant shall pay Landlord the annual sum of $36,480.00, payable monthly in order to comply advance, together with the ADApayments of rent due hereunder, or converting in the sum of $3,040.00 per month. These amounts are based on the Premises consisting of 32,000 square feet and shall be proportionately reduced if the Premises are reduced in size. If Landlord shall determine that any portion sums are owed it after the end of Landlord's fiscal year, Landlord shall furnish to Tenant a statement in reasonable detail of the Building (excluding actual common area costs and expenses paid or incurred by Landlord during such period prepared in accordance with generally accepted accounting principles by Landlord, and thereupon there shall be an adjustment between Landlord and Tenant in the Premises) event that such pro-rata share shall be greater or other Buildings less than the amount paid by Tenant as the case may require to Common Areasthe end that Landlord shall receive the entire amount of Tenant's pro-rata share of such costs and expenses. Upon erection At the end of any additional Buildings or each fiscal year during the term hereof, Landlord may adjust Tenant's monthly common area maintenance payment so that the amount shall equal one-twelfth of Tenant's annual pro-rata share as set forth in Landlord's most recent statement. Such statement shall be conclusive between the parties. Landlord reserves the right to change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasits fiscal year.

Common Areas. As The term "Common Areas" as used in this Lease, the term “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and Lease shall mean all other areas and facilities in around the Project that Premises and within the exterior boundaries of the Property which are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and other tenants or occupants of the Building and their guests, invitees, respective employees, licenseesinvitees or other visitors. Common Areas include, without limitation, the Common Services Space, the lobby area, walkways, parking facilities, landscaped areas, sidewalks, service quarters, hallways, restrooms (if not part of the Premises), stairways, elevators, walls, fire stairs, telephone and electric closets, truck docks, plazas, service areas, lobbies, darkroom, pantry, small conference room, glass wash room, equipment corridor, walk-in cold room, and all other common and service areas of the Property and Building or visitorsany other area of the Project intended for such use, other than Specialized Research Cores (defined in Section 9.2 hereof). Floors wholly occupied by Tenant shall not have any facilities which would be used in common with other tenants, except for fire stairs, shafts and similar installations. Tenant, its employees and invitees shall have the nonexclusive right to use the Common Areas along with others entitled to use the same, subject to Landlord's rights and duties as hereinafter set forth. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, Tenant or consent of Tenant and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will shall have the right to: (a) Close establish and enforce reasonable rules and regulations concerning the maintenance, management, use and operation of the Common Areas; (b) close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord and its counsel to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (bc) Temporarily temporarily close any of the Common Areas for maintenance, alteration, alteration or improvement purposes; (d) select, appoint and/or contract with any person for the purpose of operating and maintaining the Common Areas; and (ce) Change change the size, use, shape, shape or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas . Landlord shall use its reasonable efforts to a portion minimize interference with Tenant's use of and access to the Building or other Buildings, altering Premises when exercising Landlord's rights with respect to the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasset f011hin this Article IX.

Common Areas. As used in this Lease, the term “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and Area" is defined to mean all other areas and facilities in outside the Project Premises and within the exterior boundary line of the Property that are provided and designated from time to time by Landlord for the general nonexclusive non-exclusive use or benefit of Landlord, Tenant and convenience other tenants of Tenant with Landlord the Property and their guests, invitees, respective employees, licenseesagents, customers and invitees. Common Area may include, without limitation, parking areas, common loading and unloading areas, common trash areas, roadways, sidewalks, walkways, parkways, driveways, corridors, landscaped areas and any restrooms used in common by two or visitorsmore tenants of the Property. Without advance written notice to Tenant, except its employees, agents, customers and invitees shall have the non-exclusive right (in common with respect to matters covered by Article 12(a) belowother tenants, Landlord, and without any liability other person granted use by Landlord) to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment use of the PremisesCommon Area. Tenant agrees to abide by and conform to, and to cause its employees, agents, customers and invitees to abide by and conform to, an rules and regulations established by Landlord, subject to provisions of Article 21. Landlord will have has the right to: right, in its sole discretion, from time to time, to (a1) Close off make changes to the Common Area, including without limitation changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, ingress, egress, walkways and sidewalks,(2) close temporarily any of the Common Areas Area for maintenance or other purposes so long as reasonable access to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public Premises is not materially impaired; (3) add additional improvements to the Common Areas; Area and the Property; (b4) Temporarily close any of use the Common Areas for maintenanceArea while engaged in making additional improvements, alterationrepairs or alterations to the Property or any portion thereof; (5) so long as Tenant's access to the Premises is not materially impaired, do and perform any other acts or improvement purposes; and (c) Change make any other changes in, to or with respect to the sizeCommon Area and Property as Landlord may, usein the exercise of sound business judgment, shapedeem to be appropriate. Landlord shall have the sole right and authority to operate, maintain and repair or nature of any such Common Areascause to be operated, including erecting additional Buildings on maintained and repaired, the Common Areas, expanding the Building or other Buildings subject to cover a portion of the Common Areas, converting Common Areas reimbursement pursuant to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common AreasArticle 8.

Common Areas. As used in this Lease, the term “"Common Areas” " means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s 's substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change Subject to the provisions of Article 27, change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areas.

Common Areas. As used in this Lease(a) Subject to the provisions of Sections 6.8 and 6.9, Lessee shall have the term “nonexclusive, shared right to the reasonable use of all Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord Areas as described on Exhibit 6.10 attached for the general nonexclusive purposes intended, which use shall be in compliance with all Applicable Laws and convenience Other Requirements and shall be subject to the terms of Tenant this Land Lease and to the Rules and Regulations. Lessee shall not interfere with Landlord and their gueststhe rights of any or all of Lessor, inviteesLessor’s Agents, employees, other lessees or licensees, or visitorsany other person entitled to use the Common Areas, including any excessive use thereof by Lessee or Lessee’s Agents. (b) Lessor shall at all times have exclusive control of the Common Areas. Without advance written notice to TenantLessor shall have the right, except with respect to matters covered by Article 12(a) below, exercisable in its sole and absolute discretion and without the same constituting an actual or constructive eviction and without entitling Lessee to any liability to Tenant in any respectabatement of Rent or other right or remedy, provided Landlord will take no action permitted under Article 12 (a) in such a manner so long as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment none of the following prevents or unreasonably restricts Lessee from operating the Lessee Business on the Leased Premises, Landlord will have the right to: : (ai) Close off close any part of the Common Areas to whatever extent required in the reasonable opinion of Landlord Lessor to prevent a dedication thereof or the accrual of any prescriptive rights therein or to permit the holding of events or permit the temporary use thereof for charitable or commercial purposes; (ii) temporarily close the Common Areas to perform repairs or maintenance or for any other reason deemed sufficient by Lessor; (iii) change the shape, size, location and extent or hours of operation of the Common Areas; (iv) eliminate from or add to the Property any land or improvement; (v) make changes to the Common Areas (except for the location of Access Roads which is governed by Section 6.9), including, without limitation, changes in the location of Site Amenities, entrances, passageways, doors and doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, sidewalks or the direction of the flow of traffic and the site of the Common Areas; (vi) remove unauthorized persons from the Common Areas, the Leased Premises and the Property; and/or (vii) change the name or address of the Property. Lessee shall keep the Common Areas clear of all obstructions, debris or rubbish created or permitted by Lessee. If, in the reasonable opinion of Lessor, unauthorized persons are using any of the Common Areas or by reason of the accrual presence of Lessee at the Property, Lessee, upon demand of Lessor, shall restrain such unauthorized use by appropriate proceedings. In exercising any such rights by any person or the public to regarding the Common Areas;, Lessor shall make a reasonable effort to minimize any disruption to the Lessee Business. (bc) Temporarily close The easements, licenses and rights of use granted to Lessee pursuant to Sections 6.7, 6.8, 6.9 and this Section 6.10 and otherwise pursuant to this Land Lease (collectively, “Licenses”) shall expire and completely and automatically terminate (without any further action or instrument) upon the expiration or sooner termination of the Term. In Lessee’s use of the Licenses, Lessee shall cooperate with Lessor to create as little interference as practicable with Lessor’s operations on, and Lessor’s use and enjoyment of, the Property. Lessee shall not cause or permit any damage or injury to occur to the portion of the Property that is subject to the Licenses, or any part thereof or person or property located thereon. Lessee shall be solely responsible for any damage caused by Lessee (or any officer, director or employee, agent, licensee or invitee thereof) to any of the Common Areas for maintenanceand, alterationupon Lessor’s request, or improvement purposes; and (c) Change the size, use, shape, or nature of shall promptly repair any such Common Areasdamage or promptly pay the cost of such repair to Lessor, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasas elected by Lessor.

Common Areas. As used in Subject to the Building Rules and other provisions of this Lease, the term “Common Areas” meansTenant shall have the non-exclusive access to, without limitationuse of, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the PremisesCommon Areas twenty-four (24) hours a day, Landlord will have the right to: fifty-two (a52) Close off any weeks a year for purposes consistent with their intended use. All of the Common Areas shall be subject to whatever extent required in (i) the exclusive but reasonable opinion of Landlord to prevent a dedication of any control, management and regulation of the Common Areas Landlord and (ii) the terms of this Lease. The Tenant shall not obstruct or the accrual of any rights by any person or the public to damage the Common Areas; (b) Temporarily close any . Subject to the terms of this Lease, the Common Areas for maintenanceLandlord shall have the right, alterationfrom time to time, or improvement purposes; and (c) Change to change the location, size, use, shape, appearance or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion configuration of the Common Areas, converting Common Areas provided that such changes do not materially or unreasonably (a) limit the Tenant’s access to a portion the Premises, (b) reduce or eliminate the Landlord’s provision of any amenities (e.g., the Fitness Center (subject to the provisions of Section 15.02), the Auditorium, etc.) and/or (c) materially and adversely affect (I) the Tenant’s Permitted Use and the benefit of the Building or other BuildingsPremises and/or (II) access, altering the Common Areas in order to comply with the ADAuse of, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part and enjoyment of the Common Areas. The Tenant shall make no changes or alterations to the Common Areas and the Tenant shall not materially obstruct in any way the Landlord’s or any other person’s right of access, use or enjoyment of the Common Areas. All of the Common Areas which the Tenant may be permitted to use hereunder shall be used and occupied under a non-exclusive right for access and use with others. If the Common Areas are changed or restricted by the Landlord as set forth hereinabove or if the Tenant’s use thereof is affected by the use of others as permitted hereinabove, the Landlord shall not be subject to any personal liability for diminution of use, nor shall the Tenant be entitled to any compensation or diminution or abatement of Base Rent, nor shall such change, restriction or use by others be deemed a constructive or actual eviction of the Tenant, excepting changes that materially and adversely affect the Tenant’s Permitted Use, the benefit of the Premises and its access rights to the ATM or any night depository, in accordance with this Lease.

Common Areas. As used in this Lease(a) All areas, space, equipment and services provided by Lessor, if any, for the term “Common Areas” meanscommon use and benefit of Lessor and the occupants of the Building, their respective employees, agents, customers and invites, including without limitationlimiting the generality of the foregoing, the above ground exterior Building surfaces, support and all structural elements, roof, parking area, hallways, entryways, stairs, elevatorsareas, driveways, walkwayspassages, terraces, loading docks, loading sidewalks, ramps, open and enclosed courts and halls, landscaped areas, restroomssigns (except for Lessee's sign, trash facilitiesif any, as described in Paragraph 37 herein below), exterior stairways, retaining walls, rest-rooms not located within the leased premises of any tenant and all other areas and improvements provided by Lessor for the common use of Lessor and tenants shall be deemed "Common Area", and shall be subject to the exclusive control and management of Lessor. Lessor shall have the right to police the Common Areas; to change the area level, location and arrangement of parking areas, and other facilities; to reasonably restrict parking by Lessee; to close all or any portions of said Common Areas or facilities to such extent as may be legally sufficient to prevent a dedication thereof or the accrual of any right to any person or the public therein; and to temporarily close all or any portion of the parking areas or facilities to discourage non-customer parking. Lessor shall also have the right to make changes, additions, deletions, alterations and improvements in and to the Common Areas, or any portion thereof, and there shall be no reduction in the Project that are provided rent or other sums due under this Lease as a result of any of the same except any decrease or change in parking spaces requires Lessee's written consent. Lessor shall operate and designated maintain the Common Areas in such manner as Lessor in its discretion shall determine, and Lessor shall have full right and authority to employ and discharge all personnel with respect to the operation and maintenance of the Common Areas. Lessee agrees to comply with all rules and regulations which may from time to time be promulgated by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except Lessor with respect to matters covered by Article 12(a) below, the operation and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any use of the Common Areas Area services being furnished the Building unless due to whatever extent required in the reasonable opinion negligence of Landlord Lessor, provided no such failure or interruption shall entitle Lessee to prevent a dedication terminate this Lease or entitle Lessee to any right of setoff against the payment of rent or any other sums due from Lessee under this Lease. (b) Lessor shall not be liable for any damage of any of nature whatsoever to, or any theft of, automobiles or other vehicles or the contents thereof, while in or about the parking areas located within the Common Areas or the accrual property, unless caused by negligence of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; andLessor. (c) Change Notwithstanding anything herein to the sizecontrary, useLessor shall not be obligated to provide any type of security in or about the Premises, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common AreasProperty for Lessee, converting Common Areas to a portion of the Building its customers, guests, contractors, concessionaires, agents, lessees or other Buildings, altering the Common Areas in order to comply with the ADAinvitees, or converting guarantee the safety or security of Lessee, its customers, guests, contractors, concessionaires, agents, lessees or invitees. If Lessor is made a party to any portion litigation commenced as a result of the Building (excluding the Premises) Lessor's alleged failure to provide security personnel for Lessee, its customers, guests, contractors, concessionaires, agents, lessees or other Buildings to Common Areas. Upon erection of any additional Buildings invitees, then Lessee shall protect, defend and hold Lessor harmless and shall pay all costs, expenses and attorney's fees incurred or change paid by Lessor in Common Areasconnection with such litigation, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasincluding all appeals therefrom.

Common Areas. As used in this Lease, the term “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) During the Term, until the occurrence of the Multi‑Tenant Occupancy Date, Tenant shall have the exclusive use and possession of all Common Areas (subject to all applicable provisions of this Master Lease, Legal Requirements and Encumbrances) and shall be solely responsible therefor, including all maintenance and repairs relating thereto, and shall pay all CAM Expenses and all Property Document CAM Expenses, and the maintenance and repair obligations pursuant to Section 10.1. (i) From and after the Multi‑Tenant Occupancy Date, Landlord shall operate and maintain (or cause to be operated and maintained) the Common Areas located wholly within the Property in such a manner as Landlord, in its reasonable discretion, shall determine as being compliant with the Legal Requirements and Encumbrances, but subject to materially impair the terms and conditions of this Master Lease relating to any conditions, rights or adversely affect restrictions of Landlord’s and Landlord’s Related Users in the Common Areas located wholly within the Property, further subject to Tenant’s substantial benefit obligations in Section 10.1(c). Tenant shall have a nonexclusive right and enjoyment license to use the Common Areas in common with Landlord, and their respective Related Users (including all of the Premisessame Persons with respect to the Recapture Space and Additional Recapture Space), Landlord will have for the right to: (a) Close off any sole purposes of access, ingress, egress, loading and unloading, and parking, subject to the provisions of this Master Lease, all Encumbrances, and all applicable Legal Requirements and Insurance Requirements. Tenant’s use of the Common Areas shall be subject to whatever extent required all rules and regulations set forth in the applicable Encumbrances (including, without limitation, any rights of any parties (including Landlord) to reconfigure or alter such Common Areas, at any time and from time to time), and the reasonable, nondiscriminatory rules and regulations promulgated by Landlord in its discretion from time to time, including the designation of specific areas within Landlord’s premises or in reasonable opinion proximity thereto in which automobiles owned by Tenant’s Related Users shall be parked and to accommodate the reasonable requests and requirements of Landlord and Landlord’s Related Users, provided, that the same shall not increase Tenant’s obligations or decrease Tenant’s rights or remedies under this Master Lease, in any material respect. Furthermore, Tenant covenants not to prevent a dedication of do or permit to be done any of act in, on or about the Common Areas or the accrual Demised Premises which would interfere with the use or enjoyment of the premises demised under the Leases or any Recapture Space (or any adjacent shopping center, shopping mall or third‑party owner’s property, as the case may be), or the Common Areas by Landlord, its other tenants, authorized users and assigns, or the other owners, tenants, or occupants of any rights by any person adjacent shopping center, shopping mall, as the case may be, or the public respective agents, employees, customers, licensees and invitees of any of the foregoing parties. (ii) Subject to the Common Areas; provisions of any applicable Encumbrances, Legal Requirements and Insurance Requirements and the terms and conditions set forth in this Section 10.2(a)(ii), subsequent to the Multi‑Tenant Occupancy Date with respect to a Demised Premises, Tenant, Landlord and Landlord’s Related Users shall have the right to (bA) Temporarily close any to utilize portions of the Common Areas for maintenanceoutdoor events, alterationactivities, shows, displays, temporary special promotional events, including sales from temporary facilities, and including carnivals, automobile and boat shows and sales, sales of rugs, cars, spas, plants and antiques, tent sales, and National Safety Weekend events and other charity events (including charity walks); or improvement purposes(B) to utilize the lighting standards and other areas in the parking lot for advertising purposes ((A) and (B) collectively, the “Promotional Rights”), subject to Landlord’s reasonable rules and regulations applicable to all tenants of the Property with respect to the manner of the exercise of such Promotional Rights; and provided, that (cx) Change Tenant’s Promotional Rights shall include, and Tenant shall exercise Promotional Rights in a manner described in Section 10.2(a)(ii)(A) that is consistent with, the sizehistorical practices of Tenant at that Store or that may be conducted on a regional basis with respect to an affected Store (including, usewithout limitation, shapeoutdoor garden and/or patio shops), or and such other uses in connection with the natural evolution of Tenant’s generally permitted use of the Demised Premises (subject to Landlord’s reasonable approval of such other uses), and (y) Tenant shall not exercise any Promotional Rights in a manner (as opposed to the nature of the use) that would reasonably be expected to have a material adverse impact on Landlord or any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building third party tenant to whom Landlord has leased or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building licensed all or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building Property other than the Demised Premises (excluding “Third Party Tenant”). Landlord shall have the Premises) right to grant Promotional Rights to any Third Party Tenant, provided, that, no such Promotional Rights shall be exercisable in a manner that would reasonably be expected to have a material adverse impact on Tenant, Landlord or any other Buildings Third Party Tenant. Tenant, Landlord and third‑party Tenants shall work cooperatively and in good faith to Common Areas. Upon erection of any additional Buildings or change in Common Areas, coordinate the portion exercise of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of Promotional Rights in accordance with the Common Areasforegoing provisions.

Common Areas. As used in this LeaseAll private sidewalks, the term “Common Areas” means, without limitation, the above ground parking arealighting facilities, hallways, entrywaysstairways, stairslobbies, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, restrooms and all other areas and facilities in the Project that are improvements provided and designated from time to time by Landlord for the general nonexclusive use and convenience in common of Tenant with Landlord lessees and their guestscustomers in the Building (all herein collectively called the “Common Areas”) shall at all times be subject to the exclusive control and management of Landlord; provided, inviteeshowever, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, that Landlord’s exclusive control and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any management of the Common Areas shall not be deemed an undertaking by Landlord to whatever extent required ensure or be a guaranty of the safety of Tenant or any of its agents, employees, contractors, customers or invitees, or the property of any such parties. Tenant shall have the non-exclusive right to use the Common Areas, in common with other lessees in the reasonable opinion of Landlord Building, subject to prevent a dedication of any the Rules and Regulations (as hereinafter defined). If the size or configuration of the Common Areas is diminished or altered, Landlord shall not be liable to Tenant on account thereof nor shall Tenant be entitled to any compensation or reduction or abatement of the accrual of Rent, and any rights by any person such diminution or alteration shall not be considered a constructive or actual eviction. Tenant also agrees that Landlord shall have the public right to do and perform such acts in and to the Common Areas; (b) Temporarily close any Areas as Landlord, in the exercise of its good faith business judgment, shall determine from time to time to be advisable. Landlord shall use commercially reasonable efforts to ensure that Landlord’s control of and acts within the Common Areas do not materially hinder access to, nor materially diminish Tenant’s quiet enjoyment or use of, the Premises. To the extent permitted by law, Tenant may use the Building’s fire stairs connecting the floors of the Premises as convenience stairs for maintenanceinter-floor access within the Premises. To the extent permitted by law and provided Landlord’s keycards continue to provide access, alterationTenant may install an internal key card system as part of this right at Tenant’s expense. Landlord may require that any system so installed by Tenant be compliant, or improvement purposes; and (c) Change the sizecompatible, use, shape, or nature of any such Common Areasand installed in a coordinated manner with Landlord’s fire and security systems, including erecting additional Buildings on giving the Common Areas, expanding main Building system the Building ability to lock or other Buildings to cover a portion unlock the doors in the event of an emergency or test. Tenant’s indemnity obligations under Section 18(a) of the Common AreasLease are hereby expanded to include accidents or occurrences in or about the stairwell, converting Common Areas in addition to a portion in or about the Premises. At Landlord’s request, Tenant shall be required to remove Tenant’s card key access system and restore any damage caused thereby upon the expiration or earlier termination of the Building or other Buildings, altering Lease. Any alterations that Tenant desires to perform in the Common Areas in order to comply Building’s stairwells must be compliant with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer code and may only be deemed to be a part of the Common Areasmade with Landlord’s prior written consent.

Common Areas. As used (a) The Demised Premises are demised together with the right for the Tenant, its agents, servants, employees, invitees, licensees and all persons having business with it or claiming under it, and all persons employed in this Leaseor having business with the Demised Premises, in connection with their business in the Shopping Center and their respective agents, servants, employees, customers, invitees and licensees, the term “common areas of the Shopping Center (hereinafter called the "Common Areas” means") consisting of: (a) the parking areas, roadways, driveways, the entrances on foot, and landscaped areas and malls; and (b) all other areas and facilities now or hereafter at the Shopping Center and intended for common use. (b) Except as provided in Section 4.3, and unless required by law, Landlord shall not make or impose on Tenant or any other occupants of the Demised Premises, or on any agents, servants, employees, customers, invitees or licensees of Tenant or such other occupants, or on any persons doing business with the Demised Premises or the Shopping Center, any fee or charge for the use of the Common Areas or of any additions to the Common Areas. (c) Landlord covenants and agrees that throughout the term hereof at its expense, subject to Section 4.3: (i) it will keep and maintain in good and usable order and condition, and make all necessary repairs and replacements to the Common Areas and any additions thereto, including, without limitation, the above ground paving of the parking areaareas (including striping), hallwaysroadways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilitieswalks, and all other areas and facilities driveways in the Project that are provided Shopping Center, landscaping and designated from time to time by Landlord for the general nonexclusive use lighting and convenience drainage systems of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12the Shopping Center; (aii) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord it will have the right to: (a) Close off any keep all of the Common Areas to whatever extent required in the reasonable opinion properly drained and reasonably free of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areassnow, ice, refuse and obstructions; (biii) Temporarily close any it will keep the parking areas, roadways, walks and driveways within the Shopping Center lighted during the regular business hours of the Common Areas Shopping Center and all the hours when the Demised Premises shall be open for maintenancebusiness, alteration, or improvement purposesand for a reasonable time thereafter; and (civ) Change it will provide adequate security guards and services for the sizeShopping Center as determined to be necessary in Landlord's reasonable judgment. SECTION 4.2 The layout of, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areasand striping and lighting in, the portion of the Project upon parking area designated as a "No Change Area" shall not be chanted without Tenant's consent, which Buildings or structures have been erected shall no longer not be deemed to unreasonably withheld. The "No Change Area" shall be a part determined by creating imaginary lines brought forward from the side walls of the Common AreasDemised Premises and extended directly in front of the Demised Premises a distance of one hundred (100) feet. It is understood and agreed that Landlord may change the number, dimensions and locations of the walks, buildings, parking areas and other facilities as Landlord shall deem proper or eliminate or add to buildings.

Common Areas. As used in this Lease, the term “Common Areas” meansshall mean the driveways, without limitationparking areas, walkways, sidewalk areas, landscaping, service areas, the above ground parking areaareas on individual floors in the Building devoted to corridors, hallways, entryways, stairsfire vestibules, elevators, drivewayslobbies, walkways, terraces, docks, loading areaselectric and telephone closets, restrooms, trash facilities, loading dock and all other similar facilities for the benefit of tenants and invitees and shall also mean those areas of the Building devoted to mechanical and facilities in service rooms servicing the Project that are provided and designated Building. Landlord shall have the right from time to time by Landlord for to designate, relocate and limit the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, particular areas or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any portions of the Common Areas provided that Landlord shall not materially adversely affect visibility of the exterior sign on the Building identifying Tenant, access to whatever extent required or availability of parking for the Premises, or otherwise materially and adversely interferes with Tenant’s business operations in the Premises. Provided Landlord uses reasonable opinion efforts (which shall not include any obligation to employ labor at overtime rates) to minimize disruption of Tenant’s business during the making of any such changes or alterations, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or abatement of rent arising out of the making of such changes or alterations. Landlord shall also have the right to limit or control access to the Building by third parties other than Tenant, its employees, customers and patrons. Landlord shall provide Tenant with electric and telephone closets within the Premises for Tenant’s exclusive use. Landlord shall not be permitted to enter such electric and telephone closets unless accompanied by Tenant’s representative. Tenant shall, subject to the approval of Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), have the right to prevent a dedication of any an easement on and under the portion of the Common Areas or shown on Exhibit H for the accrual installation, repair, maintenance, use and replacement of a fiber optics telecommunications cable to the Premises. Landlord shall not charge Tenant any fees for such installation in excess of any rights by any person or the public fees that may be charged to the Common Areas; (b) Temporarily close any of the Common Areas Landlord for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasinstallation.

Common Areas. As used Landlord hereby grants to Tenant a non-exclusive license to use, in this Leasecommon with all others to whom Landlord has or may hereafter grant such license, the term Common Areas (as hereinafter defined) located on Landlord’s Property. “Common Areas” means, without limitation, means the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restroomsroadways, trash facilitiespedestrian sidewalks, delivery areas, landscaped areas and all other areas and facilities in the Project that are provided and or improvements designated by Landlord, from time to time by Landlord time, for the general nonexclusive common use of the tenants or occupants of Landlord’s Property. Tenant shall keep the Common Areas free and convenience clear of Tenant with Landlord litter, trash and their guests, invitees, employees, licensees, debris resulting from or visitors. Without advance written notice attributable to Tenant, except with respect ’s operation from the Premises and shall cause its employees to matters covered by Article 12(a) below, and without any liability to Tenant park only in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any portion of the Common Areas specifically designated by Landlord for parking. Parking shall not be permitted on Landlord’s Property for more than twenty-four (24) consecutive hours or on any public or private street adjacent to whatever extent required in Landlord’s Property. Tenant shall not obstruct, interfere with or impede the reasonable opinion of Landlord to prevent a dedication of any use of the Common Areas. Landlord reserves the right, with respect to the Common Areas and Landlord’s Property, to (a) establish rules and regulations for the use thereof; (b) temporarily close all or any portion thereof as Landlord deems necessary to prevent the dedication thereof or the accrual of any rights by to any person or to the public to therein; (c) increase, diminish, change or reconfigure the Common Areas; (b) Temporarily close any layout of the Common Areas for maintenanceand to rent portions thereof; (d) install, alterationplace upon or affix to the roof over the Premises and the exterior walls of the Premises, such equipment, signs, displays, antennas and other objects or improvement purposes; and (c) Change the size, use, shape, or nature structures of any such Common Areaskind as Landlord may desire; and (e) increase, including erecting additional Buildings on the Common Areasdecrease, expanding the Building or other Buildings reconfigure and/or add to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering Landlord’s Property. Landlord shall maintain the Common Areas in order to comply with the ADA, or converting any portion good condition and repair and reasonably clear of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areassnow and debris.

Common Areas. As used Landlord and Tenant acknowledge that as the Premises constitutes all (or substantially all) of the Building, there are no “common areas” in the Building to which third parties have general rights of access or use; provided, however, given Landlord’s ownership of the Building, Project and ongoing obligations and rights set forth in this Lease, Landlord may nevertheless reasonably designate certain areas within the term Building and Project as “Common Areas,” meansincluding certain areas designated for the exclusive use of Landlord, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time or to time be shared by Landlord for the general nonexclusive use and convenience Tenant and, where applicable, third party owners and tenants of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public properties adjacent to the Common Areas; (b) Temporarily close any of the Common Areas for maintenanceProject; provided further, alterationhowever, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting no event shall any portion of the Building (excluding be deemed Common Area for purposes of such third parties. Subject to the Premises) or Rules and Regulations, Tenant shall have the non-exclusive right to use in common with Landlord and other Buildings to reasonably designated parties, such Common Areas. Upon erection The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of any additional Buildings Landlord and the use thereof shall be subject to such reasonable and non-discriminatory rules, regulations and restrictions as Landlord may make from time to time, provided that such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant under this Lease and the permitted use granted under Section 5.1, below. Landlord reserves the right to close temporarily, make alterations or additions to, or change in Common Areas, the portion location of elements of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of and the Common Areas; provided that no such changes shall be permitted which materially reduce Tenant’s rights or access hereunder. Except when and where Tenaxx’x xight of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the “Lease Term,” as that term is defined in Section 2.1, below.

Common Areas. As used (a) The use and occupation by Tenant of the Premises shall include a right to the use in this Lease, common with others entitled thereto of the term “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other common areas and other facilities in the Project that are provided and as may be designated from time to time by Landlord for Landlord, subject, however, to the general nonexclusive terms and conditions of this Lease. All common areas and facilities not within the Premises, which Tenant may be permitted to use and convenience occupy pursuant to this paragraph, are to be used and occupied under a revocable license. If the measure of such areas is diminished by Landlord, Landlord shall not be subject to any liability nor shall Tenant with be entitled to any compensation or diminution or abatement of rent, nor shall such diminution of such areas be deemed constructive or actual eviction. (b) Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except shall at all times during the term of this Lease have the following rights with respect to matters covered by Article 12(a) below, the common area and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12other facilities: (a1) Landlord shall have the right from time to time to alter and modify the common areas and other facilities as it deems desirable in its sole discretion; (2) Landlord may discontinue the existence of the common area subject to the requirements of laws and ordinances applicable thereto; (3) Landlord may uniformly promulgate and enforce such rules and regulations relating to the use of the common areas and other facilities as Landlord deems necessary or desirable. Landlord shall exercise the foregoing rights in such a manner as to materially impair or adversely affect minimize the interference with Tenant’s substantial benefit and 's beneficial enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; andpremises. (c) Change Notwithstanding anything to the sizecontrary, useduring the term of this Lease, shapeLandlord shall at all times operate and maintain the restrooms adjacent to the Premises (as depicted in the attached Exhibit B) and Tenant shall have continuous right of access and use of such restrooms. Landlord represents, or nature of any warrants and covenants that such Common Areasrestrooms, including erecting additional Buildings on any improvements made by Landlord, shall be in compliance with all laws and regulations, and built in a good and workmanlike manner with good materials, and the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas equipment and Landlord services serving such restrooms shall be in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasgood working order.

Common Areas. As used So long as Tenant is leasing all of the space in the Building, Tenant shall have the exclusive right to use the entire Premises, subject to the provisions of this Lease and subject to the rights of access of Landlord under this Lease. If, however, Tenant exercises any of its “give back rights” under this Lease, then Landlord shall have the term right to reasonably designate “Common Areas” means”, without limitationwhich shall mean all areas, space, facilities, equipment and signs made available by Landlord in the above ground Building or on the Property for the common and joint use and benefit of Tenant and other tenants and permittees of Landlord, and their respective employees, agents, subtenants, concessionaires, licensees, customers, and other invitees, and may include the sidewalks, parking areas, driveways, yard area, hallwayslandscaped areas, entrywayslobbies, restrooms, stairs, ramps, elevators, drivewaysexits and/or service corridors, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in to the Project that are provided and designated from time to time by Landlord extent not contained within any area exclusively appropriated for the general nonexclusive use and convenience of Tenant with any occupant. If Common Areas are designated by Landlord, then Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have also reserves the right to: (a) Close off any to impose reasonable rules and regulations relating to use of the Common Areas Areas; to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any construct, maintain and operate lighting and other facilities, equipment and signs on all of the Common Areas Areas; and to close temporarily all or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any portion of the Common Areas for maintenancethe purpose of making repairs or changes thereto. If Common Areas are designated by Landlord, alterationTenant is hereby given a license (in common with all others to whom Landlord has or may hereafter grant rights) to use, during the Lease Term, the Common Areas as they may now or improvement purposesat any time during the Lease Term exist; and (c) Change provided, however, that if the size, use, shape, location or nature arrangement of any such Common AreasAreas or the type of facilities at any time forming a part thereof are changed or diminished, including erecting additional Buildings on the Common AreasLandlord shall not be subject to any liability therefor, expanding the Building nor shall Tenant be entitled to any compensa-tion or other Buildings to cover a portion diminution or abatement of the Common AreasRent therefor, converting Common Areas to a portion nor shall such change or diminution of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer such areas be deemed to be a part of the Common Areasconstructive or actual eviction.

Common Areas. As used Landlord hereby grants to Tenant a non-exclusive license to use, in this Leasecommon with all others to whom Landlord has or may hereafter grant such license, the term “Common Areas (as hereinafter defined) located on Landlord's Property. "Common Areas” means, without limitation, " means the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restroomsroadways, trash facilitiespedestrian sidewalks, delivery areas, landscaped areas and all other areas and facilities in the Project that are provided and or improvements designated by Landlord, from time to time by Landlord time, for the general nonexclusive common use of the tenants or occupants of Landlord's Property. Tenant shall keep the Common Areas free and convenience clear of Tenant with Landlord litter, trash and their guests, invitees, employees, licensees, debris resulting from or visitors. Without advance written notice attributable to Tenant, except with respect 's operation from the Premises and shall cause its employees to matters covered by Article 12(a) below, and without any liability to Tenant park only in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any portion of the Common Areas specifically designated by Landlord for parking. Parking shall not be permitted on Landlord's Property for more than twenty-four (24) consecutive hours or on any public or private street adjacent to whatever extent required in Landlord's Property. Tenant shall not obstruct, interfere with or impede the reasonable opinion of Landlord to prevent a dedication of any use of the Common Areas. Landlord reserves the right, with respect to the Common Areas and Landlord's Property, to (a) establish rules and regulations for the use thereof; (b) temporarily close all or any portion thereof as Landlord deems necessary to prevent the dedication thereof or the accrual of any rights by to any person or to the public to therein; (c) increase, diminish, change or reconfigure the Common Areas; (b) Temporarily close any layout of the Common Areas for maintenanceand to rent portions thereof; (d) install, alterationplace upon or affix to the roof over the Premises and the exterior walls of the Premises, such equipment, signs, displays, antennas and other objects or improvement purposes; and (c) Change the size, use, shape, or nature structures of any such Common Areaskind as Landlord may desire; and (e) increase, including erecting additional Buildings on the Common Areasdecrease, expanding the Building or other Buildings reconfigure and/or add to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering Landlord's Property. Landlord shall maintain the Common Areas in order good condition and repair and reasonably clear of snow and debris. Nothing herein contained shall be construed as requiring Landlord to comply with remove any debris, ice or snow from the ADA, or converting any portion of the Building (excluding sidewalks adjoining the Premises) or other Buildings to Common Areas. Upon erection , which shall be the responsibility of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common AreasTenant.

Common Areas. As used 12.1 During the Term, Tenant shall have the non-exclusive right to use the Common Areas, as such Common Areas may be enlarged or reduced from time to time; provided, however, that the temporary or permanent unavailability due to damage, destruction or Taking of any or all of such Common Areas (so long as such permanent unavailability does not materially and adversely affect Tenant's access to or from public streets or reduce the available parking spaces below applicable legal requirements) shall not constitute a violation of this covenant. The scope of the Common Areas, as well as the manner, nature and method of their repair, maintenance and operation, shall be subject to the reasonable discretion of Landlord. Specifically, and without limitation, Landlord may, upon prior written notice to Tenant at any time or from time to time temporarily close any Common Area to make repairs or changes therein or within the Office Building Project, to prevent the acquisition of public rights in this Leasesuch area and/or to discourage non-customer parking. Landlord may do such other acts in and to the Common Areas as it deems desirable to improve the convenience thereof Landlord, at Landlord's cost and expense, shall, in the Common Areas, construct a designated break area/smoking area either on the south side of one building or in between the two buildings. ETelecare Global Solutions 7/01/05 12.2 Tenant shall not at any time interfere, or allow any other Tenant Parties to interfere, with the rights of Landlord or other persons or entities (including other tenants) to use any part of the Common Areas. Landlord shall have the right to regulate, by means of the Rules and Regulations, the term “use of the Common Areas” means, including, without limitation, the above ground right, subject to the provisions of the Parking Space License Agreement, to designate specific areas in which vehicles owned by Tenant and other Tenant Parties must be parked, to prohibit the parking areaof any such vehicles in any other part of the Office Building Project, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, to cause to be towed away (without liability on Landlord's part) any vehicles parked in derogation of the Rules and all other areas Regulations and facilities in the Project that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of be furnished with such information concerning Tenant with Landlord Parties and their guestsvehicles as Landlord may reasonably request. Landlord may, inviteesat all times during the Term, employees, licensees, exclude and restrain any disruptive or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair offensive persons from the use or adversely affect Tenant’s substantial benefit and enjoyment occupancy of the Premises, Landlord will have the right to: (a) Close off any Common Areas. None of the Common Areas to whatever extent required in shall be used for sidewalk kiosks, displays of merchandise or for the reasonable opinion of Landlord to prevent a dedication conduct of any business, operation, occupation or undertaking without Landlord's prior written consent. Tenant shall not use, or permit any other Tenant Party to use, the Common Areas for (a) canvassing, (b) soliciting or distributing handbills, leaflets or other advertising matter, (c) demonstrations, picketing or political or religious rallies, or (d) any other activity which would interfere with the use of the Common Areas or the accrual conduct of any rights by any person business in the Office Building Project or the public to the Common Areas; (b) Temporarily close any rights of Landlord or other occupants or users of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Office Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common AreasProject.

Common Areas. As used in The term "COMMON AREA" is defined for all purposes of this LeaseLease as that part of the Project intended for the common use of all tenants, including among other facilities, the term “Common Areas” meansground floor lobby, without limitationelevator lobbies and hallways on multi-tenant floors, the above ground parking areaareas, hallwaysprivate streets and alleys, entrywayslandscaping, stairs, elevators, driveways, walkways, terraces, dockscurbs, loading areas, restroomssidewalks, trash malls and promenades (enclosed or otherwise), lighting facilities, drinking fountains, meeting rooms, public toilets, the parking garage, and all other the like, but excluding: (i) space in buildings (now or hereafter existing) designated for rental for commercial purposes, as the same may exist from time to time; (ii) streets and alleys maintained by a public authority; (iii) areas and facilities in within the Project that are provided and designated which may from time to time not be owned by Landlord for (unless subject to a cross-access agreement benefiting the general nonexclusive use area which includes the Premises); and convenience (iv) areas leased to a single-purpose user where access is restricted. In addition, although the roof(s) of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (athe building(s) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any Project is not literally part of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenanceArea, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer it will be deemed to be a part so included for purposes of: (i) Landlord's ability to prescribe rules and regulations regarding same; and (ii) its inclusion for purposes of Operating Costs reimbursements. Landlord reserves the right to change from time to time the dimensions and location of the Common Areas.Area, as well as the dimensions, identities, locations and types of any buildings, signs or other improvements in the Project. For example, and without limiting the generality of the immediately preceding sentence, Landlord may from time to time substitute for any parking area other areas reasonably accessible to the tenants of the Building, as applicable, which areas may be elevated, surface or underground. Tenant, and its employees and customers, and when duly authorized pursuant to the provisions of this Lease, its subtenants, licensees and concessionaires, shall have the non-exclusive right to use the Common Area (excluding roof(s)) as constituted from time to time, such use to be in common with Landlord, other tenants in the Building, and other persons permitted by the Landlord to use the same, and subject to rights of governmental authorities, easements, other restrictions of record, and such reasonable rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord's ability to establish rules and regulations governing all aspects of the Common Area, Tenant agrees as follows:

Common Areas. As used All parking areas, access roads and facilities furnished, made available or maintained by Landlord in this Leaseor near the Hotel Complex, the term “Common Areas” meansincluding employee parking areas, without limitationtruck ways, the above ground driveways, loading docks and areas, delivery areas, multi-story parking areafacilities, hallways, entryways, stairspackage pickup stations, elevators, drivewaysescalators, walkwayspedestrian sidewalks, terracesmalls, docksincluding the enclosed mall, loading courts and ramps, landscaped areas, restroomsretaining walls, trash stairways, Monorail, first-aid and comfort stations, lighting facilities, sanitary systems, utility lines, water filtration and all other treatment facilities, those areas within and facilities in adjacent to the Project that are provided Hotel Complex for ingress and designated egress to and from the Hotel Complex, which from time to time may be provided by Landlord or others for the convenience, use or benefit of the tenants of the Hotel Complex, Landlord, the occupants and visitors of the Hotel Complex and their respective concessionaires, agents, employees, customers, invitees and licensees, those areas, if any, upon which temporary or permanent off-site utility systems or parking facilities serving the Hotel Complex, may from time to time be located and other areas and improvements provided by Landlord for the general nonexclusive use in common of tenants and convenience their customers in the Hotel Complex (all herein called “Common Areas”) shall, subject to the Tenant Protections, at all times be subject to the exclusive control and management of Tenant with Landlord and Landlord shall have the right, from time to time, to establish, modify and enforce reasonable rules, regulations and requirements with respect to all Common Areas. Tenant agrees to comply with, and to cause its employees and contractors to comply with, all such rules, regulations and requirements set forth by Landlord, provided Landlord agrees to apply all such rules, regulations and requirements on a reasonable, uniform basis and in good faith. Subject to the Tenant Protections, Landlord shall have the right from time to time to: change or modify and add to or subtract from the sizes, locations, shapes and arrangements of parking areas, entrances, exits, parking aisle alignments and other Common Areas; designate parking areas for Landlord, its employees and tenants, restrict parking by Tenant and Tenant’s employees to designated areas; construct surface, sub-surface or elevated parking areas and facilities; establish and from time to time change the level or grade of parking surfaces; add to or subtract from the buildings in the Hotel Complex; eliminate such access as may, from time to time, be available to the Hotel Complex; and do and perform such other acts in and to said Common Areas as Landlord in its reasonable discretion, uniformly applied, deems advisable for the use thereof by tenants and their guestscustomers. Notwithstanding the foregoing, inviteesif Landlord institutes a charge or fee to users of any parking areas or facilities of the Hotel Complex, employees, licensees, such charge or visitors. Without advance written notice fee shall not be applicable to Tenant, except with respect its employees or agents nor, subject to matters covered by Article 12(a) belowappropriate validation, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areascustomers.

Common Areas. As Landlord hereby grants to Tenant for the common use of ------------ Tenant, its customers, employees, agents and invitees together with other tenants of the Building, their customers, employees, agents and invitees throughout the Lease Term, the right to use the common areas within the Building. The term "Common Area," as used herein, shall refer to all portions of ----------- the Building (except for the areas specifically leased to Tenants), including, but not limited to, all aisles, corridors, stairways, entrances, sidewalks, roofs, atriums, elevators, and all utility, mechanical, services, systems, fixtures and facilities used in common by the tenants of the Building and situated within or servicing the Building. The Common Areas shall be subject to the exclusive control and management of Landlord and Landlord shall have the right to establish reasonable rules and regulations with respect to the Common Areas, to modify, change and rescind the same, from time to time, provided such rules and regulations shall not be established or enforced in a manner that unreasonably diminishes Tenant's rights to the Common Area or materially adversely affects Tenant's access to the Premises or to the parking facilities, and to enforce-the same under the terms of this Lease, the term “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilitiesand Tenant covenants and agrees to abide by and conform with, and all other areas and facilities in the Project that are provided and designated from time Tenant shall use reasonable efforts to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their cause its employees, agents, tenants, sublessees, assignees, representatives, guests, inviteeslicensees and invitees to abide by and conform with, employees, licensees, such rules and regulations subject to Section 17.14. Landlord shall have the right to use the Common Areas for charitable or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and commercial events at reasonable times without any liability obligation or compensation to Tenant in any respect, provided such uses do not materially interfere with Tenant's access to or use of the Premises or its quiet enjoyment thereof. Landlord will take no action permitted under Article 12 (a) shall not alter the Common Area in such a manner as to materially impair interfere with the conduct of Tenant's business on the Premises or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public 's access to the Common Areas; (b) Temporarily close any of Premises or to the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas parking facilities without Tenant's consent which Tenant may withhold in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasits sole discretion.

Common Areas. As used in this Lease(A) Lessor shall make available within or adjacent to the XXXXXX X. XXXXXXXXX, the term “TRUSTEE such Common Areas” means, without limitationtogether with any Common Areas made available by means of cross easements and/or reciprocal construction, the above ground parking areaoperating and easement agreements, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated as Lessor shall from time to time by Landlord time, deem to be appropriate for the general nonexclusive XXXXXX X. XXXXXXXXX, TRUSTEE and Lessor shall operate and maintain such Common Areas for their intended purpose. Lessee shall have the non-exclusive right during the term of this Lease to use and convenience of Tenant with Landlord and (for their guestsintended purposes) the Common Areas for itself, its employees, agents, customers, invitees, employeeslicensees and concessionaires subject, licenseeshowever, or visitors. Without advance written notice to Tenantthe provisions of this Article. (B) All Common Areas shall be subject to the exclusive control and management of Lessor, except and Lessor shall have the right, at any time and from time to time, to establish, modify, amend and enforce uniform rules and regulations with respect to matters covered the common Areas and the use thereof. Lessee agrees to abide by Article 12(a) belowand conform with such rules and regulations upon notice thereof, to cause its concessionaires, invitees and without any liability licensees and its and their employees and agents, to Tenant in any respect, provided Landlord will take no action permitted under Article 12 abide and conform. Lessor shall have the right (a) in such a manner as to materially impair close, if necessary, all or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any portion of the Common Areas to whatever such extent required as may in the reasonable opinion of Landlord Lessor's counsel be reasonably necessary to prevent a dedication of any of the Common Areas or public taking thereof or the accrual of any rights by of any person or of the public to the Common Areas; therein, (b) Temporarily to close temporarily all or any portion of the Common Areas for maintenanceto discourage non- customers' use, alteration, or improvement purposes; and (c) Change to use portions of the sizeCommon Areas while engaged in making additional improvements or repairs or alterations to the XXXXXX X. XXXXXXXXX, useTRUSTEE, shape(d) to transfer, in whole or in part, any of Lessor's rights and/or obligations under this Article, to any other Lessee(s) sub-lessee(s) or other occupant(s) of the XXXXXX X. XXXXXXXXX, TRUSTEE or to such other party(ies) or designee(s) as lessor may from time to time determine, and (e) to do and perform such other acts (whether similar or dissimilar to the foregoing) in, to and with respect to, the Common Areas as in the use of good business judgment Lessor shall determine to be appropriate for the XXXXXX X. XXXXXXXXX, TRUSTEE, lessee agrees to cause its officers, employees, agents, licensees and any concessionaires to park their respective automobiles, trucks and other vehicles only in such parking places in the Common Areas designated by the Lessor from time to time as the employee parking area. Lessee further agrees, upon request, to furnish to Lessor the motor vehicle license numbers assigned to the vehicles of Lessee and any concessionaire, their respective officers, agents, employees and licensees, Lessor, after notice to Lessee that Lessee or any of its officers, employees, agents, licensees, or nature of concessionaires, are not parking in said employee parking area, may at its option, in addition to any other remedies it may have, tow away any such vehicle at Lessee's expense and/or impose a parking fine of $10.00 for each vehicle for each day or portion thereof that such violation(s) continues after five (5) days notice to Lessee. Lessee shall not at any time interfere with the rights of Lessor and other tenants, their officers, employees, agents, licensees, customers, invitees and concessionaires, to use any part of the parking areas and other Common Areas, including erecting additional Buildings on . (C) In consideration of Lessor's agreement to operate and maintain the Common Areas, expanding the Building or other Buildings Lessee covenants and agrees to cover a portion pay Lessee's Pro Rata Share of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building Area Costs (excluding the Premisesas such terms are defined below) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areas.for each Lease

Common Areas. Landlord hereby grants to Tenant, during the Lease Term, the nonexclusive right to use, in common with all others so entitled, the Common Areas of the Building. As used in this Leaseherein, the term “Common Areas” meansshall mean and include all areas, facilities and improvements provided from time to time for the general, common or joint use on a non-exclusive basis by Landlord, the tenants and other users of the Building, including, without limitation, the above ground designated parking areaspaces and parking garages, hallways[ADD IF APPLICABLE common bicycle parking, entrywaysshower facilities,] pedestrian sidewalks, stairsdriveways, curbing, retaining walls, truck-ways, access roads, ramps, loading docks, delivery areas, lobbies and lobby elevator areas, elevators, drivewaysstorm and sanitary sewer systems, walkwayssigns, terraces, docks, loading areas, restrooms, trash landscaped and vacant areas and lighting facilities, and all other areas and facilities in the Project that are provided and except as may be otherwise designated from time to time by Landlord for the general nonexclusive exclusive use of any tenant or other user. The Common Areas shall be subject to the exclusive control and convenience management of Tenant with Landlord and their gueststo such rules and regulations as Landlord may, inviteesfrom time to time, employeesadopt. Tenant shall refrain from doing any act which interferes with Landlord’s exclusive control and management of the Common Areas or with the use of Common Areas by others. Landlord hereby reserves the right at any time or from time to time, licensees, or visitors. Without advance written notice but using commercially reasonable efforts not to Tenant, except unreasonably interfere with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment use of the Premises, Landlord will have the right to: : (a) Close off change the areas, locations and arrangement of all elements of the Real Property and the Building, including parking areas and other Common Areas, but excluding the space within the Premises; (b) enter into, modify and terminate easements and other agreements pertaining to the maintenance and use of the parking garage and parking areas and other Common Areas; (c) close any or all portions of the Common Areas to whatever such extent required and from such time as may, in the reasonable opinion sole discretion of Landlord Landlord’s counsel, be legally necessary to prevent a dedication of any of the Common Areas thereof or the accrual of any rights by to any person or to the public to the Common Areas; therein; (bd) Temporarily close temporarily, if necessary, any part of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADAdiscourage non-visitor parking; (e) make changes, additions, deletions, alterations or converting any portion of the Building (excluding the Premises) or other Buildings improvements in and to Common Areas. Upon erection of any additional Buildings or change in such Common Areas, provided that there shall be no unreasonable obstruction of Tenant’s right of ingress to or egress from the portion of Premises; and (f) adopt rules and regulations by which Tenant shall abide relating to the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part use of the Common Areas.. [IF APPLICABLE Landlord may demolish buildings and improvements, build additional buildings, add additional floors, change the layout and otherwise change or reduce, if applicable, any building in the complex where the Building is located, the parking areas or Common Areas at any time, as Landlord deems necessary or desirable. ]

Common Areas. As used Subject to all covenants, conditions, restrictions, reservations, encumbrances, rights-of-way, public dedications, easements and other matters of record in this Leasethe Land Records of West Dover, Vermont or the applicable District Environmental Conservation office, Ground Lessor hereby grants to the Ground Lessee, its permitted successors and assigns, and its employees, agents, representatives, vendors, customers and invitees (collectively, “Ground Lessee’s Permitted Users”), the term nonexclusive right of use, free of charge (except parking or other similar charges for use of Common Areas imposed on all tenants, occupants and invitees), of the Common Areas (as defined below) in common with Ground Lessor, and its employees, agents, representatives, vendors, customers and other invitees and tenants. “Common Areas” meansshall mean all parking areas, streets, driveways, curb cuts, and sidewalks serving the Resort which Ground Lessor makes available from time to time for the common use and benefit of any tenants and occupants of the Resort and which are not exclusively available for use by a single tenant, occupant, and invitees including, without limitation, (i) ingress and egress ways to and from the above ground Premises and the Town Highway and from the interior roadways within the Resort, (ii) utilities and connections thereto serving the Premises, (iii) general parking areaareas, hallwaysgarages and lots, entrywaysand also including areas designed for “commercial” vehicles as may be available and in accordance with applicable law, stairs(iv) other roads and access ways, elevatorsexit ways and loading docks, driveways(v) walkways, sidewalks, landscaped and planted areas located on, for the benefit, or serving the Premises, and (vi) all sidewalks, terraces, walkways, terracesand any other connecting passageways for access to the Premises. Ground Lessee shall promptly repair, docksat its sole cost and expense, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time any damage caused by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licenseesGround Lessee, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public its Permitted Users, to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasthereof.

Common Areas. As used 10.1. Landlord hereby grants to Tenant, its employees, invitees and permitted sublessees and assigns, during the Term, the nonexclusive right to use, in common with all others so entitled, the Common Areas for pedestrian and vehicular traffic. The Common Areas shall be subject to the exclusive control and management of Landlord and to such reasonable rules and regulations as Landlord may, from time to time, adopt and Landlord reserves the right to change the areas, locations and arrangement of parking areas and other Common Areas; to enter into, modify and terminate easements and other agreements pertaining to the maintenance and use of the parking areas and other Common Areas; to close any or all portions of the Common Areas to such extent and for such time as may, in the sole discretion of Landlord's counsel, be legally necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily, if necessary, any part of the Common Areas in order to discourage noncustomer parking; and to make changes, additions, deletions, alterations or improvements in and to such Common Areas, including methods of ingress to and egress from such Common Areas, provided that there shall be no material obstruction of Tenant's right of ingress to or egress from the Premises, nor shall there be any change in the location of the primary entrances to the Building, or in the configuration of the interior Common Areas providing access and ingress and egress to and from the Premises, or in the configuration of the parking areas set aside for Tenant's use as provided in Section 10.3. Landlord shall enforce any rules and regulations adopted in a nondiscriminatory manner. 10.2. Subject to the express provisions and limitations of this Lease, the term “Landlord shall operate, maintain and repair all Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, Areas and all other areas major Building components, including structural, mechanical, electrical and facilities heating, ventilating and air conditioning systems, in a manner consistent with the standards of operation, maintenance and repair employed by Tenant during its occupancy under that certain lease agreement captioned "Lease" between Landlord and Tenant, dated June 1, 1995, as amended 10.3. Tenant shall cause it and its employees to park only in the Project that are areas of the parking lot as provided and designated from time to time by Landlord for employee parking. Tenant shall have the general nonexclusive exclusive right to use those spaces in the southeast parking lot numbered 1, 2, 3, 4, 5, 8, 9, 23, 24, 25, 26, 27, 28, 29, 40, 41, 42 and convenience 43 and the handicapped space marked "Stone" (provided it is used only by a disabled employee) on Exhibit "B-3" for parking of its vehicles and those of its employees. Within ten (10) days after a request by Landlord, Tenant with shall deliver to Landlord a list of Tenant's and its employees' automobiles, which such list shall set forth the description of and the license numbers assigned to such automobiles and their state of issue. Thereafter, Tenant shall promptly advise Landlord of any changes, additions or deletions in such list. If any automobile appearing on said list is parked in any area of the Landlord's Parcel other than the area designated by Landlord at any time after Landlord has given notice to Tenant that the same automobile has previously been parked in violation of this provision, then Tenant shall pay to Landlord the sum of Ten Dollars ($10) per day for each such automobile for each day (or part thereof) it is parked in violation of this provision. Tenant shall pay such sum to Landlord within ten (10) days after receipt of notice from Landlord. In addition to the foregoing, Tenant hereby authorizes Landlord in such event to attach violation stickers or notices to any of Tenant's automobiles, or automobiles belonging to Tenant's employees parked in violation of the foregoing covenant and to remove from the Landlord's Parcel at Tenant's cost and expense any such automobiles that are parked in parking spaces designated by Landlord as "Visitor" spaces or for the exclusive use of other tenants of the Building. Tenant hereby waives and releases Landlord and their guestshereby indemnifies and holds Landlord harmless from all claims, inviteesliabilities, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, costs and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon expenses which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasmay arise therefrom.

Common Areas. Tenant shall have the non-exclusive right to use the Common Areas with other tenants in the Building, subject to the Rules and Regulations. As used in this Leaseherein, the term “Common Areas” meansshall include, but not be limited to, the common entrances, lobbies, automobile parking spaces, restrooms, elevators, stairways and access ways, loading docks, ramps, drives and platforms, passage ways and service ways, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas appurtenant to the Building. Landlord hereby reserves the right from time to time to make any changes to the Building and Common Areas as Landlord, in its sole and absolute discretion may deem appropriate, including, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, withdrawal and direct lease of any portion of the Common Areas and the relocation of driveways, walkwaysentrances, terracesexits, dockscorridors and/or automobile parking spaces, loading the direction and flow of traffic, installation of prohibited areas, restrooms, trash facilitieslandscaped areas, and all other areas facilities thereof. Nothing contained herein shall be deemed to create any liability upon Landlord for any injury to or death of persons or for damage to or destruction of property, including without limitation, for any damage to motor vehicles of Tenant, its customers or employees, or for loss of property from within such motor vehicles unless caused by the sole active negligence of Landlord, its agents, servants, or employees; it being understood that any person’s use of the parking facilities or Common Areas shall be at their sole risk. Landlord shall at all times during the Lease Term have sole and facilities in exclusive control of the Project that are provided Common Areas and designated may at any time and from time to time exclude and restrain any person from use or occupancy thereof. Tenant shall keep the Common Areas free and clear from any obstructions created or permitted by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect resulting from Tenant’s substantial benefit and enjoyment use of the Premises. If, Landlord will have in the right to: (a) Close off any opinion of Landlord, unauthorized persons are using the Common Areas to whatever extent required by reason of the presence of Tenant in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas Premises, Tenant shall at Tenant’s sole cost, risk and expense, promptly upon demand by Landlord, correct such situation by action or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any proceeding against all such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasunauthorized persons.

Common Areas. As used in this Lease, A. Subject to the term “Common Areas” means, without limitation, terms and conditions of the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, Lease and all other areas such rules and facilities in the Project that are provided and designated regulations as Lessor may from time to time impose in writing, Lessee and Lessee's employees, agents, invites, customers and contractors shall, in common with Lessor and the occupants of the Center and their respective employees, agents, invites, customers and contractors and others entitled to the use thereof have the right to use the access roads and parking areas located on the Land (unless such parking areas are specifically designated by Landlord Lessor for use by a particular tenant) and those facilities provided and designated by Lessor for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment the tenants of the PremisesCenter, Landlord which roads, areas and facilities as they may from time to time exist are referred to herein as "Common Areas". Lessor reserves the right from time to time to increase or decrease the number of roads, areas and facilities comprising the Common Areas and to make changes in the shape, size, location and extent thereof provided that such changes will not affect Lessee's use of the Leased Premises in a materially adverse manner. X. Xxxxxx shall, throughout the term of this Lease, including any extensions and renewals thereof, operate, manage and maintain all Common Areas within the Center. The manner in which such areas shall be maintained and the amount and nature of the expenditures to be made for such maintenance shall be determined at the sole discretion of Lessor. X. Xxxxxx shall have the right to: (a) Close off to close all or any portion of the Common Areas to whatever the extent required in the reasonable opinion of Landlord as may be legally sufficient to prevent a dedication of any of the Common Areas thereof or the accrual of any rights by of any person or the public therein, provided, however, that Lessor shall restrict the period of any such closing to the minimum time necessary under applicable law to prevent such dedication and accrual of rights. D. Lessee shall not at any time park or permit the parking of Lessee's trucks or other vehicles, or the trucks or other vehicles of Lessee's suppliers or any others, adjacent to loading areas so as to interfere in any way with the use of such areas by other tenants, nor shall Lessee at any time permit the parking of Lessee's trucks, or the trucks of Lessee's suppliers, or others in any portion of the parking lot not designated by Lessor for such use by Lessee. E. Lessee shall not at any time operate, nor shall it permit its employees, agents, invites, customers or contractors to operate any truck or other vehicle in such manner as to directly or indirectly damage any portion of the Center, including damage to the Center caused by excessive wear and tear of the improved portions of the Common Areas;. (b) Temporarily close any of X. Xxxxxx reserves the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change right to promulgate such reasonable rules and regulations relating to the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion use of the Common Areas, converting Common Areas and part or parts thereof, as Lessor may deem appropriate. The rules and regulations shall be binding upon Lessee seven (7) days after delivery of a copy thereof to Lessee, and Lessee agrees to abide by such rules and regulations and to cooperate in their observance. The rules and regulations may be amended by Lessor from time to time, with or without advance notice to Lessee, and all amendments shall be effective seven (7) days after delivery of a portion of the Building or other Buildings, altering the Common Areas in order copy thereof to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common AreasLessee. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures Any such changes shall not have been erected shall no longer be deemed to be a part of the Common Areasmaterial adverse effect on lessee's operations.

Common Areas. As used in this LeaseTenant, its employees and invitees shall have the term “non-exclusive right to use the Common Areas” means, without limitation, Areas as constituted for general use of the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in occupants of the Project that are provided and designated Building from time to time (except for mechanical rooms and janitorial closets), such use to be in common with Landlord, other tenants of the Building Complex and other persons and subject to the Rules and Regulations set forth in Exhibit D attached hereto and by this reference made a part hereof, as such Rules and Regulations may be amended from time to time provided such amendments are nondiscriminatory in nature. Subject to the limitations set forth in the next sentence, Landlord for reserves the general nonexclusive use and convenience right from time to time to undertake any or all of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) the activities described below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 such reservation of rights shall not: (ai) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and 's use or enjoyment of or access to the Premises, the Parking Garage or Tenant's other rights under this Lease, or increase or materially decrease the amount of Rentable Area in the Premises; (ii) increase Tenant's Rent; or (iii) reduce the number of Tenant's parking privileges set forth herein. In connection therewith, Landlord will have reserves the right following rights: to add to: (a) Close off , or subtract from, or change from time to time, the dimensions and location of the Common Areas, it being understood that Landlord may, at its option, add any areas located within the Block to the Common Areas; to create any additional improvements in the Common Areas or to alter or remove any improvements in the Common Areas; to convert areas previously designated by Landlord as part of the Common Areas to whatever extent required in the reasonable opinion of Landlord an area leased to prevent a dedication of any one or more tenants or to designate previously leased space as part of the Common Areas or the accrual of any rights by any person or the public provided equitable adjustments are made to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding Rentable Area in the Building and the Rentable Area in the Premises; to make alterations or other Buildings additions to cover a portion of the Common Areas, converting Common Areas to a portion of the Building and to any other buildings or other Buildings, altering improvements within the Building Complex; to operate and/or maintain such Common Areas in order conjunction with other parties; and to comply with the ADAconstruct, or converting any portion of permit others to construct, other buildings or improvements within the Building (excluding Complex. Landlord is not obligated to construct or provide for Tenant any improvements outside the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change Building except as expressly provided in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasthis Lease.

Common Areas. (a) As used in this Lease, the term “"Common Areas” means" shall mean those ------------ portions of, and facilities within, the Shopping Center which are intended for the common non-exclusive use of the occupants, their customers, agents and employees including, without limitation, the above ground parking area, hallways, entryways, stairs, elevatorsareas, driveways, malls, walkways, terracesloading zones and landscaping. Prior to the Commencement Date, docksLandlord shall construct the Common Areas of the Shopping Center substantially as shown on Exhibit A attached hereto, loading areassubject to such modifications as are --------- desired by Landlord, restroomsprovided that Tenant's prior written approval thereof is obtained, trash facilitieswhich approval shall not be unreasonably withheld, conditioned or delayed. (b) Tenant, as well as its agents, employees and customers (collectively, "Customers"), shall have and are granted complete, nonexclusive --------- and undisturbed access to, and use of all other areas Common Areas. Tenant's use of the Common Areas shall be subject to such reasonable, non-discriminatory rules and facilities in the Project that are provided regulations as may be promulgated and designated thereafter amended and supplemented by Landlord from time to time as Landlord deems necessary or advisable for proper and efficient use, operation and maintenance of the Common Areas, provided that all such rules and regulations shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed and in no event shall such rules and regulations increase the monetary obligations owing from Tenant to Landlord under this Lease. Except as may be required by Law, in no event shall there ever be a charge for use of the parking facilities within the Center. If any such charge is required by applicable Law, Landlord shall establish systems of validation to enable Tenant to provide parking without charge for its customers using such parking facilities for a reasonable period not less than three (3) hours. Landlord may from time to time establish, as a part of the rules subject to the Tenant's approval as set forth in the initial sentence of this Section, such employee parking systems (which shall be free of any charge to Tenant or its employees, unless such a charge is required by applicable Law, in which event such charge shall be borne by Landlord) as are not unreasonably burdensome to the operation of Tenant's business, and provide sufficient means of transportation and security for access to and use of such employee parking. Without limiting the generality of the foregoing, Tenant shall use commercially reasonable efforts to cause its employees to park within the employee parking areas designated by Landlord to the north, northeast and west of the Premises but not within the portion of the Shopping Center which is both (x) south of the Premises and (y) east of main drive aisle into the Shopping Center from Foothill Boulevard (between Pad building "A" and "C" as shown on Exhibit A). Landlord shall use reasonable ---------- efforts to prevent use of the Common Areas by other than Shopping Center occupants and their Customers. Landlord shall cause the Common Areas to be maintained and operated in a first-class, professional manner and condition as is customary and appropriate for the general nonexclusive use operation of first-class retail centers comparable to the Shopping Center in the vicinity of the Shopping Center. So long as access, parking and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner other essential services are reasonably available so as to materially impair or adversely avoid any adverse affect upon the operation of Tenant’s substantial benefit and enjoyment of 's business from the Premises, Landlord will have the right to: may at any time (ai) Close off close any of the Common Areas to whatever make repairs or changes or to such extent required as may, in the Landlord's reasonable opinion of Landlord opinion, be necessary to prevent a dedication thereof or the accrual of rights to any person or to the public therein, (ii) close temporarily any or all of the Common Areas or the accrual of any rights by any person or the public to discourage non-customer parking, and (iii) perform such other acts in and to the Common Areas; (b) Temporarily close any Areas as, in Landlord's good business judgment, are advisable to improve the use thereof by occupants and tenants, their employees and invitees, so long as the same is effected in a manner to minimize interference with the operation of business of the occupants of the Shopping Center including, without limitation, Tenant. Landlord shall maintain the Common Areas for maintenance, alteration, or improvement purposes; andwell lighted during Tenant's normal business hours and until 11:00 P.M. every day. (c) Change Subject to the provisions of this Section 9(c), Landlord may from ------------ time to time add land to or eliminate land from the Shopping Center, or eliminate or add any improvements, or change or consent to a change in the shape, size, uselocation, shapenumber, height or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion extent of the Common Areas, converting Common Areas improvements to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding Shopping Center; provided, however, that Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, shall be required for any such change which would have an adverse affect upon Tenant's use or occupancy of or operation from the Premises) , parking areas serving the Premises, or other Buildings pedestrian or vehicular access to the Premises from the Common AreasAreas and/or public rights-of-way adjacent thereto. Upon erection of any additional Buildings Landlord shall not change the dimensions or change in Common Areas, the portion location of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common AreasPremises.

Common Areas. As used 16.1 Landlord shall make available within and outside of the Building such Common Areas as are described in this Lease, the term “Exhibit B. Common Areas” Areas means, without limitationbut is not limited to, the above ground any parking area, hallways, entryways, stairs, elevatorsareas, driveways, walkwaysservice courts, terracesaccess and egress roads, dockssidewalks, loading opened and enclosed courts, landscaped and planted areas, fire corridors, meeting areas and public restrooms. Landlord shall operate, trash facilitiesmanage, equip, light, repair and maintain the Common Areas for their intended purposes in such manner as Landlord shall in its sole discretion, from time to time, determine, and may, from time to time, change the size, location, elevation, nature and/or use of any buildings, structures, booths therein or thereon and move or remove the same, or to construct additional structures within the Common Areas. 16.2 Tenant, its officers, (if any), employees, customers and invitees shall have the non-exclusive right in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use the Common Areas, subject to such rules and regulations as Landlord may impose, from time to time. Landlord may, at any time and from time to time, close any Common Area to make repairs or changes or to prevent the acquisition of public rights in such area or to discourage unauthorized parking. 16.3 Tenant agrees to pay to Landlord its proportionate share of all costs and expenses (the "CAM Charge") incurred by Landlord in each Lease Year for (i) the Common Areas, (ii) the roofs of the Building, and (iii) all other areas and facilities adjoining or used in connection with the Project that Building which include, but are provided not limited to, operating, equipping, policing and designated from time protecting, providing sanitation, sewers, trash removal, pest control, repair, maintenance and replacement of sidewalks, signs, displays, directories, landscaping, vegetation, pavement, parking lot, driveways, entrance ways and lighting fixtures, cleaning, painting, striping, security control and fire protection, premiums for insurance for property damage, liability and casualty insurance, full compensation and benefits of personnel used to time by Landlord for perform services. The initial monthly payment shall be adjusted effective on the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment first day of the Premises, Landlord will have the right to: (a) Close off any first month of the Common Areas to whatever extent required in second Lease Year and on the reasonable opinion of Landlord to prevent a dedication of any first day of the Common Areas or the accrual first month of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas each Lease Year thereafter in order to comply accordance with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common AreasCPI Increase Formula.

Common Areas. As used Except as otherwise set forth in this LeaseSection 6.02(b) above with respect to issues arising out of the American with Disabilities Act (which section shall specifically govern such issues) or as set forth in Section 6.02(a) above with respect to issues relating to Hazardous Materials (which section shall specifically govern such issues), notwithstanding any provision in Section 5 of the term “Lease to the contrary (a) Landlord, at its sole cost and expense (except as set forth herein below), shall be responsible for correcting any violations of applicable Laws with respect to the Common Areas” meansAreas (including, without limitation, limitation those portions of the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities Base Building therein) to the extent (i) such violations exist in the Project Common Areas prior to the Expansion Effective Date, (ii) the correction of such violations is required as a result of the Tenant Improvement Work (defined in Exhibit B hereto), or (iii) the correction of such violations is required on a Building-wide basis by applicable Law and not required as a result of (1) the specific nature of the Tenant’s use of the Expansion Space (other than the Permitted Use) or (2) an Alteration or improvement in the Expansion Space which is performed by or on behalf of Tenant (other than the Tenant Improvement Work defined in Exhibit B hereto); provided, however, that are provided and designated from time (b) with respect to time by the Common Areas (including, without limitation those portions of the Base Building therein), Tenant shall cause (or, at Landlord’s option, Tenant shall reimburse Landlord for the general nonexclusive reasonable cost of causing): (i) compliance which is required as a result of the specific nature of Tenant’s use of or business in the Expansion Space (other than the Permitted Use); (ii) compliance which is required as a result of the acts or omissions of Tenant, its agents, employees or contractors whether pursuant to the terms hereof or the Lease (other than the mere act of making repairs, alterations, additions or improvements and convenience applying for permits for the same, which actions shall be governed by subsection (iv) below); (iii) compliance which is required as a result of the Tenant’s arrangement of any furniture, equipment or other property in the Expansion Space; or (iv) compliance which is required as a result of an Alteration or improvement in the Expansion Space performed by or on behalf of Tenant with (other than the Tenant Improvement Work defined in Exhibit B hereto). Any costs incurred by Landlord pursuant to (and their guestsnot directly reimbursed by Tenant to the extent required by) this Section 6.02(c)(2)) shall be included in the definition of Expenses only to the extent expressly permitted pursuant to Section 2 of Exhibit B to the Lease; provided, inviteeshowever, employeesthat, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect solely for purposes of calculating Tenant’s substantial benefit Pro Rata Share of Expenses for the Expansion Space, any references in Sections 2.01(i), 2.02(h) and enjoyment 2.02(r) thereof to “the date of this Lease” shall be interpreted to mean “the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common AreasExpansion Effective Date”.

Common Areas. As used in this Lease, the term “Common Areas” "common areas" means, without limitation, the above ground parking area, hallways, entryways, stairs, elevatorsparking areas, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, facilities and all other areas and facilities in the Project that which are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and other tenants of the Project and their guestsrespective employees, invitees, licensees or other visitors. Landlord grants Tenant, its employees, licenseesinvitees, or visitorslicensees and other visitors a nonexclusive license for the Term to use the common areas in common with others entitled to use the common areas, subject to the terms and conditions of this Lease. Without advance written notice to Tenant, Tenant (except with respect to matters covered by Article 12(aSubsection (a) below, ) and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close establish and enforce reasonable rules and regulations concerning the maintenance, management, use and operation of the common areas; (b) close off any of the Common Areas common areas to whatever extent required in the reasonable opinion of Landlord and its counsel to prevent a dedication of any of the Common Areas common areas or the accrual of any rights by any person or the public to the Common Areascommon areas, provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Premises; (bc) Temporarily temporarily close any of the Common Areas common areas for maintenance, alteration, alteration or improvement purposes; and; (cd) Change select, appoint or contract with any person for the purpose of operating and maintaining the common areas, on such terms and conditions as Landlord deems reasonable; (e) change the size, use, shape, shape or nature of any such Common Areascommon areas, including erecting provided such change does not deprive Tenant of the substantial benefit and enjoyment of the Premises. So long as Tenant is not thus deprived of the substantial use and benefit of the Premises, Landlord will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of any concourse, parking spaces, toilets or other public conveniences in the Project, without incurring any liability to Tenant or entitling Tenant to any abatement of rent and such action will not constitute an actual or constructive eviction of Tenant; and (f) erect one or more additional Buildings building on the Common Areascommon areas, expanding expand the existing Building or other Buildings buildings to cover a portion of the Common Areascommon areas, converting Common Areas convert common areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings buildings to Common Areascommon areas. Upon erection of any additional Buildings buildings or change in Common Areascommon areas, the portion of the Project upon which Buildings buildings or structures have been erected shall will no longer be deemed to be a part of the Common Areascommon areas. In the event of any such changes in the size or use of the Building or common areas of the Building or Project, Landlord may make an appropriate adjustment in the Rentable Area of the Building or the Building's pro rata share of exterior common areas of the Project, as appropriate, and a corresponding adjustment to Tenant's Share of the Operating Expenses payable pursuant to Article 5 of this Lease, above.

Common Areas. As used Tenant, its employees and invitees may, except as ------------ otherwise specifically provided in this Lease, use the term “Common Areas” means, without limitation, common areas of the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other Building as such common areas and facilities in the Project that are provided and may be designated from time to time by Landlord (the "Common Areas"), in common with other persons for ingress and egress and open-space purposes and for other purposes specifically designated by Landlord during the general nonexclusive term of this Lease, which use shall be subject to the restrictions set forth in this Lease (including, without limitation, the Rules and convenience of Tenant with Regulations) and any further reasonable restrictions promulgated by Landlord and their guests, invitees, employees, licensees, or visitorsfrom time to time. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will shall at all times have the right to: (a) Close off any and privilege of determining the nature and extent of the Common Areas and of making such changes therein and thereto from time to whatever extent required time which, in its reasonable opinion, are deemed to be desirable and for the reasonable opinion best interests of all persons using the Common Areas and of Landlord, including, without limitation, the withdrawal of any portion thereof and the relocation of driveways, entrances, exits, corridors, automobile parking spaces (if any), the direction and flow of traffic, installation of prohibited areas, landscaped areas, and all other facilities thereof. Nothing contained herein shall be deemed to create any liability upon Landlord for any injury to or death of persons or for damage to or destruction of property, including, without limitation, for any damage to motor vehicles of Tenant, its customers or employees, or for loss of property from within such motor vehicles, unless caused by the negligence of Landlord, its agents, contractors, servants or employees. Landlord shall at all times during the term of this Lease have the sole and exclusive control of the Common Areas and may at any time and from time to time during the term hereof exclude and restrain any person from use or occupancy thereof excepting, however, bona fide invitees of Tenant and other tenants of Landlord who make use of said Common Areas in accordance with the Rules and Regulations pertaining thereto. The rights of Tenant hereunder in and to prevent a dedication the Common Areas shall at all times be subject to the rights of Landlord and other tenants of Landlord who use the same in common with Tenant, and it shall be the duty of Tenant to keep all the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operation, and to permit the use of any of the Common Areas or only for ingress and egress by the accrual invitees of any rights by any person or Tenant to and from the public to Building. If, in the Common Areas; (b) Temporarily close any opinion of Landlord, unauthorized persons are using the Common Areas for maintenanceby reason of the presence of Tenant in the Leased Premises, alterationTenant, upon demand of Landlord, shall correct such situation by appropriate action or improvement purposes; and (c) Change proceedings against all such unauthorized persons. Nothing herein shall affect the size, use, shape, right of Landlord at any time to remove any such unauthorized persons from said areas or nature to prevent the use of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areassaid areas by unauthorized persons.

Common Areas. As used in this Lease, the term “Common Areascommon areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevatorsparking areas, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, facilities and all other areas and facilities in the Project that which are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and other tenants of the Project and their guestsrespective employees, invitees, licensees or other visitors. Landlord grants Tenant, its employees, licenseesinvitees, or visitorslicensees and other visitors a nonexclusive license for the Term to use the common areas in common with others entitled to use the common areas, subject to the terms and conditions of this Lease. Without advance written notice to Tenant, Tenant (except with respect to matters covered by Article 12(aSubsection (a) below, ) and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close establish and enforce reasonable rules and regulations concerning the maintenance, management, use and operation of the common areas; (b) close off any of the Common Areas common areas to whatever extent required in the reasonable opinion of Landlord and its counsel to prevent a dedication of any of the Common Areas common areas or the accrual of any rights by any person or the public to the Common Areascommon areas, provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Premises; (bc) Temporarily temporarily close any of the Common Areas common areas for maintenance, alteration, alteration or improvement purposes; and; (cd) Change select, appoint or contract with any person for the purpose of operating and maintaining the common areas, on such terms and conditions as Landlord deems reasonable; (e) change the size, use, shape, shape or nature of any such Common Areascommon areas, including erecting provided such change does not deprive Tenant of the substantial benefit and enjoyment of the Premises. So long as Tenant is not thus deprived of the substantial use and benefit of the Premises, Landlord will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of any concourse, parking spaces, toilets or other public conveniences in the Project, without incurring any liability to Tenant or entitling Tenant to any abatement of rent and such action will not constitute an actual or constructive eviction of Tenant; and (f) erect one or more additional Buildings building on the Common Areascommon areas, expanding expand the existing Building or other Buildings buildings to cover a portion of the Common Areascommon areas, converting Common Areas convert common areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings buildings to Common Areascommon areas. Upon erection of any additional Buildings buildings or change in Common Areascommon areas, the portion of the Project upon which Buildings buildings or structures have been erected shall will no longer be deemed to be a part of the Common Areascommon areas. In the event of any such changes in the size or use of the Building or common areas of the Building or Project, Landlord may make an appropriate adjustment in the Rentable Area of the Building or the Building’s pro rata share of exterior common areas of the Project, as appropriate, and a corresponding adjustment to Tenant’s Share of the Operating Expenses payable pursuant to Article 5 of this Lease, above.

Common Areas. As used in (a) Subject to subparagraph (b) below and the remaining provisions of this Lease, Tenant shall have the term “Common Areas” meansnon-exclusive right, without limitationin common with others, to the use of such entrances, lobbies, fire vestibules, restrooms (excluding restrooms on any full floors leased by a tenant), mechanical areas, ground floor corridors, elevators and elevator foyers, electrical and janitorial closets, telephone and equipment rooms, loading and unloading areas, the above ground parking areaProperty’s plaza areas, hallwaysif any, entrywaysramps, drives, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all similar access ways and service ways and other common areas and facilities in and adjacent to the Project that Building and the Property as are provided and designated from time to time by Landlord for the general nonexclusive use of Landlord, Tenant and convenience the other tenants of Tenant with Landlord the Property and their guests, invitees, respective employees, licenseesagents, representatives, licensees and invitees (“Common Areas”). The use of such Common Areas shall be subject to the rules and regulations contained herein and the provisions of any covenants, conditions and restrictions affecting the Building or visitorsthe Property. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any shall keep all of the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant’s operations, and shall use the Common Areas only for normal activities, parking and ingress and egress by Tenant and its employees, agents, representatives, licensees and invitees to whatever extent required and from the Premises, the Building or the Property. If, in the reasonable opinion of Landlord, unauthorized persons are using the Common Areas by reason of the presence of Tenant in the Premises, Tenant, upon demand of Landlord, shall correct such situation by appropriate action or proceedings against all such unauthorized persons. Nothing herein shall affect the rights of Landlord at any time to remove any such unauthorized persons from said areas or to prevent a dedication the use of any of said areas by unauthorized persons. Landlord reserves the right to make such changes, alterations, additions, deletions, improvements, repairs or replacements in or to the Building, the Property (including the Premises), the Centre and the Common Areas as Landlord may reasonably deem necessary or desirable, including, without limitation, constructing new buildings and making changes in the accrual location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading areas, landscaped areas and walkways; provided, that such acts do not unreasonably interfere with Tenant’s use or occupancy of the Premises or access thereto. Notwithstanding any rights by any person or the public provision of this Lease to the Common Areas; (b) Temporarily close any of contrary, the Common Areas for maintenance, alteration, shall not in any event be deemed to be a portion of or improvement purposes; and (c) Change included within the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on Premises leased to Tenant and the Common Areas, expanding the Building or other Buildings Premises shall not be deemed to cover be a portion of the Common Areas. This Lease is granted subject to the terms hereof, converting Common Areas the rights and interests of third parties under 40 TEXAS WITH BASE YEAR existing liens, ground leases, easements and encumbrances affecting such property, all zoning regulations, rules, ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction over the Property or any part thereof. (b) Notwithstanding any provision of this Lease to the contrary, Landlord specifically reserves the right to redefine the terms “Centre” and “Property” for purposes of allocating and calculating Operating Expenses so as to include or exclude areas as Landlord shall from time to time determine or specify (and any such determination or specification shall be without prejudice to Landlord’s right to revise thereafter such determination or specification). In addition, Landlord shall have the right to contract or otherwise arrange for amenities, services or utilities (the cost of which is included within Operating Expenses) to be on a portion common or shared basis to both the Property (i.e., the area with respect to which Operating Expenses are determined) and other portions of the Centre, so long as the basis on which the cost of such amenities, services or utilities is allocated to the Property is determined on an arms-length basis or some other basis reasonably determined by Landlord. In the case where the definition of the Property or the Centre is revised for purposes of the allocation or determination of Operating Expenses, Tenant’s Proportionate Share shall be appropriately revised. The Rentable Area of the Property and the Centre is subject to adjustment by Landlord from time to time, but only as a result of any additions or deletions to any of the buildings in the Centre, provided, however, in no event will Tenant’s Proportionate Share increase during the initial Term. Landlord shall have the sole right to determine which portions of the Centre and other areas, if any, shall be served by common management, operation, maintenance and repair. Landlord shall have the exclusive rights to the airspace above and around, and the subsurface below, the Premises and other portions of the Building or other Buildings, altering and the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common AreasCentre.

Common Areas. As used Landlord hereby agrees that Tenant's lease of the Premises includes the nonexclusive right to use in this Leasecommon with Landlord and other tenants or other occupants of the Building and the Property and their agents, employees, guests, subtenants, licensee and invitees, the term “"Common Areas” means" of the Building and the Property. Section 7.03(b) contains certain restrictions on Landlord's right to change certain Common Areas. "Common Areas" means those portions of the Land and/or the Property intended at the applicable point in time at which the Common Areas are to be delineated to be for the common use by the tenants and/or occupants of the Property and those portions of the Building intended at the applicable point in time at which the Common Areas are to be delineated to be for the common use of tenants and/or occupants of the Building, or any portion thereof, and their respective customers, employees, lessees, licensees and invitees, which Common Areas shall include, without limitation, any so-called "Limited Common Areas" i.e., areas adjacent to one or more of the above ground parking areabuildings at the Property, hallwaysthe use of which Common Areas may be restricted in whole or in part to the tenant(s) of such building or buildings. Common Areas shall include, entrywayswithout limitation, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in those portions of the Project that are provided and Property designated from time to time by Landlord as (i) plaza areas, (ii) pedestrian walkways, (iii) parking premises including, without limitation, any parking garages, and (iv) those roads, exits, entrances, driveways, ramps, streets, curb cuts, pedestrian walkways and sidewalks which are intended for use as pedestrian and/or vehicle access, ingress and egress from various portions of the general nonexclusive use Property to the parking premises, other portions of the Property and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitorspublic streets. Without advance written notice to Tenant, except Common Areas shall include with respect to matters covered by Article 12(a) belowthe Building, elevators, public stairways, loading areas, ground floor lobbies and without any liability to Tenant other similar facilities intended at the applicable point in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of time at which the Common Areas are to whatever extent required be delineated to be for the benefit of Building tenants and invitees, and, with respect to any partial floor which Tenant may lease in the reasonable opinion Building, the corridors and passenger and freight elevator lobbies of such floors and the public restrooms on such floors. So long as Tenant leases 100% of the Building, Landlord shall not grant to prevent a dedication of any of third parties the right to use the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenanceBuilding, alterationother than in connection with the operation, or improvement purposes; and (c) Change the sizerepair, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion replacement and maintenance of the Building or other Buildingsand Landlord shall only use the Building lobby and elevators for purposes related to the operation, altering the Common Areas in order to comply with the ADArepair, or converting any portion replacement and maintenance of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common AreasBuilding.

Common Areas. Landlord hereby grants to Tenant, during the Lease Term, the nonexclusive right to use, in common with all others so entitled, the Common Areas of the Building. As used in this Leaseherein, the term “Common Areas” meansshall mean and include all areas, facilities and improvements provided from time to time for the general, common or joint use on a non-exclusive basis by Landlord, the tenants and other users of the Building, including, without limitation, the above ground designated parking areaspaces and parking garages, hallways[ADD IF APPLICABLE common bicycle parking, entrywaysshower facilities,] pedestrian sidewalks, stairsdriveways, curbing, retaining walls, truck-ways, access roads, ramps, loading docks, delivery areas, lobbies and lobby elevator areas, elevators, drivewaysstorm and sanitary sewer systems, walkwayssigns, terraces, docks, loading areas, restrooms, trash landscaped and vacant areas and lighting facilities, and all other areas and facilities in the Project that are provided and except as may be otherwise designated from time to time by Landlord for the general nonexclusive exclusive use of any tenant or other user. The Common Areas shall be subject to the exclusive control and convenience management of Tenant with Landlord and their gueststo such rules and regulations as Landlord may, inviteesfrom time to time, employeesadopt. Tenant shall refrain from doing any act which interferes with Landlord’s exclusive control and management of the Common Areas or with the use of Common Areas by others. Landlord hereby reserves the right at any time or from time to time, licensees, or visitors. Without advance written notice but using commercially reasonable efforts not to Tenant, except unreasonably interfere with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment use of the Premises, Landlord will have the right to: : (a) Close off change the areas, locations and arrangement of all elements of the Real Property and the Building, including parking areas and other Common Areas, but excluding the space within the Premises; (b) enter into, modify and terminate easements and other agreements pertaining to the maintenance and use of the parking garage and parking areas and other Common Areas; (c) close any or all portions of the Common Areas to whatever such extent required and from such time as may, in the reasonable opinion sole discretion of Landlord Landlord’s counsel, be legally necessary to prevent a dedication of any of the Common Areas thereof or the accrual of any rights by to any person or to the public to the Common Areas; therein; (bd) Temporarily close temporarily, if necessary, any part of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with discourage non-customer parking; (e) make changes, additions, deletions, alterations or improvements in and to such Common Areas, provided that there shall be no unreasonable obstruction of Tenant’s right of ingress to or egress from the ADA, or converting any portion Premises; and (f) adopt rules and regulations by which Tenant shall abide relating to the use of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected [IF APPLICABLE: Nothing contained herein shall no longer be deemed to be a part of warranty, representation or agreement by Landlord that the Building will be, or will continue to be, as indicated on Exhibit A without change. Landlord may demolish buildings and improvements, build additional buildings, add additional floors, change the layout and otherwise change or reduce, if applicable, any building in the complex where the Building is located, the parking areas or Common Areas.Areas at any time, as Landlord deems necessary or desirable. ]

Common Areas. As used 12.1 Landlord and Tenant acknowledge that certain portions of the Current Premises are being surrendered and released by Tenant pursuant to this Amendment will become Common Areas available for use by Tenant and all tenants or occupants of the Building. Such areas include, but are not limited to: (i) main and second floor lobbies, stairwells, two (2) first floor conference rooms, one (1) second floor conference room, the fitness facility, lunchroom/kitchen, elevators, equipment rooms and 1 training room on the second floor (east side); (ii) the reception desk in this the main lobby, which will be removed by Landlord at Landlord’s expense, and which shall not be required to be replaced or relocated; (iii) Building phone, cable and primary equipment access points located in the Premises, as redefined herein upon surrender of portions of the Current Premises as provided herein, each of which access points shall be made available to all tenants and occupants of the Building, provided, Landlord agrees that such access points, when converted for such access, shall, at Landlord’s cost, be secured in a manner that is commercially reasonable, affordable, and mutually agreeable to Landlord and Tenant so as to secure Tenant’s then existing Premises. Notwithstanding the foregoing, Landlord may, at its sole and absolute discretion, lease any portion of such Common Areas to another tenant or occupant, and in such case, the common area factor shall be adjusted as provided in Paragraph 10.0 above. 12.2 Landlord grants to Tenant the non-exclusive right, together with all other occupants of the Building and their agents, employees, and invitees, to use the Common Areas, as the same is established by Landlord from time to time, during the term of the Lease, as amended, and any extension or renewal thereof, subject to all Laws. Landlord shall have the term “right, at Landlord’s sole and absolute discretion, to make changes to the Common Areas” means. Landlord’s rights regarding the Common Areas include, without limitation, the above ground parking arearight to (i) restrain unauthorized persons from using the Common Areas; (ii) place permanent or temporary kiosks, hallwaysdisplays, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licenseescarts, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant stands in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas and lease the same to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; others; (biii) Temporarily temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas: (a) for repairs, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADAimprovements, or converting alterations; (b) to discourage unauthorized use; (c) to prevent dedication or prescriptive rights; or (d) for any portion of other reason that Landlord deems reasonably necessary; (iv) change the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part shape and size of the Common Areas; (v) eliminate, add, or change the location of improvements in the Common Areas; or (vi) impose and revise reasonable rules and regulations for the Building and the Common Areas (including parking areas and/or facilities). Tenant agrees to abide by and conform to all such rules and regulations, and to cause its employees, suppliers, shippers, customers, and invitees to so abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with said rules and regulations by other tenants of the Building. 12.3 Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right of Tenant to store any property, temporarily or permanently, in the Common Areas. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage occurs then Landlord shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be immediately paid upon demand. 12.4 Tenant agrees that the existing furniture and equipment located in the existing lunchroom/kitchen, and the one 2nd floor training room (east side), as of the date of this Amendment, are free of all liens and encumbrances, and are hereby surrendered by Tenant to Landlord and the same shall become and be deemed the property of Landlord, and if requested by Landlord, Tenant agrees to convey the same to Landlord by a xxxx of sale, free and clear of all liens and encumbrances. Notwithstanding the foregoing or anything herein to the contrary, Tenant, at Tenant’s sole cost and expense, shall remove the large conference table and chairs from the 2nd floor conference room (west side). For clarity, the tables, chairs, refrigerators, microwaves in the lunchroom/kitchen shall be surrendered and conveyed to Landlord unless any of the foregoing belongs to a third party, and if, to Tenant’s actual knowledge, any such item(s) belongs to a third party, Tenant shall notify Landlord of such case as soon as reasonably possible. As for any equipment in the fitness room owned by Tenant or any of Tenant’s sublesees, Landlord may replace the equipment and the cost of the same shall be an Operating Cost. Prior to surrendering the fitness room to Landlord, Tenant shall notify the sublessee, and Tenant shall remove, or shall cause sublessee to remove all fitness equipment from the fitness facility at Tenant and sublessee’s sole cost and expense, or the same shall be deemed forfeited and Landlord may dispose of the same without liability to Tenant or sublessee. In no event shall Landlord have the obligation to provide a fitness room as a common element. Landlord acknowledges that Tenant does not own and cannot surrender and convey the coffee equipment and vending machines in the lunchroom/kitchen area. The same is owned by a third party, and Landlord intends to use commercially reasonable efforts to enter into an agreement with said party to continue to supply the equipment and vending machines, which cost shall be an Operating Cost reimbursable by Tenant to Landlord. Any contract of Tenant with such third party shall apply to Tenant’s Premises only and not any portion of any area being surrendered to Landlord hereunder.

Common Areas. As used in Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, customers and invitees, during the term of this Lease, the term “non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Building or the Complex and subject to the requirements and limitations on the use of parking areas. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areas” means. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord’s designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur then Landlord shall have the right, without limitationnotice, in addition to such other rights and remedies that it may have, to remove the above ground parking areaproperty and charge the cost to Tenant, hallwayswhich cost shall be immediately payable upon demand by Landlord. During the Lease Term, entrywaysTenant may use, stairsin common with Landlord’s employees, elevatorscontractors, drivewaysagents, walkways, terraces, docks, loading areas, restrooms, trash facilitiesinvitees, and all other areas and facilities in tenants, those portions of the Project Building that are provided and designated by Landlord from time to time as be available for common use (the “Common Facilities”). The Common Facilities include certain conference and training rooms designated by Landlord for from time to time. Notwithstanding the general nonexclusive foregoing, Tenant’s use of any Common Facilities shall be subject to such rules regarding scheduling and convenience of priority as may be promulgated by Landlord from time to time. Tenant with Landlord and their guestsshall cause its employees, invitees, employeesguests and contractors to use the Common Facilities (i) in a clean, licenseessafe and sanitary manner, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (aii) in such a manner way as to materially impair minimize interference with any other party’s use of any Common Facilities or adversely affect Tenant’s substantial benefit its occupancy in the Building, and enjoyment of (iii) comply with such rules and regulations now or hereafter in existence or established by Landlord form time to time for the Premises, Landlord will have the right to: (a) Close off any common and shared use of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any Facilities. The cost of the Common Areas Facilities shall be included in Operating Expenses except for expenses directly incurred by Tenant in connection with its use, which shall be paid by Tenant. Landlord reserves the right in its sole and absolute discretion to close, reduce or the accrual of any rights by any person or the public to expand the Common Areas; (b) Temporarily close Facilities at any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings time and from time to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areastime.

Common Areas. As used in (a) Subject to subparagraph (b) below and the remaining provisions of this Lease, Tenant shall have the term “Common Areas” meansnon-exclusive right, without limitationin common with others, to the use of such entrances, lobbies, fire vestibules, restrooms (excluding restrooms on any full floors leased by a tenant), mechanical areas, ground floor corridors, elevators and elevator foyers, electrical and janitorial closets, telephone and equipment rooms, loading and unloading areas, the above ground parking areaProperty’s plaza areas, hallwaysif any, entrywaysramps, drives, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all similar access ways and service ways and other common areas and facilities in and adjacent to the Project that Building and the Property as are provided and designated from time to time by Landlord for the general nonexclusive use of Landlord, Tenant and convenience the other tenants of Tenant with Landlord the Property and their guests, invitees, respective employees, licenseesagents, representatives, licensees and invitees (“Common Areas”). The use of such Common Areas shall be subject to the rules and regulations contained herein and the provisions of any covenants, conditions and restrictions affecting the Building or visitorsthe Property. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any shall keep all of the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant’s operations, and shall use the Common Areas only for normal activities, parking and ingress and egress by Tenant and its employees, agents, representatives, licensees and invitees to whatever extent required and from the Premises, the Building or the Property. If, in the reasonable opinion of Landlord, unauthorized persons are using the Common Areas by reason of the presence of Tenant in the Premises, Tenant, upon demand of Landlord, shall correct such situation by appropriate action or proceedings against all such unauthorized persons. Nothing herein shall affect the rights of Landlord at any time to remove any such unauthorized persons from said areas or to prevent a dedication the use of any of said areas by unauthorized persons. Landlord reserves the right to make such changes, alterations, additions, deletions, improvements, repairs or replacements in or to the Building, the Property (including the Premises), the Centre and the Common Areas as Landlord may reasonably deem necessary or desirable, including, without limitation, constructing new buildings and making changes in the accrual location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading areas, landscaped areas and walkways; provided, however, that (i) there shall be no unreasonable permanent obstruction of access to or use of the Premises resulting therefrom and the same shall not materially increase Tenant’s obligations or materially impair its rights hereunder, and (ii) Landlord shall use commercially reasonable efforts to minimize any rights by interruption with Tenant’s use of the Premises. Notwithstanding any person or the public provision of this Lease to the Common Areas; (b) Temporarily close any of contrary, the Common Areas for maintenance, alteration, shall not in any event be deemed to be a portion of or improvement purposes; and (c) Change included within the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on Premises leased to Tenant and the Common Areas, expanding the Building or other Buildings Premises shall not be deemed to cover be a portion of the Common Areas. This Lease is granted subject to the terms hereof, converting Common Areas the rights and interests of third parties under existing liens, ground leases, easements and encumbrances affecting such property, all zoning regulations, rules, ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction over the Property or any part thereof. (b) Notwithstanding any provision of this Lease to the contrary, Landlord specifically reserves the right to redefine the terms “Centre” and “Property” for purposes of allocating and calculating Operating Expenses so as to include or exclude areas as Landlord shall from time to time determine or specify (and any such determination or specification shall be without prejudice to Landlord’s right to revise thereafter such determination or specification). In addition, Landlord shall have the right to contract or otherwise arrange for amenities, services or utilities (the cost of which is included within Operating Expenses) to be on a portion common or shared basis to both the Property (i.e., the area with respect to which Operating Expenses are determined) and other portions of the Centre, so long as the basis on which the cost of such amenities, services or utilities is allocated to the Property is determined on an arms-length basis or some other basis reasonably determined by Landlord and provided, however, that there shall not be a material increase in Tenant’s costs or obligations hereunder as a result thereof. In the case where the definition of the Property or the Centre is revised for purposes of the allocation or determination of Operating Expenses, Tenant’s Proportionate Share shall be appropriately revised. The Rentable Area of the Property and the Centre is subject to adjustment by Landlord from time to time to reflect any remeasurement thereof by Landlord’s architect, at Landlord’s request, and/or as a result of any additions or deletions to any of the buildings in the Centre as designated by Landlord. Landlord shall have the sole right to determine which portions of the Centre and other areas, if any, shall be served by common management, operation, maintenance and repair. Landlord shall have the exclusive rights to the airspace above and around, and the subsurface below, the Premises and other portions of the Building or other Buildings, altering and the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common AreasCentre.

Common Areas. As used in this LeaseIn addition to the Premises, Tenant shall have the term “Common Areas” means, without limitation, use of those certain common areas to be designated by the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated Landlord from time to time by Landlord on the Property; such areas shall include, but not be limited to, parking areas, access roads and facilities, interior corridors, sidewalks, driveways and landscaped and open areas (collectively, the “Common Areas”). The use of the Common Areas shall be for the general nonexclusive use and convenience of Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and their guests, invitees, employees, licenseesall other tenants of the Property and all such other persons to whom Landlord has previously granted, or visitorsmay hereinafter grant, rights of usage; provided that such nonexclusive use shall be expressly subject to such reasonable rules and regulations which may be adopted by the Landlord from time to time. Without advance written notice Tenant shall not be entitled to use the Common Areas for storage of goods, vehicles, refuse or any other items. Landlord reserves the right to alter, modify, enlarge, diminish, reduce or eliminate the Common Areas from time to time in its sole discretion; provided, however, it does not unreasonably and materially interfere with Tenant, except with respect ’s use and occupancy of the Premises. Landlord shall have the right to matters covered by Article 12(a) belowmodify Common Areas, and without any liability to Tenant in any respectif necessary, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment parts of the Premises, in order to implement new, necessary security measures and Landlord will have the right to: (a) Close off shall endeavor to minimize any adverse effect on Tenant’s use of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close Premises. If Tenant shall use any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature storage of any such Common Areasitems, including erecting additional Buildings on the Common AreasTenant shall pay all fines imposed upon either Landlord or Tenant by any fire, expanding the Building building or other Buildings regulatory body, and Tenant shall pay all costs incurred by Landlord to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering clear and clean the Common Areas in order to comply with the ADAand dispose of such items, or converting any portion including but not limited to, a disposal fee of the Building twenty-five dollars (excluding the Premises$25.00) for each pallet or other Buildings to Common Areas. Upon erection of container and fifty dollars ($50.00) for each drum, together with any additional Buildings or change in Common Areascosts for testing and special disposal, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasif required.

Common Areas. As used in this Lease, the term “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project (i) Landlord covenants that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas shall be available without further charge to whatever extent required Tenant for the nonexclusive use (as defined in Section 6(b)(iv) of Tenant during the reasonable opinion full Term of Landlord to prevent a dedication this Lease or any extension of the Term, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any of the Common Areas or the accrual shall not constitute a violation of any rights by any person or the public this covenant. Landlord shall also provide up to ten (10) parking spaces in a number and location reasonably adjacent to the Building as reasonably designated by Landlord which shall be signed as reserved exclusively for Tenant's visitors to the Premises. Landlord specifically reserves the right to change the location, size, configuration, design, layout, and any other aspects of the parking provided such changes do not reduce the number of spaces below the minimum number of parking spaces provided in the definition of "Common Areas;Area" nor materially impair Tenant's ability to use the Premises as set forth in Section 10. Landlord may temporarily close off or restrict access to parking from time to time as necessary to enable construction, environmental remediation, alteration, or improvements, without incurring any liability to Tenant and without any abatement of Rent under this Lease provided any such temporary access restriction shall be so accomplished as to minimize inconvenience to Tenant and the least possible interference with Xxxxxx's truck access to the Premises. Xxxxxx's continued right to use the parking spaces is conditioned on Tenant's abiding by all rules and regulations prescribed from time to time for the orderly operation and use of the Project parking. Tenant shall use all reasonable efforts to ensure that Tenant's employees and visitors also comply with such rules and regulations. This Lease shall be subordinate to those items listed as Exceptions 1 through 12 of that Title Policy for the Real Property dated as of April 29, 1997 and any subsequently executed AREA. (bii) Temporarily close Landlord shall keep or cause to be kept all Common Areas in a neat, clean, orderly and well maintained condition, properly lighted and landscaped, and shall promptly repair any of damage to their facilities, but all expenses in connection with the Common Areas ("Common Area Expenses ") shall be charged in the manner set forth in Section 6(b)(iii). Common Area Expenses shall include but shall not be limited to all sums expended by Landlord in connection with the Common Areas for maintenanceall general maintenance and repairs, alterationresurfacing, or improvement purposespainting, restriping, cleaning, sweeping, and janitorial services; and refuse removal; competitively priced management fees, which shall not exceed five percent (c5%) Change of the size, use, shape, or nature of any such Common Area Expenses; planting and landscaping; lighting and other utilities; directional signs and other markers and bumpers; personnel to implement these services and to police the Common Areas, including erecting additional Buildings ; required fees or charges levied pursuant to any governmental requirements; public liability and property damage insurance on the Common Areas, expanding which shall be carried and maintained by Landlord with limits as reasonably determined by Landlord; and, where charged to Landlord, all expenses in Sections 5, 7, and 8, provided that no expense excluded from Tenant's reimbursement obligations under Section 5(a) or any other provision of this Lease shall be included and provided further that no expense paid by Landlord shall be double counted for Tenant reimbursement purposes, and Real Property Taxes shall be determined and paid as provided in Section 5. Landlord shall exercise reasonable diligence to obtain reasonable prices for all sums expended by Landlord for Common Area Expenses. (iii) In December of each calendar year, or as soon as reasonably possible thereafter, Landlord shall send Tenant an itemized statement, setting forth in reasonable detail Landlord's reasonable estimate of Tenant's Common Area Expenses for the Building following calendar year on a monthly or quarterly basis, at Landlord's option and Xxxxxx agrees to pay Landlord Xxxxxx's Common Area Expenses then due within fifteen (15) days after receipt of the statement and to make monthly or quarterly payments of Xxxxxx's share of Common Area Expenses thereafter. Any Common Area Expenses for the year in which this Lease commences or ends shall be apportioned and adjusted based upon the number of months or portions of months in which Tenant occupies the Premises, commencing one hundred twenty (120) days following the Early Entry Date, provided that Xxxxxx's work on the Tenant Improvements has not been interrupted or delayed by Landlord Delays or any days that Xxxxxx's work on Tenant's Improvements is voluntarily interrupted by Landlord pursuant to Section 2(e)(i) (and in any case no later than the Rent Commencement Date) and, provided Xxxxxx is not in default hereunder, expiring when Tenant vacates the Premises (and otherwise upon expiration of the Term), disregarding any changes in such charges attributable to a period before or after the Lease Term. If the amount of monthly or quarterly payments for Common Area Expenses received by Landlord from Tenant are more or less than the actual Common Area Expenses due for any Calendar Year, an itemized statement of which shall be delivered to Tenant by Landlord within one hundred twenty (120) days following the end of each Calendar Year, or a soon as reasonably possible thereafter, an appropriate adjustment will be made by Landlord and Tenant and any balance due paid or refunded within thirty (30) days after such reconciliation. All charges in Section 6 for Common Area Expenses may be superseded and governed by any AREA adopted for the Real Property and Adjacent Real Property. (iv) For the use and benefit of Tenant, Tenant's agents, employees, customers, licensees, and subtenants shall have the nonexclusive right in common with Landlord's representatives, agents employees, customers and contractors performing Landlord's obligations under this Lease, and other Buildings present and future owners and tenants of the Real Property (and, to cover a portion the extent set forth in any AREA recorded for the Adjacent Real Property), and their agents, employees, customers, licensees, and subtenants, to use the Common Areas during the entire Term of this Lease, or any extension of the Term, for ingress and egress, roadway, sidewalk, and automobile parking, provided that Tenant and Tenant's employees shall park their automobiles in those areas reasonably designated by Landlord from time to time (in consultation with Tenant) for Tenant parking. To the extent practicable and within Landlord's reasonable control, and except as may be set forth above or in any AREA, Tenant shall at all times have 24-hour vehicular access to the Premises including, without limitation, truck access. (v) Tenant, in the use of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order agrees to comply with the ADA, or converting any portion reasonable rules and regulations as Landlord may adopt from time to time for the orderly and proper operation of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, which rules and regulations shall not be inconsistent with this Lease and shall not interfere with Xxxxxx's right of vehicular and truck access to the portion of the Project upon which Buildings Premises or structures have been erected shall no longer be deemed Tenant's other rights under this Lease. (vi) Unless Landlord elects to be provide trash collection as a part of the Common AreasArea maintenance, Tenant shall at Tenant's expense arrange for the collection of trash in the Common Areas located on the Real Property, in which event Landlord shall not charge Tenant for any costs of trash removal on the Real Property and Adjacent Real Property. (vii) Landlord grants Tenant a non-exclusive access Ad for ingress and egress over the Roadway Easement for the Term of this Lease, as it may be extended, or until such time as an AREA is executed for the Real Property and Adjacent Real Property granting Tenant similar access over the Roadway Easement. For purposes of this Lease, and until superseded by an AREA, the Roadway Easement shall be considered part of the Common Area under this Lease, provided, however that Landlord may include no more than fifty-one and four tenths percent (51.4%) of the common area expenses (as defined in 6(b)(ii)), of such Roadway Easement in Common Area Expenses and no more fifty-one and four tenths percent (51.4%) of Real Property Taxes (as defined in 5(a)) of such Roadway Easement in Real Property Taxes. Upon completion of improvements to the Adjacent Real Property, Xxxxxx's contribution to Common Area Expenses and Real Property Taxes for the Roadway Easement shall be equitably reduced, eliminated or reciprocated by the occupants of the Adjacent Real Property.

Common Areas. (a) As used in this Lease, the term “"Common Areas” means" shall mean those ------------ portions of, and facilities within, the Shopping Center which are defined as "Common Areas" under the CC&R's. Tenant acknowledges that prior to the Commencement Date, Landlord shall enter into that certain Development Agreement (the "Development Agreement") with Xxxxxx Ranch Development Co. ("Developer"), a --------------------- --------- memorandum of which shall be recorded in the Official Records of Los Angeles County, California, as an encumbrance against the Shopping Center (the "Memorandum of Development Agreement"). The form of the Development Agreement ------------------------------------ and Memorandum of Development Agreement shall be subject to Tenant's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Prior to the Commencement Date, Landlord shall enforce its rights under the Development Agreement so as to cause Developer to construct the Common Areas of the Shopping Center substantially as shown on Exhibit A attached hereto, subject --------- to such modifications as are permitted under the Development Agreement and/or CC&R's, as applicable, provided that to the extent that Landlord has any right of approval or consent thereunder with respect to such modifications, Landlord shall obtain Tenant's prior written approval or consent thereto, which approval shall not be unreasonably withheld, conditioned or delayed. (b) Tenant, as well as its agents, employees and customers (collectively, "Customers"), shall have and are granted such nonexclusive rights --------- to use of the Common Areas as are provided under the CC&R's. Landlord and Tenant each hereby agree and acknowledge that this Lease is subject and subordinate to all matters of now of record or which are hereafter recorded as an encumbrance against the Landlord's Parcel (subject to Section 17 below), ---------- including, without limitation, the above ground parking areaCC&R's, hallwaysthe Development Agreement, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilitiesthe Memorandum of Development Agreement, and all other areas that certain Separate Agreement (the "Separate Agreement") to be entered into by and facilities between Landlord and Developer ------------------- prior to the Commencement Date, a memorandum of which shall be recorded in the Project Official Records of Los Angeles County, California, as an encumbrance against the Shopping Center (the "Memorandum of Separate Agreement"); provided that -------------------------------- Tenant's prior approval shall be obtained as to any such future encumbrance which materially increases Tenant's rights under this Lease or materially increases Tenant's obligations or liabilities under this Lease). The form of the Separate Agreement and Memorandum of Separate Agreement shall be subject to Tenant's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Each party shall in all respects comply with the CC&R's, Development Agreement, Separate Agreement, and other matters of record in performance of their respective obligations under this Lease. Landlord shall use commercially reasonable efforts to enforce the CC&R's, Development Agreement, Separate Agreement and other matters of record (including, without limitation, the rights of Landlord under the CC&R's, Development Agreement, Separate Agreement and other matters of record and the obligations of the other parties bound by the CC&R's, Development Agreement, Separate Agreement and other matters of record). Without limiting the generality of the foregoing, if Tenant in good faith determines that the CC&R's, Development Agreement, Separate Agreement and/or any other matters of record are provided not being complied with, Landlord shall use commercially reasonable efforts to enforce compliance with the same by the non-complying party. Landlord agrees not to consent to or approve of any matter requiring the consent or approval of Landlord as owner of the Landlord's Parcel under the CC&R's, Development Agreement, Separate Agreement or other matters of record which would materially and designated adversely affect the operation of Tenant's business from the Premises or the Shopping Center without the prior written consent or approval of Tenant. (c) If permitted under the CC&R's, subject to the provisions of this Section 9(c), Landlord may from time to time by Landlord for consent to or approve of the general nonexclusive use and convenience ------------ addition of Tenant with Landlord and their guests, invitees, employees, licenseesland to or elimination of land from the Shopping Center, or visitors. Without advance written notice the elimination or addition of any improvements, or changes to Tenantor in the shape, except with respect to matters covered by Article 12(a) belowsize, and without any liability to Tenant in any respectlocation, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair number, height or adversely affect Tenant’s substantial benefit and enjoyment extent of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas improvements to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding Shopping Center; provided, however, that if Landlord has the right under the CC&R's to consent to or approve of the same, Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, shall be required for any such change which would have an adverse affect upon Tenant's use or occupancy of or operation from the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, parking areas serving the Premises, the portion visibility of the Project upon which Buildings Premises and/or Tenant's exterior signage from the Common Areas exterior to the Premises and/or public rights-of-way adjacent thereto, or structures have been erected pedestrian or vehicular access to the Premises from the Common Areas and/or public rights-of-way adjacent thereto. Landlord shall no longer be deemed to be a part not change the dimensions or location of the Premises. In no event shall any kiosks be located within the Common AreasAreas on Landlord's Parcel.

Common Areas. (a) As used in this Lease, the term “"Common Areas” means" shall mean those ------------ portions of, and facilities within, the Shopping Center which are intended for the common non-exclusive use of the occupants, their customers, agents and employees including, without limitation, the above ground parking area, hallways, entryways, stairs, elevatorsareas, driveways, malls, walkways, terracesloading zones and landscaping. Prior to the Commencement Date, docksLandlord shall construct the Common Areas of the Shopping Center substantially as shown on Exhibit A attached hereto, loading areassubject to such modifications as are --------- desired by Landlord, restroomsprovided that Tenant's prior written approval thereof is obtained, trash facilitieswhich approval shall not be unreasonably withheld, conditioned or delayed. (b) Tenant, as well as its agents, employees and customers (collectively, "Customers"), shall have and are granted complete, nonexclusive ---------- and undisturbed access to, and use of all other areas Common Areas. Tenant's use of the Common Areas shall be subject to such reasonable, non-discriminatory rules and facilities in the Project that are provided regulations as may be promulgated and designated thereafter amended and supplemented by Landlord from time to time as Landlord deems necessary or advisable for proper and efficient use, operation and maintenance of the Common Areas, provided that all such rules and regulations shall be subject to the prior written approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed and in no event shall such rules and regulations increase the monetary obligations owing from Tenant to Landlord under this Lease. Except as may be required by Law, in no event shall there ever be a charge for use of the parking facilities within the Center. If any such charge is required by applicable Law, Landlord shall establish systems of validation to enable Tenant to provide parking without charge for its customers using such parking facilities for a reasonable period not less than three (3) hours. Landlord may from time to time establish, as a part of the rules subject to the Tenant's approval as set forth in the initial sentence of this Section, such employee parking systems (which shall be free of any charge to Tenant or its employees, unless such a charge is required by applicable Law, in which event such charge shall be borne by Landlord) as are not unreasonably burdensome to the operation of Tenant's business, and provide sufficient means of transportation and security for access to and use of such employee parking. Without limiting the generality of the foregoing, Tenant shall use commercially reasonable efforts to cause its employees to park within the employee parking areas designated by Landlord to the north, northeast and west of the Premises but not within the portion of the Shopping Center which is both (x) south of the Premises and (y) east of main drive aisle into the Shopping Center from Foothill Boulevard (between Pad building "A" and "C" as shown on Exhibit A). Landlord shall use reasonable --------- efforts to prevent use of the Common Areas by other than Shopping Center occupants and their Customers. Landlord shall cause the Common Areas to be maintained and operated in a first-class, professional manner and condition as is customary and appropriate for the general nonexclusive use operation of first-class retail centers comparable to the Shopping Center in the vicinity of the Shopping Center. So long as access, parking and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner other essential services are reasonably available so as to materially impair or adversely avoid any adverse affect upon the operation of Tenant’s substantial benefit and enjoyment of 's business from the Premises, Landlord will have the right to: may at any time (ai) Close off close any of the Common Areas to whatever make repairs or changes or to such extent required as may, in the Landlord's reasonable opinion of Landlord opinion, be necessary to prevent a dedication thereof or the accrual of rights to any person or to the public therein, (ii) close temporarily any or all of the Common Areas or the accrual of any rights by any person or the public to discourage non-customer parking, and (iii) perform such other acts in and to the Common Areas; (b) Temporarily close any Areas as, in Landlord's good business judgment, are advisable to improve the use thereof by occupants and tenants, their employees and invitees, so long as the same is effected in a manner to minimize interference with the operation of business of the occupants of the Shopping Center including, without limitation, Tenant. Landlord shall maintain the Common Areas for maintenance, alteration, or improvement purposes; andwell lighted during Tenant's normal business hours and until 11:00 P.M. every day (and until midnight during the month of December). (c) Change Subject to the provisions of this Section 9(c), Landlord may from ------------ time to time add land to or eliminate land from the Shopping Center, or eliminate or add any improvements, or change or consent to a change in the shape, size, uselocation, shapenumber, height or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion extent of the Common Areas, converting Common Areas improvements to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding Shopping Center; provided, however, that Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, shall be required for any such change which would have an adverse affect upon Tenant's use or occupancy of or operation from the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, parking areas serving the Premises, the portion visibility of the Project upon which Buildings Premises and/or Tenant's exterior signage from the Common Areas exterior to the Premises and/or public rights-of-way adjacent thereto, or structures have been erected pedestrian or vehicular access to the Premises from the Common Areas and/or public rights-of-way adjacent thereto. Landlord shall not change the dimensions or location of the Premises. In no longer event shall any kiosks be deemed to be a part of located within the Common Areas.

Common Areas. As used in this LeaseIn connection with its lease of the Premises, Tenant shall have the term non-exclusive right, together with other tenants and occupants and invitees, to use of the portions of the Land that are for the non-exclusive use of the tenants, occupants and invitees of the Building, including but not limited to elevators, stairwells, common hallways, lobbies, sidewalks, driveways, and parking lots (collectively the “Common Areas” means”) for reasonable ingress to and egress from the Premises or the normal use thereof, subject to the other provisions of this Lease including, without limitation, the above ground parking areaRules and Regulations attached as Exhibit C, hallwaysas the same may be revised from time to time. The Common Areas are not for the use of the general public and Landlord shall in all cases retain the right to control and prevent access thereto by all persons whose presence, entrywaysin the judgment of Landlord shall be prejudicial to the safety, stairscharacter, elevatorsreputation and interests of the Building and Land and the tenants. In addition, drivewaysLandlord reserves the right to restrict anyone, walkwaysincluding Tenant, terracesits employees, docksagents and invitees from and Tenant, loading areasits employees, restroomsagents and invitees are hereby restricted from certain areas of the Building designated by Landlord (including but not limited to the roof, trash facilitiesmechanical, electrical, and all other areas utility rooms and facilities in risers) even though the Project that are provided and designated same may be used by Landlord for the benefit of the tenants of the Building. Landlord reserves the right to use any portion of the Common Areas from time to time by Landlord and/or to deny access to the same temporarily in order to repair, maintain or restore such facilities or to construct improvements under, over, along, across and upon the same and to relocate such Common Areas, for the general nonexclusive use and convenience benefit of Tenant with Landlord and their gueststhe Building, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) belowthe Land, and other tenants, so long as reasonable access to the Premises and reasonable alternative parking is provided. Landlord shall have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to Tenant in any respecttherefor, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of change the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion arrangement and/or locations of the Common Areas, converting Common Areas including entrances, driveways, and parking areas so long as reasonable access to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common AreasPremises and reasonable alternative parking is provided.

Common Areas. As used in this Lease, the The term “"Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and " is defined as all other areas and facilities in outside the Premises and within the exterior boundary line of the Project that are provided and designated by Landlord from time to time by Landlord for the general nonexclusive non-exclusive use of Landlord, Tenant and convenience of Tenant with Landlord other occupants of the Project and their guestsrespective employees, suppliers, shippers, customers and invitees, employeeswhich may include, licenseeswithout limitation, or visitorsparking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Without advance written notice Landlord hereby grants to Tenant, except for the benefit of Tenant and its employees, suppliers, shippers, customers and invitees, during the Term of this Lease, the non-exclusive right to use, in common with respect others entitled to matters covered such use, the Common Areas as they exist from time to time, subject to any rights, powers and privileges reserved by Article 12(a) below, Landlord under the terms of this Lease or under the terms of any reasonable and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair non-discriminatorily enforced rules or adversely affect Tenant’s substantial benefit and enjoyment regulations or restrictions governing the use of the PremisesProject. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areas. Landlord will or such other person(s) as Landlord may appoint, shall have the right to: (a) Close off any exclusive control and management of the Common Areas and shall have the right, from time to whatever extent required in the time, to establish, modify, amend and enforce reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public and non-discriminatorily enforced rules and regulations with respect to the Common Areas; , in accordance with the provisions of Paragraph 40 below. Tenant agrees to abide by and conform to all such rules and regulations, and to cause its employees, agents and contractors to so abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with such rules or regulations by other tenants and users of the Project. Landlord shall have the right, in its sole and absolute discretion, from time to time (a) to make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways, so long as reasonable access to the Premises remains available; (b) Temporarily to close temporarily any of the Common Areas for maintenancemaintenance and/or repair purposes or to prevent the acquisition of rights in the Common Areas by other persons or entities, alteration, or improvement purposesso long as reasonable access to the Premises remains available; and (c) Change to designate other land outside the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion boundaries of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areas; (d) to add additional buildings and improvements to the Common Areas; (e) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Project, or any portion thereof; and (f) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and/or Project as Landlord may, in the exercise of commercially reasonable business judgment, deem to be appropriate. Without limiting the generality of the foregoing, the parties hereby acknowledge that portions of the Project site remain to be developed subsequent to the development of the Building. However, notwithstanding anything to the contrary contained in this Lease, in the course of performance of any subsequent development, redevelopment, construction or other work upon the Project or exercise of any of the rights reserved by Landlord in this Paragraph 2.5, Landlord shall not materially adversely affect (i) the use or occupancy of the Premises, (ii) means of access to and from the Premises, (iii) parking serving the Premises, or (iv) visibility of Premises signage from adjacent rights of way.

Common Areas. As used All parking areas, access roads and facilities furnished, made available or maintained by Landlord in this Leaseor near the Center, including employee parking areas, truck ways, driveways, loading docks and areas, delivery areas, multistory parking facilities, package pickup stations, elevators, escalators, pedestrian sidewalks, malls, including the term “Common Areas” meansenclosed 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, sanitary systems, utility lines, water filtration and treatment facilities, those areas within and adjacent to the Center for ingress and egress to and from the Center including, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilitiesTemple, and all other areas and facilities in the Project that are provided and designated tunnel/roadway system under the Center, which from time to time may be provided by Landlord or others for the convenience, use or benefit of the tenants of the Center, Landlord, Ground Lessor. the owners and occupants of the Hotel and their respective concessionaires, agents, employees, customers, invitees and licensees, those areas, if any, upon which temporary or permanent off-site utility systems or parking facilities serving the Center may from time to time be located and other areas and improvements provided by Landlord for the general nonexclusive use and convenience in common of Tenant with Landlord tenants and their guestscustomers and department stores (if any) in the Center (all herein called "Common Areas") shall at all times be subject to the exclusive control and management of Landlord or the Owner of the Hotel Parcel (as defined in the REA), inviteesand Landlord or such Owner shall have the right, employeesfrom time to time, licenseesto establish, or visitors. Without advance written notice to Tenantmodify and enforce reasonable rules, except regulations and requirements with respect to matters covered by Article 12(a) belowall Common Areas which rules and regulations shall be uniformly applied in a reasonable and non- discriminatory manner. Tenant agrees to comply with, and without to cause its employees and contractors to comply with, all rules, regulations and requirements set forth in Exhibit "D" attached hereto and all reasonable amendments thereto and any liability and all rules, regulations, requirements and amendments thereto adopted pursuant to the REA. Tenant acknowledges that the Shopping Complex shall only have exterior pedestrian access through the Hotel and the Temple and, further, that the Temple may provide only ingress to, but not egress from the Center. Landlord and the Owner of the Hotel Parcel shall have the right from time to time to: change or modify and add to or subtract from the sizes, locations, shapes and arrangements of parking areas entrances, exits, parking aisle alignments and other Common Areas; designate parking areas for Ground Lessor, Landlord, the owner of the Hotel Parcel and/or their employees and tenants and/or tenants of Landlord, and/or limit the total number of such employee spaces; restrict parking by Tenant's employees to designated areas (which may be at the far rear of the Adjacent Land); construct surface, sub-surface or elevated parking areas and facilities; establish and from time to time change the level or grade of parking surfaces; add to or subtract from the buildings in the Center; eliminate such access as may from time to time be available between the Center and the Hotel or any respectretail or commercial business in an adjoining or neighboring building; and do and perform such other acts in and to said Common Areas as Landlord in its sole discretion, reasonably applied, deems advisable for the use thereof by tenants and their customers or as such Owner is permitted to do pursuant to the REA. Tenant acknowledges that owners of other areas in and adjoining the Shopping Complex may similarly alter, enlarge, reduce or relocate the improvements from time to time located thereon. Tenant further acknowledges that this Section 5.1 shall be for the benefit of and directly enforceable by Landlord and the Owner of the Hotel Parcel. In the event that Landlord determines, in its sole discretion, to provide parking or transportation facilities for the Center, Landlord may charge a fee to users thereof and may impose and enforce such rules and regulations concerning the use thereof (including a prohibition of use by Tenant's employees) as Landlord may in its discretion deem desirable, provided that any fee will be waived for users receiving a validation from the casino on the Hotel Parcel. Landlord will take shall have the right at any and all times to utilize portions of Common Areas for promotions, exhibits, entertainments, product and other shows, displays, the leasing of kiosks or food facilities, or such other uses as may in Landlord's judgment tend to attract the public or benefit the Center but in no action permitted under Article 12 event shall such kiosks or food facilities be located within ten feet (a10') in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the front lease line of the Premises. Except as specifically otherwise provided in any Operating Agreement the Owner of the Hotel Parcel may do such other acts in and to the Hotel and those Common Areas located on the Adjacent Land as in its reasonable judgment may be desirable, including, but not limited to, the conversion of portions thereof to other uses. In exercising its rights pursuant to this Section, Landlord will have the right to: (a) Close off any shall not materially adversely affect access to or visibility of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areas.

Common Areas. As used in this Lease5.1 The Landlord covenants and agrees to maintain and provide servicing of Common Areas including lighting, security, refuse removal, snow removal and cleaning as would a landlord acting reasonably having regard to the nature of the Project and the objectives of the Environmental Management Plan. 5.2 The Landlord shall, at all times, have exclusive control and management of the Project, and, without limiting the generality of the foregoing, such control shall apply to signs, the term “use of show windows and the use made by the Tenant and the public of the parking areas of the Project. The Landlord shall have the right to use any part of the Common Areas” means, from time to time, for merchandising, display, decorations, entertainment and structures designed for retail selling (including kiosks) or special features or promotional activities and the Landlord shall be entitled to receive and retain all revenue in respect thereof, subject to the provisions hereof. 5.3 The Landlord hereby grants to the Tenant, its employees, invitees and licensees, in common with all others entitled thereto, a licence during the subsisting Term and any renewal or extension thereof for the purposes of reasonable ingress to and egress from the Premises with or without limitation, vehicles over that portion of the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in Lands as the Project that are provided and designated Landlord may from time to time designate, provided, however, that reasonable pedestrian access shall be available to the Premises. The Landlord shall have the right to alter the location and size of the areas which are subject to this licence and rights, provided that reasonable access is provided by the Landlord for the general nonexclusive use purposes aforesaid. 5.4 The Tenant acknowledges and convenience agrees that the Landlord has the right to regulate and restrict the parking of motor vehicles in the Project and the Tenant with covenants that it will, and will cause its employees to, observe all reasonable regulations and restrictions made by the Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice from time to Tenant, except time with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment parking on those portions of the Premises, Common Areas provided for that purpose and the Tenant shall notify its employees of the Landlord’s parking regulations and restrictions. The Tenant shall supply the automobile license plate numbers of its employees to the Landlord will have upon request. The Landlord reserves the right to: (a) Close off remove any of the Common Areas to whatever extent required automobile which, in the reasonable opinion of the Landlord, is infringing regulations made by the Landlord with respect to prevent a dedication parking without notice and notwithstanding any bylaws or regulations of any governmental authority concerning removal and towing of motor vehicles; such removal with respect to any automobiles owned by the Tenant or its agents, customers, employees or invitees shall be at the sole risk and expense of the Tenant; and (b) impose charges for the use of the parking areas or other parking facilities, such rates to be determined by the Landlord having regard to parking facilities provided, and the Landlord shall have the right to retain for itself all revenue received by the Landlord for the use of parking areas or parking facilities without any credit to the Tenant or any other tenants of the Project. 5.5 The Tenant shall not keep or display any merchandise on or otherwise obstruct the parking areas, sidewalks, any other part of the Common Areas or the accrual any part of any rights other tenant’s premises. 5.6 The Tenant acknowledges that it is the intention of the Landlord to develop, construct, maintain, continue to modernise and update the Project, including without limitation, the implementation of the objectives of the Environmental Management Plan as determined by the Landlord, and if necessary, in the sole opinion of the Landlord, to expand the Project from time to time as economic and market conditions permit and, in furtherance of all or any person of these intentions, it is understood and agreed that subject to Article 5.7, the Landlord shall have the right at all times and from time to time throughout the Term to: (a) change the area, size, level, location and/or arrangement of the Project or any part thereof (other than the public to Premises) including the Common Areas; (b) Temporarily close any of construct other buildings, structures or improvements in the Common Areas for maintenanceProject and make alterations thereof, alterationadditions thereto, or improvement re-arrangements thereof, demolish parts thereof, build additional storeys on any building in the Project other than the Building (and, for such purposes; and, to construct and erect columns and support facilities in any building other than the Building), and construct additional buildings or facilities adjoining or proximate to the Project; (c) Change construct multiple deck, elevated or underground parking facilities, and expand, reduce or alter the size, use, shape, or nature of same in any such Common Areas, including erecting additional Buildings on manner whatsoever; provided that the Common Areas, expanding Landlord shall at all times maintain in the Building a number of normal-sized parking stalls made available to the Tenant at least equal to the Original Parking Stall Amount (as such term is defined in Schedule E, Item 9) as the same may be reduced from time to time; (d) relocate or rearrange the various buildings, parking areas and other Buildings to cover a portion parts of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building Project (excluding the Premises) from those existing at the Commencement Day or shown on Schedule A1; (e) make changes and additions to the pipes, conduits and ducts or other Buildings structural and non-structural installations in the Premises where desirable to serve the Common Areas. Upon Areas and other premises in the Project or to facilitate expansion or alteration of the Project, (including without limitation the construction and erection of any additional Buildings or change in Common Areas, columns and support facilities) but the portion Landlord shall not unreasonably interfere with the use and enjoyment of the Project upon which Buildings Premises beyond the extent necessarily incidental to such changes, additions and installations, and the Landlord shall make good any damage to the Premises arising in the course of such changes and additions; (f) add additional lands to the Project; (g) temporarily obstruct or structures have been erected shall no longer be deemed to be a part of close off the Common AreasAreas or any parts thereof for the purpose of maintenance, repair or construction; and (h) have access for itself and all workers, agents, contractors and licensees at all reasonable times for the purpose of carrying out the activities set forth in this Article 5.

Common Areas. As used in this Lease, the term “Common Areascommon areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevatorsparking areas, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, facilities and all other areas and facilities in the Project that which are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and other tenants of the Project and their guestsrespective employees, invitees, licensees or other visitors. Landlord grants Tenant, its employees, licenseesinvitees, or visitorslicensees and other visitors a nonexclusive license for the Term to use the common areas in common with others entitled to use the common areas, subject to the terms and conditions of this Lease. Without advance written notice to Tenant, Tenant (except with respect to matters covered by Article 12(aSubsection (a) below, ) and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close establish and enforce reasonable rules and regulations concerning the maintenance, management, use and operation of the common areas; (b) close off any of the Common Areas common areas to whatever extent required in the reasonable opinion of Landlord and its counsel to prevent a dedication of any of the Common Areas common areas or the accrual of any rights by any person or the public to the Common Areascommon areas, provided such closure does not deprive Tenant of the substantial benefit and enjoyment of the Premises; (bc) Temporarily close any of the Common Areas common areas for maintenance, alteration, alteration or improvement purposes; and; (cd) Change Select, appoint or contract with any person for the purpose of operating and maintaining the common areas, on such terms and conditions as Landlord deems reasonable; (e) change the size, use, shape, shape or nature of any such Common Areascommon areas, including erecting provided such change does not deprive Tenant of the substantial benefit and enjoyment of the Premises. So long as Tenant is not thus deprived of the substantial use and benefit of the Premises, Landlord will also have the right at any time to change the arrangement or location of, or both, or to regulate or eliminate the use of any concourse, parking spaces, toilets or other public conveniences in the Project, without Landlord’s Initials Tenant’s Initials incurring any liability to Tenant or entitling Tenant to any abatement of rent and such action will not constitute an actual or constructive eviction of Tenant; and (f) erect one or more additional Buildings building on the Common Areascommon areas, expanding expand the existing Building or other Buildings buildings to cover a portion of the Common Areascommon areas, converting Common Areas convert common areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings buildings to Common Areascommon areas. Upon erection of any additional Buildings buildings or change in Common Areascommon areas, the portion of the Project upon which Buildings buildings or structures have been erected shall will no longer be deemed to be a part of the Common Areascommon areas. In the event of any such changes in the size or use of the Building or common areas of the Building or Project, Landlord may make an appropriate adjustment in the Rentable Area of the Building or the Building’s pro rata share of exterior common areas of the Project, as appropriate, and a corresponding adjustment to Tenant’s Share of the Operating Expenses payable pursuant to Articles 5 of this Lease, above.

Common Areas. As used (a) Subject to the Rules and Regulations, for 24 hours of each day and throughout the Term, Tenant and Tenant's Associates shall have the non-exclusive right, in this Leasecommon with others, to use the term “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time . Subject to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(asubsection (b) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will shall have the right to: at any time, without Tenant's consent, (ai) Close off to change the arrangement or location of entrances, passageways, doors, doorways, corridors, stairs or other public portions of the Land, the Building and the Parking Facilities, provided any such change does not interfere with Tenant's access to the Leased Premises or the Parking Facilities; (ii) to grant to any Person an exclusive right to conduct a particular business or undertaking in the Building that is not inconsistent with Tenant's permitted use of the Leased Premises: (iii) to use and/or lease the roof of the Building and the Common Areas for any purposes not inconsistent with the terms of this Lease; (iv) to whatever extent required subdivide the Land or to combine the Land with other adjoining real property; and (v) to add additional floors to the Parking Facilities (other than to the Building), to erect additional buildings on the Land and to erect temporary scaffolds and other devices in connection with the reasonable opinion construction, repair and maintenance of Landlord to prevent a dedication the Land or the Building, or both. Landlord's exercise of any of the Common Areas foregoing rights shall not constitute an actual or the accrual constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any rights of its obligations under this Lease, or impose any liability upon Landlord, by any person reason of inconvenience or the public annoyance to the Common Areas;Tenant, or injury to or interruption of Tenant's business, or otherwise. Landlord shall use reasonable efforts to mitigate such inconvenience or annoyance (but with no obligation to employ labor at overtime or other premium pay rates). (b) Temporarily close any of the Common Areas for maintenanceNotwithstanding subsection (a) above, alteration, no modifications shall be made to all or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion part of the Common Areas, converting Common Areas to if as a portion result thereof: (i) any part of the Building or other Buildings, altering the Common Areas Leased Premises would be in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection violation of any additional Buildings or change in Common AreasLegal Requirement; (ii) the security plan for the Building, the portion of Leased Premises or the Project upon which Buildings Parking Facilities is compromised or structures have been erected shall no longer be deemed to be a diminished in effectiveness; (iii) any part of the Common AreasAreas are used for retail or marketing purposes except for advertising the availability of space in the Building; or (iv) the appearance of the Building is inconsistent with first class, Class A office buildings in downtown Baltimore of comparable age, quality and location (the "Peer Group Buildings").

Common Areas. As used in this Lease4.01 Landlord, the term “Common Areas” meansat Landlord's expense, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, shall provide and all other areas and facilities in the Project that are provided and designated shall make available from time to time by within the boundaries of the building project such parking facilities, driveways, entrances and exits thereto, landscape and planted areas, and other improvements and facilities, whether similar or dissimilar, as Landlord for shall at any time and from time to time deem appropriate (all the general foregoing being collectively referred to in this Lease as "Common Areas"). Tenant and its officers, employees, agents, customers and invitees shall have a nonexclusive use and convenience of Tenant right, in common with Landlord and their guestsall others to whom Landlord has granted or may hereafter grant rights, inviteesto use the Common Areas. The Common Areas shall at all times be subject to the exclusive control and management of Landlord, and Landlord shall have the right from time to time to establish, modify and enforce reasonable and nondiscriminatory rules and regulations with respect to the Common Areas, and Tenant agrees, after notice thereof, to abide by such rules and regulations and to cause its officers, employees, licenseesagents, customers and invitees to conform thereto. Landlord, at Landlord's expense, shall construct, operate, manage, equip, repair, landscape, and maintain the Common Areas, for their intended purposes, in such manner as Landlord shall, in Landlord's sole discretion, from time to time determine. Landlord's rights respecting the Common Areas shall include (but shall not be limited to) the following: a. to maintain and operate lighting facilities serving the Common Areas; b. to supervise the Common Areas; c. from time to time to change the area, level, location and arrangement of parking areas, parking spaces and other Common Area facilities, to make installations therein and to move or remove such installations, and to change the location of, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without permanently diminish or discontinue the use of any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment portion of the PremisesCommon Areas; d. to restrict parking by tenants, Landlord will have their officers, agents, employees, customers and invitees, to designated areas and to specific parking spaces; e. to discontinue, or restrict the right to: (a) Close off use of, any portion of the Common Areas to whatever extent required such extent, and for such period of time, as may in the reasonable opinion of Landlord Landlord's counsel be necessary to prevent a dedication of any of the Common Areas thereof or the accrual of any rights by to any person or the public therein; f. to temporarily suspend the use of all, or any portion of, the Common Areas; and g. to take any other action with respect to the Common Areas;, as Landlord, in its sole discretion, shall determine to be advisable. (b) Temporarily close any of 4.02 Tenant's right to use the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a specified portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected thereof shall no longer be deemed to be a part revocable license, and Landlord shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, by reason of Landlord's exercise of any right or rights respecting Common Areas reserved pursuant to Section 4.01 hereof, nor shall the exercise of any such right be deemed a constructive or actual eviction, provided that there shall be no unreasonable obstruction of Tenant's access to the demised premises or unreasonable interference with Tenant's use and enjoyment of the Common Areasdemised premises. 4.03 So long as Tenant is not in default beyond any grace period under any of the terms, covenants and conditions of this Lease, Landlord will provide Tenant ten (10) assigned parking spaces and with access to the parking area for the parking of up to fifty (50) additional automobiles, at no charge. 4.04 With respect to the parking of vehicles at the building project: (i) If Landlord elects to designate a specific parking zone for Tenant's use, Tenant shall require its personnel and visitors to park their vehicles only in parking zone designated by Landlord for Tenant's use for its personnel and visitors on a "first come, first served" basis. Landlord reserves the right at all times to redesignate such parking zones. Tenant, its personnel and visitors shall not at any time park any trucks or delivery vehicles in any of the parking areas. (ii) All use of parking spaces and any other parking areas by Tenant, its personnel and visitors will be at their own risk, and Landlord shall not be liable for any injury to person or property, or for loss or damage to any vehicle or its contents, resulting from theft, collision, vandalism or any other cause whatsoever, unless same is due to the negligence or willful misconduct of Landlord, its agents or employees. (iii) There shall be no overnight parking (unless approved in advance by Landlord), and Tenant shall cause its personnel and visitors to remove their vehicles from the parking area at the end of the working day. If any vehicles owned by Tenant or by its personnel or visitors remains in the parking area overnight and the same interferes with the cleaning or maintenance of said area, any costs or liabilities incurred by Landlord in removing said vehicle to effectuate cleaning or maintenance, or any damages resulting to said vehicle or to Landlord's equipment or equipment owned by others, by reason of the presence of or removal of said vehicle during such cleaning or maintenance shall be paid by Tenant to Landlord, as additional rent on the rent payment date next following the rendition of a xxxx therefor.

Common Areas. As used in In accordance with the terms of this Lease, Landlord grants to Tenant and its agents, servants, employees, guests, invitees and patrons a non-exclusive license during the term “Term of this Lease to use the Common Areas” meansAreas in common with others for their intended purposes (e.g. access, without limitationingress and egress), subject to the reasonable control and management thereof by Landlord. Subject to the other terms of this Lease, Tenant's rights to use the Common Areas shall remain in full force and effect during the Term of this Lease and shall only be terminated upon the expiration or earlier termination of this Lease. Landlord shall, at Landlord's sole cost and expense, operate and maintain or shall cause to be operated and maintained the Hotel in accordance with the terms and conditions of the License Agreement, specifically including, but not limited to, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilitiesrequirements set forth in Section 5 thereof. Landlord has the right at any time, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord for the general nonexclusive use time, to (i) establish, modify and convenience of Tenant with Landlord enforce reasonable rules and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except regulations with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; ; (bii) Temporarily close any enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of the Common Areas for maintenance, alteration, Areas; (iii) close temporarily any or improvement purposesall portions of the Common Areas; and (civ) Change the size, discourage non-customer use, shape, or nature of any ; and (v) do and perform such other acts in and to said Common Areas, as, in the exercise of good business judgment, Landlord shall determine to be advisable; PROVIDED, HOWEVER, no such rule, regulation or action of Landlord shall materially and adversely interfere with Tenant's, its agents, servants, employees, guests, invitees and patrons access to the Premises, including erecting additional Buildings on the license to utilize the Common Areas, expanding or Tenant's ongoing business operations at the Building Premises. Landlord shall not allow buildings, structures, landscaping, kiosks, stands or other Buildings to cover a vending or obstructions in the portion of the Common Areas, converting Common Areas to a portion Area located within ten (10) feet of certain exterior portions of the Building or other BuildingsPremises (including, altering but not limited to the Common Areas in order main entrance to comply with the ADA, or converting any portion of Premise) as mutually agreed upon by Landlord and Tenant (the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areas"View Easement Area").

Common Areas. As used in For the purposes of this LeaseAgreement, the term “terms "Common Area" or "Common Areas” means, without limitation, " shall refer to all land and fixtures and spaces (other than Our business and management offices) outside the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project Home that are provided owned and designated from time to time maintained by Landlord for Us and comprise the general nonexclusive single piece of real property (or the contiguous pieces of real property) that form the single community in which the Home is located. You understand and agree that the use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas (including any amenity, swimming pool, exercise room, basketball court, parking areas, laundry facilities, roadways, and so forth) is subject to whatever extent required any Rules and Regulations set by Us and that such Rules and Regulations may be changed at any time without notice. You understand and agree that Your payment of rent to Us only entitles You to the rental and use of the Home and Your ingress and egress to and from the Home while You remain in legal possession of the reasonable opinion of Landlord to prevent a dedication Home; You also understand and agree that Your use of any Common Area facility (also known interchangeably as "amenity") is not included as part of the rent but instead is a privilege (not a right) granted to You by Us. We may revoke Your privilege to use a Common Areas Area facility anytime if, in Our sole discretion, You or an Authorized Occupant or Your guest (a) misused the accrual of facility in any rights by any person way or the public to the Common Areas; (b) Temporarily close any disturbed the rights or comfort of other people in the facility. In the event We revoke Your privilege to use a Common Area facility, You agree that We have the right to trespass You and Your Authorized Occupant(s) criminally from the Common Areas for maintenanceArea facility. Accordingly, alterationYou further agree that (i) We may close or eliminate any Common Area facility at any time, or improvement purposes; and (cii) Change the sizeWe may forbid You or any Authorized Occupant or guest from entering or using any Common Area facility or amenity based on Your (or their) misuse of same, useand in either event, shape, You would not be entitled to any rent reduction or nature abatement or rescission of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areaskind whatsoever.

Common Areas. As used in this Lease, (a) Landlord shall substantially complete the term “Common Areas depicted on Exhibit A as such facilities are shown on Exhibit A. Landlord reserves the right to change from time-to-time the dimensions and location of the Common Areas” means, without limitationas well as the dimensions, identify and type of any buildings comprising the above ground parking areaProject and to construct additional buildings or additional stories on existing buildings or other improvements on the Project. Landlord also reserves the right to dedicate portions of the Common Areas and other portions of the Project (excepting only the Premises) for street, hallwayspark, entrywaysutility and other public purposes. Provided, stairshowever, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilitiesXxxxxxxx agrees that its exercise of the rights it has reserved to itself pursuant to this Article 5 shall not unreasonably interfere with the operation of the Tenant’s business. (b) Tenant, and all its employees, customers, subtenants, licensees and concessionaires, shall have the non-exclusive right to use the Common Areas as constituted from time to time, such use to be in common with Landlord, other areas and facilities in tenants of the Project that are provided and designated other persons entitled to use the same, and such right shall be subject to such reasonable rules and regulations governing use as Landlord may from time to time by Landlord for the general nonexclusive use and convenience of prescribe. Tenant with Landlord and their guests, invitees, employees, licensees, shall not solicit business or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to display merchandise within the Common Areas; (b) Temporarily , or distribute handbills therein or take any action which would interfere with the rights of other persons to use the Common Areas. Landlord may temporarily close any part of the Common Areas for maintenancesuch periods of time as may be necessary to make repairs or alterations. In addition, alteration, Landlord shall have the right to close all or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of such areas to such extent as may be necessary, in the Common Areasopinion of Xxxxxxxx’s counsel, converting Common Areas to prevent a portion dedication thereof or the acquisition of any rights therein by any person or by the Building or other Buildingspublic, altering the Common Areas in order such closing not to comply unreasonably interfere with the ADA, or converting any portion conduct of the Building (excluding the Premises) or other Buildings to Common AreasXxxxxx’s business. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected All such rules and regulations shall no longer be deemed to be a part of the Common Areasapplied and enforced equally among all such users.

Common Areas. As used Tenant, its customers, employees and invitees shall have the right to use and enjoy free of charge, in this Leasecommon with Landlord, other tenants and their customers, employees and invitees, the term parking areas, approaches, sidewalks, entrances, exits and roadways (hereinafter collectively called the “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time ”) which Landlord agrees to time by Landlord provide for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment reasonable operation of the Premises, Landlord will have the right to: (a) Close off any of Shopping Center. It is expressly understood that the Common Areas to whatever extent required are intended primarily for the use by customers of the stores in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close any of Shopping Center, and Tenant accordingly agrees that its employees will not use the Common Areas for maintenancethe parking or storage of any automobile, alterationtruck or any other vehicle owned or used by any of its employees, except as may be approved in writing by Landlord. Tenant further agrees that Landlord reserves the right, in its sole discretion, to designate specific parking area(s) for the use by the employees and/or customers of Tenant and if so designated, Tenant shall instruct its employees and/or customers, as the case may be, to park in any such designated areas. In order to assist Landlord in the enforcement of the provisions of this paragraph, Tenant agrees that within ten (10) days after being requested so to do, Tenant will furnish Landlord a written statement containing the license plate numbers of all employees, agents, and representatives employed by Tenant in or about the Demised Premises. Tenant shall not park, or improvement purposes; and (c) Change permit to be parked, any delivery vehicles in the sizeCommon Areas intended for the use by customers of the stores in the Shopping Center, use, shape, or nature of any nor permit merchandise delivery from such Common AreasAreas if delivery access and loading and unloading zones are provided by Landlord. Landlord covenants that, including erecting additional Buildings on at all times during the Common Areasterm hereof, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering it will maintain the Common Areas in order a good condition of repair and adequately lighted and paved, and that, except as otherwise provided in paragraph 33 below, there will be at least the minimum number of parking spaces sufficient to comply with satisfy governmental requirements and in no event shall the ADA, or converting any portion number of parking spaces at the Shopping Center existing as of the Building date of this lease be reduced by more than twenty (excluding 20) spaces during the Premisesterm or any extension thereof. Anything in this paragraph to the contrary notwithstanding, Landlord expressly reserves the right, from time to time, (i) to construct other buildings and/or enlarge existing buildings on or other Buildings to over the Common Areas. Upon erection Areas so long as the number of any additional Buildings parking spaces is not reduced by more than twenty (20) spaces, and (ii) increase, reduce, modify or change in Common Areasalter the dimensions and locations of roadways, the portion parking lots, sidewalks and buildings provided such changes, additions or reductions do not unreasonably interfere with Tenant’s use of the Project upon which Buildings Demised Premises or structures have been erected shall no longer be deemed to be a part reduce the number of parking spaces at the Common Areas.Shopping Center by more than twenty (20)

Common Areas. As used Tenant and its employees, customers and invitees shall have the reasonable nonexclusive right to use, in this Leasecommon with Landlord and the other tenants and occupants of the Building and their respective employees, customers and invitees and all others to whom Landlord has or may hereafter grant rights to use the same, the term “public portion of the Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated Areas as may from time to time by exist. Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will shall have the right to: (a) Close off to temporarily close any or all portions of the Common Areas to whatever such extent required as may, in the reasonable opinion of Landlord Landlord's opinion, be necessary to prevent a dedication of any of the Common Areas thereof or the accrual of any rights by to any person or the public therein provided that Landlord shall use reasonable efforts to minimize interference with Tenant's use of the Common Areas and shall provide Tenant access to the Premises at all times. Landlord shall at all times have full control, management and direction of the Common Areas; (b) Temporarily . Tenant shall not cause or allow any storage of materials or equipment outside of the Premises on any of the Common Areas. Landlord reserves the right at any time and from time to time to reduce, increase, enclose or otherwise change the size, number, location, layout and nature of the Common Areas, to construct additional buildings and stories, to create additional rentable areas through use and/or enclosure of Common Areas, to close any portions of the Common Areas for maintenance, alterationrepair or replacement, or improvement purposes; and (c) Change to place signs in the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings Areas and on the Common Areas, expanding Building to change the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion name of the Building or other Buildings, altering and to change the Common Areas in order to comply with nature of the ADA, or converting use of any portion of the Building provided, however, any such action shall not materially and adversely affect Tenant's rights hereunder or Tenant's access to the Premises or parking available to Tenant (excluding the Premisesother than on a temporary basis) or other Buildings to Common Areas. Upon erection the conduct of any additional Buildings or change Tenant's business in Common Areas, the portion of ordinary course consistent with Tenant's current operations in the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common AreasBuilding.

Common Areas. As used Tenant and its employees, agents, invitees and licensees are also granted the right, in this Leasecommon with others, to the term non-exclusive use of such of the areas as are from time to time designated by Landlord as “Common Areas” meanswithin the Shopping Center, without limitationsubject to the exclusive control and management thereof at all times by Landlord and the exclusive rights of certain tenants and/or other occupants of the Shopping Center in and to portions of such areas. The Common Areas shall include the facilities in the Shopping Center which are designated for the general use, in common, of the occupants of the Shopping Center, and to the extent the same are provided, the above ground parking areaareas, hallwayssidewalks, entryways, stairs, elevators, driveways, walkways, terraces, docksroadways, loading areasplatforms, restrooms, trash facilitiesramps, maintenance and mechanical areas, management offices, promotion offices, and all other areas landscaped areas. Landlord will operate and facilities maintain or will cause to be operated and maintained the Common Areas in a manner deemed by Landlord to be reasonable and appropriate and in the Project that are provided and designated from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment best interests of the Premises, Shipping Center. Landlord will have the right to: (ai) Close off establish, modify and enforce reasonable rules and regulations with respect to the Common Areas; (ii) enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of the Common Areas and any portions thereof; (iii) close any or all portions of the Common Areas to whatever such extent required as may, in the reasonable opinion of Landlord Landlord, be necessary to prevent a dedication of any of the Common Areas thereof or the accrual of any rights by any an person or by the public to the Common Areas; therein; (biv) Temporarily close any of the Common Areas for maintenance, alteration, temporarily and or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion all portions of the Common Areas; (v) change the number and location of buildings, converting Common Areas to a portion building dimensions, number of floors in any of the Building or other Buildingsbuildings, altering the Common Areas in order to comply with the ADAstore dimensions, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in driveways, Common Areas, the portion identity and type of other stores and tenants, provided only that the size of the Project upon which Buildings or structures have been erected shall no longer be deemed Premises (as herein defined), reasonable access to the Premises and the parking facilities to be a part of provided shall not be materially impaired, and (vi) do and perform such other acts in and to the Common AreasAreas and improvements therein as, in the exercise of good business judgment, Landlord shall determine to be advisable.

Common Areas. As used in this LeaseTenant, its employees and invitees shall have the term “non-exclusive right to use the Common Areas” means, without limitation, Areas as constituted for general use of occupants of the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated Building from time to time (except for mechanical rooms, janitorial closets and other areas intended for systems maintenance and not for access by Landlord for tenants or the general nonexclusive public), such use to be in common with Landlord, other tenants of the Project and convenience other persons and subject to the Rules and Regulations set forth in Exhibit D attached hereto and by this reference made a part hereof, as such Rules and Regulations may be amended from time to time provided such amendments are nondiscriminatory in nature. Subject to the limitations set forth in the next sentence, Landlord reserves the right from time to time to undertake any or all of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) the activities described below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 such reservation of rights shall not: (ai) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and use or enjoyment of or access to the Premises, the Parking Area or Tenant’s other rights under this Lease, or increase the amount of Rentable Area in the Premises; (ii) increase Tenant’s Rent; or (iii) reduce the number of Tenant’s parking privileges set forth herein (but the Landlord will have may grant reserved parking spaces to one or more tenants). In connection therewith, Landlord reserves the right following rights: to add to: (a) Close off , or subtract from, or change from time to time, the dimensions and location of the Common Areas, it being understood that Landlord may, at its option, add areas to or remove areas from the Common Areas; to create any additional improvements in the Common Areas or to alter or remove any improvements in the Common Areas; to convert areas previously designated by Landlord as part of the Common Areas to whatever extent required in an area leased to one or more tenants or to designate previously leased space other than the reasonable opinion of Landlord to prevent a dedication of any Premises as part of the Common Areas or the accrual of any rights by any person or the public provided equitable adjustments are made to the Common Areas; (b) Temporarily close Rentable Area in the Building; to make alterations or additions to the Building and to any of other buildings or improvements within the Project; to operate and/or maintain such Common Areas for maintenance, alterationin conjunction with other parties; to construct, or improvement purposespermit others to construct, other buildings or improvements within the Project; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion and permit special use of the Common Areas, converting Common Areas including temporary exclusive use for special occasions. Landlord is not obligated to a portion of construct or provide for Tenant any improvements outside the Building or other Buildings, altering the Common Areas except as otherwise expressly provided in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasthis Lease.

Common Areas. As used (a) During the Term, Landlord hereby grants to Tenant a non-exclusive, irrevocable right and license to use the Common Areas and the Employee Common Areas in this Leasecommon with Landlord, Prime Landlord, and its other lessees and licensees and, as applicable, the term respective employees, customers, invitees, business invitees, contractors, agents, and others on or about the Land in connection with any use or activity permitted hereunder (collectively, “Permitted Users”) of Landlord, Prime Landlord, and its other lessees and licensees. Prime Landlord shall have the right to promulgate reasonable rules and regulations with respect to such use, provided that the same are non-discriminatory among all lessees of Prime Landlord and shall have exclusive control over and the exclusive right to manage the Common Areas and Employee Common Areas” means. Tenant shall have no dominion or control over the Common Areas or the Employee Common Areas. Prime Landlord shall have the right to make reasonable alterations, without limitationexpansions, contractions, relocations and other adjustments to the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, Common Areas and all other areas and facilities in the Project that are provided and designated Employee Common Areas from time to time by as Prime Landlord for the general nonexclusive use deems reasonable or appropriate, and convenience no alteration or diminution thereof shall be deemed a constructive or actual eviction of Tenant with Landlord or entitle Tenant to compensation or a reduction or abatement of Rent. In exercising control over and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of managing the Common Areas to whatever extent required and Employee Common Areas, Prime Landlord shall act reasonably and in the reasonable opinion of Landlord to prevent a dedication of any manner that does not unreasonably interfere with or have a material adverse impact upon Tenant’s use of the Common Areas or the accrual of any rights by any person or the public to the Employee Common Areas;. (b) Temporarily close During the Term, Landlord hereby reserves and Tenant hereby grants to Prime Landlord, Landlord, and their Permitted Users an irrevocable, non-exclusive right and license to use the Casino Public Common Areas in common with Tenant and Tenant’s Permitted Users. Notwithstanding any other provision of this Lease, Tenant shall not interfere in any manner whatsoever with ingress to and egress from the various interior and exterior parts of the Resort through the Casino Public Common Areas by Prime Landlord, Landlord or any of their Permitted Users. Further, in exercising control over the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Casino Public Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building Tenant shall act reasonably and in a manner that does not unreasonably interfere with or other Buildings to cover have a portion material adverse effect upon Prime Landlord’s or Landlord’s use of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Casino Public Common Areas.

Common Areas. Landlord hereby grants to Tenant, during the Term of this Lease, the nonexclusive right to use, in common with all others so entitled, the Common Areas of the Shopping Center. As used in this Leaseherein, the term “Common Areas” meansshall mean and include all areas, facilities and improvements provided from time to time for the general, common or joint use on a non-exclusive basis by Landlord and the tenants of the Shopping Center, including, without limitation, the above ground all parking areaspaces and areas, hallways, entryways, stairs, elevatorspedestrian sidewalks, driveways, walkwayscurbing, terracesretaining walls, truckways, access roads, ramps, loading docks, loading delivery areas, restroomsstorm and sanitary sewer systems, trash signs, music program service, if any, landscaped and vacant areas and lighting facilities, including all utilities serving the same, whether located within or outside of the Shopping Center property, except as may be otherwise designated by Landlord for the exclusive use of any tenant. The Common Areas shall be subject to the exclusive control and all other areas management of Landlord and facilities in to such rules and regulations as Landlord may from time to time, adopt. Tenant shall refrain from doing any act which interferes with Landlord’s exclusive control and management of the Project that are provided and designated Common Area or with the use of Common Area by others. Landlord hereby reserves the right at any time or from time to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 to: (a) in such a manner as change the areas, locations and arrangement of parking areas and other Common Areas; (b) enter into, modify and terminate easements and other agreements pertaining to materially impair or adversely affect Tenant’s substantial benefit the maintenance and enjoyment use of the Premises, Landlord will have the right to: parking areas and other Common Areas; (ac) Close off close any or all portions of the Common Areas to whatever such extent required and from such time as may, in the reasonable opinion sole discretion of Landlord Landlord’s counsel, be legally necessary to prevent a dedication of any of the Common Areas thereof or the accrual of any rights by to any person or to the public to the Common Areas; therein; (bd) Temporarily close temporarily, if necessary, any part of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with discourage non-customer parking; (e) make changes, additions, deletions, alterations or improvements in and to such Common Areas, provided that there shall be no unreasonable obstruction of Tenant’s right of ingress to or egress from the ADA, or converting any portion Demised Premises; and (f) adopt reasonable rules and regulations by which Tenant shall abide relating to the use of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected Nothing contained herein shall no longer be deemed to be a part of warranty, representation or agreement by Landlord that the Shopping Center will be, or will continue to be as indicated on Exhibit A without change. Landlord may demolish buildings and improvements, build additional buildings, add additional floors, change the layout and otherwise change or reduce the Shopping Center buildings, the parking areas or Common AreasAreas at any time, as Landlord deems necessary or desirable.

Common Areas. As used Tenant shall have the non-exclusive right to use in this Lease, common with other tenants and occupants at the term “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilitiesProject, and all other areas subject to any rules and facilities in the Project that are provided and designated regulations promulgated by Landlord from time to time pursuant to Section 4.5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants or occupants at the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, are collectively referred to herein as the “Common Areas”). The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to any rules and regulations, as amended, promulgated by Landlord for from time to time in Landlord’s reasonable discretion. Landlord reserves the general nonexclusive use and convenience of Tenant with Landlord and their guestsright to temporarily close, invitees, employees, licenseesmake alterations or additions to, or visitorschange the location of elements of the Project and the Common Areas. Without advance written notice to TenantLandlord reserves the right, except with respect to matters covered by Article 12(a) below, without the same constituting an actual or constructive eviction and without entitling Tenant to any liability to Tenant in abatement of Rent, to: (i) close any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any part of the Common Areas to whatever extent required in the reasonable Landlord’s opinion of Landlord to prevent a dedication of any of the Common Areas thereof or the accrual of any prescriptive rights by any person or the public to the Common Areas; therein; (bii) Temporarily temporarily close any of the Common Areas for to perform repairs or maintenance, alterationor for any other reason deemed necessary by Landlord; (iii) change the shape, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion location and extent of the Common Areas, converting ; (iv) eliminate from or add to the Common Areas any land or improvement; (v) make changes to a portion the Common Areas including, without limitation, changes in the location of driveways, entrances, passageways, doors and doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, sidewalks or the direction of the flow of traffic and the site of the Common Areas; and (vi) change the name or address of the Building or other Buildings, altering Project. In exercising its rights with regard to the Common Areas in order Area set forth above, Landlord shall use commercially reasonable efforts to comply not materially interfere with the ADATenant’s use of, or converting any portion of the Building (excluding access to, the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areas.

Common Areas. As used in (a) Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, customers and invitees, during the term of this Lease, the term “non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Project. Under no circumstances shall the right herein granted to use the Common Area be deemed to include the right to store any property, temporarily or permanently, in the Common Area or to construct or install any improvements in the Common Area. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, the Landlord shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be immediately payable by Tenant to Landlord upon demand by Landlord. (b) Landlord or such other person(s) as Landlord may appoint, shall have the exclusive control and management of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Tenant agrees to abide by and conform to all such rules and regulations, as well as any private conditions, covenants, and restrictions of public record now or hereafter affecting the Premises and any amendment thereof, and to cause its employees, suppliers, shippers, customers and invitees to abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with said rules and regulations by other tenants or authorized users of the Project. Any failure by Tenant or its agents, employees or representatives to observe and comply with the rules and regulations established by Landlord with respect to the Common Areas shall be a default by Tenant hereunder. (c) Landlord shall have the right in Landlord's sole discretion, from time to time: (i) to make changes to the Common Areas” means, including, without limitation, changes in the above ground location, size, shape and number of driveways entrances, parking areaspaces, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docksparking areas, loading and unloading areas, restroomsingress, trash facilitiesegress, and all other direction of traffic, landscaped areas and facilities in the Project that are provided and designated from time walkways; (ii) to time by Landlord for the general nonexclusive use and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close temporarily any of the Common Areas for maintenancemaintenance purposes, alteration, or improvement purposesso long as reasonable access to the Premises remains available; and (ciii) Change to designate other land outside the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion boundaries of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areas; (iv) to add additional buildings and improvements to the Common Areas; (v) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Project, or any portion thereof; (vi) to close, at reasonable times, all or any portion of the parking areas for any reasonable purpose, including without limitation, the prevention of a dedication thereof, or the accrual of the rights of any person or public therein; and, (vii) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and the Project as Landlord may, in the exercise of sound business judgment, deem to be appropriate.

Common Areas. As used in this Lease(a) Subject to the provisions of Sections 6.8 and 6.9, Lessee shall have the term “nonexclusive, shared right to the reasonable use of all Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other areas and facilities in the Project that are provided and designated from time to time by Landlord Areas as described on Exhibit 2.1(a) attached for the general nonexclusive purposes intended, which use shall be in compliance with all Applicable Laws and convenience Other Requirements and shall be subject to the terms of Tenant this Land Lease and to the Rules and Regulations. Lessee shall not interfere with Landlord and their gueststhe rights of any or all of Lessor, inviteesLessor’s Agents, employees, other lessees or licensees, or visitorsany other person entitled to use the Common Areas, including any excessive use thereof by Lessee or Lessee’s Agents. (b) Lessor shall at all times have exclusive control of the Common Areas. Without advance written notice to TenantLessor shall have the right, except with respect to matters covered by Article 12(a) below, exercisable in its sole and absolute discretion and without the same constituting an actual or constructive eviction and without entitling Lessee to any liability to Tenant in any respectabatement of Rent or other right or remedy, provided Landlord will take no action permitted under Article 12 (a) in such a manner so long as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment none of the following prevents or unreasonably restricts Lessee from operating the Lessee Business on the Leased Premises, Landlord will have the right to: : (ai) Close off close any part of the Common Areas to whatever extent required in the reasonable opinion of Landlord Lessor to prevent a dedication thereof or the accrual of any prescriptive rights therein or to permit the holding of events or permit the temporary use thereof for charitable or commercial purposes; (ii) temporarily close the Common Areas to perform repairs or maintenance or for any other reason deemed sufficient by Lessor; (iii) change the shape, size, location and extent or hours of operation of the Common Areas; (iv) eliminate from or add to the Property any land or improvement; (v) make changes to the Common Areas (except for the location of Access Roads which is governed by Section 6.9), including, without limitation, changes in the location of Site Amenities, entrances, passageways, doors and doorways, elevators, stairs, restrooms, exits, parking spaces, parking areas, sidewalks or the direction of the flow of traffic and the site of the Common Areas; (vi) remove unauthorized persons from the Common Areas, the Leased Premises and the Property; and/or (vii) change the name or address of the Property. Lessee shall keep the Common Areas clear of all obstructions, debris or rubbish created or permitted by Lessee. If, in the reasonable opinion of Lessor, unauthorized persons are using any of the Common Areas or by reason of the accrual presence of Lessee at the Property, Lessee, upon demand of Lessor, shall restrain such unauthorized use by appropriate proceedings. In exercising any such rights by any person or the public to regarding the Common Areas;, Lessor shall make a reasonable effort to minimize any disruption to the Lessee Business. (bc) Temporarily close The easements, licenses and rights of use granted to Lessee pursuant to Sections 6.7, 6.8, 6.9 and this Section 6.10 and otherwise pursuant to this Land Lease (collectively, “Licenses”) shall expire and completely and automatically terminate (without any further action or instrument) upon the expiration or sooner termination of the Term. In Lessee’s use of the Licenses, Lessee shall cooperate with Lessor to create as little interference as practicable with Lessor’s operations on, and Lessor’s use and enjoyment of, the Property. Lessee shall not cause or permit any damage or injury to occur to the portion of the Property that is subject to the Licenses, or any part thereof or person or property located thereon. Lessee shall be solely responsible for any damage caused by Lessee (or any officer, director or employee, agent, licensee or invitee thereof) to any of the Common Areas for maintenanceand, alterationupon Lessor’s request, or improvement purposes; and (c) Change the size, use, shape, or nature of shall promptly repair any such Common Areasdamage or promptly pay the cost of such repair to Lessor, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasas elected by Lessor.

Common Areas. As used in this LeaseIn addition to the Premises, Tenant shall have the term “Common Areas” means, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, and all other use of those certain common areas and facilities in the Project that are provided and to be designated by Landlord from time to time by Landlord on the Property; such areas shall include, but not be limited to, parking areas, access roads and facilities, interior corridors, sidewalks, driveways and landscaped and open areas (collectively, “Common Areas”). The use of the Common Areas shall be for the general nonexclusive non exclusive use and convenience of Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord and their guests, invitees, employees, licenseesall other tenants of the Property and all such other persons to whom Landlord has previously granted, or visitorsmay hereinafter grant, rights of usage; provided that such nonexclusive use shall be expressly subject to such reasonable rules and regulations which may be adopted by Landlord from time to time. Without advance written notice Tenant shall not be entitled to use the common areas for storage of goods, vehicles, refuse or any other items. Landlord reserves the right to alter, modify, enlarge, diminish, reduce or eliminate the Common Areas from time to time in its sole discretion; provided, however, it does not unreasonably and materially interfere with Tenant, except with respect ’s access or use and occupancy of the Premises. Landlord shall have the right to matters covered by Article 12(a) belowmodify common areas, and without any liability to Tenant in any respectif necessary, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment parts of the Premises, in order to implement new, necessary security measures and Landlord will have the right to: (a) Close off shall endeavor to minimize any adverse affect on Tenant’s use of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of any of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily close Premises. If Tenant shall use any of the Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature storage of any such Common Areasitems, including erecting additional Buildings on the Common AreasTenant shall pay all fines imposed upon either Landlord or Tenant by any fire, expanding the Building building or other Buildings regulatory body, and Tenant shall pay all costs incurred by Landlord to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering clear and clean the Common Areas in order to comply with the ADAand dispose of such items, or converting any portion including but not limited to, a disposal fee of the Building twenty-five dollars (excluding the Premises$25.00) for each pallet or other Buildings to Common Areas. Upon erection of container and fifty dollars ($50.00) for each drum, together with any additional Buildings or change in Common Areascosts for testing and special disposal, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasif required.

Common Areas. As used in this Lease, the term “The "Common Areas” means" consist of certain entryway, without limitation, the above ground parking area, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilitiesrestroom or other areas in Landlord's Building, and certain driveways and parking areas on Landlord's Conference Center Complex, as are designated in yellow on Exhibits A and B. If Landlord elects in its sole discretion to designate in writing additional areas within Landlord's Conference Center Complex (whether inside or outside of buildings) as Common Areas, then such additional areas so designated will be governed by the terms of this Lease governing Common Areas the same as the originally designated Common Areas. The designation of any area or areas as part of the Common Areas shall not be deemed to be a permanent designation, and, except for designated rest rooms and entry/exit ways in Landlord's Building, Landlord shall have the right to reclassify any area previously designated as part of the Common Areas (whether same are areas originally designated herein as Common Areas per Exhibits A and B hereto or otherwise); provided, that access driveways and parking areas reasonably equivalent to those now designated on Exhibit B hereto will in any case remain as Common Areas hereunder during the Term. Tenant shall have a nonexclusive right during the Term of this Lease to use the Common Areas as constituted from time to time. Such use shall be in common with Landlord, with other tenants of Landlord if any, and with all other areas persons designated by Landlord as entitled to use the same, and facilities in the Project that are provided shall be subject at all times to such reasonable rules and designated regulations governing use as Landlord may from time to time by prescribe. The Common Areas, as constituted from time to time, shall be subject to Landlord's sole management and control and shall be operated and maintained in such manner as Landlord for in its discretion determines. Tenant shall not take any action that would interfere with the general nonexclusive rights or privileges of other persons to use the common Areas. Without limiting the generality of the foregoing, Tenant, its agents, contractors, subcontractors, employees and convenience of Tenant with Landlord and their guests, invitees, employees, licensees, or visitors. Without advance written notice to Tenant, except with respect to matters covered by Article 12(a) below, and without any liability to Tenant shall park vehicles only in any respect, provided Landlord will take no action permitted under Article 12 (a) in such a manner as to materially impair or adversely affect Tenant’s substantial benefit and enjoyment of the Premises, Landlord will have the right to: (a) Close off any properly marked parking spaces that are part of the Common Areas to whatever extent required in the reasonable opinion of Landlord to prevent a dedication of and shall at no time block any driveways that are part of the Common Areas or the accrual of any rights by any person or the public to the Common Areas; (b) Temporarily . Landlord may temporarily close any part of the Common Areas for maintenancesuch periods of time as may be necessary to make repairs or alterations, alterationto prevent the public from obtaining prescriptive rights, or improvement for other reasonable purposes; and . Notwithstanding anything herein, Tenant shall have access to the Demised Premises on a twenty four (c24) Change the sizehour per day, use, shape, or nature of any such Common Areas, including erecting additional Buildings on the Common Areas, expanding the Building or other Buildings to cover a portion of the Common Areas, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building seven (excluding the Premises7) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areas, the portion of the Project upon which Buildings or structures have been erected shall no longer be deemed to be a part of the Common Areasday per week basis.

Common Areas. As used All parking areas, access roads and facilities furnished, made available or maintained by Landlord in this Leaseor near the Hotel Complex, the term “Common Areas” meansincluding employee parking areas, without limitationtruck ways, the above ground driveways, loading docks and areas, delivery areas, multi-story parking areafacilities, hallways, entryways, stairspackage pickup stations, elevators, drivewaysescalators, walkwayspedestrian sidewalks, terracescourts and ramps, docks, loading landscaped areas, restroomsretaining walls, trash stairways, lighting facilities, sanitary systems, utility lines, water filtration and all other treatment facilities, those areas within and facilities in adjacent to the Project that are provided Hotel Complex for ingress and designated egress to and from the Hotel Complex, which from time to time may be provided by Landlord or others for the convenience, use or benefit of the tenants of the Hotel Complex, Landlord, the occupants and visitors of the Hotel Complex and their respective concessionaires, agents, employees, customers, invitees and licensees, those areas, if any, upon which temporary or permanent off-site utility systems or parking facilities serving the Hotel Complex, may from time to time be located and other areas and improvements provided by Landlord for the general nonexclusive use and convenience in common of Tenant with Landlord tenants and their guestscustomers in the Hotel Complex (all herein called “Common Areas”) shall at all times be subject to the exclusive control and management of Landlord, inviteesand Landlord shall have the right, employeesfrom time to time, licenseesto establish, or visitors. Without advance written notice to Tenantmodify and enforce reasonable rules, except regulations and requirements with respect to matters covered by Article 12(a) belowall Common Areas. Tenant agrees to comply with, and without any liability to Tenant in any respectcause Tenant’s employees and contractors to comply with, provided Landlord will take no action permitted under Article 12 (a) in such a manner all rules, regulations and requirements set forth by Landlord, and all amendments thereto, relating to the Common Areas, Premises or Hotel Complex. So long as to the same does not materially impair or and adversely affect Tenant’s substantial benefit access, ingress and enjoyment of egress to the Premises, Landlord will shall have the right from time to time to: (a) Close off any : change or modify and add to or subtract from the sizes, locations, shapes and arrangements of parking areas, entrances, exits, parking aisle alignments and other Common Areas; designate parking areas for Landlord, Landlord’s employees and tenants, and/or limit the total number of such employee spaces; restrict parking by Tenant and Tenant’s employees to designated areas; construct surface, sub-surface or elevated parking areas and facilities; establish and from time to time change the level or grade of parking surfaces; add to or subtract from the buildings in the Hotel Complex; eliminate such access as may, from time to time, be available to the Hotel Complex; and do and perform such other acts in and to said Common Areas as Landlord, in Landlord’s sole and absolute discretion deems advisable for the use thereof by tenants and their customers. Tenant further acknowledges that this Section 5.1 shall be for the benefit of, and directly enforceable by, Landlord. Landlord shall provide Tenant, throughout the Lease Term and at no charge, with ten (10) reserved parking spaces, or ten (10) spaces within a separate, secured parking area on Hotel grounds. In the event that Landlord determines, in Landlord’s sole and absolute discretion, to whatever extent required provide parking or transportation facilities for the Hotel Complex, Landlord may charge a fee to users thereof and may impose and enforce such uniform rules and regulations concerning the use thereof (including a prohibition of use by tenant’s employees) as Landlord may, in Landlord’s sole and absolute discretion, deem desirable. Landlord shall have the reasonable opinion right at any and all times to utilize portions of Landlord to prevent a dedication of any of the Common Areas for promotions, exhibits, entertainments, product and other shows, displays, the leasing of kiosks or the accrual of any rights by any person food and/or beverage facilities, or such other uses as may in Landlord’s judgment tend to attract the public to benefit the Common Areas; (b) Temporarily close any of Hotel Complex. Except as specifically otherwise provided in this Lease, Landlord may do such other acts in and to the Hotel Complex and those Common Areas for maintenance, alteration, or improvement purposes; and (c) Change the size, use, shape, or nature of any such Common Areas, including erecting additional Buildings located on the Common AreasHotel Complex as in Landlord’s sole and absolute discretion may be desirable, expanding the Building or other Buildings to cover a portion of the Common Areasincluding, converting Common Areas to a portion of the Building or other Buildings, altering the Common Areas in order to comply with the ADA, or converting any portion of the Building (excluding the Premises) or other Buildings to Common Areas. Upon erection of any additional Buildings or change in Common Areasbut not limited to, the portion conversion of the Project upon which Buildings or structures have been erected shall no longer be deemed portions thereof to be a part of the Common Areasother uses.