Common use of Common Facilities Clause in Contracts

Common Facilities. (a) The Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; to change the areas, locations and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of the Common Facilities; to construct surface or elevated parking areas and facilities; to establish and change the level of parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if any; to close all or any portion of such parking areas or other Common Facilities to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlord, in the exercise of good business judgment, shall determine to be advisable, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises. Landlord agrees that it shall not enact any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules and regulations to the tenants of the Building in a uniform manner and shall not discriminate against Tenant in applying such rules and regulations. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Common Facilities. “Common Facilities” (asometimes referred to herein as “Common Areas”) The means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Center and their employees, agents, customers and other invitees, including without 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 Center, 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 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, 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 change the areasconstruct, locations maintain and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of operate lighting facilities on the Common Facilities; to construct surface or elevated police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to establish restrict parking by tenants, their officers, agents and change the level of employees to employee parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if anyareas; to close all or any portion of such parking areas or other 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 Landlordthe Common Facilities for any reason, be necessary to prevent including for the purpose of preventing a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlordthe Common Facilities which Landlord shall determine, in the exercise of using good business judgment, shall determine to be advisableadvisable to improve the convenience and use thereof by tenants, provided that none of their officers, agents, employees and customers. Subject to the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of foregoing, all Common Facilities not within the Premises. , which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants, and if any such license is revoked, or if the amount of such areas is diminished, Landlord agrees that it shall not enact be subject to any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules liability and regulations to the tenants of the Building in a uniform manner and Tenant shall not discriminate against Tenant in applying be entitled to any compensation or abatement of rent, nor shall such rules and regulationsrevocation or diminution be deemed constructive or actual eviction. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

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 (a) The 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 change the areasconstruct, locations maintain and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of operate lighting facilities on the Common Facilities; to construct surface or elevated police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to establish restrict parking by tenants, their officers, agents and change the level of employees to employee parking surfacesareas; to establishenforce parking charges (by operation of meters or otherwise), modify and enforce rules, regulations with appropriate provisions for free parking facilities provided ticket validating by Landlord, if anytenants; to close all or any portion of such parking areas or other the Common Facilities to such extent as may, in the opinion of Landlord’s counsel, be necessary legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily all or any or all portions portion of the said areas or facilitiesCommon Facilities; to discourage non-customer parking; and to do and perform such other acts in and to said areas and improvements as Landlordthe Common Facilities which Landlord shall determine, in the exercise of using good business judgment, shall determine to be advisableadvisable to improve the convenience and use thereof by tenants, provided that none of their officers, agents, employees and customers. Subject to the foregoing shall adversely affect foregoing, Tenant or Tenant's agents' access to or may use of the Premises or reduce the usable area of 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 agrees that it shall not enact be subject to any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules liability and regulations to the tenants of the Building in a uniform manner and Tenant shall not discriminate against Tenant in applying be entitled to any compensation or abatement of rent, nor shall such rules and regulationsrevocation or diminution be deemed constructive or actual eviction. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Common Facilities. Subject to Landlord’s right to change or alter any of the following in Landlord’s discretion as herein provided, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use in common with others, subject to commercially reasonable rules from time to time made by Landlord of which Tenant is given notice (a) The Common Facilities the “Rules and Regulations”), the walkways and driveways necessary for access to the Building, 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 at all times 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 exclusive control foregoing shall be subject to all of the terms and management conditions of LandlordSection 5.12(A). Landlord Tenant’s selected telecommunication service provider shall have the right to establish, modify and enforce reasonable rules and regulations with respect access to the Common Facilities; Building and the Premises to change the areasprovide Tenant’s telecommunication services, locations at Tenant’s sole cost and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of the Common Facilities; to construct surface or elevated parking areas and facilities; to establish and change the level of parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if any; to close all or any portion of such parking areas or other Common Facilities to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlord, in the exercise of good business judgment, shall determine to be advisableexpense, provided that none of if Tenant’s selected telecommunications service provider is not already providing service to the foregoing Building, such provider shall adversely affect Tenant be subject to Landlord’s prior approval (which shall not be unreasonably withheld, conditioned, or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premisesdelayed). Landlord agrees that it may modify, amend, supplement or change the Rules and Regulations from time to time upon reasonable prior notice (except in the event of an emergency) to Tenant and provided that, except if required in connection with applicable Legal Requirements, in no event shall not enact any rule new or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes amended Rules and Regulations be inconsistent with Tenant's permitted use ’s rights under this Lease and in the event of any conflict between the Premises. Landlord agrees that it terms and conditions of this Lease and the Rules and Regulations, the provisions of this Lease shall apply the rules and regulations to the tenants of the Building in a uniform manner and shall not discriminate against Tenant in applying such rules and regulationscontrol. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Common Facilities. 43.1. Landlord shall, at Landlord’s cost, construct the Common Facilities (as defined in Exhibit “B”) of the Center. Landlord may construct the Center and the Common Facilities in phases or stages and not all Common Facilities of the Center may be constructed by the Commencement Date. Notwithstanding the foregoing, however, Landlord has constructed or shall construct prior to the Commencement Date such portions of the Common Facilities as shall be reasonably required (a) The to provide ingress and egress to the Premises and the parking associated therewith from one or more public streets adjacent to the Center and (b) to provide to the Premises its Allocated Parking Spaces located within the Common Facilities shall at all times be subject pursuant to the exclusive control “Parking Plan” attached hereto as Exhibit “H” and management of Landlordmade a part hereof. Except as otherwise specifically provided herein, Landlord shall have cause all “Common Facilities” to be constructed, operated, maintained, repaired, lighted, cleaned and equipped during the right term of this Lease in such manner and at such times as Landlord determines to establish, modify be appropriate. 43.2. Provided such changes do not materially and enforce reasonable rules and regulations with respect adversely affect Tenant’s use of or access to the Common Facilities; Premises, Landlord may make changes from time to change time in the areassize, locations shape, location, and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance extent of the Common Facilities; to construct surface , which in Landlord’s sole discretion are desirable (including, but not limited to, the addition, elimination, location, or elevated relocation of surface, underground, or multiple-deck parking areas areas, driveways, entrances, exits, landscaped, or prohibited areas, and facilities; to establish the determination of direction and flow of traffic). No such change the level of parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if any; to close all or any portion of such parking areas or other Common Facilities to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights shall entitle Tenant to any person or to the public thereinabatement of rent except as provided below; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts provided, however, that Landlord shall make no changes in and to said areas and improvements as Landlord, in the exercise of good business judgment, shall determine to be advisable, provided a manner that none of the foregoing shall adversely affect Tenant or will unreasonably interfere with Tenant's agents' access to or ’s use of the Premises or reduce the usable area of the Premisesas permitted hereunder. Except as expressly provided in this Section, Landlord agrees that it shall not enact be obligated to design, construct, install, or pay for any rule other improvements or regulation with respect assessments of any type or extent whatsoever. In the event of Landlord’s failure or inability to the Common Facilitiesdesign, including the parking facilitiesconstruct, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules and regulations to the tenants of the Building install such improvements in a uniform manner timely manner, Tenant’s exclusive remedy shall be to xxxxx payment of rent for a period of time commencing on the date by which Allocated Parking Spaces are required to be completed and continuing until that date on which the same are finally completed, but only if Tenant gives Landlord timely written notice setting forth the facts reasonably giving rise to such rent abatement. No such delay in completion of such improvements shall not discriminate against entitle Tenant in applying such rules and regulationsto terminate this Lease. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Common Facilities. “Common Facilities” means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Center and their employees, agents, customers and other invitees, including without limitation, if the same exist; building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (a) The 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 Center, 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 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 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 change the areasconstruct, locations maintain and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of operate lighting facilities on the Common Facilities; to construct surface or elevated police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to establish restrict parking by tenants, their officers, agents and change the level of employees to employee parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if anyareas; to close all or any portion of such parking areas or other 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, be necessary to prevent preventing a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlordthe Common Facilities which Landlord shall determine, in the exercise of using good business judgment, shall determine to be advisableadvisable to improve the convenience and use thereof by tenants, provided that none of the foregoing shall adversely affect Tenant or Tenant's their officers, agents' access to or use of the Premises or reduce the usable area of the Premises. Landlord agrees that it shall not enact any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules employees and regulations to the tenants of the Building in a uniform manner and shall not discriminate against Tenant in applying such rules and regulations. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities customers so long as adequate facilities Tenant retains reasonable ingress and egress to the Premises and the parking areas. Subject to the foregoing, all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common are made available with other tenants, and if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to the Tenantany liability and Tenant shall not be entitled to any compensation or abatement of rent, provided that none of the foregoing nor shall adversely affect Tenant such revocation or Tenant's agents' access to diminution be deemed constructive or use of the Premises or reduce the usable area of the Premisesactual eviction.

Common Facilities. (a) The Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; to change the areas, locations and arrangements of parking areas and other Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of the parking areas and other Common Facilities; to restrict parking by tenants, their officers, agents, and employees to employee parking areas; to construct surface or elevated parking areas and facilities; to establish and change the level of parking surfaces; to establish, modify and enforce rules, regulations for parking facilities provided by Landlord, if any; to close all or any portion of such the parking areas or other Common Facilities to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilitiesfacilities for repairs or other purposes permitted under the Lease; to discourage non-tenant parking and to do and perform such other acts in and to said areas and improvements as Landlordas, in the exercise of good business judgment, Landlord shall determine to be advisableadvisable for the convenience and use thereof by tenants, provided that none of the foregoing shall adversely affect Tenant or Tenant's their officers, agents' access to or use of the Premises or reduce the usable area of the Premises. Landlord agrees that it shall not enact any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules employees and regulations to the tenants of the Building in a uniform manner and shall not discriminate against Tenant in applying such rules and regulationscustomers. (b) Landlord will operate and maintain the Common Facilities which may be provided pursuant to this Section in a first-class manner and shall keep the same in good condition. (c) Tenant and its employees shall park their cars only in those parking areas designated for that purpose by Landlord. (d) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant. Anything herein to the contrary notwithstanding, provided that none there shall be no material diminution of the foregoing shall adversely affect Common Facilities, the availability and quality and condition of which constitute a material inducement for Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premisesentering into this Lease.

Common Facilities. (a) The All portions of the Shopping Center neither leased nor intended to be leased at the time to Tenant or other tenants are herein referred to as Common Facilities Facilities, shall at all times be subject to the exclusive control and management (subject to any express provisions of this lease) of Landlord. , and shall include, without limitation: all parking areas, access roads, employee parking areas, the truck way or ways, driveways, delivery passages, package pickup stations, pedestrian sidewalks, ramps, landscaped and planted areas, retaining walls, stairways, bus stops, first aid station, lighting facilities, comfort stations, and other areas and improvements. (b) Landlord shall have the right right: to establish, modify and enforce reasonable reasonable, uniform and non-discriminatory rules and regulations with respect to the Common Facilities, subject to Tenant’s prior written approval which shall not be unreasonably withheld, which Tenant will follow as long as all other tenants are similarly obligated to follow them; to change the areas, locations locations, and arrangements of Common Facilities; to enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of the Common Facilities; to construct surface or elevated parking areas and other common facilities; to establish regulate traffic flow and change the level of parking surfacesdelivery truck flow; to establishrestrict parking by tenants, modify their officers, agents, and enforce rules, regulations for employees to employee parking facilities provided by Landlord, if anyareas; to close all or any portion of such said parking areas or other Common Facilities common facilities to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; to discourage non-customer parking; and to do and perform such other acts in and to said areas and improvements as Landlordas, in the exercise of good business judgment, Landlord shall determine to be advisable, provided that none advisable with a view to the improvement of the foregoing shall adversely affect Tenant or Tenant's convenience and use thereof by tenants, their officers, agents' access to or use of the Premises or reduce the usable area of the Premises, employees, and customers. Notwithstanding any contrary provision provided in this paragraph (b), Landlord agrees that it Landlord shall not enact not, without Tenant’s prior written consent: (i) Change the layout or availability of the Common Facilities or parking space areas without Tenant’s written consent, (ii) construct any rule new structures on the Common Facilities or regulation with respect parking areas or construct additions to existing structures, without Tenant’s written consent, (iii) modify any easement or agreement pertaining to the use of, or ingress to or egress from, the parking areas, (iv) impose any parking charges, (v) close the parking areas for more than 1 day per year to prevent dedication, (vi) temporarily or permanently close the parking areas or Common Facilities, in whole or part, during Tenant’s store hours, except during the conduct of maintenance and repairs which shall be diligently performed to minimize the closing period, (vi) reduce the number of parking spaces existing on the date hereof, and (vii) enter into written agreements to permit parking by persons other than tenants, customers, and invitees of the Shopping Center. In addition, Landlord agrees to maintain security for the Shopping Center comparable to the standards of security utilized and maintained by Tenant at its shopping center on the 1st day of April 2014, and further agrees to keep the Common Facilities, including parking areas and egress, open and adequately lighted for at least one hour after Tenant closes the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules and regulations to the tenants of the Building in a uniform manner and shall not discriminate against Tenant in applying such rules and regulationsdemised premises for business. (b) Landlord reserves the right in its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all of the Common Facilities so long as adequate facilities in common are made available to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises.

Common Facilities. (a) The Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities; to change the " shall mean all areas, locations facilities, utilities, equipment and arrangements of Common Facilities; to enter into, modify services within the Building and terminate easement and other agreements pertaining to the use and maintenance of the Common Facilities; to construct surface or elevated parking areas and facilities; to establish and change the level of parking surfaces; to establish, modify and enforce rules, regulations for parking facilities Project provided by Landlord, if any; to close all Landlord for the common use or any portion benefit of such parking areas or other Common Facilities to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; to close temporarily any or all portions of the said areas or facilities; and to do and perform such other acts in and to said areas and improvements as Landlord, in the exercise of good business judgment, shall determine to be advisable, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or use of the Premises or reduce the usable area of the Premises. Landlord agrees that it shall not enact any rule or regulation with respect to the Common Facilities, including the parking facilities, that unduly interferes with Tenant's permitted use of the Premises. Landlord agrees that it shall apply the rules and regulations to 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 be entitled to use the Common Facilities during the Term, in a uniform manner common with Landlord and shall not discriminate against with other persons authorized by Landlord from time to time, subject to the Rules and Regulations. Tenant in applying such rules and regulations. (b) Landlord reserves the right in expressly covenants that its sole discretion to change, rearrange, alter, modify, reduce or supplement any or all 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 adequate facilities as) Tenant is leasing an entire floor in common are made available the Building and is thereby entitled to the Tenant, provided that none of the foregoing shall adversely affect Tenant or Tenant's agents' access to or exclusive use of the Premises or reduce lobby located on such floor, such lobby shall not be included in the usable Common Facilities and Landlord shall have no obligation whatsoever to maintain, repair and/or otherwise service such lobby. In the event that Tenant no longer leases an entire floor in the Building, Tenant shall no longer have exclusive use of such lobby area of and such lobby area shall be included in the PremisesCommon Facilities hereunder.