Common use of Common Facilities Clause in Contracts

Common Facilities. (a) Tenant shall have the non-exclusive right, in common with others, to the use of any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives and similar access and serviceways, washrooms and other Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas shall at all times be subject to the rights of Landlord and other tenants in the Building who use the same in common with Tenant, and it shall be the duty of Tenant to keep all the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from such areas or to prevent the use of such areas by unauthorized persons. Subject to availability, Tenant’s employees shall have use in common with other tenants of the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses). (b) Landlord reserves the right, at any time and from time to time, to (1) make alterations in or additions to the Common Areas, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, ramps, and similar access and serviceways, (2) designate property to be included in or eliminate property from the Common Areas, (3) close temporarily any of the Common Areas for maintenance purposes, and (4) use the Common Areas while engaged in making alterations in or additions and repairs to the Property; provided, however, that reasonable access to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas in the Building) near the Building remains available.

Common Facilities. Common Facilities" (asometimes referred to herein as "Common Areas") Tenant shall have means all areas, facilities, utilities, equipment and services provided by Landlord for the non-exclusive rightcommon use or benefit of the occupants of the Center and their employees, in common with othersagents, to customers and other invitees, including without limitation, if the use of any common entrances, same exist: building lobbies, conferencing facilitiescommon corridors and hallways, corridorsrestrooms, 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, stairsretaining walls, rampsall areas required to be maintained under the conditions of governmental approvals for the Center, drives and similar access and serviceways, washrooms and other generally understood public or common areas. All Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas Facilities shall at all times be subject to the rights exclusive control and management of Landlord. Landlord reserves the right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to 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 tenants in the Building who use the same in common with Tenantfacilities; to restrict parking by tenants, their officers, agents and it shall be the duty employees to employee parking areas; to close all or any portion of Tenant to keep all the Common Areas free and clear Facilities to such extent; to close temporarily all or any portion of the Common Facilities for any reason, including for the purpose of preventing a dedication thereof or the accrual of any obstructions created rights to any person or permitted by Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time public therein; and to remove any persons not authorized do and perform such other acts in and to use the Common Areas from such areas or Facilities which Landlord shall determine, using good business judgment, to prevent be advisable to improve the convenience and use of such areas thereof by unauthorized personstenants, their officers, agents, employees and customers. Subject to availabilitythe foregoing, Tenant’s employees shall have all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants of the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses). (b) Landlord reserves the right, at any time and from time to time, to (1) make alterations in or additions to the Common Areas, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, rampstenants, and similar access if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and servicewaysTenant shall not be entitled to any compensation or abatement of rent, (2) designate property to nor shall such revocation or diminution be included in deemed constructive or eliminate property from the Common Areas, (3) close temporarily any of the Common Areas for maintenance purposes, and (4) use the Common Areas while engaged in making alterations in or additions and repairs to the Property; provided, however, that reasonable access to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas in the Building) near the Building remains availableactual eviction.

Common Facilities. (a) Tenant shall have From time to time, Landlord may, at Landlord’s sole cost and expense (except to the non-exclusive rightextent includable in Operating Cost pursuant to Section 7), provide for use in common with others, to the use of by any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives tenants and similar access and serviceways, washrooms and other Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas shall at all times be subject to the rights of Landlord and other tenants occupants in the Building who (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 the same in common with Tenant, and it shall be the duty of Tenant to keep all the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from such areas or to prevent the use of such areas by unauthorized persons. Subject to availability, Tenant’s employees shall have use in common with other tenants of the Building, are collectively the “Common Facilities”), all 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 shall maintain the following Common Facilities, if and when existing in the Building: (i) exclusive use by Tenant of the 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 Common Facilities shall be subject to and in accordance with such written rules and regulations as Landlord may promulgate from time to time in accordance with the provisions of Section 5(e) with respect to the Rules and Regulations, applied mutatis mutandis, covering the use of the Common Facilities (including any requirement that the user of any Common Facilities execute Landlord’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs standard waiver of liability form in connection with such amenities use), and that any use of the Common Facilities by Tenant, its employees or invitees, shall be at their sole risk, cost and expense. The Common Facilities may be included temporarily closed from time to time in Operating Expenses)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 their use of the Common Facilities. Landlord shall throughout the Term continue to provide the Building Amenities for use by tenants and occupants of the Building, subject to such modifications in the operation, size, location or configuration thereof as Landlord may deem appropriate; provided that to the extent such amenities are no customarily being provided by landlords of Comparable Buildings, Landlord may elect to discontinue the provision of one or more of the Building Amenities. (b) Landlord reserves will include as a standard operating feature of the rightBuilding a secured, at access-controlled bicycle storage room with bollard-style bike racks (or similar) and a self-repair station (the “Bike Room”) in the location identified on Exhibit L, attached hereto, which will be available for use by Tenant and other parties determined by Landlord, as available. All costs and expenses incurred in operating and maintaining the Bike Room, including without limitation imputed rent on the space comprising the Bike Room and other costs or expenses incurred in leasing equipment or costs to purchase equipment, whether or not ordinarily considered to be of a capital nature, shall be included in Operating Cost. Tenant shall comply with any time and all reasonable rules and regulations that Landlord shall promulgate from time to time, to (1) make alterations in or additions to time regarding the Common Areas, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, ramps, and similar access and serviceways, (2) designate property to be included in or eliminate property from the Common Areas, (3) close temporarily any of the Common Areas for maintenance purposes, and (4) use the Common Areas while engaged in making alterations in or additions and repairs to the Property; provided, however, that reasonable access to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas in Bike Room. Tenant’s use of the BuildingBike Room and storage of bicycles and other personal property stored or kept therein shall be at Tenant’s sole risk, and Landlord shall have no liability for any loss or damage to any bicycles or other personal property stored or kept within the Bike Room except to the extent such claims or liability results from the negligence or willful misconduct of Landlord, its employees or agents. (c) near Landlord shall negotiate a commercially reasonable arrangement with the hotel that is or is scheduled to be part of the Project that said hotel provide for the benefit of the Building remains availableand its tenants, including Tenant, a reservation discount and reservation priority for meeting rooms and event space within said hotel, on a non-exclusive, first-come, first-served basis (each, a “Pre-Reservation”). In the event that Tenant elects to use a Pre-Reservation, Tenant shall give Landlord not less than forty-five (45) days advance notice of same, and Landlord shall use commercially reasonable efforts to assist Tenant in obtaining a reservation at said hotel on the date and at the time requested by Tenant. In the event Tenant utilizes any Pre-Reservation, Tenant shall be responsible for the costs of any catering, audio-visual connections and set-up/clean-up that may be assessed by said hotel.

Common Facilities. (a) 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 tenants of the Building and Project including, without limitation, pedestrian walkways, malls and courts, parks and varas, driveways and access roads, parking facilities, entrances and exits, truck service ways, loading docks, landscaped areas, stairways, elevators, lobbies, common corridors and hallways, restrooms and all offsite areas Landlord is required to maintain under the provisions of applicable governmental requirements. Tenant and its employees and business invitees shall have be entitled to use the non-exclusive rightCommon Facilities during the Term, in common with others, to the use of any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives and similar access and serviceways, washrooms and other Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas shall at all times be subject to the rights of Landlord and other tenants in the Building who use the same in common with Tenant, and it shall be the duty of Tenant to keep all the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from such areas or to prevent the use of such areas by unauthorized persons. Subject to availability, Tenant’s employees shall have use in common with other tenants of the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses). (b) persons authorized by Landlord reserves the right, at any time and from time to time, to (1) make alterations in or additions subject to the Rules and Regulations. Tenant expressly covenants that its use of the Common AreasFacilities shall comply with the Rules and Regulations, including constructing new buildings 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 changing the location, size, shape or number use from time to time of portions of the common drivewaysCommon 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, parking spacesTenant 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, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, ramps, and similar access and serviceways, (2) designate property to such lobby shall not be included in or eliminate property from the Common AreasFacilities and Landlord shall have no obligation whatsoever to maintain, (3) close temporarily any of repair and/or otherwise service such lobby. In the Common Areas for maintenance purposes, and (4) use the Common Areas while engaged in making alterations in or additions and repairs to the Property; provided, however, event that reasonable access to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas Tenant no longer leases an entire floor in the Building) near , Tenant shall no longer have exclusive use of such lobby area and such lobby area shall be included in the Building remains availableCommon Facilities hereunder.

Common Facilities. (a) Tenant shall have the non-exclusive right, in common with othersLandlord and other tenants and occupants of the Building and their employees, agents and business visitors, to the use of all common facilities which constitute a part of the Building, subject to such reasonable rules and regulations relating to such use as Landlord may from time to time establish. Common facilities located within the Building include any building lobby, elevators, rest rooms, stairways and stairwells, elevator lobbies and all common entrances, lobbiescorridors, conferencing passageways and serviceways 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, hardscaping and any fountains adjacent to the Building, a parking structure (the "Building Parking Structure"), all sidewalks, driveways, vehicle and pedestrian entrances and accessways, loading docks, truck tunnels, truck parking and truck turn-around areas, vehicle 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, corridorswithout any liability to Tenant, elevators, stairs, ramps, drives and similar access and serviceways, washrooms and other Common Areas no such change shall entitle Tenant to any abatement of the Real Propertyrent. The rights of Tenant hereunder in and to the Common Areas 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 rights operator of Landlord and other tenants in the Building who use the same in common with Tenant, and it Parking Structure. Tenant shall be the duty of Tenant to keep all the Common Areas common facilities free and clear of any obstructions created or permitted by Tenant or resulting from Tenant’s operations'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 Areas from such areas common facilities or to prevent the use of such areas facilities by unauthorized persons. Subject to availability, Tenant’s employees shall have use in common with other tenants of the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses). (b) Landlord reserves the right, at any time and from time to time, to (1A) make alterations in or additions to the Common Areascommon facilities, including without limitation, constructing new buildings structures or changing the location, size, shape or and/or number of the common driveways, entrances, parking spaces, parking areas, loading and unloading areas, landscape areas, areas and walkways, entrances, lobbies, elevators, stairs, ramps, and similar (B) close temporarily any of the common facilities of the Building for maintenance purposes as long as reasonable access and servicewaysto the Premises remains available, (2C) designate property to be included in or eliminate property from the Common Areas, (3) close temporarily any common facilities of the Common Areas for maintenance purposesBuilding, and (4D) use the Common Areas common facilities of the Building while engaged in making alterations in or additions and or repairs to the Property; provided, however, that reasonable access to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas in the Building) near the Building remains available.

Common Facilities. (a) Tenant Tenant, subject to in accordance with all applicable provisions of this Lease, shall have the a non-exclusive right, in common with others, license to the use of any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives and similar access and serviceways, washrooms and other Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas shall at and the Project Common Areas (hereinafter for purposes of this Section collectively referred to as the “Common Areas”) (including, without limitation, the nonexclusive right to use all times be the Project parking areas and the Project Garage as more specifically set forth in Section 45 of this Lease), subject to the exclusive control and management of Landlord and the rights of Landlord and of other tenants tenants, owners and permitted users in the Building who Project, including owners and tenant of the adjoining residential development. Tenant shall comply with such rules and regulations as Landlord prescribes periodically regarding use the same in common with Tenant, and it shall be the duty of Tenant to keep all the Common Areas free including the rules and clear of any obstructions created or permitted by regulations attached hereto as Exhibit C. Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from for any sales or display purposes, or for any purpose which would impede or create hazardous conditions for the flow of pedestrian or other traffic. Tenant shall use only such areas entrances, exits, and service lanes in the rear of the stores as designated by Landlord for the loading or to prevent the use unloading of such areas by unauthorized personstrucks or other vehicles. Subject to availability, Tenant and Tenant’s employees shall have use in common with other tenants of only the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses)employee parking areas designated by Landlord. (b) Landlord reserves shall have the right, at any time exclusive right and from time authority to time, to (1) make alterations in or additions employ and discharge personnel with respect to the Common AreasAreas Without limiting the foregoing, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, ramps, and similar access and serviceways, Landlord may (2) designate property to be included in or eliminate property from the Common Areas, (3) close temporarily any of the Common Areas for maintenance purposes, and (4i) use the Common Areas while engaged for promotions, exhibits, displays, outdoor seating, food facilities and any other use which tends to attract customers to or benefits the Project; (ii) grant the right to conduct sales in making alterations in or additions such Common Areas; (iii) erect, remove and repairs lease kiosks, planters, pools, sculptures, buildings and other improvements within such Common Areas; (iv) enter into, modify and terminate easements and other agreements pertaining to the Propertyuse and maintenance of the Project; provided(v) construct, howevermaintain, that reasonable access operate, replace and remove lighting, equipment, and signs on all or any part of such Common Areas; (vi) restrict parking and discourage non-Project customer parking; and (vii) temporarily close all or any portion of the Project as may be necessary to prevent a dedication or accrual of any rights to any person or to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas in the Building) near the Building remains availablepublic.

Common Facilities. (a) Tenant Common Facilities" shall have mean those facilities and equipment which are used by Landlord in connection with the non-exclusive right, in common with others, to the use delivery of any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives and similar access and serviceways, washrooms and other Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas shall at all times be subject to the rights of Landlord and other tenants in the Building who use the same in common with Tenantservices to, and it shall be the duty of Tenant to keep all the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from such areas or to prevent the use of such areas by unauthorized persons. Subject to availabilityoperation, Tenant’s employees shall have use in common with other tenants maintenance and/or repair of the Building, of and/or the Building’s bike storagefacilities and equipment which constitute Common Facilities, locker room which, except as hereinafter provided, shall include, but not be limited to, (A) janitor closets, (B) lighting for parking and shower facilitiesroads, walkways, pathways, and sidewalks, (C) any and all mechanical, electrical and telephone rooms, (D) elevator, pipe and other vertical and horizontal shafts, risers, ducts and flues, (E) the central plant, (F) all Base Building Systems and all components thereof, and (G) any area above an acoustical ceiling, as well as the athletic area below floor surfaces and within walls. All such Common Facilities shall be subject to the control and management of Landlord. Tenant shall have no right to use any of the Common Facilities, except that Landlord will allow Tenant's qualified contractors to access the electrical room/fitness center at no additional cost , telephone rooms, above ceiling areas, and risers used for installations of various conduit and wires in and to Tenant (the Premises, provided that costs in connection with such amenities may be included in Operating Expenses). (b) Landlord reserves the right, at any time and from time to time, to (1) make alterations in or additions to the Common Areas, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading such contractors arrange access through Landlord and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, ramps, comply with Landlord's reasonable rules and similar access and servicewaysregulations, (2) designate property any installations in and modifications of such rooms, above ceiling areas and risers shall comply with all requirements pertaining to be included in or eliminate property from the Common AreasTenant Alterations, and (3) close temporarily Landlord shall have the right to approve all such installations and modifications to any such rooms, above ceiling areas and risers (not to be unreasonably withheld). Notwithstanding the foregoing, during the term of the Common Areas for maintenance purposesthis Lease, and (4) use the Common Areas while engaged in making alterations in or additions and repairs to the Property; provided, however, that reasonable Landlord shall not have access to the Premises and parking at Secured Areas unless (i) in the event of an emergency, or (only in connection 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 immediately thereafter provide Landlord with temporary interruptions of use of the parking areas in the Building) near the Building remains availablekeys, a valid access pass card and/or security codes to such Secured Areas.

Common Facilities. “Common Facilities” (asometimes referred to herein as “Common Areas”) Tenant shall have means all areas, facilities, utilities, equipment and services provided by Landlord for the non-exclusive rightcommon use or benefit of the occupants of the Center and their employees, in common with othersagents, to customers and other invitees, including without limitation, if the use of any common entrances, same exist. building lobbies, conferencing facilitiescommon corridors and hallways, corridorsrestrooms, 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, stairsretaining walls, rampsall areas required to be maintained under the conditions of governmental approvals for the Center, drives and similar access and serviceways, washrooms and other generally understood public or common areas. All Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas Facilities shall at all times be subject to the rights exclusive control and management of Landlord. Landlord reserves the right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to 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 tenants in the Building who use the same in common with Tenantfacilities; to restrict parking by tenants, their officers, agents and it shall be the duty employees to employee parking areas; to close all or any portion of Tenant to keep all the Common Areas free and clear Facilities to such extent; to close temporarily all or any portion of the Common Facilities for any reason, including for the purpose of preventing a dedication thereof or the accrual of any obstructions created rights to any person or permitted by Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time public therein; and to remove any persons not authorized do and perform such other acts in and to use the Common Areas from such areas or Facilities which Landlord shall determine, using good business judgment, to prevent be advisable to improve the convenience and use of such areas thereof by unauthorized personstenants, their officers, agents, employees and customers. Subject to availabilitythe foregoing, Tenant’s employees shall have all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants of the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses). (b) Landlord reserves the right, at any time and from time to time, to (1) make alterations in or additions to the Common Areas, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, rampstenants, and similar access if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and servicewaysTenant shall not be entitled to any compensation or abatement of rent, (2) designate property to nor shall such revocation or diminution be included in deemed constructive or eliminate property from the Common Areas, (3) close temporarily any of the Common Areas for maintenance purposes, and (4) use the Common Areas while engaged in making alterations in or additions and repairs to the Property; provided, however, that reasonable access to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas in the Building) near the Building remains availableactual eviction.

Common Facilities. Common Facilities” (asometimes referred to herein as “Common Areas”) Tenant shall have means all areas, facilities, utilities, equipment and services provided by Landlord for the non-exclusive rightcommon use or benefit of the occupants of the Center and their employees, in common with othersagents, to customers and other invitees, including without limitation, if the use of any common entrancessame exist: buildings, building lobbies, conferencing facilitiescommon corridors and hallways, corridorsrestrooms, 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, stairsretaining walls, rampsall areas required to be maintained under the conditions of governmental approvals for the Center, drives and similar access and serviceways, washrooms and other generally understood public or common areas. All Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas Facilities shall at all times be subject to the rights exclusive control and management of Landlord. Landlord reserves the right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to 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 tenants in the Building who use the same in common with Tenantfacilities; to restrict parking by tenants, their officers, agents and it shall be the duty employees to employee parking areas; to close all or any portion of Tenant to keep all the Common Areas free and clear Facilities to such extent; to close temporarily all or any portion of the Common Facilities for any reason, including for the purpose of preventing a dedication thereof or the accrual of any obstructions created rights to any person or permitted by Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time public therein; and to remove any persons not authorized do and perform such other acts in and to use the Common Areas from such areas or Facilities which Landlord shall determine, using good business judgment, to prevent be advisable to improve the convenience and use of such areas thereof by unauthorized personstenants, their officers, agents, employees and customers. Subject to availabilitythe foregoing, Tenant’s employees shall have all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants of the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses). (b) Landlord reserves the right, at any time and from time to time, to (1) make alterations in or additions to the Common Areas, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, rampstenants, and similar access if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and servicewaysTenant shall not be entitled to any compensation or abatement of rent, (2) designate property to nor shall such revocation or diminution be included in deemed constructive or eliminate property from the Common Areas, (3) close temporarily any of the Common Areas for maintenance purposes, and (4) use the Common Areas while engaged in making alterations in or additions and repairs to the Property; provided, however, that reasonable access to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas in the Building) near the Building remains availableactual eviction.

Common Facilities. ​ (a) Tenant Tenant, subject to in accordance with all applicable provisions of this Lease, shall have a non-exclusive license to use the Common Areas and the Project Common Areas (hereinafter for purposes of this Section collectively referred to as the “Common Areas”) (including, without limitation, the non-exclusive rightright to use all the Project parking areas and the Project Garage as more specifically set forth in Section 45 of this Lease), in common with others, subject to the use exclusive control and management of any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives Landlord and similar access and serviceways, washrooms and other Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas shall at all times be subject to the rights of Landlord and of other tenants tenants, owners and permitted users in the Building who Project, including owners and tenant of the adjoining residential development. Tenant shall comply with such rules and regulations as Landlord prescribes periodically regarding use the same in common with Tenant, and it shall be the duty of Tenant to keep all the Common Areas free including the rules and clear of any obstructions created or permitted by regulations attached hereto as Exhibit C. Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from for any sales or display purposes, or for any purpose which would impede or create hazardous conditions for the flow of pedestrian or other traffic. Tenant shall use only such areas entrances, exits, and service lanes in the rear of the stores as designated by ​ ​ ​ Landlord for the loading or to prevent the use unloading of such areas by unauthorized personstrucks or other vehicles. Subject to availability, Tenant and Tenant’s employees shall have use in common with other tenants of only the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses).employee parking areas designated by Landlord. ​ (b) Landlord reserves shall have the right, at any time exclusive right and from time authority to time, to (1) make alterations in or additions employ and discharge personnel with respect to the Common AreasAreas Without limiting the foregoing, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, ramps, and similar access and serviceways, Landlord may (2) designate property to be included in or eliminate property from the Common Areas, (3) close temporarily any of the Common Areas for maintenance purposes, and (4i) use the Common Areas while engaged for promotions, exhibits, displays, outdoor seating, food facilities and any other use which tends to attract customers to or benefits the Project; (ii) grant the right to conduct sales in making alterations in or additions such Common Areas; (iii) erect, remove and repairs lease kiosks, planters, pools, sculptures, buildings and other improvements within such Common Areas; (iv) enter into, modify and terminate easements and other agreements pertaining to the Propertyuse and maintenance of the Project; provided(v) construct, howevermaintain, that reasonable access operate, replace and remove lighting, equipment, and signs on all or any part of such Common Areas; (vi) restrict parking and discourage non-Project customer parking; and (vii) temporarily close all or any portion of the Project as may be necessary to prevent a dedication or accrual of any rights to any person or to the Premises and parking at or (only in connection with temporary interruptions of use of the parking areas in the Building) near the Building remains available.public. ​

Common Facilities. (a) Tenant shall have the non-exclusive right, right in common with others, to the use of any common entrances, lobbies, conferencing facilities, corridors, elevators, stairs, ramps, drives and similar access and serviceways, washrooms and other Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas shall at all times be subject to the rights of Landlord and other tenants in the Building who use the same in common with Tenant, and it shall be the duty of Tenant to keep all the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time to remove any persons not authorized to use the Common Areas from such areas or to prevent the use of such areas by unauthorized persons. Subject to availability, Tenant’s employees shall have use in common with other tenants of the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses). (b) Landlord reserves the right, at any time and from time to time, to (1) make alterations in or additions to the Common Areas, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, ramps, drives, stairs, ramps, and similar access and servicewaysserviceways and other common facilities in and adjacent to the Building, (2) designate property subject to such rules anti regulations ac may he adopted by the Landlord including but not limited to the right to close from time to time all or any portion of said common facilities to such extent as may be included legally sufficient, in Landlord's sole opinion, to prevent a dedication thereof or eliminate property from the Common Areas, (3) close temporarily accrual of rights to any person or to the public therein. Landlord shall at all times have exclusive control and management of the Common Areas common areas and facilities and no diminution thereof shall be deemed a constructive or actual eviction or entitle Tenant to compensation or a deduction or abatement of rent. All common areas and facilities which Tenant is permitted to use and occupy are used and occupied under a revocable license. Landlord, in its sole discretion, may increase, decrease or change the number, location and dimensions of any hallways, lobby areas, common areas, facilities and other improvements in the Building which are not within the Premises. Landlord agrees to advise Tenant at least thirty (30) days in advance of any proposed material changes to the configuration of the Building lobby, or any material change in the west entrance to the Building. Landlord reserves the right from time to time to (i) install, use, maintain, repair, relocate and replace pipes, ducts, conduits, wires and meters and equipment for maintenance purposesservice to the Premises or to other parts of the Building in the areas above the suspended ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building within the Premises and elsewhere in the Building; (ii) alter or expand the Building; and (4iii) use the Common Areas while engaged alter, relocate or substitute any common areas and facilities, all in making alterations in or additions and repairs to the Property; provided, however, that reasonable a manner which does not materially adversely affect access to the Premises and parking at Premises, or (only in connection with temporary interruptions of use the visibility of the parking areas in Premises from the Building) near the main Building remains availablelobby.

Common Facilities. Common Facilities” (asometimes referred to herein as “Common Areas”) Tenant shall have means all areas, facilities, utilities, equipment and services provided by Landlord for the non-exclusive rightcommon use or benefit of the occupants of the Building and their employees, in common with othersagents, to the use of any common entrancescustomers and other invitees, including without limitation: building lobbies, conferencing facilitiescommon corridors and hallways, corridorsrestrooms, 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, stairsretaining walls, rampsall areas required to be maintained under the conditions of governmental approvals for the Building, drives and similar access and serviceways, washrooms and other generally understood public or common areas. All Common Areas of the Real Property. The rights of Tenant hereunder in and to the Common Areas Facilities shall at all times be subject to the rights exclusive control and management of Landlord. Landlord reserves the right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to 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 tenants in the Building who use the same in common with Tenantfacilities; to restrict parking by tenants, their officers, agents and it shall be the duty employees to employee parking areas; to close all or any portion of Tenant to keep all the Common Areas free and clear Facilities to such extent; to close temporarily all or any portion of the Common Facilities for any reason, including for the purpose of preventing a dedication thereof or the accrual of any obstructions created rights to any person or permitted by Tenant or resulting from Tenant’s operations. Nothing herein shall affect the right of Landlord at any time public therein; and to remove any persons not authorized do and perform such other acts in and to use the Common Areas from such areas or Facilities which Landlord shall determine, using good business judgment, to prevent be advisable to improve the convenience and use of such areas thereof by unauthorized personstenants, their officers, agents, employees and customers. Subject to availabilitythe foregoing, Tenant’s employees shall have all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants of the Building, of the Building’s bike storage, locker room and shower facilities, as well as the athletic room/fitness center at no additional cost to Tenant (provided that costs in connection with such amenities may be included in Operating Expenses). (b) Landlord reserves the right, at any time and from time to time, to (1) make alterations in or additions to the Common Areas, including constructing new buildings or changing the location, size, shape or number of the common driveways, parking spaces, parking areas, loading and unloading areas, landscape areas, walkways, entrances, lobbies, elevators, stairs, rampstenants, and similar access if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and servicewaysTenant shall not be entitled to any compensation or abatement of rent, (2) designate property to nor shall such revocation or diminution be included in deemed constructive or eliminate property from the Common Areasactual eviction, (3) close temporarily any of the Common Areas for maintenance purposes, and (4) use the Common Areas while engaged in making alterations in or additions and repairs to the Property; provided, however, that reasonable so long as Tenant retains sufficient access to the Premises and parking at or (only in connection with temporary interruptions of 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 areas in 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 Building) near the Building remains availableextent possible any interference with Tenant’s business, including without limitation scheduling such work after business hours or on weekends.