Common use of CONTROL OF COMMON AREAS Clause in Contracts

CONTROL OF COMMON AREAS. AND PARKING FACILITIES BY LESSOR: All automobile parking areas, driveways, entrances and exits thereto, Common Areas and other facilities furnished by LESSOR, including all parking areas, truck way or ways, loading areas, pedestrian walkways and ramps, landscaped areas, stairways, corridors, Common Areas and other areas and improvements provided by LESSOR for general use, in common, of tenants, their officers, agents, employees, servants, invitees, licensees, visitors, patrons and customers, shall be at all times subject to the exclusive control and management of LESSOR and LESSOR shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to all facilities and areas and improvements; to police same; from time to time to change the area, level and location and arrangement of parking areas and other facilities hereinabove referred to; to restrict parking by and enforce parking charges (by operation of meters or otherwise) to tenants, their officers, agents, invitees, employees, servants, licensees, visitors, patrons and customers; to close all or any portion of said areas of facilities to such extent as may, in the opinion of /s/ illegible -------------- Initial 6 LESSOR'S counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any portion of the public areas, Common Areas or facilities; to discourage non-LESSEE parking; and to do and perform such other acts in and to said areas and improvements, as, in the sole judgment of LESSOR, the LESSOR shall determine to be advisable with a view to the improvement of the convenience and use thereof by tenants, their officers, agents, employees, servants, invitees, visitors, patrons, licensees and customers, LESSOR will operate and maintain the Common Areas and other facilities referred to in such reasonable manner as LESSOR shall determine from time to time. Without limiting the scope of such discretion, LESSOR shall have the full right and authority to designate a manager of the parking facilities and/or Common Areas and other facilities who shall have full authority to make and enforce rules and regulations regarding the use of the same or to employ all personnel and to make and enforce all rules and regulations pertaining to and necessary for the proper operation and maintenance of the parking areas and/or Common Areas and other facilities. Reference in this Paragraph to parking areas and/or facilities shall in no way be construed as giving LESSEE hereunder any rights and/or privileges in connection with such parking areas and/or facilities unless such rights and/or privileges are expressly set forth in Paragraph 15 hereof.

CONTROL OF COMMON AREAS. AND PARKING FACILITIES BY LESSOR: All automobile parking areas, driveways, entrances and exits thereto, Common Areas and other facilities furnished by LESSORLessor from time to time in or near the Shopping Center, including all employee and customer parking areas, the truck way or ways, loading areasdocks, package pick-up stations, Shopping Center signs, pedestrian walkways sidewalks and ramps, landscaped areas, exterior stairways, corridorshallways, Common Areas display and exhibit areas and other areas and improvements provided by LESSOR Lessor for the general use, in common, of tenantsLessee of the Shopping Center, their officers, agents, employees, servants, invitees, licensees, visitors, patrons employees and customers, shall be at all times be subject to the exclusive control and management of LESSOR Lessor or its designees, and LESSOR Lessor shall have the right right, from time to time time, to establish, modify and enforce reasonable rules and regulations with respect to all facilities and areas mentioned in this paragraph. All such facilities and improvementsareas, together with the foundations, concrete floors, exterior walls and roofs of all buildings within the Shopping Center and all ducts, conduits and similar items, heating, ventilating, air conditioning, plumbing, security and fire protection systems and storm, sanitary drainage and other utility systems not installed by or exclusively serving a single Lessee of the Shopping Center, are hereinafter collectively called the "Common Areas." Lessor, or its designees, shall have the right to construct, maintain and operate lighting and parking facilities on all Common Areas; to police the same; from time to time to change or reduce the area, level and location level, location, size and arrangement of parking areas and other facilities hereinabove referred toto as long as the number of parking spaces complies with all applicable laws and ordinances; to restrict parking by and enforce parking charges (by operation of meters or otherwise) to tenantslessee, their officers, agents, invitees, employees, servants, licensees, visitors, patrons agents and customersemployees to employee parking areas; to close all or any portion of said areas of or facilities to g, air conditioning, plumbing, electric wiring, due to normal use and operation of said building equipment such extent as may, in the opinion of /s/ illegible -------------- Initial 6 LESSOR'S counsel Lessor's counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; close temporarily all or any portion of the public areas, parking areas of facilities; erect improvements or buildings on such parking areas and other Common Areas or facilitiesand improvements; to discourage non-LESSEE noncustomer parking; and to do and perform such other acts in and to said areas and improvements, improvements as, in the sole judgment use of LESSORgood business judgment, the LESSOR Lessor shall determine to be advisable with a view to the improvement of the convenience and use thereof by tenantstenants of the Shopping Center, their officers, agents, employees, servants, invitees, visitors, patrons, licensees employees and customers; provided that no such changes shall deny or materially interfere with reasonable visibility of, LESSOR will operate and maintain ingress to or egress from the Common Areas and other facilities referred to in such reasonable manner as LESSOR shall determine from time to time. Without limiting the scope of such discretion, LESSOR shall have the full right and authority to designate a manager of the parking facilities and/or Common Areas and other facilities who shall have full authority to make and enforce rules and regulations regarding the use of the same or to employ all personnel and to make and enforce all rules and regulations pertaining to and necessary for the proper operation and maintenance of the parking areas and/or Common Areas and other facilities. Reference in this Paragraph to parking areas and/or facilities shall in no way be construed as giving LESSEE hereunder any rights and/or privileges in connection with such parking areas and/or facilities unless such rights and/or privileges are expressly set forth in Paragraph 15 hereofPremises.

CONTROL OF COMMON AREAS. AND PARKING FACILITIES BY LESSOR: All automobile parking areas, driveways, entrances and exits thereto, Common Areas and all other facilities furnished by LESSORfacilities, utilities, improvements, equipment and installations In or serving the Village Center, including all employee and customer parking areas, the truck way or ways, loading areasdocks, package pickup stations. Village Center signs, pedestrian walkways sidewalks and ramps, landscaped areas, exterior stairways, corridorshallways, Common Areas exterior doors, exterior windows, lobby (on first floor of the Building), bathrooms, security alarm equipment (other than that serving the Premises), display and exhibit areas and other areas and improvements provided by LESSOR Landlord for the general use, in common, of tenantstenants of the Village Center, their officers, agents, employees, servants, invitees, licensees, visitors, patrons employees and customers, customers shall be at all times be subject to the exclusive control and management of LESSOR Landlord or its designees, and LESSOR Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to all facilities and areas mentioned in this Article, All such facilities and areas, together with all other areas, facilities, utilities, improvements; to police same; , equipment and installations (a) in or serving the Village Center which, from time to time, are not designated or intended by the Landlord to be exclusively leased to tenants of the Village Center, and/or (b) which are otherwise reasonably designated by the Landlord as Common Areas or are provided or reasonably designated by the Landlord for the use or benefit of the tenants, their employees, customers and other invitees in common with others entitled to their use or benefit, including but not limited to the foundations, concrete floors, exterior walls and roofs of all buildings within the Village Center and all ducts, conduits and similar items, heating, ventilating, air conditioning, plumbing, security and fire detection and protection systems and storm, sanitary drainage and other utility systems not installed by or exclusively serving a single tenant of the Village Center, are collectively referred to herein as the “ Common Areas.” Subject to the terms of this Lease, Landlord or its designees shall have the right to construct, maintain and operate lighting and parking facilities on any part (or all) of the Common Areas: to police the same from time to time; to change or reduce the area, level and location level, location, size and arrangement of parking areas and other facilities hereinabove referred toof the Common Areas; to restrict parking by and enforce parking charges (by operation of meters or otherwise) to tenants, their officers, agents, invitees, employees, servants, licensees, visitors, patrons and customers; to temporarily close all or any portion of said areas of or facilities to such extent as may, in the opinion of /s/ illegible -------------- Initial 6 LESSOR'S counsel 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 restrict parking by tenants and their employees to employee parking areas reasonably designated from time to time by Landlord; to close temporarily all or any portion of the public areas, Common Areas parking areas or facilities; to erect improvements or buildings on such parking areas or on any other Common Area for lease or sale purposes and to lease or sell such improvements; to discourage non-LESSEE customer parking; and to do and perform such other acts in and to said areas and improvements, improvements as, in the Landlord’s sole judgment of LESSOR, the LESSOR shall determine and absolute judgment. Landlord determines to be advisable with a view to the improvement of the convenience and use thereof by tenants, their officers, agents, employees, servants, invitees, visitors, patrons, licensees and customers, LESSOR will operate and maintain tenants of the Common Areas and other facilities referred Village Center: provided that no such changes shall deny or materially interfere with reasonable ingress to in such reasonable manner as LESSOR or egress from the Premises unless mandated to do so by governmental agencies. Tenant shall determine from time to timetime upon request by Landlord furnish Landlord with license plate numbers and state identification assigned to vehicles of Tenant’s employees. Without limiting Notwithstanding the scope of such discretionforegoing, LESSOR shall have the full right and authority to designate a manager parties hereby acknowledge that the area included in the Premises located upon the second floor of the parking facilities and/or Building, including, but not limited to, the lobby, the security system providing security service for the second floor of the Building and the elevator providing elevator service to the Premises are not intended to be Common Areas and other facilities who shall have full authority to make and enforce rules and regulations regarding the use of the same or Village Center, but are for Tenant’s use and the Tenant shall pay the cost to employ all personnel operate, maintain and repair such systems (subject to make and enforce all rules and regulations pertaining Landlord’s obligation to and necessary for repair the proper operation and maintenance elevator unless such repairs are the result of the parking areas and/or Common Areas and other facilities. Reference wrongful acts of Tenant, in this Paragraph to parking areas and/or facilities which ease, the Tenant shall in no way be construed as giving LESSEE hereunder any rights and/or privileges in connection with responsible for such parking areas and/or facilities unless such rights and/or privileges are expressly set forth in Paragraph 15 hereof.repair),

CONTROL OF COMMON AREAS. AND PARKING FACILITIES BY LESSOR: All automobile parking areas, driveways, entrances Landlord shall have the right at all times to determine the nature and exits thereto, extent of the Common Areas and other facilities furnished by LESSORto make changes from time to time which in Landlord's opinion are desirable and in the best interests of all persons using the Common Areas. Landlord's rights hereunder include without limitation, including all the right to install, remove, relocate and change driveways, entrances, exits, automobile parking spaces, the direction and flow of traffic, prohibited areas, truck way or ways, loading areas, pedestrian walkways and ramps, landscaped areas, stairwaysutilities, corridorsall signage surfaces on buildings and monument signs and all facilities of the foregoing. Landlord shall have exclusive control of the Common Areas, and may, without limitation, lease space within the Common Areas to tenants for the sale of merchandise or services, and other areas permit advertising displays, educational displays and improvements provided by LESSOR for general useentertainment in the Common Areas; provided, in commonhowever, none of tenants, their officers, agents, employees, servants, invitees, licensees, visitors, patrons the foregoing shall materially adversely affect the visibility or accessibility of the Premises. Landlord may at any time and customers, shall be at all times subject to the exclusive control and management of LESSOR and LESSOR shall have the right from time to time to establishduring the Term exclude and restrain any person from use or occupancy of the Common Areas, modify except for bona fide customers, patrons and enforce reasonable service suppliers of Tenant and other tenants and occupants of the Shopping Center who use the Common Areas in accordance with the rules and regulations with respect then established by Landlord. The rights of Tenant under this Article 24 shall at all times be subject to all facilities the rights of Landlord, the other tenants of Landlord ____________________ ______________________ Landlord Tenant and areas the other owners and improvements; to police same; from time to time to change the area, level and location and arrangement of parking areas and other facilities hereinabove referred to; to restrict parking by and enforce parking charges (by operation of meters or otherwise) to tenants, their officers, agents, invitees, employees, servants, licensees, visitors, patrons and customers; to close all or any portion of said areas of facilities to such extent as may, in the opinion of /s/ illegible -------------- Initial 6 LESSOR'S counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any portion occupants of the public areas, Shopping Center to use the Common Areas in common with Tenant. Tenant shall not create or facilities; to discourage non-LESSEE parking; and to do and perform such other acts permit any obstructions in and to said areas and improvements, as, in the sole judgment of LESSOR, the LESSOR shall determine to be advisable with a view to the improvement of the convenience and use thereof by tenants, their officers, agents, employees, servants, invitees, visitors, patrons, licensees and customers, LESSOR will operate and maintain the Common Areas and other facilities referred shall permit its customers, patrons and service suppliers to in such reasonable manner as LESSOR shall determine from time to time. Without limiting use the scope of such discretion, LESSOR shall have the full right and authority to designate a manager of the parking facilities and/or Common Areas only for normal parking and other facilities who shall have full authority to make ingress and enforce rules and regulations regarding the use of the same or to employ all personnel and to make and enforce all rules and regulations pertaining egress to and necessary for from the proper operation and maintenance of the parking areas and/or Common Areas and other facilities. Reference in this Paragraph to parking areas and/or facilities shall in no way be construed as giving LESSEE hereunder any rights and/or privileges in connection with such parking areas and/or facilities unless such rights and/or privileges are expressly set forth in Paragraph 15 hereofBuilding occupied by Tenant.