Common use of Maintenance and Use of Common Area Clause in Contracts

Maintenance and Use of Common Area. The manner in which the Common Area shall be maintained shall be solely determined by Landlord. If any tenant of any portion of the Entire Premises maintains its own Common Area (Landlord shall have the right in its sole discretion to allow any tenant to so maintain its own Common Area and be excluded from participation in the payment of Common Area Expenses as provided below), Landlord shall not have any responsibility for the maintenance of that portion of the Common Area; Tenant hereby waives any claims or damages arising out of any failure of such Landlord or tenant to so maintain its portion of the Common Area. The use and occupancy by Tenant of the Premises shall include the right to use the Common Area (except those portions of the Common Area on which have been constructed or placed permanent or temporary kiosks, displays, carts and stands and except areas used in the maintenance or operation of the Entire Premises), in common with Landlord and tenants of the Entire Premises and their customers and invitees, subject to such reasonable, non-discriminatory rules and regulations concerning the use of the Common Area as may be established by Landlord from time to time. Written notice of such rules and regulations and amendments and supplements thereto, if any, shall be given to Tenant fifteen (15) days prior to their effective date. Tenant agrees to promptly comply with all such rules and regulations upon receipt of written notice from Landlord. Landlord shall have no liability if any Landlord or tenant does not comply with such rules and regulations. Tenant and Tenant’s employees and agents shall not solicit business in the Common Areas, nor shall Tenant distribute any handbills or other advertising matter on automobiles parked in the Common Area.

Maintenance and Use of Common Area. The manner in which the Common Area shall be maintained shall be solely determined by LandlordMaster Lessor. If any owner or tenant of any portion of the Entire Premises Center maintains its own Common Area located upon its parcel or demised premises (Landlord Master Lessor shall have the right in its sole discretion to allow any purchaser or tenant to so maintain its own Common Area located upon its parcel or demised premises and to be excluded from participation in the payment of Common Area Expenses as provided below), Landlord Master Lessor shall not have any responsibility for the maintenance of that portion of the Common Area; Tenant hereby waives any Area and Master Lessee shall have no claims or damages against Master Lessor arising out of any failure of such Landlord owner or tenant to so maintain its portion of the Common Area. The use and occupancy by Tenant Master Lessee of the Premises shall include the right to use the Common Area (except those portions of the Common Area on which have been constructed or placed permanent or temporary kiosks, displays, carts carts, and stands and except areas used in the maintenance or operation of the Entire PremisesCenter), in common with Landlord Master Lessor and other tenants of the Entire Premises Center and their customers and invitees, subject to (i) the rights of other tenants in the Center; and (ii) such reasonable, non-discriminatory rules and regulations concerning the use of the Common Area Center as may be established by Landlord Master Lessor from time to time. Written notice of such rules and regulations and amendments and supplements thereto, if any, shall be given to Tenant fifteen (15) days prior to their effective date. Tenant Master Lessee agrees to promptly comply with all such rules and regulations and any amendments thereto, upon receipt of written notice from LandlordMaster Lessor. Landlord Master Lessee hereby acknowledges that Master Lessor shall have no liability if any Landlord or tenant does not comply with such rules and regulations. Tenant and Tenant’s employees and agents shall not solicit business in the Common Areas, nor shall Tenant distribute any handbills obligation whatsoever to provide security service or other advertising matter on automobiles parked in security measures for the Common Areabenefit of the Premises or the Shopping Center. Master Lessee assumes all responsibility for the protection of Master Lessee, its agents, employees, contractors, customers and invitees and the property of Master Lessee and of Master Lessee’s agents, employees, contractors, customers and invitees, from acts of third parties. Nothing herein contained shall prevent Master Lessor, at Master Lessor’s sole option, from providing security protection for the Center or any part of it.

Maintenance and Use of Common Area. The manner in which the Common Area shall be maintained shall be solely determined by Landlord. If any owner or tenant of any portion of the Entire Premises Project maintains its own Common Area located upon its parcel or demised premises (Landlord shall have the right in its sole discretion to allow any purchaser or tenant to so maintain its own Common Area located upon its parcel or demised premises and to be excluded from participation in the payment of Common Area Expenses as provided below), Landlord shall not have any responsibility for the maintenance of that portion of the Common Area; Area and Tenant hereby waives any shall have no claims or damages against Landlord arising out of any failure of such Landlord owner or tenant to so maintain its portion of the Common Area. The use and occupancy by Tenant of the Premises shall include the right to use the Common Area (except those portions of the Common Area on which have been constructed or placed permanent or temporary kiosks, displays, carts carts, and stands and except areas used in the maintenance or operation of the Entire PremisesProject), in common with Landlord and other tenants of the Entire Premises Project and their customers and invitees, subject to (i) any covenants, conditions and restrictions affecting the Project, or any portion thereof, which are incorporated herein by this reference, as the same may be amended from time to time (“Declarations”), and (ii) such reasonable, non-discriminatory rules and regulations concerning the use of the Common Area Project as may be established by Landlord from time to time. Written notice of such rules time including, without limitation, the Rules and regulations and amendments and supplements thereto, if any, shall be given to Tenant fifteen (15) days prior to their effective date. Regulations attached hereto as Exhibit “E” Tenant agrees to promptly comply with all such rules and regulations and any amendments thereto, upon receipt of written notice from Landlord. Tenant hereby acknowledges that Landlord shall have no liability if any Landlord obligation whatsoever to provide security service or tenant does not comply with such rules and regulationsother security measures for the benefit of the Premises, the Building or the Shopping Center. Tenant assumes all responsibility for the protection of Tenant, its agents, employees, contractors, customers and invitees and the property of Tenant and of Tenant’s employees agents, employees, contractors, customers and agents Invitees, from acts of third parties. Nothing herein contained shall not solicit business in prevent Landlord, at Landlord’s sole option, from providing security protection for the Common Areas, nor shall Tenant distribute Shopping Center or any handbills or other advertising matter on automobiles parked in the Common Areapart of it.