Common use of Common Areas Clause in Contracts

Common Areas. Common Areas" shall mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premises.

Common Areas. Common Areas" shall mean all All parking areas, spacesaccess roads and facilities furnished, made available or maintained by landlord in or near the Center, including employee parking areas, truck ways, driveways, loading docks and areas, delivery areas, multi-story parking facilities, package pickup stations, elevators, escalators, pedestrian sidewalks, malls, including the Enclosed Mall (as indicated for identification purposes on Exhibit "B"), courts and ramps, landscaped areas, retaining walls, stairways, bus stops, first-aid and comfort stations, lighting facilities, COMMON AREA PLUMBING AND sanitary systems, utility lines, COMMON AREA HVAC SYSTEMS AND EQUIPMENT, water filtration and treatment facilities and equipment (whether or not located within the Building) made available other areas and improvements provided by Landlord for the general use in common of tenants and joint use their customers and department stores in the Center (all herein called "Common Areas") shall at all times be subject to the exclusive control and management of Landlord, and Landlord shall have the right, from time to time, to establish, modify and enforce reasonable rules and regulations with respect to all Common Areas. Tenant agrees to comply with all rules and others designated by Landlord using or occupying space regulations set forth in the Building, including but not limited to, any tunnels, walkways, sidewalks Exhibit "D" attached hereto and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators all reasonable amendments thereto. ANY MODIFICATIONS TO THE RULES AND REGULATIONS THAT ARE ADOPTED BY LANDLORD SHALL BE NON-DISCRIMINATORY WITH RESPECT TO ALL TENANTS OF THE CENTER AND SHALL BECOME EFFECTIVE ONLY AFTER NOT LESS THAN THIRTY (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord30) DAYS PRIOR WRITTEN NOTICE TO TENANT. IN THE EVENT OF ANY INCONSISTENCY BETWEEN ANY SUCH RULES AND REGULATIONS AND THE PROVISIONS OF THIS LEASE (INCLUDING ANY INCONSISTENCY BETWEEN RIGHTS GRANTED UNDER THIS LEASE AND RESTRICTIONS CREATED UNDER THE RULES AND REGULATIONS), drinking fountains and any such other areas and facilities as are reasonably designated by THE TERMS OF THIS LEASE SHALL PREVAIL. Landlord shall have the right from time to time as Common Areas. "Service Corridors" shall mean all loading docksIN ITS REASONABLE DISCRETION to: change or modify and add to or subtract from the sizes, loading areas locations, shapes and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to arrangements of parking areas, spacesentrances, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have accessexits, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premises.parking aisle alignments and

Common Areas. As used herein, “Common Areas" shall mean ” means all areas, spacesaccess roads, facilities facilities, improvements, fixtures and equipment (in or near the Plaza, whether enclosed or not located within the Building) unenclosed which are now or hereafter made available by Landlord for the general use in common of tenants and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Buildingtheir customers, including but not limited towithout limitation customer and employee parking areas and facilities, any tunnelsequipment, walkwayssigns, sidewalks on-grade parking areas, seating areas, plazas, driveways, sidewalks, loading docks and driveways necessary for access to the Buildingareas, Building lobbiesdelivery areas, parking decks (if any), enclosed spaces, enclosed corridors, enclosed plazas and amenities, restrooms, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such water fixtures, hallways, lighting facilities, sanitary systems, utility lines and all other interior and exterior areas and facilities as are reasonably designated improvements provided by Landlord from time to time for the common use of all tenants and their customers. Except as Common Areas. "Service Corridors" shall mean all loading docksotherwise provided in this Lease, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" its employees and invitees will refer to areas, spaces, facilities and equipment serving have the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive non-exclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposesTerm, such use to be in common with others designated by Landlord, other tenants of the Plaza and other persons permitted by Landlord or by law to use the same (in such manner as Landlord may elect or agree with such other tenants and persons). All Common Areas will be subject to the terms exclusive control of Landlord and conditions will be operated and maintained in such manner as Landlord in its sole discretion shall determine, provided Landlord shall operate and maintain the Common Areas in good order and condition consistent with similar commercial properties in the geographic region in which the Plaza is located. Landlord may temporarily close any Common Areas during days the Plaza is not open for business, or on such other days to make repairs or changes, to prevent the accrual of this Leaserights to any person or the public or for other reasonable purposes. The BuildingLandlord shall have the right to permit entertainment events, the placement of kiosks, carts, advertising and other displays, seating, planters and other improvements in the Common Areas, Service Corridors and Service to convert the Common Areas will be at all times under to retail areas. In addition, Landlord reserves the exclusive controlright to construct, management and operation of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not includemaintain, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe operate lighting and other vertical shafts facilities, temporary and/or permanent improvements and ductsbuildings, fluesequipment and signs on all parts of the Common Area; to increase, stairwellsreduce or change the number, any area above the acoustical ceiling size, height, layout, or locations of buildings, walks, parking, driveways, entrances, exits, and any other areas not specifically shown on Exhibit B as being Common Areas now or hereafter forming a part of the PremisesPlaza; to police the Common Area; to restrict parking by tenants and other occupants of the Plaza and their employees, agents and invitees; to discourage or prohibit non-customer parking; to employ and discharge all personnel with respect to maintenance operations and policing of equipment of said Common Area. Landlord, in its sole discretion, may delegate its rights and duties herein with regard to the Common Area (or any part thereof) to an independent contractor or management company, which may or may not be an affiliate of Landlord (it being agreed that to the extent required by Landlord in its sole discretion, Tenant shall pay the costs of such service directly to the provider of such services prior to delinquency, and Tenant’s failure to do so shall be an Event of Default under this Lease to the same extent as a failure to pay Additional Rent wherein due). Notwithstanding anything to the contrary in this Lease, in the event that Landlord does not maintain the entire Common Areas in the Plaza, in that the other tenants occupying outparcels located within the Plaza have the right to and may maintain all or a portion of the Common Areas, then and in that event, for the length of time such conditions may exist, Landlord’s responsibility shall only be towards the maintenance of those portions of the Common Areas not maintained by other tenants occupying outparcels located within the Plaza located within the Plaza.

Common Areas. The term “Common Areas" shall mean ” is defined for all purposes of this Lease as that part of the Project and/or Complex intended for the common, non-exclusive use of all tenants, including among other facilities (as such may be applicable to the Complex), the ground floor lobby, elevator lobbies and hallways on multi-tenant floors, parking areas, spacesprivate streets and alleys, facilities landscaping, curbs, loading areas, sidewalks, malls and equipment promenades (whether enclosed or not located otherwise), lighting facilities, drinking fountains, meeting rooms, public toilets, the parking garage, and the like, but excluding: (i) space in buildings (now or hereafter existing) designated for rental for commercial purposes, as the same may exist from time to time; (ii) streets and alleys maintained by a public authority; (iii) areas within the Building) made available Complex which may from time to time not be owned by Landlord for (unless subject to a cross-access agreement benefiting the common area which includes the Premises); and joint use (iv) areas leased to a single-purpose user where access is restricted. In addition, although the roof(s) of Landlord, Tenant and others designated by Landlord using or occupying space the building(s) in the BuildingComplex is not literally part of the Common Areas, including but not limited toit will be deemed to be so included for purposes of: (i) Landlord’s ability to prescribe rules and regulations regarding same; and (ii) its inclusion for purposes of Operating Costs reimbursements. Landlord reserves the right to change from time to time the dimensions and location of the Common Areas, as well as the dimensions, identities, locations and types of any tunnelsbuildings, walkwayssigns or other improvements in the Complex. For example, sidewalks and driveways necessary without limiting the generality of the immediately preceding sentence, Landlord may from time to time substitute for access any parking area other areas reasonably accessible to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building or Complex, as applicable, which areas may be elevated, surface or underground. Tenant, and others designated by Landlord)its employees and customers, drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open when duly authorized pursuant to the public but which are available for use by Tenant provisions of this Lease, its subtenants, licensees and others designated by Landlord. "Service Areas" will refer to areasconcessionaires, spaces, facilities and equipment serving shall have the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive non-exclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposes(excluding roof(s)) as constituted from time to time, such use to be in common with others designated by Landlord, other tenants in the Building and/or Complex, as applicable, and other persons permitted by the Landlord to use the same, and subject to rights of governmental authorities, easements, other restrictions of record, and such reasonable rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the terms generality of Landlord’s ability to establish rules and conditions regulations governing all aspects of this Lease. The Building, the Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premises.follows:

Common Areas. Common Areas" 5.1 Tenant, and it licensees, concessionaires, employees and customers shall mean all areas, spaces, facilities and equipment (whether or not located within have the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive non-exclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposesas constituted from time to time, such use to be in common with others designated Landlord, other Tenants of Shopping Center and other Tenants of Shopping Center and other persons entitled to use the Common Area, subject to such reasonable rules and regulations as Landlord may from time to time prescribe, provided that Landlord shall provide Tenant with at least sixty (60) days prior written notice of any such rule or regulation. Landlord may require that automobiles owned by Tenant, its licensees, concessionaires and employees be parked in specific portions of the Common Areas. Upon reasonable written request by Landlord, subject Tenant shall have thirty (30) days to furnish to Landlord a complete list of the terms license numbers of all automobiles operated by Tenant, its licensees, concessionaires and conditions of this Leaseemployees. The BuildingIf Tenant, its licensees, concessionaires and employees fail to park their cars in the designated Common Areas, Service Corridors Landlord shall have the right in its sole discretion to (i) charge Tenant ten Dollars ($10.00) per day per car parked in any Common Areas other than those designated, and/or (ii) have such car(s) physically removed from the Shopping Center at Tenant’s expense without any liability whatsoever to Landlord. Tenant shall not interfere with the rights of other persons to use the Common Areas. Landlord may temporarily close any part of the parking facilities or other portions of the Common Areas for such minimal periods of time as may be reasonably necessary for (i) temporary use as a work area in connection with the construction of buildings or other improvements within the Shopping Center or contiguous property, (ii) repairs or alterations in or to the Common Areas or to any sewers, utility facilities or distribution lines located within the Common Areas, (iii) preventing the public from obtaining prescriptive rights in or to the Common Areas, (iv) security reasons, or (v) doing and Service performing such other acts (whether similar or dissimilar to the foregoing) in, to and with respect to, the Common Areas as in the use of good business judgment the Landlord shall reasonably determine to be appropriate for the Shopping Center, provided however, that Landlord shall use reasonable efforts not to unduly interfere with or disrupt Tenant’s business. Notwithstanding anything to the contrary contained in this lease, Landlord shall not be permitted to take any action with respect to the Common Areas and/or parking areas or make any changes, repairs, temporary closings or modifications to the Common Areas and/or parking areas, if the same will (1) cause a change in the size, location, orientation or visibility of the Premises or the Shopping Center, (2) reduce or impede access to the Premises or the Shopping Center, or (3) reduce the proximity of the Premises to the parking areas or the impact the convenience of the parking facilities to the Premises or block Tenants drive through facility. The parking ratio for the Shopping Center at the Rental Commencement Date will be at all times under 5.41 parking spaces for each 1,000 rentable square foot of space in the exclusive Shopping Center. Notwithstanding anything to the contrary contained in this lease, if any event or action or omission by Landlord renders the parking facilities for the Shopping Center for whatever reason inaccessible, unusable, unsafe, or which causes the number of parking spaces for the Shopping Center to be reduced below applicable local code requirements (which reasons may include but are not limited to repairs, maintenance, casualty, condemnation, or displacement or dislocation caused by future construction), Landlord shall immediately provide substitute parking facilities for Tenant’s use and its invitees which facilities shall (i) cause no net reduction in Tenant’s parking space allocation, (ii) be similarly convenient in terms of location, quality and safety, and (iii) except in the case of an emergency, be designated by prior written notice to Tenant. Please initial: Landlord: Tenant: 5.2 Tenant agrees to pay as additional rent, as herein provided, its share of expense commercially reasonable and necessarily incurred by Landlord for the operation and maintenance of the Common Areas (“CAM Expenses”), including without limiting the generality of the foregoing, costs incurred for lighting, painting, cleaning, central trash disposal (if Landlord elects to provide), traffic control, policing, security, landscaping and repairing the Common Areas, hazard and public liability insurance and property damage insurance, all water consumed in Shopping Center which is not separately metered to Tenants (single or multiple) thereof together with an allowance of 10% of CAM Expenses, other than taxes and insurance, for Landlord’s direct overhead but excluding depreciation of Landlord’s original investment in Shopping Center. Notwithstanding anything to the contrary contained in this lease, additional rent shall not include the following: (1) capital expenditures required by Landlord’s failure to comply with any law, statute, regulation, or other governmental or quasi-governmental requirement; (2) costs incurred for capital improvements to reduce CAM Expenses above the amount actually saved as the result of such capital improvements; (3) rent for a management office and rent and expenses for a marketing office; (4) any amounts paid to any person, firm or corporation related to or otherwise affiliated with Landlord or any general partner, officer, director or shareholder of Landlord or any of the foregoing, to the extent the same exceeds arm’s length competitive prices paid in Clearwater, Florida for similar services or goods; (5) costs incurred to remove any hazardous materials or other toxic material or substances from either the Shopping Center; (6) costs relating to maintaining Landlord’s existence, either as a corporation, partnership, trust or other entity, such as trustee’s fees, annual fees, partnership expenses, and legal and accounting fees (other than with respect to Shopping Center operations); (7) Landlord’s general overhead expenses above the ten percent (10%) cap described above; (8) costs and expenses resulting from the negligence or willful misconduct of Landlord or its employees, contractors or agents; and (9) attorney’s fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants, other occupants of the Shopping Center, or other third parties and roof repair or replacement as set forth in Section 8.1 below. CAM Expenses shall be reduced by all cash discounts, trade discounts or quantity discounts received by Landlord or Landlord’s managing agent in the purchase of any goods, utilities or services in connection with the prudent operation of the Shopping Center. In the calculation of any CAM Expenses hereunder, it is understood that no expense shall be charged more than once. Landlord shall use its best efforts in good faith to effect an equitable proration of bills for services rendered to the Shopping Center and to any other property owned by Landlord or an affiliate of Landlord. In the event there exists a conflict as to an expense which is specified to be included in CAM Expenses and is also specified to be excluded from CAM Expenses within the above list, the exclusions listed above shall prevail and the expenses shall be deemed excluded. Landlord shall not recover more than 100% of the CAM Expenses actually incurred by Landlord. Capital expenditures required due to changes in applicable governmental or other regulations that were not required when the building was built shall be considered CAM Expenses. The share to be paid by Tenant agrees shall be that percentage of CAM Expenses which the Gross Leased Area of the Premises bears to the Gross Leased Area of the Shopping Center. Landlord and acknowledges Tenant agree that the Gross Leased Area of the Premises shall be determined based on the “as built” site plan approved by the appropriate governmental authority. Upon such approval Landlord shall submit to Tenant a copy of the approved site plan along with a calculation of the Gross Leased Area for the Premises. Landlord shall, within ninety (whether consisting 90) days after the commencement of less each Lease Year, notify Tenant in writing of the monthly charges due from Tenant based upon the Landlord’s good faith estimate of annual CAM Expenses. Within ninety (90) days after the close of each calendar year, Landlord will furnish to Tenant a detailed statement of the expenses relating to the Common Areas for such year, such statement to be prepared in accordance with generally accepted accounting practices and to include Tenant’s proportionate share of the expenses relating to the Common Areas computed as herein provided. Any necessary adjustments (in the form of an additional payment or a refund from Landlord to Tenant) shall be made sixty (60) days after delivery of such statement. Landlord agrees to retain the books and records substantiating the CAM Expenses incurred in each calendar year for a period of at least three (3) years from the date Landlord submits an annual statement to Tenant. Tenant or its designee shall have the right, during business hours and upon reasonable prior notice, from time to time to inspect Landlord’s books and records relating to CAM Expenses, and/or to have such books and records audited at Tenant’s expense by a certified public accountant designated by Tenant. Any audit that discloses a discrepancy of more than five percent (5%) in the annual CAM Expenses shall be at Landlord’s expense and Landlord shall reimburse Tenant for such cost (including reasonable attorneys’ fees) within thirty (30) days of the result of the audit. Any discrepancy shall be promptly corrected by a payment of any shortfall to Landlord by Tenant within thirty (30) days after the applicable audit, or by a credit against the next payment(s) of rent hereunder or (at Tenant’s election) a refund from Landlord of the overpaid amount within thirty (30) days, as may be applicable. In the event Tenant does not contest a statement of CAM Expenses within three (3) years after it is rendered, such statement shall become binding and conclusive on both Landlord and Tenant, except that any such statement which may contain material misrepresentations shall not be binding and conclusive on Tenant. In the event Landlord shall fail to invoice Tenant for any CAM Expenses pursuant to this article within one floor (1) year, then Landlord shall be deemed to have waived its right to collect such CAM Expenses. In addition, in the event that Landlord shall fail to invoice Tenant for any CAM Expenses pursuant to this article within six (6) months following the expiration or one termination of the term of this lease, then Landlord shall be deemed to have waived its right to collect such CAM Expenses. 5.3 In the event Tenant is not billed directly by the appropriate authority for water consumed on the Premises and/or for sewer rents or more full floors charges, the xxxx rendered by Landlord for the above shall be based upon Tenant’s prorated share of such service as reasonably determined by Landlord and shall be payable by Tenant within the Buildingthirty (30) do not includedays of receipt of Landlord’s xxxx, and such costs or expenses incurred or payments which are made by the Landlord hereby expressly reserves for its sole water or sewer service used on the Premises shall be deemed to be CAM Expenses payable by Tenant and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B collectible by Landlord as being part of the Premisessuch.

Common Areas. “Common Areas" ” shall mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, the Garage, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "“Service Corridors" ” shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "“Service Areas" ” will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease. , including, without limitation, the Rules and Regulations and the Parking Agreement attached hereto as Exhibit F. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of the Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premises.

Common Areas. Common Areas" shall will mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities facilities, if any, as are reasonably designated by Landlord from time to time as Common Areas. Common Areas shall not include the Garage. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease, including, without limitation, the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of the Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B A as --------- being part of the Premises.

Common Areas. “Common Areas" ” shall mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any conference centers, fitness centers (subject to any written indemnification or waiver agreements required by Landlord from any users of such fitness centers), tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, the Garage, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "“Service Corridors" ” shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "“Service Areas" ” will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease. , including, without limitation, the Rules and Regulations and the Parking Agreement attached hereto as Exhibit F. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of LandlordLandlord and Property Manager. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premises.. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One

Common Areas. Common Areas" shall mean all areas, spaces, facilities and equipment Landlord hereby grants to Tenant a non-exclusive license to use (whether or not located within i) the Building) made available parking areas provided by Landlord in the Shopping Center for the common accommodation and joint use parking of Landlord, vehicles of Tenant and others designated by Landlord using or occupying space its officers, agents and employees and customers while such customers are shopping in the BuildingPremises or in any other portion of the Shopping Center, (ii) the public conveniences of the Shopping Center, including but not limited toany connecting passageways and lobbies used in conjunction with hotels and/or office buildings, any tunnelsand (iii) all other areas in the Shopping Center, walkwaysincluding the enclosed mall, sidewalks and driveways necessary for access to be used in common by tenants of the BuildingShopping Center, Building lobbies, landscaped such parking areas, public corridorsconveniences and other common areas being hereafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, public rest rooms, Building stairs, elevators open Landlord retains and reserves the non-exclusive right to the public, service elevators (provided that such service elevators shall be available only for tenants use of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to . A. Exhibit A sets forth the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants general layout of the Building Shopping Center, but shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Shopping Center will not have accessbe or will continue to be exactly as indicated on said diagram, and Landlord reserves the right to (i) increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of any of the Common Areas or the buildings comprising the Shopping Center, (ii) make changes, additions, subtractions, alterations or improvements in or to such Common Areas, including, but not limited to, mechanicalthe construction of decked or subsurface parking, telephone(iii) withdraw portions of the Shopping Center from Common Area or add Common Area to the Shopping Center, electrical including non-contiguous parcels for parking and similar rooms other related Shopping Center purposes and air (iv) construct buildings, additional Department Stores, kiosks and water refrigeration equipmentother improvements in the Common Areas. Tenant is hereby granted a nonexclusive shall have no rights with respect to the land or improvements below floor slab level or above the interior surface of the ceiling of the Premises or air rights above the Premises. B. Landlord shall not, pursuant to Subsection 4.1A, create any permanent, substantial, adverse interference with access to or visibility of the Premises from the covered mall upon which the front of the Premises abuts. However, this provision shall not preclude Landlord from installing carts or erecting kiosks or similar improvements anywhere in the covered mall, so long as any kiosks or similar improvements which are located in front of the Premises are approximately centered in the mall. Tenant's sole remedy in the event of Landlord's failure to comply with this Subsection 4.1B shall be to terminate this Lease. In the event Tenant, as the result of Landlord's failure to so comply, shall exercise its right to use terminate this Lease, Landlord shall pay, within [***] days following the Common Areas date Tenant vacates and Service Corridors during surrenders the Premises, the then unamortized cost of the permanent leasehold improvements (excluding, inter alia, trade fixtures and equipment, furnishings, decorations, inventory and other items of personal property) initially made by Tenant pursuant to Article 2 of this Lease, assuming a useful life equal to the length of the original Term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown amortization on Exhibit B as being part of the Premises.a straight line ---------- *** confidential treatment requested

Common Areas. Common Areas" shall mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access In addition to the Buildingexclusive right to occupy and use the Premises, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open Landlord grants to Tenant the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas of any shared Property. Common Areas include all areas within the Property that are available for the common use of Landlord and Service Corridors during Tenant. Common Areas include, but may not be limited to, driveways, access roads, transport delivery areas, restrooms, break rooms, parts rooms and Buildings dedicated for providing services used by Landlord and Tenant such as vehicle detail areas and paint and body repair areas. Tenant’s and Landlord’s rights to use Common Areas are nonexclusive and shall be exercised by Landlord and Tenant in a manner that does not interfere with the Term use of this Lease for their intended purposesthe Common Areas by the other party. However, with the mutual consent of the parties, certain Common Areas such as break rooms and parts rooms may be allocated to the exclusive use of one of the parties. At any time after the first anniversary of the Commencement Date and provided Landlord delivers to Tenant 180-days advance written notice, Landlord may remove existing ancillary buildings, such as detail or paint and body structures being shared by Landlord or Tenant and remove them from the Common Areas, in common with others designated which case the Premises shall no longer include, and Tenant shall no longer use, said specific buildings as portions of the Common Areas. If Landlord removes the existing buildings from the Common Areas, thereby making them unavailable to Tenant, then Tenant may, but shall not be required to, construct similar buildings on the Premises in a location reasonably adjacent to Lifts or other Equipment or Parking Spaces allocated to Tenant and approved by Landlord, subject to the terms and conditions of this Leasewhich approval shall not be unreasonably withheld, conditioned or delayed. The Building, Common Areas, Service Corridors and Service Areas will Such construction shall be at all times under the exclusive control, management and operation of Tenant’s cost but without any additional rent payable to Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premises.

Common Areas. “Common Areas" ” shall mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any conference centers, fitness centers, tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, the Garage, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "“Service Corridors" ” shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "“Service Areas" ” will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease. , including, without limitation, the Rules and Regulations and the Parking Agreement attached hereto as Exhibit F. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of LandlordLandlord and Property Manager. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premises.

Common Areas. Common Areas" shall mean all areasThe premises are to be located as approved by the parties as shown on the plot plan marked Exhibit "A", spaces, facilities attached hereto and equipment (whether or not located within incorporated herein. LESSOR agrees that the Building) made available use and occupancy by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants LESSEE of the Building premises shall include the use, nonexclusive and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposes, in common with others designated by Landlordentitled thereto in said Shopping Center including its customers, subject suppliers, visitors and invitees, of the common areas, employees' parking areas, service roads, loading facilities, (except truck loading and unloading areas which are for the exclusive use of the particular tenant for which they are provided), sidewalks, and customers' parking areas, all as shown on Exhibit "A", and all future facilities and common areas designed for common use, all of such areas and facilities being hereinafter collectively termed "common areas", subject, however, to the terms and conditions hereinafter set forth. The LESSOR covenants and agrees that it shall maintain the common areas of the Shopping Center in good operating condition and repair (hereinafter called "common area maintenance"), adequately drained and reasonably free from rubbish and debris, any grass mowed, properly landscaped and the LESSOR shall promptly stockpile or remove all snow and ice from the sidewalks, parking and driveway areas and cause all remaining surface ice to be treated with sand, salt or similar abrasive. The LESSOR shall resurface the sidewalk, parking and driveway areas when the same shall be reasonably necessary together with the restriping of the parking areas. The LESSOR shall keep the common areas of the Shopping Center well lighted during such hours of darkness as LESSEE shall remain open for business and for a period of one (1) hour thereafter. COMMON AREA MAINTENANCE REIMBURSEMENT. LESSEE agrees to pay as additional rent, pursuant to paragraph 6F hereof, Twenty-Four Thousand Dollars and No Cents ($24,000.00) as LESSEE'S estimated annual pro rata share (determined by the proportion which the number of square feet of floor space in the premises bears to the number of square feet of floor space in all buildings in the proposed Shopping Center as depicted on Exhibit "A" hereof; provided however, that until such time as buildings are erected on the pads designated as Shop A, Store F, Shop G, Pad 1, Pad 2, and Pad 4 on Exhibit "A" hereto ["EXCLUSION PADS"], LESSEE'S pro rata share shall be determined by excluding from the "number of square feet of floor space in all buildings in the proposed Shopping Center as depicted on Exhibit "A" hereof" the number of square feet of floor space in the building area designated for such of the EXCLUSION PADS as have not been subjected to construction of buildings; PROVIDED, that any of the EXCLUSION PADS on which no construction of buildings has commenced shall be graded and maintained in a neat, clean, and orderly condition) of the expense of common area maintenance of the Shopping Center shown on Exhibit "A" attached, including, within the meaning of the phrase "expense of common area maintenance", costs of resurfacing, repainting and restriping, cleaning, sweeping, and other janitorial services, policing, planting and relandscaping, real property taxes and assessments levied and assessed against the common areas (as provided in paragraph 8 hereof), premiums on public liability and property damage insurance covering the common areas (as provided in paragraph 9 hereof), the cost of maintaining and operating the signs referred to in paragraph 3 hereof, and an administrative fee which shall not exceed five percent (5%) of the annual common area maintenance expense (exclusive of said administrative fee and exclusive of real property taxes and insurance premiums pertaining to the common area), for the first year of the lease term. LESSEE'S pro rata share shall be payable monthly in the amount of Two Thousand and No/100 Dollars ($2,000.00). On or about the conclusion of the first year of the Lease term, representatives of LESSOR and LESSEE shall meet and review the actual costs applicable to such first year of the Lease term. If the actual costs exceed that paid by LESSEE, the difference shall be paid within thirty (30) days following the determination of such actual costs. If such costs are less than such sum paid, LESSEE shall receive a credit against the next rent due pursuant to this Lease, for the difference. For the remainder of the calendar year following the expiration of the first year of the Lease term, an amount shall be paid which is the estimated amount of maintenance charges determined as set forth in the following paragraph. During succeeding years of the lease term and renewal terms, the above-described additional rental shall be calculated as hereinafter set forth. Within thirty (30) days after the end of each calendar year, during the original term or any renewal term of this Lease, LESSOR agrees to furnish to LESSEE a statement itemized in reasonable detail, setting forth the total expenses for such common area maintenance charges for such calendar year. The Building, Common Areas, Service Corridors LESSOR and Service Areas will be at all times under the exclusive control, management LESSEE shall meet and operation review said itemized statement; determine LESSEE'S pro rata share thereof (as hereinabove defined) and make adjustments for underpayment of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting LESSEE'S pro rata share which underpayment LESSEE shall pay with LESSEE'S next monthly payment of less than one floor or one or more full floors within the Building) do not includesaid expenses, and Landlord hereby expressly reserves for its sole overpayment of LESSEE'S pro rata share, which overpayment shall be credited against LESSEE'S next monthly payment of said expenses. At such meeting LESSOR shall prepare and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part present an estimate of LESSEE'S pro rata share of the Premisesexpenses of maintaining the common area maintenance for the succeeding calendar year, which estimate shall be subject to the approval of LESSEE. Upon such approval (which shall not be unreasonably withheld) LESSEE'S monthly payment of said pro rata share shall be adjusted accordingly.

Common Areas. Tenant shall have the non-exclusive right, subject to the Rules and Regulations referred to in Section 30 below, any CC&Rs and/or any REA's (as such terms are defined in Subparagraph 13(e) hereunder) to use in common with other tenants in the Building and the Development, as the case may be, the following areas ("Common Areas" shall mean all ") appurtenant to the Development: (a) The Building's common entrances, lobbies, restrooms, freight and passenger elevators, escalators, stairways and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, shafts, wires and appurtenant equipment serving the Premises; and (b) Loading and unloading areas, spacestrash areas, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlordparking areas, Tenant and others designated by Landlord using or occupying space in the Buildingroadways, including but not limited to, any tunnelssidewalks, walkways, sidewalks parkways, driveways, landscaped areas and driveways necessary for access similar areas and facilities appurtenant to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to . The parties acknowledge that certain of the public, service elevators (provided that such service elevators foregoing items listed in Subparagraph 2.3(i) shall be available only for tenants located on full floors leased by Tenant, in which case, such items shall be deemed a part of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated RSF of the Premises pursuant to BOMA Guidelines but shall nevertheless be constructed by Landlord in accordance with the Base Building Plans. Landlord reserves the right from time to time as Landlord reasonably deems necessary, consistent with the quality of a first-class low rise office building complex: (1) To make changes to the Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, (including construction of a parking structure), loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways, so long as Tenant's reserved parking spaces and other parking privileges are not limited tomaterially and adversely affected thereby, mechanical, telephone, electrical the number of Tenant's parking spaces are not reduced and similar rooms access to the Premises and air Tenant's parking spaces are not materially and water refrigeration equipment. Tenant is hereby granted a nonexclusive right adversely affected; (2) To close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises and the Parking Area remains available; (3) To use the Common Areas and Service Corridors during the Term of this Lease for their intended purposeswhile engaged in making additional improvements, in common with others designated by Landlord, subject repairs or alterations to the terms Building or the Development, or any portion thereof, provided Tenant's use and conditions occupancy of this Lease. The Buildingthe Premises are not materially and adversely affected; (4) To add additional improvements to the Common Areas of the Development (other than to the Building unless required by Applicable Law or, without any obligation to do so, to make the Building safer or more efficient); and (5) To do and perform such other acts and make such other changes in, to or with respect to the Common Areas, Service Corridors the Building or the Development as Landlord may, in the exercise of sound business judgment, deem to be appropriate, provided Tenant's use and Service Areas will be at all times under the exclusive control, management and operation occupancy of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within and the Building) do Parking Area are not include, materially and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premisesadversely affected.

Common Areas. Common The areas of the shopping center shown on the plot plan designated Exhibit "A" as parking areas shall at all times be maintained as Parking Areas. The expression "Parking Areas" shall mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks means parking spaces and driveways necessary for access to and footways and includes the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to areas shown as parking areas on the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any plot plan plus such other areas and facilities as are reasonably designated by Landlord shall from time to time designate as Common Parking Areas. The area marked "Service CorridorsSERVICE" upon the plot plan, excepting reasonable areas adjacent to service doors, shall mean all loading docks, loading be maintained during the term hereof as service roads and areas and all corridors that are not open to (the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" "). The Parking Areas, the Service Areas, the sidewalks, the pedestrian ramps, and the entrances and exits of the shopping center are herein called "the Common Areas". The Common Areas plus the lighting system and the drainage system servicing the Common Areas, plus all directional signs, plus any pylon signs, plus any landscaped areas within the shopping center plus any other common facilities in the shopping center are called "the Common Facilities". Subject to Section 37 Landlord agrees that at all times there will refer be free and uninterrupted access (i) for motor vehicles between each of the public streets adjacent to areasthe shopping center and the Parking Areas and the service doors of the demised premises, and (ii) for pedestrians between the Parking Areas and the demised premises. The parking spaces, facilities driveways and equipment serving footways in the Building (whether or not located within Common Areas, the Building) but to which Tenant entrances and other occupants exits of the Building will not have accessCommon Areas, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the lighting system servicing the Common Areas and Service Corridors during the Term traffic flow pattern of this Lease for their intended purposesthe Common Areas shall not be changed from the layout thereof shown upon the plot plan, without the consent of Tenant in common with others designated by Landlordwriting. If any highway median strip crossover now existing near the shopping center shall be relocated, or if the installation of a highway median strip hereafter shall include a cross-over near the shopping center, then Landlord shall, subject to Tenant's approval, use its best efforts to make such relocation of the terms entrances, exits and conditions driveways of this Leasethe shopping center and such changes in the traffic flow pattern of the shopping center as shall be reasonably necessary, practical and safe to conform the same to the new median strip cross-over if permitted by public authorities having jurisdiction. The BuildingLandlord agrees that the Parking Areas within the shopping center will always contain at least four and seven tenths (4.7) parking spaces for so-called standard size American automobiles, and driveways and footways incidental thereto, for each one thousand (1,000) square feet of floor area in the shopping center. All such parking spaces in the shopping center shall be no less than ten feet in width. If any Parking Areas, Service Areas, Common Areas, Service Corridors and Service Areas will Common Facilities or any part or parts thereof shall be at all times under modified, changed or altered by or as a result of demand from any state, county, local or other governmental authority or public utility beyond the exclusive control, management and operation control of Landlord, then it is understood that such modification, change or alteration shall not constitute a breach of any agreements or covenants referred to in the Lease. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do This provision does not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premisesapply to condemnation.

Common Areas. Common Areas" shall mean all All parking areas, spacesaccess roads and facilities furnished, facilities and equipment (whether or not located within the Building) made available or maintained by Landlord in or near the Center, including employee parking areas, truck ways, driveways, loading docks and areas, delivery areas, multi-story parking facilities (if any), package pickup stations, elevators, escalators, pedestrian sidewalks, malls, including the enclosed mall portion of the Center, courts and ramps, landscaped areas, retaining walls, stairways, bus stops, first-aid and comfort stations, lighting facilities, sanitary systems, utility lines, water filtration and treatment facilities, and other areas and improvements provided by Landlord for the general use in common and joint use of Landlord, Tenant tenants and others designated by Landlord using or occupying space in with the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas (hereinafter defined) and Service Corridors during their customers in the Term of this Lease for their intended purposes, in common with others designated by Landlord, Center (all herein called "Common Areas") shall at all times be subject to the terms exclusive control and conditions management of this LeaseLandlord, and Landlord shall have the right, from time to time, to establish, modify and enforce reasonable rules and regulations with respect to all Common Areas. The BuildingSUCH RULES AND REGULATIONS SHALL BE UNIFORMLY APPLIED IN A CONSISTENT MANNER TO SIMILARLY SITUATED TENANTS. Tenant agrees to comply with all rules and regulations set forth in Exhibit "E" attached hereto and all reasonable amendments thereto. EXCEPT AS PROVIDED IN SECTION 24.20 (B), Landlord shall have the right from time to time to: change or modify and add to or subtract from the sizes, locations, shapes and arrangements of parking areas, entrances, exits, parking aisle alignments and other Common Areas, Service Corridors and Service Areas will be at all times under the exclusive controlprovided, management and operation of Landlord. Tenant agrees and acknowledges however, that the Premises size of parking areas on Landlord's Tract shall not be substantially reduced AND PROVIDED FURTHER THAT SUCH CHANGES SHALL NOT MATERIALLY ADVERSELY AFFECT THE USE, ACCESS OR VISIBILITY OF THE PREMISES; restrict parking by Tenant's employees to designated areas; construct surface, sub-surface or elevated parking areas and facilities; establish and from time to time change the level or grade of parking surfaces; enforce parking charges (whether consisting of less than one floor by meters or one otherwise) with appropriate provisions for ticket validation; add to or more full floors within subtract from the Building) buildings in the Center; and do not include, and perform such other acts in and to said Common Areas as Landlord hereby expressly reserves for in its sole discretion, reasonably applied, deems advisable for the use thereof by tenants and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premisestheir customers. LANDLORD SHALL NOT REDUCE THE NUMBER OF PARKING SPACES BELOW LOCAL CODE REQUIREMENTS.

Common Areas. Common Areas" shall will mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord)., drinking fountains and any such other areas and facilities facilities, if any, as are reasonably designated by Landlord from time to time as Common Areas. Common Areas shall not include the Garage. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, areas spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease, including, without limitation, the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of the Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B A as being part of the Premises.

Common Areas. Common Areas" shall will mean all areas, spacesspace, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public Public rest rooms, Building stairs,, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities facilities, if any, as are reasonably designated by Landlord from time to time as Common Areas. Common Areas shall not include the Garage. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease, including, without limitation, the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of the Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B A as being part of the Premises.

Common Areas. Tenant shall have the nonexclusive right (in common with other tenants or occupants of the Project, Landlord and all others to whom Landlord has granted or may hereafter grant such rights) to use the Common Areas, subject to such reasonable rules and regulations of general application as Landlord may from time to time impose. Landlord may at any time close temporarily any Common Areas to make repairs or changes therein or to effect construction, repairs, or changes within the Project, or to prevent the acquisition of public rights in such areas, or to discourage parking by parties other than tenants, and may do such other acts in and to the Common Areas as in its judgment may be desirable so long as such other acts do not materially interfere with Xxxxxx's use of the Premises. Landlord may from time to time permit portions of the Common Areas to be used exclusively by specified tenants. Landlord may also, from time to time, place or permit customer service and information booths, kiosks, stalls, push carts and other merchandising facilities in the Common Areas. "Common Areas" shall mean with respect to any Building, any of the following or similar items to the extent they are included in such Building, (a) the total square footage of areas of the Building devoted to non-exclusive uses such as ground floor lobbies and elevator foyers; fire vestibules; mechanical areas; restrooms and corridors on all areas, spaces, facilities floors; elevator foyers and lobbies on multi-tenant floors; electrical and janitorial closets; telephone and equipment (whether or not located within the Building) made available by Landlord rooms; and other similar facilities maintained for the common benefit of Building tenants and joint use of Landlordinvitees, Tenant but shall not mean Major Vertical Penetrations; and others designated by Landlord using or occupying space (b) all parking garage vestibules, restrooms (including locker rooms and shower facilities located in the Buildinggarage), including but not limited toloading docks, any tunnelsexercise and conference facilities available for use by Project tenants (if any), walkways, sidewalks and driveways necessary for access to the Buildingroadways, Building lobbiessidewalks, surface parking areas, parkways, driveways, trash areas, mechanical areas, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to courtyards or other similar facilities maintained for the public, service elevators (provided that such service elevators shall be available only for benefit of Project tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premisesinvitees.

Common Areas. Common Areas" shall will mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of TENANTS OF the Building and others designated by Landlord), drinking fountains and any such other areas and facilities facilities, if any, as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease, including, without limitation, the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of the Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B A as being part of the Premises.

Common Areas. Common Areas" A. Tenant agrees that the use of all corridors, passageways, elevators, toilet rooms, parking areas and landscaped area in and around said Building, by the Tenant or Tenant's employees, visitors or invitees, shall mean all areas, spaces, facilities be subject to such reasonable rules and equipment (whether or not located within the Building) regulations as may from time to time be made available by Landlord for the common safety, comfort and joint use convenience of the owners, occupants, tenants and invitees of said Building and of which Tenant has received written notice, except to the extent any of the same conflict with the terms and provisions of this Lease. 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 (a) all unrestricted automobile parking areas, driveways and others designated by Landlord using or occupying space walkways, and (b) loading facilities, freight elevators and other facilities as may be constructed in the Building, including but not limited toand (c) public restrooms cafeteria, any tunnelshallways, walkwaysthe lobby, sidewalks elevators, sidewalks, hallways, stairways, common entrances and driveways necessary for access to the Building, Building lobbies, landscaped areas, other similar public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time access ways, all to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposes, in common with others designated by Landlord, 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 and of which Tenant has received written notice, except to the extent any of the same conflict with the terms and provisions of this Lease. C. Provided that none of the same shall unreasonably interfere with the conduct of Tenant's business or unreasonably increase the amount of Operating Expenses or Real Estate Taxes that Tenant would otherwise owe: (a) Landlord shall have the right to make changes or revisions in the site plan and in the Building so as to provide additional leasing area, (b) Landlord shall also have the right to construct additional buildings on the land described on Exhibit A-2 for such purposes as Landlord may deem appropriate, (c) subject to Tenant's rights in respect 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. 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. The Buildingparking areas shall include those areas designated by Landlord, Common Areasin its sole discretion, Service Corridors and Service Areas will as either restricted or unrestricted parking areas. Any restricted parking area shall be at all times under the exclusive control, management and operation of leased only by separate license agreement with Landlord. Landlord agrees to provide Tenant agrees unassigned parking spaces pursuant to the license agreement in the form of Exhibit C, and acknowledges that assigned parking spaces pursuant to the Premises (whether consisting license agreement in the form of less than one floor or Exhibit C-l. The parking spaces being made available to Tenant pursuant to this Paragraph shall be made available at the commencement of the Term and through January 1, 2000 and continuing thereafter during the balance of the Term and Renewal Terms, but only to the extent Tenant continues the initial number of parking spaces continuously. If Tenant should cease one or more full floors such parking spaces after January 1, 2000, then Landlord shall not and does not guaranty that Tenant shall be entitled to subsequently have such parking spaces available to it, provided that Landlord agrees to make such parking spaces available to Tenant again if the same become available. E. Landlord shall finalize reinstallation of carpeting in common areas within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other Building with due diligence after major construction of tenant areas not specifically shown on Exhibit B as being part of (including the Premises) has been finalized.

Common Areas. Common Areas" Subject to Article 6 of this Lease, Landlord shall mean make available at all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors times during the Term of this Lease, such automobile parking and other common areas within the exterior boundaries of the land and Building of which the Premises are a part. The term “Common Area(s)” shall mean all the portions of the Building which are not specifically leased or specifically available for lease to tenants and which have at the time in question been designated and improved for common use by or for the benefit of more than one tenant or concessionaire of the Building, including any of the following (the specific recitation of which shall not be deemed to limit the definition of “Common Area”): the land and facilities utilized as parking areas; access and perimeter roads; truck passageways (which may be in whole or in part subsurface); arcades; landscaped areas; exterior walks; stairways; stairs; directory equipment; ramps; drinking fountains; toilets and other public facilities; and bus stations and taxi stands; but excluding any portion thereof when designated by Landlord for a noncommon use, provided any portion of the Building which was not included within the Common Area shall be so included when so designated and improved for common use. All of the Common Area shall be subject to the exclusive control and management of Landlord or such other persons or nominees as Landlord may have delegated or assigned to exercise such management or control, in whole or in part, in Landlord’s place and stead. Except as otherwise set forth in the Lease, Tenant acknowledges that Landlord makes no representation or warranty whatsoever concerning the safety of the Common Area or the adequacy of any security system which is or may be instituted for the Common Area. In no event shall Tenant have the right to sell or solicit in any manner in the Common Area. As long as Tenant is not in default under this Lease for their intended purposesbeyond all applicable notice and cure periods, Tenant shall have the non-exclusive right to use in common with others designated by Landlord, subject to other tenants of the terms Building the common areas and conditions of this Lease. The Building, Common Areas, Service Corridors facilities included in the Building together with such easements for ingress and Service Areas will be at all times under the exclusive control, management egress as are necessary for Tenant’s use and operation of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part occupancy of the Premises.

Common Areas. Common Areas" Tenant shall mean all areas, spaces, facilities and equipment have the nonexclusive right (whether in common with other tenants or not located within the Building) made available by Landlord for the common and joint use occupants of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open others to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether whom Landlord has granted or not located within the Buildingmay hereafter grant such rights) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposes, in common with others designated by Landlord(defined below), subject to the terms Rules and conditions Regulations (defined below). Landlord may at any time alter, renovate, rearrange, expand or reduce some or all of this Leasethe Common Areas or temporarily close any Common Areas to make repairs or changes therein or to effect construction, repairs, or changes within the Building or Property, or to prevent the acquisition of public rights in such areas, or to discourage parking by parties other than tenants, and may do such other acts in and to the Common Areas as in its judgment may be desirable. The BuildingLandlord may from time to time permit portions of the Common Areas to be used exclusively by specified tenants. Landlord may also, from time to time, place or permit customer service and information booths, kiosks, stalls, push carts and other merchandising facilities in the Common Areas. “Common Areas” shall mean any of the following or similar items, Service Corridors as so designated from time to time by Landlord: (a) the total square footage of areas of the Building devoted to nonexclusive uses such as ground floor lobbies, seating areas and Service Areas will be elevator foyers; fire vestibules; mechanical areas; restrooms and corridors on all multi-tenant floors; elevator foyers and lobbies on multi-tenant floors; electrical and janitorial closets; telephone and equipment rooms; and other similar facilities in the Building maintained for the benefit of Building tenants, but shall not mean Major Vertical Penetrations (defined below); and (b) all parking garage vestibules; loading docks; locker rooms, exercise and conference facilities available for use by Building tenants (if any); walkways, roadways and sidewalks; trash areas; landscaped areas including courtyards, plazas and patios; and other similar facilities on the Property maintained for the benefit of Building tenants. As used herein, “Major Vertical Penetrations” shall mean the area or areas within Building stairs (excluding the landing at all times under the exclusive controleach floor), management elevator shafts, and operation of Landlord. Tenant agrees and acknowledges vertical ducts that the Premises (whether consisting of less service more than one floor or one or more full floors within of the Building) do not include, . The area of Major Vertical Penetrations shall be bounded and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above defined by the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part dominant interior surface of the Premisesperimeter walls thereof (or the extended plane of such walls over areas that are not enclosed). Major Vertical Penetrations shall exclude, however, areas for the specific use of Tenant or installed at the request of Tenant, such as special stairs or elevators.

Common Areas. Common Areas" Tenant shall mean all areashave the non-exclusive right to use in common with other tenants in the Project, spacesand subject to the rules and regulations referred to in Article 5 of this Lease, facilities and equipment (whether or not located within those portions of the Building) made available Project which are provided, from time to time, for use in common by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for other tenants of the Building and others designated by Landlord)Project (such areas, drinking fountains and any together with such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants portions of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposes, in common with others Project designated by Landlord, subject 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"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas". The term "PROJECT COMMON AREAS", as used in this Lease, shall mean the portion of the Project designated as such by Landlord, and may include, without limitation, any fixtures, systems, signs, facilities, parking areas, gardens, parks or other landscaping contained, maintained or used in connection with the Project, and may include any city sidewalks adjacent to the terms Project, pedestrian walkway system, whether above or below-grade, park or other facilities open to the general public and conditions roadways, sidewalks, walkways, parkways, driveways and landscape areas appurtenant to the Project. The location of the Project Common Areas as of the date of this Lease. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically Lease is shown on Exhibit B attached hereto. The term "BUILDING COMMON AREAS", as being part used in this Lease, shall mean the portions of the PremisesCommon Areas located within the Building designated as such by Landlord, and may include, without limitation, the common entrances, lobbies, atrium areas, restrooms, elevators, stairways and accessways, loading docks, ramps, drives, platforms, passageways, serviceways, common pipes, conduits, wires, equipment, loading and unloading areas, parking facilities and trash areas servicing the Building. The manner in which the Common Areas are maintained and operated shall be at the sole discretion of Landlord, provided that, notwithstanding the foregoing, Landlord shall maintain the Common Areas in a manner consistent with other class "A" properties in the area.

Common Areas. The term “Common Areas" shall mean Area” is defined for all areaspurposes of this Lease as that part of the Building or Complex, spacesas applicable, facilities and equipment (whether or not located within the Building) made available by Landlord intended for the common and joint use of all tenants, including among other facilities (as such may be applicable to the Building or Complex, as applicable), the ground floor lobby, elevator lobbies and hallways on multi-tenant floors, parking areas, private streets and alleys of the Building or Complex, as applicable, landscaping, curbs, loading areas, sidewalks, malls and promenades (enclosed or otherwise), lighting facilities, drinking fountains, meeting rooms, public toilets, the parking garage, and the like, but excluding: (i) space in buildings (now or hereafter existing) designated for rental for commercial purposes, as the same may exist from time to time; (ii) streets and alleys not maintained by Landlord; (iii) areas within the Building or Complex, Tenant and others designated as applicable, which may from time to time not be owned by Landlord using or occupying space (unless subject to a cross-access agreement recorded in the Buildingpublic records and benefiting the area which includes the Premises); and (iv) areas leased to a single-purpose user where access is restricted. In addition, including but although the roof(s) of the Building or buildings in the Complex are not limited toliterally part of the Common Area, they will be deemed to be so included for purposes of: (i) Landlord’s ability to prescribe rules and regulations regarding same; and (ii) its inclusion for purposes of Operating Costs reimbursements. Landlord reserves the right to change from time to time, the dimensions and location of the Common Area, as well as the dimensions, identities, locations and types of any tunnelsbuildings, walkwayssigns or other improvements in the Project, sidewalks so as long as Tenant’s Proportionate Share is not increased. For example, and driveways necessary without limiting the generality of the immediately preceding sentence, Landlord may from time to time substitute for access any parking area other areas reasonably accessible to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building or Complex, as applicable, which areas may be elevated, surface or underground. Tenant, and others designated by Landlord)its employees and customers, drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open when duly authorized pursuant to the public but which are available for use by Tenant provisions of this Lease, its subtenants, licensees and others designated by Landlord. "Service Areas" will refer to areasconcessionaires, spaces, facilities and equipment serving shall have the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive non-exclusive right to use the Common Areas and Service Corridors during Area (excluding the Term of this Lease for their intended purposesroof(s)) as constituted from time to time, such use to be in common with others designated by Landlord, other tenants in the Building or Complex, as applicable, and other persons permitted by the Landlord to use the same, and subject to rights of governmental authorities, easements and other restrictions of record, and such reasonable rules and regulations governing use as Landlord may from time to time prescribe. Without limiting the terms and conditions of this Lease. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation generality of Landlord. ’s ability to establish rules and regulations governing all aspects of the Common Area, Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premises.follows:

Common Areas. Common Areas" Tenant shall mean all areashave the non-exclusive right to use in common with other tenants in the Project, spacesand subject to the rules and regulations referred to in Article 5 of this Lease, facilities and equipment (whether or not located within those portions of the Building) made available Project which are provided, from time to time, for use in common by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using any other tenants of the Project, whether or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators those areas are open to the publicgeneral public (such areas, service elevators (provided that together with such service elevators shall be available only for tenants other portions of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposes, in common with others 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, such as balconies abutting tenants' premises, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord, and may include, without limitation, any parking facilities, fixtures, systems, signs, facilities, lakes, gardens, parks or other landscaping used in connection with the Project, and may include any city sidewalks adjacent to the Project, pedestrian walkway system, whether above or below grade, park or other facilities open to the general public and roadways, sidewalks, walkways, parkways, driveways and landscape areas appurtenant to the Project. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building and may include, without limitation, the common entrances, lobbies, atrium areas, restrooms, elevators, stairways and accessways, loading docks, ramps, drives, platforms, passageways, serviceways, common pipes, conduits, wires, equipment, loading and unloading areas, and trash areas servicing the Building, designated as such by Landlord. The Common Areas are to be maintained and operated in a first class manner, and shall be subject to Landlord's obligations set forth in this Lease. The use of the terms Common Areas shall be subject to such rules, regulations and conditions restrictions as Landlord may make from time to time, as long as such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant in this Lease and the permitted use granted under Section 5.1 of this Lease. The Except when and where Tenant's right of access is specifically excluded above and elsewhere in this Lease, Tenant shall have the right of access to the Premises, the Building, Common Areasand the Project parking facility twenty-four (24) hours per day, Service Corridors and Service Areas will be at all times under seven (7) days per week during the exclusive control, management and operation "Lease Term," as that term is defined in Section 2.1 of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premisesthis Lease.

Common Areas. Common Areas" shall will mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the BuildingBuilding or the Project, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities facilities, if any, as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease, including, without limitation, the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of the Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas (other than corridors and restroom facilities in Premises located on full floors) not specifically shown on Exhibit B A as being part of the Premises.

Common Areas. “Common Areas" shall ” will mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities facilities, if any, as are reasonably designated by Landlord from time to time as Common Areas. "Common Areas shall not include the Garage. “Service Corridors" ” shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "“Service Areas" ” will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease, including, without limitation, the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of the Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B A as being part of the Premises.

Common Areas. Common Areas" shall mean all areas, spaces, facilities and equipment Landlord hereby grants to Tenant a non-exclusive license to use (whether or not located within i) the Building) made available parking areas provided by Landlord in the Shopping Center for the common accommodation and joint use parking of Landlord, vehicles of Tenant and others designated by Landlord using or occupying space its officers, agents and employees and customers while such customers are shopping in the BuildingPremises or in any other portion of the Shopping Center, (ii) the public conveniences of the Shopping Center, including but not limited toany connecting passageways and lobbies used in conjunction with hotels and/or office buildings, any tunnelsand (iii) all other areas in the Shopping Center, walkwaysincluding the so-called "mall", sidewalks and driveways necessary for access to be used in common by tenants of the BuildingShopping Center, Building lobbies, landscaped such parking areas, public corridorsconveniences and other common areas being hereafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, public rest rooms, Building stairs, elevators open Landlord retains and reserves the non-exclusive right to the public, service elevators (provided that such service elevators shall be available only for tenants use of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to . A. Exhibit A sets forth the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants general layout of the Building Shopping Center, but shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Shopping Center will not have accessbe or will continue to be exactly as indicated on said diagram, and Landlord reserves the right to (i) increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of any of the Common Areas or the buildings comprising the Shopping Center, (ii) make changes, additions, subtractions, alterations or improvements in or to such Common Areas, including, but not limited to, mechanicalthe construction of decked or subsurface parking, telephone(iii) withdraw portions of the Shopping Center from Common Area or add Common Area to the Shopping Center, electrical including non-contiguous parcels for parking and similar rooms other related Shopping Center purposes and air (iv) construct buildings, additional Department Stores, kiosks and water refrigeration equipmentother improvements in the Common Areas. Tenant is hereby granted a nonexclusive shall have no rights with respect to the land or improvements below floor slab level or above the interior surface of the ceiling of the Premises or air rights above the Premises. B. Landlord shall not, pursuant to Subsection 4.1 A, create any permanent, substantial, adverse interference with access to or visibility of the Premises from the covered mall upon which the front of the Premises abuts. However, this provision shall not preclude Landlord from installing carts or erecting kiosks or similar improvements anywhere in the covered mall, so long as any kiosks or similar improvements which are located in front of the Premises are approximately centered in the mall. Tenant's sole remedy in the event of Landlord's failure to comply with this Subsection 4.1 B shall be to terminate this Lease. In the event Tenant, as the result of Landlord's failure to so comply, shall exercise its right to use terminate this Lease, Landlord shall pay, within ninety (90) days following the Common Areas date Tenant vacates and Service Corridors during surrenders the Premises, the then unamortized cost of the permanent leasehold improvements (excluding, inter alia, trade fixtures and equipment, furnishings, decorations, inventory and other items of personal property) initially made by Tenant pursuant to Article 2 of this Lease, assuming a useful life equal to the length of the original Term of this Lease for their intended purposesand amortization on a straight line basis. Tenant shall, in common with others designated not later than sixty (60) days follow- 4-1 ing the Commencement Date, deliver an affidavit of an officer of Tenant and a certificate of Tenant's architect accompanied by such bills, contracts, receipts, invoices, cancelled checks and the like as Landlord may reasonably require, specifying the cost of the Tenant's leasehold improvements, which amount shall, unless disputed by Landlord, thereupon be the basis for the amount to be paid by Landlord pursuant to this Subsection. Failure to timely deliver such affidavit, certificate and supporting data shall constitute a waiver of Tenant's right to such payment. C. Tenant, its officers, agents and employees shall park their vehicles only in areas from time to time designated by Landlord as the area for such parking, provided that such areas shall be located in or not more than one-half (1/2) mile from the perimeter boundary of the Shopping Center. Tenant shall, within ten (10) days following written notice from Landlord, furnish Landlord, or its authorized agent, the state automobile license numbers assigned to its automobiles and the automobiles of all its employees employed in the Premises. Tenant shall not at any time park any trucks or any delivery vehicles in the parking area. Landlord shall have the right, after service of two (2) or more notices to Tenant regarding improper parking, to levy an assessment payable by Tenant in a sum not to exceed $10.00 per day for each and every car belonging to Tenant, its agents, servants, contractors, licensees or employees which shall thereafter park in an area other than that designated by Landlord as a parking area for such vehicles. Such assessment shall be payable by Tenant on the next due date for Fixed Rent and shall be considered Additional Rent. D. Common Areas shall be subject to such reasonable rules and regulations, including the terms right to impose parking charges or fees and conditions to allocate parking areas on a uniform or non-discriminatory basis and to prohibit the use of the Shopping Center by such Persons as Landlord determines, as the same may be amended or modified, as Landlord may, from time to time, adopt as provided in this Lease. The Building. E. Landlord reserves the right to close, if necessary, all or any portion of the Common AreasAreas for the minimum length of time as may, Service Corridors and Service Areas will be at all times under in the exclusive control, management and operation reasonable opinion of Landlord. Tenant agrees and acknowledges that 's counsel, be legally sufficient to prevent a dedication thereof or the Premises (whether consisting accrual of less than one floor the right of the public therein, to close temporarily, if necessary, all or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premisesparking areas to discourage non-customer parking and to do and perform such other acts in and to the Common Areas as in the use of good business judgment of Landlord will improve the use thereof.

Common Areas. Common Areas" shall mean all areas, spaces, facilities and equipment Landlord hereby grants to Tenant a non-exclusive license to use (whether or not located within i) the Building) made available parking areas provided by Landlord in the Shopping Center for the common accommodation and joint use parking of Landlord, vehicles of Tenant and others designated by Landlord using or occupying space its officers, agents and employees and customers while such customers are shopping in the BuildingPremises or in any other portion of the Shopping Center, (ii) the public conveniences of the Shopping Center, including but not limited toany connecting passageways and lobbies used in conjunction with hotels and/or office buildings, any tunnelsand (iii) all other areas in the Shopping Center, walkwaysincluding the so-called "mall", sidewalks and driveways necessary for access to be used in common by tenants of the BuildingShopping Center, Building lobbies, landscaped such parking areas, public corridorsconveniences and other common areas being hereafter collectively referred to as "Common Areas". Notwithstanding any of the provisions herein contained, public rest rooms, Building stairs, elevators open Landlord retains and reserves the non-exclusive right to the public, service elevators (provided that such service elevators shall be available only for tenants use of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to . A. Exhibit A sets forth the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants general layout of the Building Shopping Center, but shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Shopping Center will not have accessbe or will continue to be exactly as indicated on said diagram, and Landlord reserves the right to (i) increase, eliminate, reduce or change the number, type, size, location, elevation, nature and use of any of the Common Areas or the buildings comprising the Shopping Center, (ii) make changes, additions, subtractions, alterations or improvements in or to such Common Areas, including, but not limited to, mechanicalthe construction of decked or subsurface parking, telephone(iii) withdraw portions of the Shopping Center from Common Area or add Common Area to the Shopping Center, electrical including non-contiguous parcels for parking and similar rooms other related Shopping Center purposes and air (iv) construct buildings, additional Department Stores, kiosks and water refrigeration equipmentother improvements in the Common Areas. Tenant is hereby granted a nonexclusive shall have no rights with respect to the land or improvements below floor slab level or above the interior surface of the ceiling of the Premises or air rights above the Premises. B. Landlord shall not, pursuant to Subsection 4.1 A, create any permanent, substantial, adverse interference with access to or visibility of the Premises from the covered mall upon which the front of the Premises abuts. However, this provision shall not preclude Landlord from installing carts or erecting kiosks or similar improvements anywhere in the covered mall, so long as any kiosks or similar improvements which are located in front of the Premises are approximately centered in the mall. Tenant's sole remedy in the event of Landlord's failure to comply with this Subsection 4.1 B shall be to terminate this Lease. In the event Tenant, as the result of Landlord's failure to so comply, shall exercise its right to use terminate this Lease, Landlord shall pay, within ninety (90) days following the Common Areas date Tenant vacates and Service Corridors during surrenders the Premises, the then unamortized cost of the permanent leasehold improvements (excluding, inter alia, trade fixtures and equipment, furnishings, decorations, inventory and other items of personal property) initially made by Tenant pursuant to Article 2 of this Lease, assuming a useful life equal to the length of the original Term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of Landlordamortization on a straight line basis. Tenant agrees shall, not later than sixty (60) days following the Commencement Date, deliver an affidavit of an officer of Tenant and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premises.a certifi-

Common Areas. Common Areas" shall will mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public Public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others other designated by Landlord), drinking fountains and any such other areas and facilities facilities, if any, as are reasonably designated by Landlord), drinking fountains and any such other areas and facilities, if any, as are designated by Landlord from time to time as Common Areas. Common areas shall not include the Garage. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease, including, without limitation, the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of the Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B A as being part of the Premises.

Common Areas. Tenant shall have the nonexclusive right (in common with other tenants or occupants of the Project, Landlord and all others to whom Landlord has granted or may hereafter grant such rights) to use the Common Areas, subject to such reasonable rules and regulations as Landlord may from time to time impose. Landlord may at any time close temporarily any Common Areas to make repairs or changes therein or to effect construction, repairs, or changes within the Project, or to prevent the acquisition of public rights in such areas, or to discourage parking by parties other than tenants of the Project, and may do such other acts in and to the Common Areas as in its judgment may be desirable; provided that any such acts shall not prevent Tenant from reasonable access to, quiet enjoyment and use of the Premises at all times other than emergencies. Landlord may from time to time permit portions of the Common Areas to be used exclusively by specified tenants. Landlord may also, from time to time, place or permit customer service and information booths, kiosks, stalls, push carts and other merchandising facilities in the Common Areas, provided, however, that if Landlord receives rent that is calculated -------- ------- on the basis of the square feet occupied by such installation, such area shall be excluded from the Common Areas during the period for which such rent is received. "Common Areas" shall mean (a) with respect to any Building, any of the following or similar items to the extent they are included in such Building: the total square footage of areas of the Building devoted to non-exclusive uses such as ground floor lobbies and elevator foyers; fire vestibules; mechanical areas; restrooms and corridors on all areas, spaces, facilities floors; elevator foyers and lobbies on multi- tenant floors; electrical and janitorial closets; telephone and equipment (whether or not located within the Building) made available by Landlord rooms; and other similar facilities maintained for the common benefit of Building tenants and joint use of Landlordinvitees, Tenant but shall not mean Major Vertical Penetrations; and others designated by Landlord using or occupying space (b) all parking garage vestibules, restrooms (including locker rooms and shower facilities located in the Buildinggarage), including but not limited toloading docks, any tunnelsexercise and conference facilities available for use by Project tenants (if any), walkways, sidewalks and driveways necessary for access to the Buildingroadways, Building lobbiessidewalks, surface parking areas, parkways, driveways, trash areas, mechanical areas, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open courtyards or other similar facilities maintained for the benefit of Project tenants and invitees. Notwithstanding anything in this Section 1.3 to the publiccontrary, if Tenant ----------- leases and occupies the entire Building, Landlord shall not place or permit customer service elevators (provided that such service elevators and information booths, kiosks, stalls, push carts or other merchandising facilities in the Common Areas inside the Building, nor shall Landlord permit portions of the Common Areas inside the Building to be available only for exclusively occupied by other tenants of the Project, without Tenant's prior written consent. Furthermore, if Tenant leases and occupies the entire Building, Tenant with consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed, may use portions of the Common Areas inside the Building for information booths, kiosks, stalls, push carts, and others designated other merchandising facilities for use solely by Landlord), drinking fountains and any Xxxxxx's employees provided such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that items are not open visible from outside the Building. Tenant shall not have the right to the public but which are available install any merchandising facilities for use by Tenant and others designated by any persons other than its employees without the Landlord. "Service Areas" will refer to areas's prior written consent which may be given, spaces, facilities and equipment serving the Building (whether withheld or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposes, conditioned in common with others designated by Landlord, subject to the terms and conditions of this Lease. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its 's sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premisesdiscretion.

Common Areas. Common Areas" Tenant shall mean all areashave the non-exclusive right to use in common with other tenants in the Project, spacesand subject to the rules and regulations referred to in Article 5 of this Lease, facilities and equipment (whether or not located within those portions of the Building) made available Project which are provided, from time to time, for use in common by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using any other tenants of the Project, whether or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators those areas are open to the publicgeneral public (such areas, service elevators (provided that together with such service elevators shall be available only for tenants other portions of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are reasonably designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term of this Lease for their intended purposes, in common with others 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, such as balconies abutting tenants' premises, are collectively referred to herein as the "Common Areas"). The Common Areas shall consist of the "Project Common Areas" and the "Building Common Areas." The term "Project Common Areas," as used in this Lease, shall mean the portion of the Project reasonably designated as such by Landlord, and may include, without limitation, any parking facilities, fixtures, systems, signs, facilities, lakes, gardens, parks or other landscaping used in connection with the Project, and may include any city sidewalks adjacent to the Project, pedestrian walkway system, whether above or below grade, park or other facilities open to the general public and roadways, sidewalks, walkways, parkways, driveways and landscape areas appurtenant to the Project. The term "Building Common Areas," as used in this Lease, shall mean the portions of the Common Areas located within the Building and may include, without limitation, the common entrances, lobbies, atrium areas, restrooms, elevators, stairways and accessways, loading docks, ramps, drives, platforms, passageways, serviceways, common pipes, conduits, wires, equipment, loading and unloading areas, and trash areas servicing the Building, designated as such by Landlord. The Common Areas are to be maintained and operated in a first class manner, and shall be subject to Landlord's obligations set forth in this Lease. The use of the terms Common Areas shall be subject to such rules, regulations and conditions restrictions as Landlord may make from time to time, as long as such rules, regulations and restrictions do not unreasonably interfere with the rights granted to Tenant in this Lease and the permitted use granted under Section 5.1 of this Lease. The Except when and where Tenant's right of access is specifically excluded above and elsewhere in this Lease, Tenant shall have the right of access to the ------------------ * PORTIONS OF THIS PAGE HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Premises, the Building, Common Areasand the Project parking facility twenty-four (24) hours per day, Service Corridors and Service Areas will be at all times under seven (7) days per week during the exclusive control, management and operation "Lease Term," as that term is defined in Section 2.1 of Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of the Premisesthis Lease.

Common Areas. Common Areas" shall will mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, any tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and other such facilities not part of space leased or held for lease to tenants, and any such other areas and facilities facilities, if any, as are reasonably designated by Landlord from time to time as Common Areas. Common Areas shall not include the Garage. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the Term term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease, including, without limitation, the Rules and Regulations. The Building, Common Areas, Service Corridors and Service Areas will be at all times under the exclusive control, management and operation of the Landlord. Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or consisting of one or more full floors within the Building) do not include, and Landlord hereby expressly reserves for its sole and exclusive use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B A as being part of the Premises.