Common use of OPERATION AND MAINTENANCE OF COMMON AREAS Clause in Contracts

OPERATION AND MAINTENANCE OF COMMON AREAS. SECTION 6.01: The manner in which the parking and adjacent common areas shall be maintained and operated and the expenditures therefore shall be at the sole discretion of the Lessor and the use of such areas and facilities shall be subject to such regulations as Lessor shall make from time to time. Lessor shall not impose such regulations that would have an adverse, negative effect on the operation of the Lessee's business. SECTION 6.02: Lessee agrees to pay as rent to Lessor in the manner hereinafter provided, but not more often than once monthly, Lessee's proportionate share of all costs and expenses of every kind and nature paid or incurred by Lessor in operating, equipping, policing and protecting, lighting, insuring repairing, replacing and maintaining the common areas. Such costs and expenses shall include, but not be limited to, illumination and maintenance of the premises, signs, cleaning, lighting, line painting, landscaping, sewer and premiums for liability and property insurance; and an amount equal to Lessee's proportionate share of fifteen percent (15%) of the total of all of the foregoing costs and expenses to cover administrative cost. Any utilities furnished or supplied to any Lessee or the building which are not separately metered, shall be considered a cost to maintain the common areas and shall be included as part of such cost. For the purpose hereof, any charges for utilities contained in the foregoing costs and expenses shall be at the same rates as the rates for comparable service from applicable utility company serving the area in which the premises is located. The proportionate share to be paid by Tenant shall be computed on the basis that the total number of square feet of floor area in the leased premises bears to the total number of square feet of constructed leasable floor area at the premises. Lessee's proportionate share of such costs and expenses for each lease year and partial lease year shall be paid as rent in monthly installments on the 1st day of each calendar month, in advance, in an amount estimated by Lessor. Within ninety (90) days after the end of each lease year or partial lease year, Lessor shall furnish Lessee with a statement of the actual amount of Lessee's proportionate share of such costs and expenses for such period. If the total amount paid by Lessee under the Section for any calendar year shall be less than the actual amount due from Lessee for such years as shown on such statement, Lessee shall pay to Lessor the difference between the amount paid by Lessee and the actual amount due, such deficiency to be paid within ten (10) days after the furnishing of each such statement, and if the total amount paid by Lessee hereunder for any such calendar year shall exceed such actual amount due from Lessee for such calendar year, such excess shall be credited against the next installment due from Lessee to Lessor under this Section 6.02.

OPERATION AND MAINTENANCE OF COMMON AREAS. SECTION Section 6.01: Lessor agrees, at Lessor's sole cost and expense, to construct the building and hard surface, to properly drain, landscape, and light a parking area or parking areas. Lessor further agrees to cause to be operated, managed, and maintained during the term of this Lease, all parking areas, roads, sidewalks, landscaping, drainage, and common area lighting facilities in the Building. The manner in which the parking such areas and adjacent common areas facilities shall be maintained and operated operated, and the expenditures therefore therefore, shall be at the sole discretion of the Lessor Lessor, and the use of such areas and facilities shall be subject to such reasonable regulations as Lessor shall make from time to time. Lessor shall not impose such regulations that would have an adverse, negative effect on the operation of the Lessee's business. SECTION Section 6.02: Lessee agrees to pay as rent to Lessor in the manner hereinafter provided, but not more often than once monthlyeach month, Lessee's proportionate share of all costs and expenses of every kind and nature paid or incurred by Lessor in operating, equipping, policing and protecting, lighting, insuring insuring, repairing, replacing replacing, and maintaining the common areasareas of the Building. Such costs and expenses shall include, but not be limited to, illumination and maintenance of the premises, Building signs, cleaning, lighting, line painting, painting and landscaping, sewer and premiums for liability and property insurance; and an amount equal to Lessee's proportionate share of fifteen percent (15%) of the total of all of the foregoing costs and expenses to cover administrative cost. Any utilities furnished or supplied to any Lessee or common areas of the building Building which are not separately metered, metered shall be considered a cost to maintain the common areas and shall be included as part of such cost. For the purpose hereof, any charges for utilities contained in the foregoing costs and expenses shall be at the same rates as the rates for comparable service from the applicable utility company serving the area in which the premises Building is located. The proportionate share to be paid by Tenant Lessee shall be computed on the basis that the total number of square feet of floor area in the leased premises Leased Premises bears to the total number of square feet of constructed leasable floor area at the premisesBuilding. Lessee's proportionate share of such costs and expenses for each lease year and partial lease year shall be paid as rent in monthly installments on the 1st first day of each calendar month, in advance, in an amount estimated established by Lessor. Within ninety one hundred eighty (90180) days after the end of each lease year or partial lease year, Lessor shall furnish Lessee with a statement of the actual amount of Lessee's proportionate share of such costs and expenses for such period. If the total amount paid by Lessee under the this Section for any calendar year shall be less than the actual amount due from Lessee for such years year as shown on such statement, Lessee shall pay to Lessor the difference between the amount paid by Lessee and the actual amount due, such deficiency to be paid within ten thirty (1030) days after the furnishing of each such statement, and if the total amount paid by Lessee hereunder for any such calendar year shall exceed such actual amount due from Lessee for such calendar year, such excess shall be credited against the next installment due from Lessee to Lessor under this Section 6.02.

OPERATION AND MAINTENANCE OF COMMON AREAS. SECTION Section 6.01: Lessor agrees, at Lessor's sole cost and expense, to construct the building and hard surface, to properly drain, landscape, and light a parking area or parking areas, all substantially as shown on Exhibit "A". Lessor further agrees to cause to be operated, managed, and maintained during the term of this Lease, all parking areas, roads, sidewalks, landscaping, drainage, and common area lighting facilities in the Building. The manner in which the parking and adjacent common areas shall be maintained and operated and the expenditures therefore shall be at the sole discretion of the Lessor and the use of such areas and facilities shall be maintained and operated, shall be reasonably clean, safe, and professional, and the expenditures therefore, shall be at the discretion of the Lessor, but same shall be at competitive rates for comparable services provided by the Lessor, subject to such reasonable regulations as Lessor shall make from time to time. Lessor shall not impose such regulations that would have an adverse, negative effect on the operation of the Lessee's business. SECTION Section 6.02: Lessee agrees to pay as rent to Lessor in the manner hereinafter provided, but not more often than once monthlyeach month, Lessee's proportionate share of all costs and expenses of every kind and nature paid or incurred by Lessor in operating, equipping, policing and protecting, lighting, insuring insuring, repairing, replacing and maintaining the common areasareas of the Building. Such costs and expenses shall include, but not be limited to, illumination and maintenance of the premises, Building signs, cleaning, lighting, line painting, painting and landscaping, sewer and premiums for liability and property insurance; and an amount equal to Lessee's proportionate share of fifteen percent (15%) of the total of all of the foregoing costs and expenses to cover administrative cost. Any utilities furnished or supplied to any Lessee or common areas of the building Building which are not separately metered, metered shall be considered a cost to maintain the common areas and shall be included as part of such cost. For the purpose hereof, any charges for utilities contained in the foregoing costs and expenses shall be at the same rates as the rates for comparable service from the applicable utility company serving the area in which the premises building is located. The proportionate share to be paid by Tenant Lessee shall be computed on the basis that the total number of square feet of floor area in the leased premises Leased Premises bears to the total number of square feet of constructed leasable floor area at the premises. Lessee's proportionate share of such costs and expenses for each lease year and partial lease year shall be paid as rent in monthly installments on the 1st day of each calendar month, in advance, in an amount estimated by Lessor. Within ninety (90) days after the end of each lease year or partial lease year, Lessor shall furnish Lessee with a statement of the actual amount of Lessee's proportionate share of such costs and expenses for such period. If the total amount paid by Lessee under the Section for any calendar year shall be less than the actual amount due from Lessee for such years as shown on such statement, Lessee shall pay to Lessor the difference between the amount paid by Lessee and the actual amount due, such deficiency to be paid within ten (10) days after the furnishing of each such statement, and if the total amount paid by Lessee hereunder for any such calendar year shall exceed such actual amount due from Lessee for such calendar year, such excess shall be credited against the next installment due from Lessee to Lessor under this Section 6.02Building.

OPERATION AND MAINTENANCE OF COMMON AREAS. SECTION 6.01: The manner Without limiting the scope of such discretion, Landlord shall have the full right and authority to employ all personnel and to establish, modify and enforce reasonable rules and regulations necessary for the proper operation and maintenance of the Common Areas. Landlord shall have the right to close from time to time all or any portion of the Common Areas to such extent as, in the opinion of Landlord’s legal counsel, may be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person (other than Tenant) or the public therein; provided at all times Tenant shall be provided with reasonable access to the Premises, the Building and Tenant’s parking to be provided herein. So long as Landlord does not unreasonably impede access to and from the Premises for Tenant and Tenant Parties, Landlord shall also have the right at any time, to modify the Common Areas, to change the arrangement and/or location of entrances, lobbies, parking facilities, passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Project or Building and to change the name, number or designation by which the parking and adjacent common areas shall be maintained and operated and Building or Project is commonly known. If the expenditures therefore shall be at the sole discretion of the Lessor and the use amount of such areas and facilities Common Areas is diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of Rent, nor shall such diminution of such Common Areas be deemed constructive or actual eviction, Tenant shall have the right throughout the Lease Term to use non-reserved parking spaces, on a non-exclusive basis jointly with other tenants of the Building, and their employees, agents and invitees, subject to reasonable rules and regulations as Lessor shall make which may be changed from time to time. Lessor shall not impose such regulations that would have an adverse, negative effect on the operation which Landlord may from time to time designate for use by patrons of the Lessee's business. SECTION 6.02: Lessee agrees to pay as rent to Lessor in the manner hereinafter provided, but not more often than once monthly, Lessee's proportionate share of all costs and expenses of every kind and nature paid Project. If Tenant permits or incurred by Lessor in operating, equipping, policing and protecting, lighting, insuring repairing, replacing and maintaining the common areas. Such costs and expenses shall include, but not be limited to, illumination and maintenance allows any of the premisesprohibited activities described above, signsthen Landlord shall have the right, cleaningin addition to such other rights and remedies that Landlord may have, lightingto remove or tow away the vehicle involved and charge the cost to Tenant, line painting, landscaping, sewer and premiums for liability and property insurance; and an amount equal to Lessee's proportionate share of fifteen percent (15%) of the total of all of the foregoing costs and expenses to cover administrative cost. Any utilities furnished or supplied to any Lessee or the building which are not separately metered, cost shall be considered a cost to maintain the common areas and shall be included as part of such cost. For the purpose hereof, any charges for utilities contained in the foregoing costs and expenses shall be at the same rates as the rates for comparable service from applicable utility company serving the area in which the premises is located. The proportionate share to be paid immediately payable upon demand by Tenant shall be computed on the basis that the total number of square feet of floor area in the leased premises bears to the total number of square feet of constructed leasable floor area at the premises. Lessee's proportionate share of such costs and expenses for each lease year and partial lease year shall be paid as rent in monthly installments on the 1st day of each calendar month, in advance, in an amount estimated by Lessor. Within ninety (90) days after the end of each lease year or partial lease year, Lessor shall furnish Lessee with a statement of the actual amount of Lessee's proportionate share of such costs and expenses for such period. If the total amount paid by Lessee under the Section for any calendar year shall be less than the actual amount due from Lessee for such years as shown on such statement, Lessee shall pay to Lessor the difference between the amount paid by Lessee and the actual amount due, such deficiency to be paid within ten (10) days after the furnishing of each such statement, and if the total amount paid by Lessee hereunder for any such calendar year shall exceed such actual amount due from Lessee for such calendar year, such excess shall be credited against the next installment due from Lessee to Lessor under this Section 6.02Landlord.