Common use of Common Areas Clause in Contracts

Common Areas. Tenant shall have non-exclusive access to (and use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time (“Common Areas”), provided that Landlord shall have the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situation.

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped areas in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of (“Common Areas”)a) all unrestricted automobile parking areas, provided that driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate in its discretion; providedmay deem appropriate. Landlord also reserves all airspace rights above, howeverbelow and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas. D. Landlord and Tenant agree that in no event may Landlord take will not be responsible for any such action that would permanently reduce loss, theft or damage to vehicles, or the available parking contents thereof, parked or left in the vicinity parking areas of the Building unless due to the negligence or permanently impair Tenant’s ingress willful misconduct of Landlord and egress Tenant agrees to and from the Buildingso advise its employees, visitors or invitees who may use such parking areas. Landlord has the exclusive right The parking areas shall include those areas designated by Landlord, in its sole discretion, as either restricted or unrestricted parking areas. Subject to (i) designate the Common AreasArticle 36 hereof, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available restricted parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingareas shall be leased only by separate license agreement with Landlord. Tenant shall further agrees not unreasonably interfere with the rights of others to use or permit its employees, visitors or invitees to use the Common Areas. All use parking areas for overnight storage of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationvehicles.

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped areas in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition to the Premises, Tenant shall have the right of non‑exclusive use, in common with others, of (“Common Areas”)a) all unrestricted automobile parking areas, provided that driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A‑2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate in its discretion; providedmay deem appropriate. Landlord also reserves all airspace rights above, howeverbelow and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas. D. Landlord and Tenant agree that in no event may Landlord take will not be responsible for any such action that would permanently reduce loss, theft or damage to vehicles, or the available parking contents thereof, parked or left in the vicinity parking areas of the Building and Tenant agrees to so advise its employees, visitors or permanently impair Tenant’s ingress and egress to and from the Buildinginvitees who may use such parking areas. Landlord has the exclusive right to (i) designate the Common AreasThe parking areas shall include those areas designated by Landlord, (ii) change the designation of any Common Area and otherwise modify the Common Areasin its sole discretion, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available as either restricted or unrestricted parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingareas. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant shall further agrees not unreasonably interfere with the rights of others to use or permit its employees, visitors or invitees to use the Common Areas. All use parking areas for overnight storage of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationvehicles.

Common Areas. Tenant shall have The term “Common Areas” is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Building Complex that are provided and designated by the Landlord from time to time for the general non-exclusive access to (use of Landlord, Tenant and use of) the common areas other tenants of the Building Complex and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive usetheir respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, drivewaysutility rooms, building signsloading and unloading areas, landscapingtrash areas, pavingroadways, sidewalks, hallwayswalkways, stairwaysparkways, elevatorsdriveways and landscaped areas. Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Primary Lease Term the non-exclusive right to use, in common entranceswith others entitled to such use, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex Common Areas as Landlord may designate they exist from time to time (“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 Complex. Under no circumstances shall the right therein 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, provided which consent may be revoked at any time. In the event that any unauthorized storage shall occur, then Landlord shall have the right right, without notice, in addition to eliminatesuch other rights and remedies that it may have, substitute and/or rearrange to remove the property and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord. Landlord or such areas which may theretofore have been so designated other person(s) as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce appoint shall have the available parking in the vicinity exclusive control and management of the Building or permanently impair Tenant’s ingress Common Areas and egress shall have the right, from time to time, to establish, modify, amend and from the Buildingenforce reasonable rules and regulations with respect thereto. Landlord has shall have the exclusive right right, in Landlord’s sole discretion, from time to time: (i) designate 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; (ii) change the designation to close temporarily any of any Common Area and otherwise modify the Common Areas, and Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iii) permit special use to designate other land outside the boundaries of the Building Complex to be a part of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce (iv) to add additional building and improvements to the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others Common Areas; (v) to use the Common Areas. All use of Areas while engaged in making additional improvements, repairs or alterations to the Building Complex, or any portion thereof; and (vi) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking Building Complex as Landlord may, in the vicinity exercise of the Building or any temporary impairment of the ingress and egress sound business judgment deem to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationappropriate.

Common Areas. Tenant A. For purposes of this Lease “Common Areas” shall have non-exclusive access to (mean all areas, improvements, space, equipment and use of) special services in or at the Complex provided by Landlord for the common areas or joint use and benefit of the Building tenants, customers, and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useother invitees, including parking areaswithout limitation garage access roads, driveways, building signsentrances and exits, landscapingretaining walls, pavinglandscaped areas, truck serviceways or tunnels, loading docks, pedestrian walk-ways, atriums, walls, courtyards, concourses, stairs, ramps, sidewalks, washrooms, signs identifying or advertising the Complex, maintenance buildings, utility buildings, maintenance and utility rooms and closets, hallways, stairways, elevators, common entrances, lobbies, restrooms elevators and other similar public areas their housing and access ways including such automobile parking lot facilities rooms, common window areas, walls and ceilings in Common Areas, and trash or rubbish areas. B. Provided no event of default under this Lease in respect of Tenant has occurred and is continuing, Tenant shall be entitled to use, in common with others entitled thereto, the Building and/or the Office Complex Common Areas as Landlord may designate be designated from time to time (“Common Areas”)by Landlord, provided that Landlord shall have subject however to the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity terms and conditions of the Building or permanently impair Tenant’s ingress this Lease and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereoffor the use thereof as may be prescribed from time to time by Landlord. Any temporary If the size or configuration of the Common Areas is diminished or altered, and as long as such diminution or alteration does not materially adversely affect access to the Building, the Premises or the Tenant’s Parking Spaces, Landlord shall not be liable to Tenant therefor, nor shall Tenant be entitled to any compensation or diminution or abatement of Rent, nor shall such diminution or alteration of the Common Areas be considered a constructive or actual eviction. Notwithstanding anything to the contrary herein, under no circumstances shall Landlord be liable for any alteration or reduction of the available parking in Common Areas that is beyond the vicinity reasonable control of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) nor shall Tenant be accomplished in entitled to any compensation or diminution or abatement of Rent as a result thereof, nor shall such a manner to allow minimal interference with Tenant’s access to, and parking on, diminution or alteration of the Common Areas be considered a constructive or actual eviction. C. Landlord agrees to cause the extent practicable in light main water valve and other components of the thenwater-current situationbased fire protection and fire alarm systems for the Building to be inspected not less frequently than required by the City of Richmond Fire Xxxxxxxx, to perform any repairs and make any replacements recommended during such inspections and to comply with the provisions of NFPA 25 and 72 (Standards for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems and National Fire Alarm Code, respectively) promulgated by the National Fire Protection Association and all successors codes and standards.

Common Areas. Tenant shall have non-exclusive access the right to (use, in common with other tenants, Landlord and use of) others to whom rights are now or hereinafter granted by Landlord, the common areas of the Building Property and the Office Complex. The Building’s common walkways, driveways and parking areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time (“Common Areas”). Tenant’s use of the Common Areas including the parking shall be on an unreserved, provided that Landlord non-exclusive basis and solely for Tenant’s employees and visitors. Tenant’s right to use the parking in the Common Areas shall be limited as follows: Tenant shall have the right at all times to use the parking areas labeled Area A, B, and D on the attached Exhibit B. Tenant shall have the right to eliminateuse the parking area labeled Area C at all times, substitute and/or rearrange with the exception that in no event shall Tenant, its employees and visitors use the parking area labeled Area C from 7:00 PM to 10:00 PM. Further, as a part of this Lease, Tenant shall have the right to use the parking on the Additional Property for Parking at all times. Any improvements desired by Tenant or required by any governmental or municipal entity on the Additional Property for Parking shall be at Tenant’s sole cost and expense. Landlord shall not be liable to Tenant, and this Lease shall not be affected, if any parking rights of Tenant hereunder are impaired by any law, ordinance or other governmental regulation imposed after the Effective Date, provided, however, that if any such areas which may theretofore have been so designated as parking impairment materially affects Tenant’s ability to reasonably operate its business, Base Rent and Additional Rent shall be equitably abated to account for such impairment. If Landlord deems appropriate in grants to any other tenant the exclusive right to use any particular parking spaces, neither Tenant nor its discretionvisitors shall use such spaces; provided, however, that in no event may Landlord take if any such action that would permanently reduce the available parking exclusive grant to a third party results in a material reduction in the vicinity number of the Building or permanently impair parking spaces available to Tenant’s ingress , Base Rent and egress Additional Rent shall be equitably abated to and from the Buildingaccount for such reduction. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use Use of the Common Areas shall be subject only upon the terms set forth at any time by Landlord. Landlord may at any time and in any manner make any changes, additions, improvements, repairs or replacements to the rules Common Areas that it considers desirable, provided that Landlord shall give Tenant prior written notice of such repairs and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress shall use reasonable efforts to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal minimize interference with Tenant’s access to, and parking on, the Common Areas normal activities. Such actions of Landlord shall not constitute constructive eviction or give rise to the extent practicable in light any rent abatement or liability of the then-current situationLandlord to Tenant.

Common Areas. Landlord shall at all times have exclusive control and management of the Common Areas and Facilities of Bellevue Place. Tenant shall have non-exclusive access the nonexclusive right in common with others to (and use of) the common public areas of the Bank of America Building and the Office Complex. The common areas generally include space that is not included in portions Common Areas and Facilities of the building set aside for leasing Bellevue Place, subject to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms such nondiscriminatory rules and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex regulations as Landlord may designate adopt from time to time (“Common Areas”)governing the use thereof including, provided that Landlord shall have but not limited to, the right to eliminateclose the same from time to time to such an extent as may be legally sufficient, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; providedLandlord’s opinion, however, that in no event may Landlord take any such action that would permanently reduce to prevent a dedication thereof or the available parking in the vicinity accrual of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate any person or to the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingpublic therein. Tenant shall not unreasonably interfere comply with the rights rules and regulations that Landlord and the owner or ground lessee of others Bellevue Place may from time to time promulgate and/or modify regarding use the Common Areas. All use and operation of the Common Areas shall be subject to of the Bank of America Building and Common Areas and Facilities of Bellevue Place. The rules and regulations described shall be binding upon Tenant upon delivery of a copy thereof to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of such rules and regulations by any other tenants or occupants of space in Section 12(b) hereofeither Bellevue Place or the Bank of America Building. Any temporary reduction The term “Common Areas and Facilities of Bellevue Place” refers to all on and off-site areas and/or related facilities which are made available or are used from time to time for the general use, convenience and benefit of Landlord and other persons entitled to occupy space in Bellevue Place, including their employees, invitees, licensees and guests, which areas shall include, but not be limited to, all parking structures and parking areas (including off-site parking), driveways, sidewalks, landscaped or planted areas, pedestrian areas, lobbies, walkways, the Wintergarden Retail Center and Parking Garage. The term “Common Areas and Facilities of Bellevue Place” also refers to all on-site and off-site areas and/or related facilities which may not be accessible to Tenant and other persons entitled to occupy space in Bellevue Place, but which are used in conjunction with the operation, management, repair or maintenance of Bellevue Place, including, but not limited to janitorial closets, on and/or off-site management offices and maintenance areas. The term “Common Areas and Facilities of the available parking in the vicinity Bank of the Building or any temporary impairment of the ingress and egress America Building” refers to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to and Facilities of Bellevue Place located within the extent practicable in light Bank of the then-current situationAmerica Building.

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped area in and around said Building, by the Tenant or Tenant's employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of (“Common Areas”)a) all unrestricted automobile parking areas, provided that driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate in its discretion; providedmay deem appropriate. Landlord also reserves all airspace rights above, howeverbelow and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas. D. Landlord and Tenant agree that in no event may Landlord take will not be responsible for any such action that would permanently reduce loss, theft or damage to vehicles, or the available parking contents thereof, parked or left in the vicinity parking areas of the Building and Tenant agrees to so advise its employees, visitors or permanently impair Tenant’s ingress and egress to and from the Buildinginvitees who may use such parking areas. Landlord has the exclusive right to (i) designate the Common AreasThe parking areas shall include those areas designated by Landlord, (ii) change the designation of any Common Area and otherwise modify the Common Areasin its sole discretion, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available as either restricted or unrestricted parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingareas. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant shall further agrees not unreasonably interfere with the rights of others to use or permit its employees, visitors or invitees to use the Common Areas. All use parking areas for overnight storage of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationvehicles.

Common Areas. Tenant Lessor shall have non-exclusive access provide a paved parking area for use in common by Lessee and other tenants of the Industrial Facility. Lessor shall maintain such parking area and all of the other common areas and facilities used for operation and maintenance of the Industrial Facility in good condition and repair, including, but not limited to, the parking area, parking area lighting standards, landscaped areas, canopies, and Industrial Facility signs; and Lessee agrees to pay upon demand, but not more often than once each calendar month during the term as additional rental (which additional rental may be estimated by Lessor, subject to adjustment in future xxxxxxxx to Lessee), Lessee's proportionate share (Lessee's proportionate share of it's leased gross floor area to the total gross leased floor area of the industrial facility) of the reasonable expenses and use ofcosts of managing, operating, lighting, landscaping maintenance, cleaning, removing snow, policing, insuring, repairing, supplying, replacing and properly maintaining such common areas and facilities as here defined the drives, asphaltic parking and trucking areas (Lessee shall be responsible only for repairing, sealing and maintaining i.e. crack filling, pot hole patching of asphaltic drives, parking and trucking areas due to normal wear and tear. The replacement of the total asphaltic drives, parking and trucking area are excluded as it is a capital improvement) the common sidewalks, landscaped and grass areas of the Building and Industrial Facility. Costs shall be limited to actual net payments made to third party service companies. Within 90 days after the Office Complex. The close of each calendar year a reconciliation of all common areas generally include space that area charges shall be performed to determine whether cash refunds are due the lessee or an additional payment is not included in portions due the lessor as a result of the building set aside actual reasonable expenses and cost incurred of that just concluded calendar year and to adjust, if necessary, the monthly charge for leasing the coming year of the lease. Lessor expressly reserves the right to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate promulgate from time to time (“Common Areas”), provided that Landlord shall have the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the reasonable rules and regulations described in Section 12(b) hereof. Any temporary reduction relating to the use of all common areas and facilities or any part thereof for the available parking welfare of all tenants in the vicinity Industrial Facility and their employees, agents and invitees. Said rules and regulations shall be binding upon Lessee upon delivery of the Building a copy thereof to Lessee. Said rules and regulations may be amended from time to time by Lessor with or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlordwithout advance notice, and (y) all such amendments shall be accomplished effective upon delivery of a copy thereof to Lessee. For the enforcement of said rules and regulations, Lessor shall have available to it all remedies provided in such this Lease in the event of a manner to allow minimal interference with Tenant’s access to, breach thereof and parking on, the Common Areas to the extent practicable all legal remedies whether or not provided for in light of the then-current situationthis Lease by law or in equity.

Common Areas. Tenant (a) Tenant, its agents, servants, employees, customers and invitees, shall have the non-exclusive access right to (and use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use, including in common with others, the automobile parking areas, driveways, building and pedestrian walkways, and for all other areas, space, facilities. equipment and signs, landscapingto the extent made available by Landlord for the common and joint non-exclusive use and benefit of landlord, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms Tenant and other similar public areas tenants and access ways including such automobile parking lot facilities in the Building and/or occupants of the Office Complex as Landlord may designate and their respective employees, agents, subtenants, customers and other invitees (hereinafter collective called "common areas") from time to time made available by Landlord in the complex of which the Premises are a part subject to such rules and regulations as Landlord may prescribe. All employees of Tenant shall park only in spaces designated by Landlord for employee parking, if Landlord so requires; and Tenant shall furnish to Landlord, promptly upon request, license numbers, makes and colors of vehicles used by Tenant's employees. If any employee of Tenant parks a vehicle in any area other than that designated for employee parking, Tenant shall pay Landlord $10.00 per day (“Common Areas”)or part) for each vehicle so parked if Landlord shall have given written notice or oral notice of such parking violation to a responsible official of Tenant on the premises, provided that and such violation is not immediately corrected. Landlord reserves the right to limit the number of parking spaces and the location of said spaces, in Landlord's sole discretion. (b) Landlord shall have the right exclusive management and control over the common areas; shall keep the parking areas and driveways substantially free of ice, snow and debris; shall keep the common areas in reasonable repair and shall care for all landscaping; and may change the arrangement and location of parking areas and driveways as it sees fit. (c) Landlord (subject to eliminatereimbursement as hereinafter set forth in this section) will, substitute at its expense, operate and maintain, or cause to be operated and maintained, the common areas (hereinabove defined) and the Office in a manner deemed reasonable and appropriate by Landlord. For purposes of this Lease, "common area costs" shall be those costs of operating and maintaining or of causing the operation and maintenance of the common areas and the Office of which the Premises form a part in a manner deemed by Landlord to be reasonable and appropriate, including, but not limited to, all costs and expenses, whether expended or incurred, of repairing, lighting, cleaning, landscaping, painting and maintaining (including, but not limited to, preventive maintenance); removing snow, ice, rubbish and debris, including dumpster rental and/or rearrange pick-up charges, inspecting, policing, providing security and regulating traffic; rental and depreciation of machinery and equipment and other non- real estate assets used in the operation and maintenance of the property; repairing and/or replacing of paving. curbs, walkways, landscaping, drainage, on-site water lines, sanitary sewer lines, storm water lines, electrical lines and other equipment serving the Office from which the Premises or any part thereof is constructed or is to be constructed; electricity, steam, water and/or other fuel used in the common areas; heating, ventilating and air conditioning in enclosed common areas, if any; cleaning and janitorial supplies including equipment, uniforms, supplies and sundries used in connection therewith, if such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; services are provided, howeversales or use taxes on supplies or services; any parking surcharges that may result from any environmental or other laws, that rules, regulations, guidelines or orders; the gross compensation (including fringe benefit expenses and related payroll taxes) of all personnel required to supervise and accomplish the foregoing, together with in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity administrative charge equal to 15% of the Building total of all common area costs specifically referred to above. In the event of any dispute as to whether an item represents an expense or permanently impair a capital item, Landlord's accounting practices shall be determinative and binding on the parties. (d) Tenant shall pay as additional rent, Tenant’s ingress 's proportionate share of the common area costs incurred by Landlord. For purposes Of calculating Tenant's "proportionate share", the common area costs incurred by Landlord will be multiplied by a fraction, the numerator of which shall be the square footage occupied by Tenant for the common area cost year in question and egress the denominator of which shall be the total leaseable square footage of the Office, occupied or ready for occupancy. Any payment due hereunder shall be deemed to be additional rent payable by Tenant pursuant to this section within fifteen (15) days of Landlord's billing. Additional rent payable by Tenant pursuant to this section shall be pro-rated for any fractional part of the year during the last year of the Lease. Unless Tenant shall have given Landlord written notice of exception to any billing by Landlord within thirty (30) days after delivery thereof, the same shall be deemed conclusive and from the Buildingbinding on Tenant. Landlord has shall supply Tenant with a statement showing the exclusive right to amount and computation of such additional rent upon written request therefore by Tenant delivered within fifteen (i15) designate the Common Areas, (ii) change the designation days of any Common Area and otherwise modify the Common Areas, and (iii) permit special use receipt of the Common Areas, including temporary exclusive use Landlord's billing provided for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationthis subsection.

Common Areas. 1.2.1 Tenant shall have non-exclusive access to (and use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time (“Common Areas”), provided that Landlord shall have the right to eliminatethe nonexclusive use of all areas and facilities outside the Premises that are provided and designated by Landlord from time to time for the general non-exclusive use of tenants at the Project, substitute and/or rearrange such areas and which may theretofore have been so designated as Landlord deems appropriate in its discretion; providedare located outside the Building and outside other buildings designed for occupancy by tenants (and constructed from time to time by Landlord), however, that in no event may Landlord take any such action that would permanently reduce but within the available parking in the vicinity exterior boundary lines of the Building Project, including, without limitation, parking areas, loading and unloading areas, roadways, walkways and landscaped area (herein called "Project Common Area" or permanently impair Tenant’s ingress and egress to and from the Building"Common Areas"). Landlord has shall at all times have the exclusive right to (i) designate use such Common Areas. 1.2.2 Landlord shall maintain the Common AreasAreas in a manner comparable to the manner other properties similar in size, (ii) change the designation of any Common Area character and otherwise modify location are maintained and operated by institutional owners. The manner in which the Common Areas, Areas are operated and (iii) permit special the expenditures therefor shall be at the sole discretion of Landlord. The use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the rules Rules and regulations described Regulations (as defined in Article 20) and the provisions of any covenants, conditions and restrictions affecting the Project, as Landlord shall make from time to time, as further provided in Section 12(b1.2.4 and Article 20. Notwithstanding anything to the contrary in the Lease, Landlord shall not enact or modify any covenants, conditions or restrictions ("CC&Rs") hereof. Any temporary reduction or Rules and Regulations if such enactment or modification would unreasonably interfere with Tenant's use of the available parking in the vicinity Premises. Landlord shall use its reasonable efforts to enforce such Rules and Regulations as against other tenants or occupants if nonenforcement would adversely and materially affect Tenant's use of the premises or Tenant's parking rights under the Lease. 1.2.3 Exhibit A and Exhibit B show the approximate location of the Premises, Common Areas and Project and are not meant to constitute an agreement as to the specific location of the Premises, Common Areas or the elements thereby or of the means of access to the Premises, Building or the Project. Landlord hereby reserves the right, at any temporary impairment of the ingress and egress to time and from time to time, as long as reasonable access to the Premises and Building shall remains available, to (xa) occur only during cases of emergency use the Common Areas while engaged in making alterations in or as reasonably necessary in connection with any repairs, alterations additions or construction by Landlordrepairs to the Project, and (yb) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, close temporarily any of the Common Areas for maintenance purposes. Tenant agrees that no diminution of light, air, or view by any structure that may be erected in, about or outside the Project after the date hereof shall entitle Tenant to any reduction of Base Annual Rent or any other Rent (as defined below) or result in any liability of Landlord to Tenant. 1.2.4 Landlord reserves the right, from time to time, to grant such easements, rights and dedications as Landlord deems necessary or desirable, and to cause the recordation of parcel maps and covenants, conditions and restrictions in addition to the extent practicable in light covenants, conditions and restrictions existing as of the thenLease Date affecting the Project. Unless required by governmental authorities, Landlord shall not exercise its rights under this Section 1.2.4 if such easements, rights, conditions, maps and covenants, conditions and restrictions unreasonably interfere with Tenant's use of the Premises. At Landlord's request, Tenant shall promptly join in the execution of any of the aforementioned documents, subject to the provisions of Section 1.2.2, and Tenant shall be given a reasonable opportunity to review such documents before executing them. The Building and the Project may be known by any name that Landlord may choose, which name may be changed from time to time in Landlord's sole discretion. 1.2.5 The rights of Tenant hereunder in and to the Common Areas shall at all times be subject to the rights of Landlord specified under this Lease. Tenant shall not use the Common Areas for its day-current situation.to-day business other than using appropriately designated areas of the Common Areas for ingress and egress, parking, or loading and unloading. Without limiting the generality of the foregoing, storage, either permanent or temporary, of any materials, supplies, equipment or refuse in the Common Areas is strictly prohibited. Should Tenant violate this provision of the Lease, in addition to and without waiver or limitation of any other rights of Landlord under this Lease, Landlord may, at its

Common Areas. Subject to the terms and conditions of this Lease and the Project Rules, Tenant shall have non-exclusive access the nonexclusive right to use the Common Areas (and use ofas defined below) during the Term, in common areas with other tenants or occupants of the Building Project or any real property owned by Landlord adjacent to the Land, the agents, employees, servants, invitees, contractors, guests, customers and the Office Complexrepresentatives of such tenants or occupants, and any other users authorized by Landlord. The common areas generally include space that is not included in As used herein, “Common Areas” means those portions of the building set aside Building, Land, and all facilities and improvements thereon designated by Landlord for leasing to tenants or reserved for Landlord’s exclusive usethe nonexclusive use of occupants of the Project and other authorized users, including parking areasaccess roads, the Parking Area, driveways, building signs, landscaping, paving, sidewalks, hallwayslandscaped areas, stairways, elevators, common entrances, lobbies, restrooms halls, passages, exits, entrances, stairways, atriums, corridors, toilets and lavatories, passenger elevators, service areas and other similar public areas facilities so designated by Landlord. Landlord reserves the right to charge Tenant for its use of certain portions of the Common Areas, including, without limitation, any conference room facilities. Such use shall be subject to the terms and access ways including conditions of this Lease and such automobile parking lot facilities in the Building and/or the Office Complex as reasonable rules and regulations that Landlord may designate adopt from time to time (“Common Areas”), provided that Landlord shall have time. The current charge for use of the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretionBuilding’s conference room facilities is set forth on Exhibit I hereto; provided, however, that Landlord reserves the right to adjust such charge from time to time in no event may accordance with prevailing market rates for such usage. Landlord take shall at all times have exclusive control of the Common Areas. Landlord shall have the right, without the same constituting an actual or constructive eviction and without entitling Tenant to any such action that would permanently reduce abatement of rent, to: (i) close or restrict access to and/or use of any part of the available parking Common Areas to whatever extent required in the vicinity opinion of Landlord’s counsel to prevent a dedication thereof or the accrual of any prescriptive rights therein; (ii) close or restrict access to and/or use of any part of the Common Areas to perform maintenance or for any other reason deemed sufficient by Landlord, including, without limitation, allowing the use thereof for invitation only public or private functions or gatherings; (iii) change the shape, size, location and extent of the Common Areas; (iv) eliminate from or add to the Project any land or improvement, including multi-deck parking structures; (v) make changes to 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; (vi) remove unauthorized persons from the Project; and/or (vii) change the name or address of the Building or permanently impair Project. Tenant shall keep the Common Areas clear of all obstructions created or permitted by Tenant, Tenant’s ingress Representatives, and egress to and from Tenant’s Visitors. If in the opinion of Landlord unauthorized persons are using any of the Common Areas by reason of the presence of Tenant in the Building, Tenant, upon demand of Landlord, shall restrain such unauthorized use by appropriate proceedings. Landlord has the exclusive right to (i) designate In exercising any such rights regarding the Common Areas, (i) Landlord shall make a reasonable effort to minimize any disruption to Tenant’s business, and (ii) change Landlord shall not exercise its rights to control the designation Common Areas in a manner that would materially interfere with Tenant’s use of any Common Area and otherwise modify the Premises without first obtaining Tenant’s consent. Landlord agrees to perform certain improvements to the Common Areas, and (iii) permit special use of the Common Areasas more particularly described in Exhibit G attached hereto. Such improvements shall be completed on or before December 31, including temporary exclusive use for special occasions2005; provided, however, that the parties acknowledge that the signage described in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be Exhibit G is subject to the rules approval of appropriate governmental authorities and regulations described Landlord shall not be in Section 12(b) hereof. Any temporary reduction default of the available parking in the vicinity of the Building this Lease if any such signage is not completed on or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairsbefore December 31, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situation2005.

Common Areas. Landlord shall at all times have exclusive control and management of the Common Areas and Facilities of Bellevue Place. Tenant shall have non-exclusive access the nonexclusive right in common with others to (and use of) the common public areas of the Bank of America Building and the Office Complex. The common areas generally include space that is not included in portions Common Areas and Facilities of the building set aside for leasing Bellevue Place, subject to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms such nondiscriminatory rules and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex regulations as Landlord may designate adopt from time to time (“Common Areas”)governing the use thereof including, provided that Landlord shall have but not limited to, the light to close the same from time to time to such an extent as may be legally sufficient, in Landlord's opinion, to prevent a dedication thereof or the accrual of right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce person or to the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingpublic therein. Tenant shall not unreasonably interfere comply with the rights rules and regulations that Landlord and the owner or ground lessee of others Bellevue Place may from time to time promulgate and/or modify regarding use the Common Areas. All use and operation of the Common Areas shall be subject to of the Bank of America Building and Common Areas and Facilities of Bellevue Place. The rules and regulations described shall be binding upon Tenant upon delivery of a copy thereof to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of such rules and regulations by any other tenants or occupants of space in Section 12(b) hereofeither Bellevue Place or the Bank of America Building. Any temporary reduction The term “Common Areas and Facilities of Bellevue Place” refers to all on and off-site areas and/or related facilities which are made available or are used from time to time for the general use, convenience and benefit of Landlord and other persons entitled to occupy space in Bellevue Place, including their employees, invitees, licensees and guests, which areas shall include, but not be limited to, all parking structures and parking areas (including off-site parking), driveways, sidewalks, landscaped or planted areas, pedestrian areas, lobbies, walkways, the Wintergarden Retail Center and Parking Garage. The term “Common Areas and Facilities of Bellevue Place” also refers to all on-site and off-site areas and/or related facilities which may not be accessible to Tenant and other persons entitled to occupy space in Bellevue Place, but which are used in conjunction with the operation, management, repair or maintenance of Bellevue Place, including, but not limited to janitorial closets, on and/or off-site management offices and maintenance areas. The term “Common Areas and Facilities of the available parking in the vicinity Bank of the Building or any temporary impairment of the ingress and egress America Building” refers to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to and Facilities of Bellevue Place located within the extent practicable in light Bank of the then-current situationAmerica Building.

Common Areas. Tenant shall have non-exclusive access 1. Lessor hereby grants to Lessee, during the term of this Lease, the nonexclusive right to use, in common with all others so entitled, the Common Areas (as hereinafter defined) for pedestrian and use of) the common areas of the Building and the Office Complexvehicular traffic. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time (“Common Areas”), provided that Landlord shall have the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the exclusive control and management of Lessor and to such rules and regulations described in Section 12(b) hereof. Any temporary reduction as Lessor may, from time to time, adopt and Lessor 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 available parking in the vicinity areas and other Common Areas; to close any or all portions of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to such extent and for such time as may, in the extent practicable in light sole discretion of Lessor'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 then-current situationCommon 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 unreasonable obstruction of Lessee's right of ingress to or egress from the Demised Premises. 2. Lessor shall operate, maintain and repair the Common Areas and improvements within the Shopping Center in such manner as Lessor shall in its sole discretion determine. For these services Lessee shall pay as additional rent its proportionate share of the Common Area Maintenance Costs (as hereinafter defined) from and after the Commencement Date and continuing during the Term of this Lease, including any period during which Lessee shall transact business in the Demised Premises prior to the Commencement Date of the term of this Lease. For the purposes of this Article, the term "COMMON AREA MAINTENANCE COSTS" shall mean all costs, expenses and other charges incurred in connection with the ownership, management, operation, insurance, maintenance and repair of the Common Areas and improvements within the Shopping Center, and shall include, but not be limited to, the costs and expenses of [the following subsections (a) through (j) are for definition only and are not to be construed so as to impose any obligations or limitations on Lessor]:

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped area in and around said Building, by the Tenant or Tenant's employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex reasonable rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned, B. In addition to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of (“Common Areas”)a) all unrestricted automobile parking areas, provided that driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate may deem appropriate. Subject to Tenant's rights in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity respect of the Building or permanently impair Tenant’s ingress Tenant Improvements, Landlord also reserves all airspace rights above, below and egress to and from all sides of the Building. Landlord has Premises, including the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairsmake changes, alterations or construction by Landlordprovide additional leasing areas, and (y) be accomplished in such a manner to allow minimal interference provided the same do not interfere with Tenant’s access to, and parking on, 's operations on or from the Common Areas to the extent practicable in light of the then-current situationPremises.

Common Areas. Tenant (a) Tenant, its agents, servants, employees, customers and invitees, shall have the non-exclusive access right to (and use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use, including in common with others, the automobile parking areas, driveways, building and pedestrian walkways, and for all other areas, space, facilities, equipment and signs, landscapingto the extent made available by Landlord for the common and joint non-exclusive use and benefit of landlord, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms Tenant and other similar public areas tenants and access ways including such automobile parking lot facilities in the Building and/or occupants of the Office Complex as Landlord may designate and their respective employees, agents, subtenants, customers and other invitees (hereinafter collective called "common areas") from time to time made available by Landlord in the complex of which the Premises are a part, subject to such rules and regulations as Landlord may prescribe. All employees of Tenant shall park only in spaces designated by Landlord for employee parking, if Landlord so requires; and Tenant shall furnish to Landlord, promptly upon request, license numbers, makes and colors of vehicles used by Tenant's employees. If any employee of Tenant parks a vehicle in any area other than that designated for employee parking, Tenant shall pay Landlord $10.00 per day (“Common Areas”)or part) for each vehicle so parked if Landlord shall have given written notice or oral notice of such parking violation to a responsible official of Tenant on the premises, provided that and such violation is not immediately corrected. Landlord reserves the right to limit the number of parking spaces and the location of said spaces, in Landlord's sole discretion. (b) Landlord shall have the right exclusive management and control over the common areas; shall keep the parking areas and driveways substantially free of ice, snow and debris; shall keep the common areas in reasonable repair and shall care for all landscaping; and may change the arrangement and location of parking areas and driveways as it sees fit. (c) Landlord (subject to eliminatereimbursement as hereinafter set forth in this section) will, substitute at its expense, operate and maintain, or cause to be operated and maintained, the common areas (hereinabove defined) and the Office in a manner deemed reasonable and appropriate by Landlord. For purposes of this Lease, "common area costs" shall be those costs of operating and maintaining or of causing the operation and maintenance of the common areas and the Office of which the Premises form a part in a manner deemed by Landlord to be reasonable and appropriate, including, but not limited to, all costs and expenses, whether expended or incurred, of repairing, lighting, cleaning, landscaping, painting and maintaining (including, but not limited to, preventive maintenance); removing snow, ice, rubbish and debris, including dumpster rental and/or rearrange pick-up charges, inspecting, policing, providing security and regulating traffic; rental and depreciation of machinery and equipment and other non-real estate assets used in the operation and maintenance of the property; repairing and/or replacing of paving, curbs, walkways, landscaping, drainage, on-site water lines, sanitary sewer lines, storm water lines, electrical lines and other equipment serving the Office from which the Premises or any part thereof is constructed or is to be constructed; electricity, steam, water and/or other fuel used in the common areas; heating, ventilating and air conditioning in enclosed common areas, if any; cleaning and janitorial supplies including equipment, uniforms, supplies and sundries used in connection therewith, if such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; services are provided, howeversales or use taxes on supplies or services; any parking surcharges that may result from any environmental or other laws, that in no event may Landlord take any such action that would permanently reduce rules, regulations, guidelines or orders; the available parking in gross compensation (including fringe benefit expenses and related payroll taxes) of all personnel required to supervise and accomplish the vicinity foregoing, together with an administrative charge equal to 15% of the Building total of all common area costs specifically referred to above. In the event of any dispute as to whether an item represents an expense or permanently impair a capital item, Landlord's accounting practices shall be determinative and binding on the parties. (d) Tenant shall pay as additional rent, Tenant’s ingress 's proportionate share of the common area costs incurred by Landlord. For purposes of calculating Tenant's "proportionate share", the common area costs incurred by Landlord will be multiplied by a fraction, the numerator of which shall be the square footage occupied by Tenant for the common area cost year in question and egress the denominator of which shall be the total leaseable square footage of the Office, occupied or ready for occupancy. Any payment due hereunder shall be deemed to be additional rent payable by Tenant pursuant to this section within fifteen (15) days of Landlord's billing. Additional rent payable by Tenant pursuant to this section shall be pro-rated for any fractional part of the year during the last year of the Lease. Unless Tenant shall have given Landlord written notice of exception to any billing by Landlord within thirty (30) days after delivery thereof, the same shall be deemed conclusive and from the Buildingbinding on Tenant. Landlord has shall supply Tenant with a statement showing the exclusive right to amount and computation of such additional rent upon written request therefore by Tenant delivered within fifteen (i15) designate the Common Areas, (ii) change the designation days of any Common Area and otherwise modify the Common Areas, and (iii) permit special use receipt of the Common Areas, including temporary exclusive use Landlord's billing provided for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationthis subsection.

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped area in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex reasonable rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned. B. In addition to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of (“Common Areas”)a) all unrestricted automobile parking areas, provided that driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate may deem appropriate. Subject to Tenant’s rights in its discretion; providedrespect of the Tenant Improvements, howeverLandlord also reserves all airspace rights above, below and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas, provided the same do not interfere with Tenant’s operations on or from the Premises. D. Landlord and Tenant agree that in no event may Landlord take will not be responsible for any such action that would permanently reduce loss, theft or damage to vehicles, or the available parking contents thereof, parked or left in the vicinity parking areas of the Building and Tenant agrees to so advise its employees, visitors or permanently impair Tenant’s ingress and egress to and from the Buildinginvitees who may use such parking areas. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available The parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant areas shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction include those areas designated by Landlord, in its sole discretion, as either restricted or unrestricted parking areas. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Landlord agrees to provide Tenant, subject to availability, unassigned parking spaces pursuant to license agreements in the form of Exhibit C. The parking spaces being made available to Tenant pursuant to this Paragraph shall be made available at the commencement of the Term and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access tocontinuing thereafter during the balance of the Term and Renewal Terms, and parking on, the Common Areas but only to the extent practicable in light Tenant continues the initial number of the then-current situationparking spaces continuously. If Tenant should cease one or more such parking spaces, then Landlord shall not and does not guaranty that Tenant shall be entitled to subsequently have such parking spaces available to it.

Common Areas. Tenant “Common Areas” shall have non-exclusive access refer to (i) all driveways, walkways, hallways, landscaped areas, and use of) the other common areas of the Building Property and (ii) any swimming pool, clubhouse, computer room and other recreational facilities on the Office ComplexProperty ("Recreational Facilities"). The During the Term, Landlord hereby grants Tenant a non-exclusive license to use the Common Areas, such usage to be in common areas generally include space that is not included in portions with the usage by Landlord, Tenant, and other tenants on Landlord’s property and their respective guests and invitees. Landlord may impose such restrictions on the use of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms Common Areas by Tenant and other similar public areas Xxxxxx's guests and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time (“Common Areas”), provided that Landlord shall have the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated invitees as Landlord deems appropriate in its sole discretion; provided. Landlord shall be entitled to control entry to or upon the Common Areas by Tenant, howeverXxxxxx's guests or invitees, that in no event furniture movers, deliverymen, solicitors, salesmen, or other third parties, and may Landlord take any such action that would permanently reduce revoke or limit the available parking in the vicinity license herein granted to Tenant to use some or all of the Building or permanently impair Tenant’s ingress and egress to and from the BuildingRecreational Facilities upon due cause as determined by Landlord in its sole discretion. Landlord has shall have the exclusive unrestricted #2771913 v.2 right to (i) designate the Common Areasincrease, (ii) reduce, eliminate, relocate or change the designation of any Common Area and otherwise modify the Common Areassite, and (iii) permit special use of the Common Areasdimensions, including temporary exclusive use for special occasions; provideddesign, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use location of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress other improvement from time to and from the Building time in any manner whatsoever as Landlord shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, deem appropriate. Tenant may use the Common Areas in a prudent, non-offensive, and non-dangerous manner and in compliance with the Rules and Regulations imposed by Landlord from time to time. Xxxxxx agrees that Xxxxxx (or, at Landlord’s discretion, Guarantor) will be responsible for any damages to any Common Areas caused by Tenant or Tenant’s guests or invitees. Tenant and Xxxxxx’s guest or invitees shall use the extent practicable in light of the then-current situationRecreational Facilities and Common Areas at their own risk.

Common Areas. Tenant 16.1 Landlord shall have non-exclusive access make available from time to (and use of) the common areas of time to service the Building such Common Areas as and to the Office Complexextent Landlord shall alone from time to time deem appropriate. The common areas generally include space that is Common Areas shall be defined as including but not included in portions of the building set aside for leasing limited to tenants or reserved for Landlord’s exclusive use, including any parking areas, driveways, building signsservice courts, landscaping, pavingaccess and egress roads, sidewalks, hallwaysopened and enclosed courts and malls, stairwayslandscaped and planted areas, elevatorsfire corridors, common entrances, lobbies, restrooms and other similar public meeting areas and access ways including public restrooms. Landlord shall operate, manage, equip, light, repair and maintain said Common Areas for their intended purposes in such automobile parking lot facilities in the Building and/or the Office Complex manner as Landlord may designate 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 Common Areas”)Areas and may make installations and/or construct or erect buildings, provided that Landlord structures, booths therein or thereon and move or remove the same and shall have the right to eliminateretain revenue from income-producing events whether or not conducted for promotional purposes. 16.2 Tenant, substitute and/or rearrange its officers, 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 said Common Areas as designated by Landlord, subject to such areas which may theretofore have been so designated rules and regulations as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingimpose. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of may at any time close any Common Area and otherwise modify to make repairs or changes or to prevent the Common Areas, and (iii) permit special use acquisition of public rights in such area or to discourage noncustomer parking. Tenant agrees to cause its employees to park in such areas as may be designated by Landlord for "Employee Parking". 16.3 Tenant shall pay to Landlord a "CAM Charge" as its proportionate share of the cost and expense to Landlord of operating, maintaining and repairing said Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce Areas (hereinafter referred to as "Common Area Maintenance Costs"). The initial monthly payment shall be adjusted effective on the available parking in the vicinity first day of the Building or permanently impair Tenant’s ingress first month of the second lease year and egress to and from on the Building. Tenant shall not unreasonably interfere first day of the first month of each lease year thereafter in accordance with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationCPI Increase Formula.

Common Areas. Tenant shall have non-exclusive access to (and use of) DEFINITION Section 14.01 See Addendum All areas within the common areas exterior boundaries of the Building and Center which are not now or hereafter held for exclusive use by Landlord or by other persons entitled to occupy floor space in the Office Complex. The common areas generally include space that is not included in portions Center, including, without limiting the generality of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useforegoing, including parking areasareas and structures, driveways, building signstruckways, landscapingdelivery passages, pavingelevators and escalators, loading docks, sidewalks, hallwaysramps, open and enclosed courts and malls, landscaped and planted areas, exterior stairways, elevatorsbus stops, common entrancesretaining walls, lobbiesmanagement offices, restrooms not located within the premises of any tenant, and other similar public areas and access ways including such automobile parking lot facilities in improvements provided by Landlord for the Building and/or the Office Complex as common use of Landlord and tenants and their respective employees and invitees, shall be deemed "common areas." Landlord may designate make changes at any time and from time to time (“Common Areas”), provided that Landlord shall have the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity size, shape, location, number and extent of the Building common areas (including Enclosed Mall areas) or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation tenant areas or either of any Common Area and otherwise modify the Common Areasthem, and (iii) permit special use no such change shall entitle Tenant to any abatement of rent. Without limiting the generality of the Common Areasforegoing, including temporary exclusive use for special occasions; providedLandlord may add additional department stores, however, that in no event may Landlord take any such action that would permanently reduce the available retail store buildings and parking decks anywhere in the vicinity of the Building or permanently impair Tenant’s ingress Center. LANDLORD'S TENANT'S INITIALS INITIALS ---------- -------- J.E.S. DD H.T.S. 14.02 See Addendum Tenant and egress to its employees and from the Building. Tenant invitees shall not unreasonably interfere with the rights of others be entitled to use the Common Areas. All common areas during the lease term, in common with Landlord and with other persons authorized by Landlord from time to time to use of the Common Areas shall be such areas, subject to the such reasonable rules and regulations described relating to such use as Landlord may from time to time establish. Section 14.03 See Addendum LANDLORD (a) Landlord shall operate, manage, equip, police, light, repair, clean and maintain the common areas in Section 12(b) hereofsuch manner as Landlord may in its sole discretion determine to be appropriate. Any temporary reduction Landlord may temporarily close any common area for repairs or alterations, to prevent a dedication thereof or the accrual of the available parking in the vicinity of the Building prescriptive rights therein or for any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction other reason deemed sufficient by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situation.

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped area in and around said Building, by Tenant or Tenant's employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex non-discriminatory rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition to the Premises, Tenant shall have the right of non- exclusive use, in common with others, of (“Common Areas”)a) all unrestricted automobile parking areas, provided that driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate in may deem appropriate. ----------- Landlord also reserves all airspace rights above, below and to all sides of the Premises and the Building, including the right to make changes, alterations or provide additional leasing areas. Notwithstanding the foregoing, Landlord agrees that the exercise of its discretion; providedrights hereunder will have no material adverse effects on Tenant's use of or access to the Premises. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, howevertheft or damage to vehicles, that in no event may Landlord take any such action that would permanently reduce or the available parking contents thereof, parked or left in the vicinity parking areas of the Building and Tenant agrees to so advise its employees, visitors or permanently impair Tenant’s ingress and egress to and from the Buildinginvitees who may use such parking areas. Landlord has the exclusive right to (i) designate the Common AreasThe parking areas shall include those areas designated by Landlord, (ii) change the designation of any Common Area and otherwise modify the Common Areasin its sole discretion, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available as either restricted or unrestricted parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingareas. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant shall further agrees not unreasonably interfere with the rights of others to use or permit its employees, visitors or invitees to use the Common Areas. All use parking areas for overnight storage of vehicles. E. Landlord certifies that, as of the date of this Lease, it has received no notice from any party, including, without limitation, any governmental entity or agency with jurisdiction, that the Common Areas shall be subject to the rules and regulations described are in Section 12(b) hereof. Any temporary reduction violation of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationADA.

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped areas in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of (“Common Areas”)a) all unrestricted automobile parking areas, provided that driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate in its discretion; providedmay deem appropriate. Landlord also reserves all airspace rights above, howeverbelow and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas. D. Landlord and Tenant agree that in no event may Landlord take will not be responsible for any such action that would permanently reduce loss, theft or damage to vehicles, or the available parking contents thereof, parked or left in the vicinity parking areas of the Building and Tenant agrees to so advise its employees, visitors or permanently impair Tenant’s ingress and egress to and from the Buildinginvitees who may use such parking areas. Landlord has the exclusive right to (i) designate the Common AreasThe parking areas shall include those areas designated by Landlord, (ii) change the designation of any Common Area and otherwise modify the Common Areasin its sole discretion, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available as either restricted or unrestricted parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingareas. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant shall further agrees not unreasonably interfere with the rights of others to use or permit its employees, visitors or invitees to use the Common Areas. All use parking areas for overnight storage of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationvehicles.

Common Areas. Tenant shall have non-exclusive access 11.1 Landlord agrees to (and use of) maintain or cause to be maintained during the common areas term of this Lease, all Common Areas within the Building and the Office ComplexShopping Center. The common areas generally include space that is not included term "Common Areas" as used in this Lease shall include, walkways, delivery areas, landscaped areas, public restrooms, if any, and other areas, facilities and improvements within portions of the building set aside for leasing Shopping Center not demised to tenants or reserved and provided for Landlord’s exclusive usethe convenience and use of tenants of the Shopping Center, including parking areastheir employees, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms customers and other similar public areas invitees. Tenant agrees to comply with and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as observe all reasonable rules and regulations established by Landlord may designate from time to time (“for Landlord's Parcel and/or by Landlord and other owners of the Shopping Center, for the Shopping Center. 11.2 The manner and method of operation, maintenance, service and repair of the Common Areas”)Areas and the expenditures therefor, shall be in the sole and absolute discretion of Landlord. Landlord reserves the right from time to time to make changes in, additions to and deletions from the Common Areas and the purposes to which they are devoted, provided that Landlord shall have the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event Tenant's share of operating and maintenance costs shall exclude the initial cost of capital improvements that significantly alter the Common Areas. 11.3 Tenant agrees to comply with such reasonable rules, regulations and charges as Landlord may Landlord take any such action that would permanently reduce adopt from time to time for the available parking in the vicinity orderly and proper operation of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, including, without limitation, the removal, storage and disposal of refuse and rubbish. Tenant understands and agrees that no outdoor selling of merchandise is permitted in the Common Areas except in connection with occasional center-wide promotions sponsored by Landlord. 11.4 During the term of this Lease, Tenant shall pay to Landlord, as Additional Rent, at the time and in the manner specified in Paragraph 11.5 below, Tenant's prorate share of the following costs (collectively "operating and maintenance costs"): (i) all costs and expenses of every kind and nature paid or incurred by Landlord in operating, policing, protecting, lighting, providing sanitation and sewer and other services to, insuring, repairing, replacing and maintaining the Common Areas of the Shopping Center and (ii) change all costs of repairing and insuring all buildings within Landlord's Parcel including, without limitation, costs of painting and cleaning the designation exterior walls and of replacing the roofs of such buildings. Operating and maintenance costs shall include, but shall not be limited to, the following: water, electricity and guard services; salaries and wages (including employment taxes and so-called "fringe benefits") or maintenance contracts of all persons connected with the regular operation, servicing, repair and maintenance of the Shopping Center; third party property management fees; premiums for liability and Workers' Compensation insurance (which insurance Landlord, at all times during the Lease term, agrees to maintain); the premiums for the insurance Landlord maintains pursuant to Article 15 hereof; real property taxes imposed on the Common Areas; personal property taxes, if any; charges, excises, surcharges, fees or assessments levied by virtue of the parking facilities furnished; costs and expenses of planting, replanting and relandscaping; garbage removal, if any; lighting; utilities; repainting and restriping; fees for equipment rental, any licenses and/or permits required for operation of the Common Areas, or any part thereof. ;gad In the event Landlord manages the Shopping Center, a charge of fifteen percent (15%) of all "operating and maintenance costs" for Landlord's administrative and overhead expenses shall be included in lieu of third party management fees. 11.5 Tenant's prorata share of the "operating and maintenance costs" described in Paragraph 11.4 above shall be an amount equal to the sum of the following: (i) Tenant's share of the operating and maintenance costs relating to the buildings within Landlord's Parcel. Tenant's share of such costs shall be determined by multiplying the aggregate of such costs by a fraction, the numerator of which is the Gross Leasable Area of the Demised Premises, and the denominator of which is the total Gross Leasable Area of all buildings within Landlord's Parcel. (ii) Tenant's share of the operating and maintenance costs relating to the Common Areas of the Shopping Center. Tenant's share of such costs shall be determined by multiplying the aggregate of such costs by a fraction, the numerator of which is the Gross Leasable Area of the Demised Premises, and the denominator of which is the total Gross Leasable Area of all buildings within the Shopping Center. If, during any calendar year, the total Gross Leasable Area within Landlord's Parcel shall change, then Tenant's prorate share of the operating and maintenance costs shall be adjusted in accordance with the formula set forth hereinabove and Landlord, within a reasonable time thereafter, shall estimate Tenant's share of the operating and maintenance costs for the balance of the calendar year. The initial estimate of Tenant's proportionate share, subject to adjustment from time to time to reflect changes in the Gross Leasable Area, is set forth in Paragraph 1(e) 11.6 As Additional Rent, Tenant shall pay Landlord monthly a Common Area charge in an amount estimated by Landlord to be Tenant's share of the "operating and otherwise modify maintenance costs" on the first day of each month, commencing on the Rent Commencement Date and continuing on the first day of each month thereafter during the term hereof. The initial monthly Common Area charge shall be that sum set forth in Paragraph 1(f) above; Landlord may adjust the monthly Common Area charge at the end of each calendar year on the basis of Landlord's anticipated costs for the following calendar year or, as specified hereinabove at Paragraph 11.5, at such time as the total Gross Leasable Area within Landlord's Parcel (or the Shopping Center, if all Common Areas in the Shopping Center are maintained by Landlord) shall change. 11.7 Within ninety (90)days after the end of each calendar year, Landlord shall furnish to Tenant a statement showing the total "operating and maintenance costs", Tenant's share of such costs, and the total of the monthly payments made by Tenant to Landlord during the calendar year just ended. Such statement shall be certified by Landlord as being correct. Landlord shall keep good and accurate books and records in accordance with generally accepted accounting principles concerning the operation, maintenance and management of the Common Areas, and Tenant and its agents shall have the right, upon ten (iii10) permit special use days' notice, to audit, inspect and copy such books and records. 11.8 If Tenant's share of the Common Areas"operating and maintenance costs" for the accounting period exceeds the payments made by Tenant, including temporary exclusive use for special occasions; providedTenant shall pay Landlord the deficiency within ten (10) days after the receipt of Landlord's statement. Tenant's failure to pay such Additional Rent shall constitute a material breach of this Lease, howeverand Landlord may, that without any further notice, exercise its remedies specified in no event may Landlord take any such action that would permanently reduce Paragraph 26 hereof. If Tenant's payments made during the available parking in the vicinity accounting period exceed Tenant's prorate share of the Building or permanently impair Tenant’s ingress "operating and egress to and maintenance costs," Tenant may deduct the amount of the excess from the Building. Tenant estimated payments next due to Landlord or, if no further estimated payments are due to Landlord, Landlord shall not unreasonably interfere with refund the rights of others to use excess within a reasonable time after the Common Areas. All use furnishing of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction aforesaid year end statement by Landlord, . The obligations of Landlord and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, Tenant hereunder shall survive the Common Areas to the extent practicable in light termination of the then-current situationthis Lease.

Common Areas. Tenant shall have non-exclusive access to (and use of) 4.01 The "Common Area" is the common areas part of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate Office/Warehouse Facility designated by Owner from time to time (“for the common use of all tenants, including among other facilities, parking areas, sidewalks, landscaping, curbs, loading areas, private streets and alleys, lighting facilities, hallways, malls, restrooms, and other areas and improvements provided by Owner for the common use of all tenants, all of which shall be subject to Owner's sole management and control and shall be operated and maintained in such manner as Owner, in its discretion, shall determine. Owner reserves the right to change from time to time the size, dimensions, and location of the Common Areas”)Area, provided as well as the size, dimensions, location, identity, and type of any buildings that Landlord are a part of the Office/Warehouse Facility, and to construct additional buildings or additional stories on existing buildings, or other improvements in the Office Warehouse Facility, and to eliminate buildings that are currently part of the Office/Warehouse Facility. Tenant and its employees, customers, subtenants, licensees, and concessionaires shall have the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the non-exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others license to use the Common AreasArea as constituted from time to time, such use to be in common with Owner, other tenants of the Office/Warehouse Facility, and other persons permitted by Owner to use the same, and subject to such rules and regulations governing use as Owner may from time to time prescribe, including but not limited to, specific areas within the Office/Warehouse Facility or in proximity thereto in which automobiles owned by Tenant, its employees, customers, subtenants, licensees, and concessionaires shall be parked. All use Owner shall have at all times the right to change such rules and regulations or to promulgate other rules and regulations in such manner as may be deemed advisable for safety, care of cleanliness of the Office/Warehouse Facility and for preservation of good order therein, all of such rules and regulations, changes and amendments will be forwarded to Tenant and shall be carried out and observed by Tenant. Tenant shall further be responsible for the compliance with such rules and regulations by the employees, servants, agents, visitors, and invitees of Tenant. Owner may close any part of the Common Areas Area as may be necessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations. 4.02 Nothing in this Article shall or elsewhere in this Lease shall be subject to construed as constituting the rules and regulations described in Section 12(b) hereof. Any temporary reduction Common Area, or any part thereof, as any part of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situation.Leased Premises. Exhibit 10.66

Common Areas. During the Term, Tenant shall have non-the non - exclusive access right, in common with Landlord and other tenants and users of the Property, to (and use of) only for their intended purposes the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use(such as driveways, including sidewalks, parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public loading areas and access ways including such automobile parking lot facilities roads) in the Building and/or Property that are designated by Landlord as common areas and not leased to or allocated for the Office Complex as Landlord may designate from time to time (“Common Areas”), provided that exclusive use of another tenant or user of the Property. Landlord shall have the right from time to eliminatetime to change the size, substitute and/or rearrange location, configuration, character or use of any such common areas, construct additional improvements or facilities in any such common areas, or close any such common areas which may theretofore have been so designated long as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce does not materially adversely affect Tenant's use of Or access to the available parking Premises or alter or interrupt in any material respect the vicinity pedestrian and vehicular access currently provided to Hangar One, Cody Road, or to Macon Road on the east side of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the BuildingPremises. Tenant shall not unreasonably interfere with the rights of others Landlord and other tenants or users of the Property to use such common areas. Landlord hereby grants to Tenant a non- exclusive easement to use such common areas over the Common Areas. All use of the Common Areas Property, and to install any signage permitted pursuant to section 4.6 below, and such easements shall be subject granted without consideration from the grantee (pursuant to 40 U.S.C. §1314) and without the termination rights set forth in 14 C.F.R. §1204.503(f)(3)(i)(B) and (D). Xxxxxxxx further agrees that Landlord will reasonably consider any requests made by Tenant to relocate, expand or improve the pedestrian and/or vehicular access provided to the rules and regulations described in Section 12(b) hereofPremises through the common areas. Any temporary reduction of If Landlord approves any request by Tenant to relocate, expand or improve the available parking in pedestrian and/or vehicular access provided through the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas common areas to the extent practicable Premises, such work would be performed by Tenant, at Tenant's sole cost and expense, pursuant to the Construction Provisions and Applicable Laws. Tenant will enter into a Temporary Construction License with Landlord in light of the then-current situationorder to perform such work.

Common Areas. Tenant shall have non-exclusive access to (a) All facilities furnished in the Shopping Center and use of) designated for the common areas general use, in common, of occupants of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useShopping Center, including Tenant, its officers, agents, assigns, employees and customers, including but not limited to parking areas, driveways, building signs, landscaping, pavingstreets, sidewalks, hallwaystunnels, stairwaysbridges, elevatorscanopies, common entrancesroadways, lobbiesloading platforms, restrooms washrooms, shelters, ramps, landscaped areas and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time (“"Common Areas”"), provided that shall at all times be subject to the exclusive control and management of Landlord; and Landlord shall have the right from time to eliminatetime to change, substitute and/or enlarge, diminish or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; providedthe area, howeverlevel, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress location and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use arrangement of the Common Areas, including temporary exclusive use for special occasions; providedto restrict parking by tenants and their employees to employee parking areas, however, that and to make all rules and regulations and do such things from time to time as in no event Landlord's reasonable discretion may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use be necessary regarding the Common Areas. All Notwithstanding the foregoing, during the Lease Term, Landlord, in the exercise of its rights hereunder, shall not materially interfere with Tenant's use and occupancy of the Common Areas Demised Premises and shall be subject not, without Tenant's prior written consent: (i) erect any building, fence, wall, sign or other obstruction in the "no build area" shown cross hatched on Exhibit G, (ii) build any expansion or addition to the rules and regulations described in Section 12(bShopping Center located over or under the Demised Premises, (iii) hereof. Any temporary reduction reduce the parking ratio below a ratio of 5.5 parking spaces for each 1,000 square feet of Gross Leasable Area of the available Shopping Center, (iv) turn off the lights in the parking area of the Shopping Center before 11:00 p.m., or (v) allow any pay or commuter parking in the vicinity parking areas of the Building Shopping Center. Landlord agrees to maintain that portion of the Shopping Center that is adjacent to the right-of-way of I-77 so that the underbrush on that portion of the Shopping Center does not reduce the visibility of the Demised Premises. (b) Commencing on the Rent Commencement Date, Tenant will pay to Landlord, as additional rent, without deduction or set-off, its share of Landlord's costs for operating, maintaining and securing the Common Areas. During each Lease Year of the initial Term of this Lease (the 1st through 11th Lease Years), Tenant's share of such costs shall be equal to Fifty Cents ($.50) per square foot of Floor Area of the Demised Premises, and during each Lease Year of the Renewal Period (the 12th through 21st Lease Years), Tenant's share of such costs shall be equal to Sixty Cents ($.60) per square foot of Floor Area of the Demised Premises. This annual charge shall be paid to Landlord in twelve (12) equal monthly installments in advance on the first day of each calendar month. Landlord agrees that it shall require each tenant in the Shopping Center to contribute to the cost of Common Area maintenance which contribution shall either be: (i) taken into account by Landlord in determining the amount of the tenant's rent, or (ii) set out as an additional charge. (c) Notwithstanding any provisions of this Lease, if any governmental law, statute, ordinance, regulation, executive order or proclamation or other governmental requirement or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency governmental regulation approved by Landlord requires or recommends that Landlord not perform any obligation as reasonably necessary contained herein in connection with any repairsenergy generation and any energy conservation or use program, alterations or construction by Landlord, and (y) be accomplished Landlord may comply therewith without being deemed in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light violation of the then-current situationthis Lease.

Common Areas. Tenant shall have The portions of the Project which are for the non-exclusive use of tenants of the Project are collectively referred to herein as the “Common Areas.” The Common Areas shall include, without limitation, (1) an open space patio adjacent to the first floor space and, subject to paragraph 3 under Section 2(a) below, a roof deck, (2) a parking garage with 24/7 secured and lighted bike storage facility with accompanying showers and lockers, (3) a lobby with a welcome/security desk and electronic directory(ies), (4) elevators which will include controlled access to Tenant’s floors, (5) an auditorium/conference center with a minimum capacity of 300 seats with a raised platform/stage for the audience to see the presenter, and modern audio visual equipment for scientific presentations, and (6) a fitness center with showers, lockers, and modern and sufficient exercise equipment for full work-outs to accommodate use of) the by approximately 25-30 people during peak hours, for use by Tenant in common areas with other tenants of the Building Project without charge for the use thereof other than as part of Operating Expenses. Tenant shall use the auditorium/conference center, bike storage facility and the Office Complexfitness center and other Common Areas in a manner that complies with all applicable Legal Requirements and any and all reasonable rules and regulations which may be adopted by Landlord from time to time. The common areas generally include space Landlord reserves the right to modify Common Areas, provided that is such modifications do not included in portions (i) materially adversely affect Tenant’s use of the building set aside Premises for leasing the Permitted Use, (ii) materially alter the specific Common Area amenities described above in this Section 1(b), or (iii) otherwise conflict with this Lease. Landlord shall, subject to tenants Force Majeure and Tenant Delays, provide the initial Common Areas and amenities described above on or reserved for Landlord’s exclusive useabout the Commencement Date and from and after the date hereof, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate shall consult with Tenant from time to time (“during the Term prior to making material modifications to the Common Areas regarding Tenant’s needs and preferences for Common Areas which Landlord shall consider if and when Landlord makes changes to the Common Areas. It is Landlord’s current desire to encourage one or more retail tenants to lease space on the first floor of the Building so that occupants of the Building would have the option of coffee, sandwiches and the like to go and a sit-down restaurant (collectively, the “Food Amenity”). Landlord, provided that in consultation with Tenant, shall cause the first floor of the Building to be designed to accommodate the Food Amenity. Landlord shall have in good faith endeavor to find one or more retail tenants to provide the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretionFood Amenity during the Term; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity failure of the Building or permanently impair to include (and/or the cessation during the Term of) the foregoing Food Amenity is not a condition precedent to any of Tenant’s ingress and egress to and from obligations under this Lease nor shall the Building. same be a default by Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationunder this Lease.

Common Areas. Tenant shall have non-exclusive access to (and use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s 's exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time (“"Common Areas”"), provided that Landlord shall have the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s 's ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s 's ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s 's access to, and parking on, the Common Areas to the extent practicable in light of the then-current situation.

Common Areas. A. Tenant shall have non-exclusive access to (and areas that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped area in and around said Building, by the Tenant or Tenant's employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building, to the extent such rules apply to the Metro Place building complex and/or others users of buildings in said complex. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition to the Premises, Tenant shall have the right of non-exclusive use of: (“Common Areas”a) in common with others, all unrestricted automobile parking areas, driveways and walkways, and (b) in common with Landlord (in connection with its maintenance, repair and other obligations and rights), provided that of all loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord, to the extent such rules apply to the Metro Place building complex and/or other users of buildings in said complex. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate may deem appropriate, provided the same does not materially and detrimentally affect Tenant's use of the Premises. Landlord also reserves all airspace rights above, below and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas, provided the same does not materially and detrimentally affect Tenant's access to the Premises. Landlord also reserves the right to alter the parking areas, including the right to make changes, alterations or provide additional or lesser parking areas; provided in no event (whether as a result of such changes, alterations or as a result of implementation of Landlord's rules and regulations) shall the number of parking spaces available to Tenant at the Building be materially reduced below the greater of; i) that currently available on the Land described on Exhibit A-2 or ii) that which is allowable by the ordinances of the City of Edina. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Building and Tenant agrees to so advise its discretion; employees who may use such parking areas. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles for overnight storage of vehicles, provided, however, that nothing herein shall prohibit employees from parking cars overnight in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity Landlord-designated areas when traveling out of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationtown on business.

Common Areas. In addition to the Premises, Tenant shall have non-exclusive access to (and the use of) the of those certain common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as be reasonably designated by Landlord may designate from time to time on the Property (collectively, the “Common Areas”). Such Common Areas shall include, provided that without limitation, parking areas, access roads and facilities, interior corridors and other common areas of the Building, sidewalks, driveways and landscaped and open areas. The Common Areas shall be for the non‑exclusive use of Tenant and Tenant’s employees, agents, suppliers, customers and patrons, in common with Landlord, with all other tenants of the Property and with all other persons to whom Landlord has previously granted, or may hereafter grant, rights of usage. Such non‑exclusive use shall be expressly subject to such reasonable rules and regulations which may be adopted by Landlord from time to time. Landlord reserves the right to alter, modify, enlarge, diminish, reduce or eliminate the Common Areas from time to time in its sole discretion, so long as no such action unreasonably and materially interferes with Tenant’s use and occupancy of the Premises and the Parking Facilities. Landlord shall have the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special if necessary, parts of the Premises, in order to implement any necessary improvements, and Landlord shall endeavor to minimize any adverse effect on Tenant’s use of the Premises. Tenant shall ensure that its use of the Premises and the Property does not block or interfere with any other tenants’ access to or use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall may not unreasonably interfere with the rights of others to use the Common AreasAreas for storage of goods, vehicles, refuse or any other items. All use If Tenant uses any of the Common Areas shall be for storage of any items, and subject to the rules any and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building all regulatory or municipal codes, laws and regulations, Tenant shall pay all fines imposed upon either Landlord or Tenant by any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency fire, building or as reasonably necessary in connection with any repairs, alterations or construction by Landlordother regulatory body, and (y) be accomplished in such a manner Tenant shall pay all costs incurred by Landlord to allow minimal interference with Tenant’s access to, clear and parking on, clean the Common Areas to the extent practicable in light and dispose of the then-current situationsuch items.

Common Areas. Tenant Landlord shall have non-exclusive access to (and use of) the common areas of make available "Common Areas", in the Building and on the Office ComplexLand on which the Demised Premises are situated. The Common Areas shall include (if applicable), but not be limited to, common areas generally include space that is not included entrance foyers, lobbies, elevators, stairwells, corridors, restrooms, chases, meter rooms and utility rooms in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useBuilding and parking areas, including parking loading areas, driveways, building signs, landscaping, paving, sidewalks, hallwayslandscaped areas, stairwaysgreen areas, elevatorsgrounds, common entrances, lobbies, restrooms plazas and other similar public picnic areas and access ways including such automobile parking lot facilities in on the Building and/or the Office Complex as Landlord may designate from time to time (“Common Areas”), provided that Landlord shall have the right to eliminate, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the BuildingLand. Landlord has grants to Tenant and to Tenant's Permittees, during the term of this Lease, the non-exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas, in common with Landlord and with others designated by Landlord as being entitled to use the Common Areas, subject to Landlord's reasonable rules and regulations established from time to time applicable to all tenants concerning the use and operation of the Common Areas. Tenant shall comply with and cause its Permittees to comply with said rules and regulations. Landlord shall operate, manage, repair, replace and maintain in good condition the Common Areas for their intended purposes, all in such manner as the Landlord, in its sole discretion, shall determine. All use of the Common Areas shall be subject to the rules control of Landlord in accordance with normal custom and regulations described practice in Section 12(b) hereofthe industry. Any temporary reduction Landlord shall have the authority to employ and discharge all personnel with respect thereto; to close temporarily after written notice to Tenant all or any portion of the available parking in Common Areas for the vicinity purpose of the Building making repairs, changes or any temporary impairment of the ingress and egress alterations thereto; to and from the Building shall (x) occur only during cases of emergency or as reasonably perform necessary maintenance in connection with any repairs, alterations or construction by Landlord, emergency; and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, maintain security for the Common Areas if deemed necessary by Landlord. Landlord shall have the right (but not the obligation), in its sole discretion, to reserve the extent practicable parking area immediately in light front of, at the rear of and/or adjacent to a particular premises for the exclusive use of that tenant who leases such premises, provided that such reservations of parking spaces do not give one tenant a disproportionate share of the then-current situationparking provided for the Building.

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped area in and around said Building, by the Tenant or Tenant's employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex reasonable and uniformly applied rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition to the Premises, Tenant shall have the right of non- exclusive use, in common with others, of: (“Common Areas”a) all unrestricted automobile parking areas (subject to the provisions set forth below), provided that driveways and walkways; and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable and uniformly applied rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate may deem appropriate. If there is an increased leasing area, Tenant's share of operating expenses and taxes shall be proportionally reduced. Landlord also reserves all airspace rights above, below and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Building and Tenant agrees to so advise its employees, visitors or invitees who may use such parking areas. E. The parking areas shall include those areas designated by Landlord, in its sole discretion; , as either restricted or unrestricted parking areas. Tenant, its employees and invitees shall have the right to park in the unrestricted parking areas in common with other tenants of the Building upon such terms and conditions adopted by Landlord from time to time, including the imposition of a reasonable parking charge, if the same is established by Landlord at any time during the Term (provided, however, that in no event may Tenant or its employees and invitees shall not be charged a parking charge during the initial Term of this Lease). Tenant agrees not to overburden the unrestricted parking areas and agrees to cooperate with Landlord take any such action that would permanently reduce the available parking and other tenants in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areasunrestricted parking areas. Landlord reserves the right in its absolute discretion to determine whether the parking areas are becoming overburdened and to allocate and assign parking spaces among Tenant and other tenants, including temporary exclusive and to reconfigure the parking areas and modify the existing ingress to and egress from the parking areas as Landlord shall deem appropriate. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for special occasions; overnight storage of vehicles. Notwithstanding the foregoing, Tenant shall be entitled to a proportionate share of parking spaces in the unrestricted parking areas at a Building ratio of 4.0 stalls per 1,000 rentable square feet of leased space, provided Tenant's proportionate share shall be adjusted from time to time, in the event of an increase in the number of parking stalls, or a decrease of the number of parking stalls resulting from condemnation, or the enforcement of other property rights which affect parking areas, provided, however, that Tenant's parking ratio of four (4) stalls per 1,000 rentable square feet shall not be decreased as a result of any site plan modifications initiated by Landlord. If there is a decrease of the number of parking stalls resulting from condemnation, to the extent Landlord has received an award in no event may condemnation for such loss of parking, Landlord take any such action that would permanently reduce shall use its best efforts to replace the available lost parking stalls, provided Landlord shall not be required to expend more for the replacement of the lost parking stalls than Landlord received in the vicinity condemnation award for loss of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingsuch parking stalls. Tenant shall have the right to lease climate-controlled stalls at a rate not unreasonably interfere with to exceed $100.00 per month per stall plus tax throughout the rights of others to use primary term (but not the Common Areas. All use Option Term) of the Common Areas Lease, subject to availability of such stalls. If parking availability becomes problematic for Tenant, Landlord agrees to assist Tenant to obtain additional parking near the Premises. Any cost associated with additional parking for Tenant shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situation's sole responsibility.

Common Areas. Throughout the Term, Tenant shall have non-exclusive access to (and use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time (“Common Areas”), provided that Landlord Tenant's Associates shall have the right to eliminatenonexclusive right, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; providedcommon with others, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All Landlord shall have the right at any time, without Tenant's consent, subject, however, to the provisions of Section 5(j) hereof, (a) to change the arrangement or location of entrances, passageways, doors, doorways, corridors, stairs or other public portions of the Land or the Building, provided any such change does not unreasonably obstruct Tenant's access to the Leased Premises or the Parking Spaces; (b) 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 Common Areas shall be subject Leased Premises or with the use of a first class office building; (c) to use and/or lease the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity roof of the Building and the Common Areas for any purposes not inconsistent with the terms of this Lease, including, without limitation, Section 9(h) herein; (d) to subdivide the Land or any to combine the Land with other adjoining real property; (e) to add additional covered parking spaces on the Land or to add additional levels of parking spaces to the existing covered Parking Spaces, to erect additional buildings or additions on the Land and to erect temporary impairment scaffolds and other devices in connection with the construction, repair and maintenance of the ingress Land or the Building, or both; and egress (f) to relocate or alter the existing Parking Spaces and from the Building shall (x) occur only during cases of emergency or as reasonably necessary to add new parking areas in connection with any repairsfuture development of new buildings on the Land or on adjoining real property. Landlord's exercise of any of the foregoing rights shall not constitute an actual or constructive eviction, alterations in whole or construction by in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, and (y) be accomplished by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. Notwithstanding anything to the contrary set forth above, in such a manner to allow minimal interference with Tenant’s access to, and parking on, the event Landlord converts any Common Areas to rentable areas so as to prevent Tenant from using such Common Areas in accordance with the extent practicable in light terms of this Lease, the then-current situationBuilding Rentable Area shall be increased and Tenant's Proportionate Share shall be reduced accordingly and Tenant's share of Operating Expense Increases and Real Estate Tax Increases shall be likewise reduced accordingly.

Common Areas. Landlord shall at all times have exclusive control and management of the Common Areas and Facilities of Bellevue Place. Tenant shall have non-exclusive access the nonexclusive right in common with others 32 to (and use of) the common public areas of the Bank of America Building and the Office Complex. The common areas generally include space that is not included in portions Common Areas and Facilities of the building set aside for leasing Bellevue Place, subject to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms such nondiscriminatory rules and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex regulations as Landlord may designate adopt from time to time (“Common Areas”)governing the use thereof including, provided that Landlord shall have but not limited to, the right to eliminateclose the same from time to time to such an extent as may be legally sufficient, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; providedLandlord’s opinion, however, that in no event may Landlord take any such action that would permanently reduce to prevent a dedication thereof or the available parking in the vicinity accrual of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate any person or to the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingpublic therein. Tenant shall not unreasonably interfere comply with the rights rules and regulations that Landlord and the owner or ground lessee of others Bellevue Place may from time to time promulgate and/or modify regarding use the Common Areas. All use and operation of the Common Areas shall be subject to of the Bank of America Building and Common Areas and Facilities of Bellevue Place. The rules and regulations described shall be binding upon Tenant upon delivery of a copy thereof to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of such rules and regulations by any other tenants or occupants of space in Section 12(b) hereofeither Bellevue Place or the Bank of America Building. Any temporary reduction The term “Common Areas and Facilities of Bellevue Place” refers to all on and off-site areas and/or related facilities which are made available or are used from time to time for the general use, convenience and benefit of Landlord and other persons entitled to occupy space in Bellevue Place, including their employees, invitees, licensees and guests, which areas shall include, but not be limited to, all parking structures and parking areas (including off-site parking), driveways, sidewalks, landscaped or planted areas, pedestrian areas, lobbies, walkways, the Wintergarden Retail Center and Parking Garage. The term “Common Areas and Facilities of Bellevue Place” also refers to all on-site and off-site areas and/or related facilities which may not be accessible to Tenant and other persons entitled to occupy space in Bellevue Place, but which are used in conjunction with the operation, management, repair or maintenance of Bellevue Place, including, but not limited to janitorial closets, on and/or off-site management offices and maintenance areas. The term “Common Areas and Facilities of the available parking in the vicinity Bank of the Building or any temporary impairment of the ingress and egress America Building” refers to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to and Facilities of Bellevue Place located within the extent practicable in light Bank of the then-current situation.America

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped area in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex reasonable rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord; provided, however, Landlord hereby approves all awnings, curtains, drapes or shades currently located on the Premises. B. In addition to the Premises, Tenant shall have the right of non–exclusive use, in common with others, of (“Common Areas”)a) all unrestricted automobile parking areas, provided that driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A–2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate in may deem appropriate. Landlord also reserves all airspace rights above, below and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas. In exercising its discretion; providedrights under this Article 14 C, howeverLandlord shall not materially alter Tenant’s access or visibility to the Premises. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, that in no event may Landlord take any such action that would permanently reduce theft or damage to vehicles, or the available parking contents thereof, parked or left in the vicinity parking areas of the Building and Tenant agrees to so advise its employees, visitors or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special invitees who may use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingareas. Tenant shall further agrees not unreasonably interfere with the rights of others to use or permit its employees, visitors or invitees to use the Common Areasparking areas for overnight storage of vehicles except on an occasional basis when special circumstances so require. All use of the Common Areas The parking areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction include those areas designated by Landlord, and in its sole discretion, as either restricted or unrestricted parking areas. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Landlord agrees to provide Tenant, at the Commencement Date, up to twenty-two (y22) be accomplished in such a manner to allow minimal interference with Building basement parking spaces (i.e., Tenant’s access to, and prorata share of such parking on, the Common Areas spaces) pursuant to the extent practicable parking license agreement in light the form of Exhibit C and executed by the parties as of the thendate hereof. At Tenant’s option, up to one third (1/3) of the basement parking spaces taken by Tenant may be licensed to Tenant on a month-current situationto-month basis. Landlord acknowledges there presently exists approximately 20 parking spaces located near the entrance to the Building under the parking deck which are currently “signed” and/or “painted” as being reserved for Tenant’s exclusive use (the “Lower Deck Designated Parking Spaces”). The parties agree that such Lower Deck Designated Parking Spaces shall be reduced to 10 such spaces and Landlord, at its cost, may remove such signage, painting or other designations of exclusive use (“Reserved Signage”) from the other 10 Lower Deck Designated Parking Spaces. Landlord further agrees that Tenant shall be entitled to use during the Term of this Lease Agreement the four (4) surface parking stalls currently located outside the Building and having Reserved Signage (the “Surface Stalls”). Tenant agrees that the cost of maintaining the Reserved Signage for the remaining Lower Deck Designated Parking Spaces and the Surface Stalls shall be borne solely by Tenant. Tenant acknowledges and agrees that Landlord shall not be required to tow cars or impose sanctions or default other tenants for their use of any of the remaining ten (10) Lower Deck Designated Parking Spaces or of the Surface Stalls.

Common Areas. Tenant Tenant, its employees and invitees shall have the non-exclusive access right to (and use of) the common areas Common Areas as constituted for general use of occupants of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time (“Common Areas”except for mechanical rooms and janitorial closets), such use to be in common with Landlord, other tenants of the Project 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 that such amendments are nondiscriminatory in nature. Subject to t he limitations set forth in the next sentence, Landlord shall have reserves the right from time to eliminatetime to undertake any or all of the activities described below, substitute and/or rearrange provided such areas which may theretofore have been so designated as Landlord deems appropriate reservation of rights shall not: (i) materially affect Tenant's use or enjoyment of or access to the Premises, the Parking Garage or Tenant's other rights under this Lease, or increase the amount of Rentable Area in its discretionthe Premises; provided, however, that in no event may Landlord take any such action that would permanently (ii) increase Tenant's Rent or proportionate share of Expenses; (iii) reduce the available number of Tenant's parking privileges set forth herein; or (iv) materially, adversely affect any signage rights of Tenant expressly granted to Tenant in this Lease or the vicinity visibility of Tenant's Premises from the Building or permanently impair Tenant’s ingress and egress to and from interior of the Building. In connection therewith, Landlord has reserves the exclusive right following rights: to (i) designate add to, or subtract from, or change from time to time, the Common Areas, (ii) change the designation of any Common Area dimensions and otherwise modify the Common Areas, and (iii) permit special use location of the Common Areas, including temporary exclusive use for special occasions; providedit being understood that Landlord may, howeverat its option, that in no event may Landlord take add any such action that would permanently reduce areas located within the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress Block to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use ; 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 shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction an area leased to one or more tenants or to designate previously leased space as part of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas provided equitable adjustments are made to the extent practicable Rentable Area in light of the then-current situationBuilding and the Rentable Area in the Premises; to make alterations or additions to the Building and to any other buildings or improvements within the Project; to operate and/or maintain such Common Areas in conjunction with other parties; and to construct, or permit others to construct, other buildings or improvements within the Project. Landlord is not obligated to construct or provide for Tenant any improvements outside the Building except as otherwise provided in this Lease.

Common Areas. Tenant shall have non-exclusive access the nonexclusive right to (use in common with other tenants in the Project, and use of) subject to the common areas rules and regulations referred to in Article 5 of the Building and the Office Complex. The common areas generally include space that is not included in this Lease, those portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useProject which are provided, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). Subject to the terms of this Lease, provided the Landlord shall maintain the Common Areas in a first-class manner and in accordance with the General Maintenance Plan attached hereto as Exhibit D, but the exact manner in which the tenants Common Areas are maintained and operated shall be determined by the Landlord, and the use thereof shall be subject to such reasonable rules, regulations and restrictions as Landlord may make from time to time pursuant to Article 5 below. Tenant shall pay its pro rata share of cost of maintaining the common areas and of maintaining the Creekwalk area as required by the City of San Leandro. Such maintenance costs shall be allocated among Buildings based upon the relative rentable square footage of the buildings. If Tenant believes that Landlord is not maintaining the Common Areas in a first-class manner, Tenant shall have the right notify Landlord in writing if oral requests are not responded to eliminatein a timely manner. If Landlord fails, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate on three (3) occasions within any two (2) year period in its discretion; providedmaintenance obligations, however, that in no event Tenant may require Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right employ a third party property manager to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use supervise maintenance of the Common Areas. Landlord reserves the right to close temporarily, including temporary exclusive use for special occasions; providedmake alterations or additions to, however, that in no event may Landlord take any such action that would permanently reduce or change the available parking in the vicinity location of elements of the Building or permanently impair Project and the Common Areas provided that changes to the Common Areas do not interfere in any material way with Tenant’s ingress and egress access to and from use of the BuildingPremises. Tenant shall not unreasonably interfere with Landlord specifically agrees that access to the rights of others to use the Common Areas. All use parking portions of the Common Areas shall be subject controlled by gates activated by a card system or other system appropriate to the rules and regulations described in Section 12(b) hereof. Any temporary reduction ensure that, as much as possible, use of the available parking area is restricted to persons employed by or having business with tenants in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationProject.

Common Areas. Tenant shall have non-exclusive access is hereby granted the right to the nonexclusive use of the Common Areas. “Common Areas” means (and use ofi) the common lobby area on the ground floor, (ii) the areas on individual floors devoted to corridors, balconies, fire vestibules, elevator foyers, lobbies, electric and telephone closets, restrooms, mechanical rooms, janitor closets and other similar facilities for the benefit of all tenants (or invitees) on the particular floor, (provided that such areas are not Common Areas on full floors of the Building leased by a single tenant, including Tenant, since such areas are included within the definition of Premises),those areas of the Building devoted to mechanical and service rooms servicing more than one floor or the Office Complex. The common areas generally include space that is not included in portions Building as a whole and any other portion of the building set aside Real Property not leased or designated for leasing lease to tenants from time to time that are provided for use in common by Landlord, Tenant and other tenants of the Real Property, whether or reserved for Landlord’s exclusive usenot any such area is open to the general public, including all fixtures, goods, decor, signs, facilities and landscaping located in or used in connection with those areas of the Real Property, and including without limitation city sidewalks adjacent to the Real Property and pedestrian walkways, parking areas, driveways, building signs, landscaping, paving, sidewalks, hallwaysramps, stairways, elevators, common entrancesescalators, lobbiesrestrooms, restrooms patios, plazas, malls, landscaped areas, decorative walls, service corridors, throughways, loading areas, and other similar public areas and access ways including such automobile parking lot facilities parcel pick-up stations located in the Building and/or Real Property. Notwithstanding anything to the Office Complex as Landlord may designate contrary set forth in this Lease, any balconies adjacent to a portion of the Premises, which balcony is solely accessible from time to time the Premises (the “Common AreasTenant Balcony”), provided shall be for the exclusive use of Tenant and shall be included as part of the Premises for all purposes except the square footage of the Tenant Balconies shall not be included for purposes of determining Base Rent and Tenant’s Share. The manner in which such Common Areas are maintained and operated Shall be at the reasonable discretion of Landlord, and the use thereof by Tenant and other persons and entities shall be subject to the Rules and Regulations and such other rules, regulations and restrictions that are required by local governmental and quasi-governmental authorities. Landlord shall have reserves the right to eliminatemake alterations or additions to or to change the location or configuration of elements of the Real Property and the Common Areas and to terminate Tenant’s right to use any portion of the Common Areas (provided that such Common Areas are not located on a floor containing a portion of the Premises and are not Tenant Balconies), substitute and/or rearrange such areas which may theretofore have been so designated ceases to be a “Common Area,” as Landlord deems appropriate in its discretiondefined hereinabove; provided, however, that Landlord shall provide Tenant with fifteen (15) business days prior notice of any of the actions set forth in no event may this Section 1.1.2, above, to be taken by Landlord take any if such action that would permanently reduce the available parking will substantially interfere with Tenant’s ability to (i) conduct business in the vicinity of the Building or permanently impair Tenant’s ingress and egress Premises, (ii) gain access to and from the BuildingOn-site Parking Area and adjacent streets, or (iii) use the On-site Parking Area. Landlord has shall, at all times during the exclusive right “Lease Term,” as that term is defined in Section 2.1 of this Lease, maintain and operate the Common Areas in a first-class manner. Additionally, Landlord shall not, without the prior consent of Tenant, which consent shall not be unreasonably withheld or delayed and which consent shall be deemed granted if not denied by notice received by Landlord within ten (10) business days of Tenant’s receipt of notice from Landlord, make material alterations, reduction, addition, relocation or reconfiguration to the Building exterior or the Common Areas; provided that notwithstanding the foregoing terms, Tenant’s consent shall not be required, prior to the date Landlord performs any material alteration, reduction or change of, or addition to, (i) designate the Building exterior or Common AreasAreas which is required by law, (ii) change any retail space located on the designation ground floor of any Common Area and otherwise modify the Common AreasBuilding provided that the lobby space of the Building is not materially reduced thereby, and (iii) permit special use the portion of the lobbies located on floors not occupied Or leased by Tenant or its “Affiliates,” as that term is defined in Section 14.6 of this Lease, excluding the lobbies of those floors of the Building not occupied by Tenant, but including material decorative changes to other Common Areas, except those alterations to the Building exterior or the Common Areas which are required to comply with applicable laws. Additionally, Landlord shall not, without the prior consent of tenant, which consent shall not be unreasonably withheld or delayed and which consent shall be deemed granted if not denied by notice received by Landlord within ten (10) business days of Tenant’s receipt of notice from Landlord, make any material alterations to the Building exterior or the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce excluding the available parking in the vicinity lobbies of those floors of the Building not occupied by Tenant, but including material decorative changes to other Common Areas, except those alterations to the Building exterior or permanently impair Tenant’s ingress and egress the Common Areas which are required to and from the Buildingcomply with applicable laws. Tenant shall not unreasonably interfere with have the rights right of others to use the Common Areas. All use of the Common Areas shall be subject access to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of Premises, the Building or any temporary impairment of and the ingress and egress to and from On-site Parking Area 24-hours per day, 7-days per week during the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationLease Term.

Common Areas. Tenant shall have the non-exclusive access right to (use in common with other tenants in the Project, and use of) subject to the common areas rules and regulations referred to in Article 10 of the Building and the Office Complex. The common areas generally include space that is not included in this Lease, those portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useProject which are provided, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas are collectively referred to herein as the “Common Areas”). The Common Areas may include a cafeteria or other restaurant located within the Project, a health club located within the Project, park or other facilities open to the general public and sidewalks, walkways, parkways, driveways and landscape areas located within and appurtenant to the Project. However Landlord makes no representation that any such Common Areas, whether or not such Common Areas are available as of the date of this Lease, shall be available throughout the entire Lease Term. The manner in which the Common Areas are maintained and operated shall be in the reasonable discretion of Landlord, provided that Landlord shall have maintain and operate the same in a manner consistent with that of other first-class life science buildings in the vicinity of the Project, and the use thereof shall be subject to such rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the right (i) to eliminateclose temporarily, substitute and/or rearrange make alterations or additions to, or change the location of elements of the Project and the Common Areas, including, without limitation, changes in the location, size, shape and number of street entrances, driveways, passages ways, stairways, direction of traffic, landscaped areas, loading and unloading areas, and walkways; (ii) to add additional buildings and improvements to the Common Areas; (iii) to use the Common Areas while engaged in making additional improvements, repairs, or alterations to the Project; and (iv) to do and perform such areas which may theretofore have been so designated other acts and make such other changes in, to or with respect to the Common Areas as Landlord deems appropriate in its discretionmay deem to be appropriate; provided, however, that in no event may Landlord take shall any such action actions by Landlord materially increase the amount of Additional Rent payable by Tenant or materially decrease Tenant’s beneficial use and enjoyment of the Premises. To the extent that would permanently reduce the available parking fitness center currently existing in the vicinity Building remains an amenity available to the other tenants and occupants of the Building or permanently impair Tenant’s ingress and egress Project, Tenant shall be entitled to and from the Building. Landlord has the non-exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of such fitness center during the Common AreasLease Term, including temporary exclusive provided such use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the Landlord’s reasonable rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlordregulations, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas subject to the extent practicable in light payment of the then-current situationapplicable standard and non-discriminatory usage fees.

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped areas in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex reasonable rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord; provided, however, Landlord hereby approves all awnings, curtains, drapes or shades currently located on the Premises. B. In addition to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of (“Common Areas”)a) all unrestricted automobile parking areas, provided that driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate in may deem appropriate. Landlord also reserves all airspace rights above, below and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas. In exercising its discretion; providedrights under this Article 14 C, howeverLandlord shall not materially alter Tenant’s access or visibility to the Premises. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, that in no event may Landlord take any such action that would permanently reduce theft or damage to vehicles, or the available parking contents thereof, parked or left in the vicinity parking areas of the Building and Tenant agrees to so advise its employees, visitors or permanently impair Tenant’s ingress and egress to and from the Buildinginvitees who may use such parking areas. Landlord has the exclusive right to (i) designate the Common AreasThe parking areas shall include those areas designated by Landlord, (ii) change the designation of any Common Area and otherwise modify the Common Areasin its sole discretion, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available as either restricted or unrestricted parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingareas. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant shall further agrees not unreasonably interfere with the rights of others to use or permit its employees, visitors or invitees to use the Common Areas. All use parking areas for overnight storage of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationvehicles except on an occasional basis when special circumstances so required.

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped area in and around said Building, by the Tenant or Tenant's employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by the Landlord. B. In addition to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of (“Common Areas”)a) all unrestricted automobile parking areas, provided that driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate in its discretion; providedmay deem appropriate. Landlord also reserves all airspace rights above, howeverbelow and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas. D. Landlord and Tenant agree that in no event may Landlord take will not be responsible for any such action that would permanently reduce loss, theft or damage to vehicles, or the available parking contents thereof, parked or left in the vicinity parking areas of the Building and Tenant agrees to so advise its employees, visitors or permanently impair Tenant’s ingress and egress to and from the Buildinginvitees who may use such parking areas. Landlord has the exclusive right to (i) designate the Common AreasThe parking areas shall include those areas designated by Landlord, (ii) change the designation of any Common Area and otherwise modify the Common Areasin its sole discretion, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available as either restricted or unrestricted parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingareas. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant shall further agrees not unreasonably interfere with the rights of others to use or permit its employees, visitors or invitees to use the Common Areas. All use parking areas for overnight storage of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationvehicles.

Common Areas. Tenant shall have non-exclusive access to (and use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive use, including A. CONTROL OF COMMON AREAS: All parking areas, driveways, building signs, landscaping, pavingentrances and exits thereto, sidewalks, hallwaysramps, landscaped areas, exterior stairways, elevators, and all other Common Areas and facilities provided by Landlord for the common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in use of tenants of the Building and/or and their agents, employees and customers, shall at all times be subject to the Office Complex as Landlord may designate from time to time (“Common Areas”), provided that exclusive control and management of Landlord. Landlord shall have the right to eliminateoperate and maintain the same in such manner as Landlord, substitute and/or rearrange in its sole discretion, shall determine from time to time, including without limitation the right to employ all personnel and to make all rules and regulations pertaining to and necessary for the proper operation and maintenance of said Common Areas and the Building as a whole. Tenant shall not use the sidewalks adjacent to the Demised Premises or any area outside the Demised Premises for business purposes without the previous written consent of Landlord. Landlord shall have the exclusive right at any and all times to close any portion of the Common Areas for the purpose of making repairs, changes or additions thereto, provided that such changes do not materially impair Tenant's use of the Premises and are consistent with common areas which in first class office buildings in Raleigh NC, and may theretofore change the size, area or arrangement of the parking areas or the lighting thereof within or adjacent to the existing areas and may enter into agreements with adjacent owners for cross-easements for parking, ingress or egress. B. PARKING AREA: Tenant shall have been so designated the right to park in the Building parking facilities in common with other tenants in the Building upon such terms and conditions, including the imposition of reasonable parking charges, if the same is established by Landlord at any time during the term of this Lease. Tenant agrees not to overburden the parking facilities and agrees to cooperate with Landlord and other tenants in use of the parking facilities. Landlord reserves the right in its absolute discretion to determine whether the parking facilities are being overburdened and to allocate and assign parking spaces among Tenant and other tenants, and to reconfigure the parking area and modify the existing ingress to and egress from the parking area as Landlord deems appropriate in its discretion; providedshall deem appropriate. Landlord further shall have the right from time to time to grant tenants, howeverincluding Tenant, that in no event may Landlord take any such action that would permanently reduce exclusive rights to certain parking spaces at the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from facilities at the Building. Landlord has will provide that it will always maintain parking ratios as required by the exclusive right to (i) designate the Common Areaszoning code, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that but in no event may Landlord take any such action that would permanently reduce the available less than four parking in the vicinity spaces per 1,000 useable square feet of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others If Landlord offers reserved parking to use the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking any other tenants in the vicinity Building, of the Building or any temporary impairment of the ingress and egress to and from the Building less than 50,000 rsf, then Landlord shall provide Tenant with not more than five (x5) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and designated parking on, the Common Areas to the extent practicable in light of the then-current situationspaces.

Common Areas. Tenant shall have non-exclusive All access roads and facilities furnished, made available or maintained by Landlord in the Project; to the extent provided by Landlord, truck ways, driveways, loading docks and delivery areas (and use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in the Premises or other demised premises in the Project); the roof, walls and all structural portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useProject, including parking package pickup stations, elevators, escalators, pedestrian sidewalks, malls, courts and ramps, landscaped areas, driveways, building signs, landscaping, paving, sidewalks, hallwaysretaining walls, stairways, elevatorsbus stops, common entrancesfirst-aid and comfort stations, lobbieslighting facilities, restrooms sanitary systems, and utility lines, water filtration and treatment facilities; and other similar public areas and access ways including such automobile parking lot facilities improvements provided by Landlord for the general use in the Building and/or the Office Complex as Landlord may designate from time to time common of tenants and their customers (“all herein called "Common Areas”)") shall at all times be subject to the exclusive control and management of Landlord. Subject to the provisions of the next paragraph, provided that Landlord shall have the right from time to eliminatetime to: change or modify and add to or subtract from the sizes, substitute and/or rearrange locations, shapes and arrangements of entrances, exits and other Common Areas; add to or subtract from the buildings in the Project; and do and perform such areas other acts in and to the Common Areas as Landlord in its sole discretion, reasonably applied, deems advisable for the use thereof by tenants and their customers. Landlord may at any time close temporarily any Common Areas to make repairs or changes, prevent the acquisition of public rights therein, or for any other reasonable purposes. Landlord shall exercise Landlord's rights under this Section 5.2 in a manner that does not unreasonably and materially interfere with Tenant's business operations at the Premises. In addition, notwithstanding anything to the contrary contained in this Lease, Landlord shall not make any changes with respect to the Control Area, that materially and adversely affects pedestrian access to the Premises, or the visibility of the Premises or Tenant's permanently installed exterior signage without the prior written consent of Tenant, which may theretofore have been so designated as Landlord deems appropriate be withheld in its Tenant's reasonable discretion; provided, however, that in no event may Landlord take any such action that would permanently reduce . Alterations to the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use rest of the Common Areas shall may be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction made by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situation.

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped area in and around said Building, by the Tenant or Tenant's employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex reasonable rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned. B. In addition to the Premises, Tenant shall have; the right of non-exclusive use, in common with others, of (“Common Areas”)a) all unrestricted automobile parking areas, provided that driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the Terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to tune by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate may deem appropriate. Subject to Tenant's rights in its discretionrespect of the Tenant Improvements, Landlord also reserves all airspace rights above, below and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas, provided the same do not interfere with Tenant's operations on or from the Premises. D. Landlord and Tenant agree that Landlord will not be responsible for any loss, then or damage to vehicles, or the: contents thereto; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking parked or left in the vicinity parking areas of the Building and Tenant agrees to so advise its employees, visitors or permanently impair Tenant’s ingress and egress to and from the Buildinginvitees who may use such parking areas The parking areas shall include those areas designated by Landlord. In its sole discretion, as either restricted or unrestricted parking areas. All restricted parking areas shall be leased only by separate license agreement with Landlord. Landlord has agrees to provide Tenant, subject to availability unassigned parking spaces pursuant to license agreements in the exclusive right form of Exhibit C. The parking spaces being made available to (i) designate Tenant pursuant to the Common Areas, (ii) change paragraph shall be made available at the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use commencement of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce Term and continuing thereafter during the available parking in the vicinity balance of the Building or permanently impair Tenant’s ingress Term and egress to and from the Building. Tenant shall not unreasonably interfere with the rights of others to use the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur Renewal Terms but only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light Tenant continues the initial number of parking spaces continuously. If Tenant should cease one or more such parking spaces, the then-current situationLandlord shall not and does not guaranty that Tenant shall be entitled to subsequently have such parking spaces available to it.

Common Areas. Landlord shall at all times have exclusive control and management of the Common Areas and Facilities of Bellevue Place. Tenant shall have non-exclusive access the nonexclusive right in common with others to (and use of) the common public areas of the Bank of America Building and the Office Complex. The common areas generally include space that is not included in portions Common Areas and Facilities of the building set aside for leasing Bellevue Place, subject to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms such nondiscriminatory rules and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex regulations as Landlord may designate adopt from time to time (“Common Areas”)governing the use thereof including, provided that Landlord shall have but not limited to, the right to eliminateclose the same from time to time to such an extent as may be legally sufficient, substitute and/or rearrange such areas which may theretofore have been so designated as Landlord deems appropriate in its discretion; providedLandlord’s opinion, however, that in no event may Landlord take any such action that would permanently reduce to prevent a dedication thereof or the available parking in the vicinity accrual of the Building or permanently impair Tenant’s ingress and egress to and from the Building. Landlord has the exclusive right to (i) designate any person or to the Common Areas, (ii) change the designation of any Common Area and otherwise modify the Common Areas, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingpublic therein. Tenant Xxxxxxxxxx.xxx NNN Lease 34 shall not unreasonably interfere comply with the rights rules and regulations that Landlord and the owner or ground lessee of others Bellevue Place may from time to time promulgate and/or modify regarding use the Common Areas. All use and operation of the Common Areas shall be subject to of the Bank of America Building and Common Areas and Facilities of Bellevue Place. The rules and regulations described shall be binding upon Tenant upon delivery of a copy thereof to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of such rules and regulations by any other tenants or occupants of space in Section 12(b) hereofeither Bellevue Place or the Bank of America Building. Any temporary reduction The term “Common Areas and Facilities of Bellevue Place” refers to all on and off-site areas and/or related facilities which are made available or are used from time to time for the general use, convenience and benefit of Landlord and other persons entitled to occupy space in Bellevue Place, including their employees, invitees, licensees and guests, which areas shall include, but not be limited to, all parking structures and parking areas (including off-site parking), driveways, sidewalks, landscaped or planted areas, pedestrian areas, lobbies, walkways, the Wintergarden Retail Center and Parking Garage. The term “Common Areas and Facilities of Bellevue Place” also refers to all on-site and off-site areas and/or related facilities which may not be accessible to Tenant and other persons entitled to occupy space in Bellevue Place, but which are used in conjunction with the operation, management, repair or maintenance of Bellevue Place, including, but not limited to janitorial closets, on and/or off-site management offices and maintenance areas. The term “Common Areas and Facilities of the available parking in the vicinity Bank of the Building or any temporary impairment of the ingress and egress America Building” refers to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to and Facilities of Bellevue Place located within the extent practicable in light Bank of the then-current situationAmerica Building.

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped area in and around said Building, by the Tenant or Tenant’s employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of: (“Common Areas”a) all unrestricted automobile parking areas (subject to the provisions set forth below), provided that driveways and walkways; and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate in its discretion; providedmay deem appropriate. Landlord also reserves all airspace rights above, howeverbelow and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas. D. Landlord and Tenant agree that in no event may Landlord take will not be responsible for any such action that would permanently reduce loss, theft or damage to vehicles, or the available parking contents thereof, parked or left in the vicinity parking areas of the Building and Tenant agrees to so advise its employees, visitors or permanently impair invitees who may use such parking areas. E. The parking areas shall include those areas designated by Landlord, in its reasonable discretion, as either restricted or unrestricted parking areas. Tenant’s ingress , its employees and egress to and from invitees shall have the Building. Landlord has the exclusive right to (i) designate park in the Common Areasunrestricted parking areas in common with other tenants of the Building upon such terms and conditions adopted by Landlord from time to time, (ii) change but those conditions shall not include the designation imposition of any Common Area a parking charge. Tenant agrees not to overburden the unrestricted parking areas and otherwise modify agrees to cooperate with Landlord and other tenants in the Common Areas, and (iii) permit special use of the Common Areasunrestricted parking areas. Landlord reserves the right in its absolute discretion to determine whether the parking areas are becoming overburdened and to allocate and assign parking spaces among Tenant and other tenants, and to reconfigure the parking areas and modify the existing ingress to and egress from the parking areas as Landlord shall deem appropriate. Landlord agrees that all of its rights pursuant to this paragraph, including temporary exclusive use for special occasions; providedits designation of restricted parking areas and its reconfiguration of parking areas, however, that in no event may Landlord take any such action that would permanently reduce the available parking in the vicinity of the Building or permanently impair will not encroach upon Tenant’s ingress and egress ability to and from the Buildinghave adequate parking for its employees, visitors or invitees. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant shall further agrees not unreasonably interfere with the rights of others to use or permit its employees, visitors or invitees to use the Common Areasparking areas for overnight storage of vehicles. All use Notwithstanding the foregoing, in addition to the right to park in unrestricted parking areas, Landlord shall provide to Tenant eight executive garage stalls in the location shown on Exhibit C (“Executive Parking Stalls”), four of which shall be provided at no additional cost to Tenant. As part of rent due hereunder, throughout the Term of this Lease and any extension thereto, Tenant shall pay Seventy-Five and 00/100 Dollars ($75.00) per month for each of the Common Areas shall be subject to the rules and regulations described in Section 12(bremaining four (4) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall Executive Parking Stalls, with two percent (x2%) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationannual increases per stall.

Common Areas. A. Tenant shall have non-exclusive access to (and agrees that the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped areas in and around said Building, by the Tenant or Tenant's employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition to the Premises, Tenant shall have the right of non-exclusive use, in common with others, of (“Common Areas”)a) all unrestricted automobile parking areas, provided that driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate in its discretion; providedmay deem appropriate. Landlord also reserves all airspace rights above, howeverbelow and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas. D. Landlord and Tenant agree that in no event may Landlord take will not be responsible for any such action that would permanently reduce loss, theft or damage to vehicles, or the available parking contents thereof, parked or left in the vicinity parking areas of the Building and Tenant agrees to so advise its employees, visitors or permanently impair Tenant’s ingress and egress to and from the Buildinginvitees who may use such parking areas. Landlord has the exclusive right to (i) designate the Common AreasThe parking areas shall include those areas designated by Landlord, (ii) change the designation of any Common Area and otherwise modify the Common Areasin its sole discretion, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available as either restricted or unrestricted parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingareas. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant shall further agrees not unreasonably interfere with the rights of others to use or permit its employees, visitors or invitees to use the Common Areas. All use parking areas for overnight storage of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationvehicles.

Common Areas. A. Tenant shall have non-exclusive access to agrees (and hat the use of) the common areas of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for leasing to tenants or reserved for Landlord’s exclusive useall corridors, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairwayspassageways, elevators, common entrancestoilet rooms, lobbies, restrooms and other similar public parking areas and access ways including landscaped area in and around said Building, by the Tenant or Tenant's employees, visitors or invitees, shall be subject to such automobile parking lot facilities in the Building and/or the Office Complex rules and regulations as Landlord may designate from time to time be made by Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Building. Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. In addition to the Premises, Tenant shall have the right of non- exclusive use, in common with others, of (“Common Areas”)a) all unrestricted automobile parking areas, provided that driveways and walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, all to be subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. C. Landlord shall have the right to eliminate, substitute and/or rearrange make changes or revisions in the site plan and in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such areas which may theretofore have been so designated purposes as Landlord deems appropriate in its discretion; providedmay deem appropriate. Landlord also reserves all airspace rights above, howeverbelow and to all sides of the Premises, including the right to make changes, alterations or provide additional leasing areas. D. Landlord and Tenant agree that in no event may Landlord take will not be responsible for any such action that would permanently reduce loss, theft or damage to vehicles, or the available parking contents thereof, parked or left in the vicinity parking areas of the Building and Tenant agrees to so advise its employees, visitors or permanently impair Tenant’s ingress and egress to and from the Buildinginvitees who may use such parking areas. Landlord has the exclusive right to (i) designate the Common AreasThe parking areas shall include those areas designated by Landlord, (ii) change the designation of any Common Area and otherwise modify the Common Areasin its sole discretion, and (iii) permit special use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available as either restricted or unrestricted parking in the vicinity of the Building or permanently impair Tenant’s ingress and egress to and from the Buildingareas. Any restricted parking areas shall be leased only by separate license agreement with Landlord. Tenant shall further agrees not unreasonably interfere with the rights of others to use or permit its employees, visitors or invitees to use the Common Areas. All use parking areas for overnight storage of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationvehicles.

Common Areas. Tenant 1. The Premises constitute a portion of a multiple occupancy building. It shall have non-exclusive access be Lessor's obligation to provide and care for the area surrounding the Building (hereinafter "Common Area"), provided, however, that Lessee shall contribute its Pro Rata Share of the expenses for the care for the Common Area, including but not limited to, ad valorem taxes, hazard insurance on the Building, management fees, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and use of) alleys, elevators, lobbies, stairs, entrances, exits, sidewalks, roadways, lighting, legal expenses incident to the common areas operation of the Building and the Office Complex. The common areas generally include space that is not included in portions of the building set aside for (but excluding any leasing to tenants or reserved for Landlord’s exclusive use, including parking areas, driveways, building signs, landscaping, paving, sidewalks, hallways, stairways, elevators, common entrances, lobbies, restrooms and other similar public areas and access ways including such automobile parking lot facilities in the Building and/or the Office Complex as Landlord may designate from time to time (“Common Areas”financing legal fees), provided that Landlord shall have the right to eliminaterepairs, substitute and/or rearrange such areas which may theretofore have been so designated garbage and waste removal, and all other charges not classified as Landlord deems appropriate in its discretioncapital expenditures; provided, however, that Lessor shall have the right to require Lessee to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Lessor in no event may Landlord take its sole discretion; and further provided that if Lessee or any such action that would permanently reduce the available parking in the vicinity other particular tenant of the Building can be clearly identified as being responsible for specific damage or permanently impair Tenant’s ingress cost to or in the Common Area then Lessee, if Lessee is responsible, or such other responsible Lessee, shall pay the entire cost thereof, upon demand as Additional Rent. Lessee shall pay when due its Pro Rata Share, determined as aforesaid, of such costs and egress expenses along with the other tenants of the Building to Lessor upon demand, as Additional Rent, for the amount of its share as aforesaid of such costs and from expenses in the Buildingevent Lessor elects to perform or cause to be performed such work. Landlord has Lessee's share of said expenses shall be Additional Rent hereunder and shall be due as provided in Exhibit "B". Lessee shall keep the exclusive whole of the Premises, Building and Common Area in a clean and sanitary condition free of any trash, scraps or any material and products pertaining to its business. No area outside the Premises shall be used by Lessee for storage without Lessor's prior written approval. 2. All drives, streets, paved areas and walks are for the common use of all tenants of the Building and are a part of the Common Area. Lessor reserves the right to (i) designate impose, from time to time, and Lessee hereby agrees to abide by regulations on parking and other uses of the Common AreasArea. In addition, (ii) change Lessor reserves the designation of any Common Area and otherwise right to change, amend or modify the Common Areas, Areas and (iii) permit special the use of the Common Areas, including temporary exclusive use for special occasions; provided, however, that in no event may Landlord take any such action that would permanently reduce the available parking thereof in the vicinity discretion of the Building or permanently impair Tenant’s ingress and egress to and from the BuildingLessor. Tenant Lessor shall not unreasonably interfere with the be responsible for enforcing Lessee's parking rights of others to use the Common Areas. All use of the Common Areas shall be subject to the rules and regulations described in Section 12(b) hereof. Any temporary reduction of the available parking in the vicinity of the Building or against any temporary impairment of the ingress and egress to and from the Building shall (x) occur only during cases of emergency or as reasonably necessary in connection with any repairs, alterations or construction by Landlord, and (y) be accomplished in such a manner to allow minimal interference with Tenant’s access to, and parking on, the Common Areas to the extent practicable in light of the then-current situationthird parties.