Common use of Common Facilities Clause in Contracts

Common Facilities. “Common Facilities” includes all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Property, and their employees, agents, customers and other invitees, including without limitation building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the Property, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right, without liability to Tenant, to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, and Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of the Common Facilities to such extent as may, in the opinion of Landlord’s counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, under a revocable license, on a nonexclusive basis in common with other tenants. If any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual eviction.

Common Facilities. “Common Facilities” includes (sometimes referred to herein as “Common Areas”) means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Property, Center and their employees, agents, customers and other invitees, including without limitation limitation, if the same exist: building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the PropertyCenter, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have reserves the right, without liability to Tenant, right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to timetime without liability to Tenant, and provided the same does not unreasonably interfere with Tenant’s access to, or use of, the Premises or materially increase Tenant’s monetary obligations hereunder. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of the Common Facilities to such extent as mayextent, in provided the opinion same does not unreasonably interfere with Tenants access to, or use of, the Premises; to close temporarily all or any portion of Landlord’s counselthe Common Facilities for any reason, be legally sufficient to prevent including for the purpose of preventing a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants. If , and if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual eviction.

Common Facilities. “Common Facilities” includes Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use the following in common with all areas, facilities, utilities, equipment others entitled thereto (subject to reasonable rules of general applicability to tenants and services provided other users from time to time made by Landlord for of which Tenant is given written notice): (a) the common use or benefit of the occupants of the Property, and their employees, agents, customers and other invitees, including without limitation building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areascorridors, stairways, elevatorselevators and loading platform, retaining wallsand the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others; (b) common driveways and walkways necessary for access to the Building; (c) if the Premises include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby on such floor and serving the Premises; (d) the roof of the Building for telecommunications antennae; (e) the Parking Facilities; (f) facilities serving the Building from time to time intended for general use by Tenant, other Building tenants (if any), and visitors, subject to reasonable rules from time to time made by Landlord of which Tenant is given notice; (g) loading dock; and (h) any other facilities generally available to tenants in the Project, subject to reasonable rules from time to time in effect of which Tenant is given notice. Landlord shall maintain the common areas and facilities in good order and condition, including all landscaping, walkways, parking areas required to be maintained under the conditions of governmental approvals for the Propertyand other outdoor facilities (including, comfort and without limitation, outdoor lighting), consistent with other first-aid stationsclass mixed-use buildings in the greater Boston “Metro-West” area, parcel pick-up stations and other generally understood public or common in compliance with all Legal Requirements. Such maintenance shall include snow removal in the outside areas of the Project providing access to the Project, the Building and/or the Parking Facilities for Tenant, including the walkways and parking areas. All Common Facilities of the rights set forth in this Section 2.2 shall at all times be subject to reasonable rules from time to time made by Landlord of which Tenant is given written notice. Nothing contained in the exclusive control and management of Landlord. Lease shall prohibit or otherwise restrict Landlord shall have the rightfrom changing, without liability to Tenant, to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, without notice to Tenant, the location, layout or type of the forgoing common areas and facilities, provided that no such change shall materially and adversely affect Tenant’s appurtenant rights set forth in this Section 2.2 and Landlord shall have not substantially reduce the right from time to time to establishnumber of parking spaces available for use of tenants of the Building, modify and enforce reasonable rules and regulations with respect nor relocate such parking spaces except on a temporary basis or as a result of a Force Majeure event. In the event the parking shall be relocated pursuant to the Common Facilitiespreceding sentence, such parking may be relocated only within the Project and must be within reasonable walking distance to the Building. In no event shall Landlord ever reduce the parking ratio set forth in Section 2.2.2 below. Except as set forth in this Lease, including Article XI hereof, Tenant shall have the no right of access or to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or use any portion of the Common Facilities to such extent as may, in the opinion of Landlord’s counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion roof of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, under a revocable license, on a nonexclusive basis in common with other tenants. If any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual evictionBuilding.

Common Facilities. “Common Facilities” includes " shall mean all areas, facilities, utilities, equipment and services within the Building and Project provided by Landlord for the common use or benefit of the occupants tenants of the PropertyBuilding and Project including, and their employees, agents, customers and other invitees, including without limitation building lobbies, common corridors and hallways, restroomslimitation, pedestrian walkways, malls and courts, parks and varas, driveways and access roads, access facilities for disabled persons (including elevators)parking facilities, entrances and exits, truck servicewaysservice ways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining wallslobbies, common corridors and hallways, restrooms and all offsite areas Landlord is required to be maintained maintain under the conditions provisions of applicable governmental approvals for requirements. Tenant and its employees and business invitees shall be entitled to use the Property, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to during the exclusive control Term, in common with Landlord and management of Landlord. with other persons authorized by Landlord shall have the right, without liability to Tenant, to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, subject to the Rules and Regulations. Tenant expressly covenants that its use of the Common Facilities shall comply with the Rules and Regulations, including those established for shipping and receiving of goods. Anything in this Lease to the contrary notwithstanding, it is expressly understood and agreed that the designation or use from dine to time of portions of the Common Facilities shall not restrict Landlord's use of such areas for such purposes as Landlord shall determine in its commercially reasonable discretion. Notwithstanding anything to the contrary contained herein, Tenant hereby agrees and acknowledges that because (and so long as) Tenant is leasing an entire floor in the Building and is thereby entitled to exclusive use of the lobby located on such floor, such lobby shall not be included in the Common Facilities and Landlord shall have no obligation whatsoever to maintain, repair and/or otherwise service such lobby. In the right from time to time to establishevent that Tenant no longer leases an entire floor in the Building, modify Tenant shall no longer have exclusive use of such lobby area and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord such lobby area shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of be included in the Common Facilities to such extent as may, in the opinion of Landlord’s counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, under a revocable license, on a nonexclusive basis in common with other tenants. If any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual evictionhereunder.

Common Facilities. “Common Facilities” includes (sometimes referred to herein as “Common Areas”) means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Property, Building and their employees, agents, customers and other invitees, including without limitation limitation: building lobbies, common corridors and hallways, restrooms, pedestrian walkways, utility yard, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the PropertyBuilding, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have reserves the right, without liability to Tenant, right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, and time without liability to Tenant. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of the Common Facilities to such extent as mayextent; to close temporarily all or any portion of the Common Facilities for any reason, in including for the opinion purpose of Landlord’s counsel, be legally sufficient to prevent preventing a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants. If , and if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual eviction, so long as Tenant retains sufficient access to the Premises and that Tenant’s use of the Common Areas remains reasonably equivalent. Landlord’s right pursuant to this Section 6.5, including without limitation the rights to construct, maintain, relocate, alter, improve, or adjust the Common Facilities shall be subject to the condition that (i) the exercise of any of such rights shall not unreasonably interfere with Tenant’s use of the Premises, or decrease the number of Tenant’s parking spaces, (ii) Landlord shall provide reasonable prior notice to Tenant before exercising any such rights which may interfere with Tenant’s business, and (ii) Landlord shall use its best efforts to minimize to the extent possible any interference with Tenant’s business, including without limitation scheduling such work after business hours or on weekends.

Common Facilities. “(A) All those portions of Entire Premises shown on ----------------- Exhibit "B" which are not presently occupied by buildings shall be Common Facilities” includes all areas, facilities, utilities, equipment and services provided by Landlord Facilities for the common non-exclusive joint use or benefit of the occupants all tenants of the PropertyEntire Premises, and their employees, agentscustomers and invitees and Landlord hereby grants to Tenant, its employees, customers and other invitees, including without limitation building lobbiesthe right to use, in common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining wallswith all other tenants of Entire Premises, all areas required of said Common Facilities (except that Tenant's loading area shall be reserved for Tenant's exclusive use) and any enlargement thereof for ingress and egress to be maintained under and from the conditions of governmental approvals Demised Premises and the public streets and highways shown on Exhibit "B" and for the Propertyparking of motor vehicles in the areas designated as "Parking Area". Subject to reimbursement in Section 22.1, comfort Landlord agrees to maintain throughout the Term all Common Facilities in good repair, clean and firstclear of snow, ice, rubbish and debris, properly drained, clearly striped and adequately lighted at all times when the Demised Premises is open for business and for one-aid stationshalf hour after closing thereof. (B) Throughout the Term, parcel pick-up stations and other generally understood public or common areas. All the Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right, without liability to Tenant, to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to timecontain a Parking Area as shown on Exhibit "B", and Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters not use or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of permit the Common Facilities to be used for carnivals or other businesses, temporarily or permanently. If at any time during the Term, such extent Parking Area shall be reduced below the minimum area above set forth by reason of taking or appropriation under any power of eminent domain and if Tenant does not terminate this Lease as may, permitted in the opinion Section of Landlord’s counselthis Lease entitled EMINENT DOMAIN, be legally sufficient the Rent payable -------------- pursuant to prevent the Section of this Lease entitled RENT of this Lease shall xxxxx in ---- the same proportion that the Parking Area so taken bears to the minimum Parking Area above set forth. If, at any time during the Term, Landlord by its acts or omissions reduces or permits a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion reduction of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Parking Area or Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve below the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, under a revocable license, on a nonexclusive basis in common with other tenants. If any such license is revoked, above minimum or if the amount Landlord changes the location or arrangement of such areas is diminishedthe Parking Area, Landlord the Rent payable pursuant to the terms of the Section of this Lease entitled RENT of this Lease and all other charges payable ---- under the terms of this Lease shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual evictionxxxxx.

Common Facilities. “Common Facilities” includes all areas, facilities, utilities, " shall mean those facilities and equipment and services provided which are used by Landlord for in connection with the common use or benefit delivery of services to, and the operation, maintenance and/or repair of the occupants of Building, and/or the Propertyfacilities and equipment which constitute Common Facilities, which, except as hereinafter provided, shall include, but not be limited to, (A) janitor closets, (B) lighting for parking and roads, walkways, pathways, and their employeessidewalks, agents(C) any and all mechanical, customers electrical and telephone rooms, (D) elevator, pipe and other inviteesvertical and horizontal shafts, including without limitation building lobbiesrisers, common corridors ducts and hallwaysflues, restrooms(E) the central plant, pedestrian walkways(F) all Base Building Systems and all components thereof, driveways and access roads(G) any area above an acoustical ceiling, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining as well as the area below floor surfaces and within walls, all areas required to be maintained under the conditions of governmental approvals for the Property, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All such Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord Tenant shall have no right to use any of the rightCommon Facilities, without liability except that Landlord will allow Tenant's qualified contractors to Tenantaccess the electrical room, to relocatetelephone rooms, alter, improve, or adjust the size and location of any Common Facilities from time to timeabove ceiling areas, and risers used for installations of various conduit and wires in and to the Premises, provided (1) such contractors arrange access through Landlord shall have the right from time to time to establish, modify and enforce comply with Landlord's reasonable rules and regulations regulations, (2) any installations in and modifications of such rooms, above ceiling areas and risers shall comply with respect all requirements pertaining to the Common Facilities. Tenant Alterations, and (3) Landlord shall have the right to constructapprove all such installations and modifications to any such rooms, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking above ceiling areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges risers (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of the Common Facilities to such extent as may, in the opinion of Landlord’s counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, not to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customersunreasonably withheld). Subject to Notwithstanding the foregoing, Tenant may use all Common Facilities not within during the Premises, under a revocable license, on a nonexclusive basis in common with other tenants. If any such license is revoked, or if the amount term of such areas is diminishedthis Lease, Landlord shall not be subject have access to any liability and the Secured Areas unless (i) in the event of an emergency, or (ii) Landlord is accompanied into such Secured Areas by an employee, agent or representative of Tenant. In the event Tenant fails or refuses to provide security for the Secured Areas twenty-four hours per day, seven days per week during the term, then Tenant shall not be entitled immediately thereafter provide Landlord with keys, a valid access pass card and/or security codes to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual evictionSecured Areas.

Common Facilities. “Common Facilities” includes " (sometimes referred to herein as "Common Areas") means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Property, Center and their employees, agents, customers and other invitees, including without limitation limitation, if the same exist: building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the PropertyCenter, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have reserves the right, without liability to Tenant, right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, and time without liability to Tenant. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of the Common Facilities to such extent as mayextent; to close temporarily all or any portion of the Common Facilities for any reason, in including for the opinion purpose of Landlord’s counsel, be legally sufficient to prevent preventing a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants. If , and if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual eviction. 7.

Common Facilities. “Common Facilities” includes all areasTenant shall have the non-exclusive right, facilities, utilities, equipment in common with Landlord and services provided by Landlord for the common use or benefit of the other tenants and occupants of the Property, Building and their employees, agentsagents and business visitors, customers to the use of all common facilities which constitute a part of the Building, subject to such reasonable rules and other inviteesregulations relating to such use as Landlord may from time to time establish. Common facilities located within the Building include any building lobby, including without limitation building lobbieselevators, rest rooms, stairways and stairwells, elevator lobbies and all common corridors entrances, corridors, passageways and hallwaysserviceways which are not located within the Premises of Tenant or the premises of another tenant of the Building. Common facilities located outside of the Building include landscaping, restroomshardscaping and any fountains adjacent to the Building, pedestrian walkways, driveways and access roads, access facilities for disabled persons a parking structure (including elevatorsthe "Building Parking Structure"), truck servicewaysall sidewalks, driveways, vehicle and pedestrian entrances and accessways, loading docks, garagestruck tunnels, driveways, truck parking lots, landscaped and truck turn-around areas, stairwaysvehicle and pedestrian ramps serving the Building and any pedestrian walkway connecting the Building and the Building Parking Structure. Landlord may make changes at any time and from time to time to the common facilities, elevatorswithout any liability to Tenant, retaining walls, all areas required and no such change shall entitle Tenant to be maintained under the conditions any abatement of governmental approvals for the Property, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areasrent. All Common Facilities Landlord shall at all times have the sole and exclusive control of the common facilities. To the extent that any common facilities located outside of the Building are maintained jointly or for the common benefit of Landlord and the owners of adjacent structures, (i) Tenant's non-exclusive right of use of such common facilities shall be in common with Landlord, other tenants and occupants of and visitors to the Building and the owners, tenants, occupants of and visitors to such other structures and (ii) Operating Expenses for purposes of Paragraph 3 shall include only that portion of the operating expenses of such common facilities as are allocated to the Building from time to time by agreement among Landlord and the owners of such other structures. During the term and subject to availability, Tenant's principals and employees shall be entitled to purchase contracts for reserved and random select parking at the prevailing price offered by the operator of the Building Parking Structure which such prices are currently $175/month for a reserved space contract and $90/month for a random select parking contract. Parking privileges shall be subject to compliance with all rules and regulations applicable thereto as designated by Landlord or the exclusive control operator of the Parking Structure. Tenant shall keep all common facilities free and management clear of any obstructions created or permitted by Tenant or resulting from Tenant's operations and shall not conduct an assembly on the common facilities without Landlord's prior consent. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the common facilities or to prevent the use of such facilities by unauthorized persons. Landlord shall have reserves the right, without liability to Tenant, to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, and Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect (A) make alterations in or additions to the Common Facilities. Landlord shall have common facilities, including without limitation, constructing new structures or changing the right to constructlocation, maintain size, shape and/or number of the driveways, entrances, parking spaces, parking areas, loading and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the areaunloading areas, level, location and arrangement of parking landscape areas and other facilities; to restrict parking by tenantswalkways, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to B) close all or temporarily any portion of the Common Facilities to such extent as may, in the opinion of Landlord’s counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion common facilities of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and Building for maintenance purposes as long as reasonable access to the Common Facilities which Landlord shall determinePremises remains available, using good business judgment, (C) designate property to be advisable to improve included in or eliminate property from the convenience common facilities of the Building, and (D) use thereof by tenants, their officers, agents, employees and customers. Subject the common facilities of the Building while engaged in making alterations in or additions or repairs to the foregoing, Tenant may use all Common Facilities not within the Premises, under a revocable license, on a nonexclusive basis in common with other tenants. If any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual evictionBuilding.

Common Facilities. “The Common Facilities” includes all Facilities shall consist of ----------------- the drives, ways and access, the parking garage and the paved parking areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Property, and their employees, agents, customers and other invitees, including without limitation building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining wallsand the building entrance area and security room described in Exhibit "G" hereto, all areas located on the Land formerly occupied by LESSEE as its ----------- headquarters facility. LESSOR shall keep all Common Facilities in a first-class state of repair and condition and shall regularly perform maintenance to such Common Facilities to ensure that the same are in a first-class state of repair and condition ("Common Area Maintenance"). LESSOR'S obligations hereunder shall include, but not be limited to: maintenance; repair required to be maintained under the conditions of governmental approvals for the Propertyclean, comfort preserve and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right, without liability to Tenant, to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, and Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the samelighting facilities serving them; from time to time to change the areapolicing and traffic direction; fire protection; security protection; ice and snow removal; removal of trash, level, location rubbish and arrangement of parking areas debris; pest extermination; repairing all above and other facilities; to restrict parking by tenants, their officers, agents underground utility conduits and employees to employee parking areas; to enforce parking charges (by operation of meters lines and sewers wherever such lines run over or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or under any portion of the Common Facilities to such extent as may, in the opinion of Landlord’s counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion part of the Common Facilities; public liability, workers' compensation, property damage and hazard insurance. All holes or breaks in the paving shall be repaired by LESSOR immediately after LESSOR becomes aware of such an occurrence. LESSEE covenants and agrees to discourage non-customer parkingpay as provided herein its pro rata share (determined as provided in 5.01 hereof) of the reasonable cost of Common Area Maintenance ("Common Area Maintenance Cost") during the Term of this Lease, which shall include, without limitation, the following costs or expenses incurred in connection with or reasonably attributable to the maintenance, repair and operation of the Common Facilities: lighting, gardening and landscaping (including planting, replanting and replacing flowers and shrubs); cleaning; public liability, workers' compensation, property damage and hazard insurance; fire and security protection; personal property taxes; line painting; sanitary control; water and sewerage charges; removal of ice, snow, trash, rubbish, debris, garbage and other refuse; personnel to provide and supervise such service and to do direct parking (including unemployment and perform such other acts in and social security taxes). Notwithstanding anything herein to the Common Facilities which Landlord contrary, LESSEE shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject responsible for all costs relating to the foregoing, Tenant may use all Common Facilities not elevators located within the area described in Exhibit "G" hereto and the elevators located within the Premises, under a revocable license, on a nonexclusive basis in common with other tenants. If any such license is revoked, or if ----------- In no event shall the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual eviction.Common Area Maintenance Cost include:

Common Facilities. “Common Facilities” includes (sometimes referred to herein as “Common Areas”) means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Property, Center and their employees, agents, customers and other invitees, including without limitation limitation, if the same exist: buildings, building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, mechanical equipment yards, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the PropertyCenter, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have reserves the right, without liability to Tenant, right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, and time without liability to Tenant. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of the Common Facilities to such extent as mayextent; to close temporarily all or any portion of the Common Facilities for any reason, in including for the opinion purpose of Landlord’s counsel, be legally sufficient to prevent preventing a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants. If , and if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual eviction.

Common Facilities. “Common Facilities” includes " (sometimes referred to herein as "Common Areas") means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Property, Center and their employees, agents, customers and other invitees, including without limitation limitation, if the same exist: building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the PropertyCenter, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have reserves the right, without liability to Tenant, right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, and time without liability to Tenant. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of the Common Facilities to such extent as mayextent; to close temporarily all or any portion of the Common Facilities for any reason, in including for the opinion purpose of Landlord’s counsel, be legally sufficient to prevent preventing a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants. If , and if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual eviction.

Common Facilities. “Common Facilities” includes (sometimes referred to herein as “Common Areas”) means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Property, Center and their employees, agents, customers and other invitees, including without limitation limitation, if the same exist. building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the PropertyCenter, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have reserves the right, without liability to Tenant, right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, and time without liability to Tenant. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of the Common Facilities to such extent as mayextent; to close temporarily all or any portion of the Common Facilities for any reason, in including for the opinion purpose of Landlord’s counsel, be legally sufficient to prevent preventing a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants. If , and if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual eviction.

Common Facilities. (a) From time to time, Landlord may, at Landlord’s sole cost and expense (except to the extent includable in Operating Cost pursuant to Section 7), provide for use in common by any tenants and occupants in the Building (including, without limitation, Tenant and any Permitted Users) and others as Landlord may in its sole judgment direct (including without limitation, tenants of other buildings in the Project), certain facilities within the Building or the Project (the amenities in the Building described herein are collectively, the “Building Amenities” and together with any other similar common facilities located within the Project and made available for use by tenants of the Building, are collectively the “Common Facilities” includes ”), all areas, facilities, utilities, equipment and services as typically provided by owners and operators of Comparable Buildings; provided that, notwithstanding anything to the contrary contained herein, at all times during the term, Landlord for shall maintain the common following Common Facilities, if and when existing in the Building: (i) exclusive use or benefit by Tenant of the occupants roof top deck, subject to Section 49, (ii) a bike room, subject to subsection (b) below, and (iii) a loading dock serving the Building, with a freight elevator within close proximity thereto. Tenant agrees that its use of the Property, and their employees, agents, customers and other invitees, including without limitation building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the Property, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to and in accordance with such written rules and regulations as Landlord may promulgate from time to time in accordance with the exclusive control provisions of Section 5(e) with respect to the Rules and management Regulations, applied mutatis mutandis, covering the use of Landlord. Landlord shall have the right, without liability to Tenant, to relocate, alter, improve, or adjust Common Facilities (including any requirement that the size and location user of any Common Facilities from time to timeexecute Landlord’s standard waiver of liability form in connection with such use), and Landlord that any use of the Common Facilities by Tenant, its employees or invitees, shall have the right be at their sole risk, cost and expense. The Common Facilities may be temporarily closed from time to time in connection with any renovations or repairs of such Common Facilities. Landlord shall not be responsible for any injury, loss or damage suffered by Tenant, its employees or invitees, arising out of or in any way connected with or related to establish, modify and enforce reasonable rules and regulations with respect to their use of the Common Facilities. Landlord shall have throughout the right Term continue to constructprovide the Building Amenities for use by tenants and occupants of the Building, maintain and operate lighting facilities on subject to such modifications in the Common Facilities; to police the same; from time to time to change the areaoperation, levelsize, location and arrangement or configuration thereof as Landlord may deem appropriate; provided that to the extent such amenities are no customarily being provided by landlords of parking areas and other facilities; Comparable Buildings, Landlord may elect to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation discontinue the provision of meters one or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion more of the Common Facilities to such extent as may, in the opinion of Landlord’s counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, under a revocable license, on a nonexclusive basis in common with other tenants. If any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual evictionBuilding Amenities.

Common Facilities. “Common Facilities” includes means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Property, Center and their employees, agents, customers and other invitees, including without limitation limitation, if the same exist; building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the PropertyCenter, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have reserves the right, without liability to Tenant, right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, time without liability to Tenant so long as Tenant retains reasonable ingress and egress to the Premises and the parking areas. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of the Common Facilities to such extent as mayextent; to close temporarily all or any portion of the Common Facilities for any reason, in including for the opinion purpose of Landlord’s counsel, be legally sufficient to prevent preventing a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customerscustomers so long as Tenant retains reasonable ingress and egress to the Premises and the parking areas. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants. If , and if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual eviction.

Common Facilities. “Common Facilities” includes COMMON FACILITIES" shall mean all areas, facilities, utilities, equipment and services within the Building and Project provided by Landlord for the common use or benefit of the occupants tenants of the PropertyBuilding and Project including, and their employees, agents, customers and other invitees, including without limitation building lobbies, common corridors and hallways, restroomslimitation, pedestrian walkways, malls and courts, parks and varas, driveways and access roads, access facilities for disabled persons (including elevators)parking facilities, entrances and exits, truck servicewaysservice ways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining wallslobbies, common corridors and hallways, restrooms and all offsite areas Landlord is required to be maintained maintain under the conditions provisions of applicable governmental approvals for requirements. Tenant and its employees and business invitees shall be entitled to use the Property, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to during the exclusive control Term, in common with Landlord and management of Landlord. with other persons authorized by Landlord shall have the right, without liability to Tenant, to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, subject to the Rules and Regulations. Tenant expressly covenants that its use of the Common Facilities shall comply with the Rules and Regulations, including those established for shipping and receiving of goods. Anything in this Lease to the contrary notwithstanding, it is expressly understood and agreed that the designation or use from time to time of portions of the Common Facilities shall not restrict Landlord's use of such areas for such purposes as Landlord shall determine in its commercially reasonable discretion. Notwithstanding anything to the contrary contained herein, Tenant hereby agrees and acknowledges that because (and so long as) Tenant is leasing an entire floor in the Building and is thereby entitled to exclusive use of the lobby located on such floor, such lobby shall not be included in the Common Facilities and Landlord shall have no obligation whatsoever to maintain, repair and/or otherwise service such lobby. In the right from time to time to establishevent that Tenant no longer leases an entire floor in the Building, modify Tenant shall no longer have exclusive use of such lobby area and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord such lobby area shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of be included in the Common Facilities to such extent as may, in the opinion of Landlord’s counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the Common Facilities; to discourage non-customer parking; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, under a revocable license, on a nonexclusive basis in common with other tenants. If any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual evictionhereunder.

Common Facilities. “Common Facilities” includes all areas, facilities, utilities, equipment and services provided by Landlord for the common use Subject to Landlord’s right to change or benefit alter any of the occupants of following in Landlord’s discretion as herein provided, Tenant shall have, as appurtenant to the PropertyPremises, and their employeesthe non-exclusive right to use in common with others, agents, customers and other invitees, including without limitation building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the Property, comfort and first-aid stations, parcel pick-up stations and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right, without liability to Tenant, to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time, and Landlord shall have the right commercially reasonable rules from time to time to establishmade by Landlord of which Tenant is given notice (the “Rules and Regulations”), modify the walkways and enforce reasonable rules and regulations with respect driveways necessary for access to the Common FacilitiesBuilding, and the surface of the roof and ground areas on the Site for purposes accessory to the Permitted Use such as telecommunications and back-up power and an area immediately outside the Building for the installation and maintenance of a microbulk gas supply system; provided, however, that the location of any such telecommunications equipment, back-up power equipment and/or microbulk gas supply system shall be subject to Landlord’s prior approval (which shall not be unreasonably withheld, conditioned or delayed) and any and all installations, alterations, and improvements in connection with the foregoing shall be subject to all of the terms and conditions of Section 5.12(A). Tenant’s selected telecommunication service provider shall have access to the Building and the Premises to provide Tenant’s telecommunication services, at Tenant’s sole cost and expense, provided that if Tenant’s selected telecommunications service provider is not already providing service to the Building, such provider shall be subject to Landlord’s prior approval (which shall not be unreasonably withheld, conditioned, or delayed). Landlord shall have may modify, amend, supplement or change the right to construct, maintain Rules and operate lighting facilities on the Common Facilities; to police the same; Regulations from time to time upon reasonable prior notice (except in the event of an emergency) to change the areaTenant and provided that, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or otherwise), except if required in connection with appropriate provisions for free parking ticket validating by tenants; to close all or any portion of the Common Facilities to such extent as mayapplicable Legal Requirements, in no event shall any new or amended Rules and Regulations be inconsistent with Tenant’s rights under this Lease and in the opinion of Landlord’s counsel, be legally sufficient to prevent a dedication thereof or the accrual event of any rights to any person or conflict between the public therein; to close temporarily all or any portion terms and conditions of this Lease and the Common Facilities; to discourage non-customer parking; Rules and to do and perform such other acts in and to Regulations, the Common Facilities which Landlord provisions of this Lease shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, Tenant may use all Common Facilities not within the Premises, under a revocable license, on a nonexclusive basis in common with other tenants. If any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual evictioncontrol.