Common use of OPERATION OF COMMON AREAS Clause in Contracts

OPERATION OF COMMON AREAS. (a) Landlord shall, throughout the term hereof, operate and maintain the common areas including the parking areas for the use and benefit of the tenants of the Shopping Center and their customers and invitees. Landlord shall at all times have exclusive control of the common areas and may at any time and from time to time: (i) promulgate, modify and amend reasonable rules and regulations for the use of the common areas, which rules and regulations shall be binding upon the Tenant upon delivery of a copy thereof to the Tenant; (ii) temporarily close any part of the common areas, including but not limited to closing the streets, sidewalks, road or other facilities to the extent necessary to prevent a dedication thereof or the accrual of rights of any person or of the public therein; (iii) exclude and restrain anyone from the use or occupancy of the common areas or any part thereof except bona fide customers and suppliers of the tenants of the Shopping Center who use said areas in accordance with the rules and regulations established by Landlord; (iv) engage others to operate and maintain all or any part of the common areas, on such terms and conditions as Landlord shall, in its sole judgment, deem reasonable and proper; and (v) make such changes in the common areas as in its opinion are in the best interest of the Shopping Center, including but not limited to changing the location of walkways, service areas, driveways, entrances, existing automobile parking spaces and other facilities, changing the direction and flow of traffic and establishing prohibited areas; provided, however, that no such change shall materially adversely effect access to, visibility of or parking for the demised premises. (b) Tenant shall keep all common areas free of obstructions created or permitted by Tenant. Tenant shall permit the use of the common areas only for normal parking and ingress and egress by its customers and suppliers to and from the demised premises. If in Landlord's opinion unauthorized persons are using any of the common areas by reason of Tenant's occupancy of the demised premises. Landlord shall have the right at any time to remove any such unauthorized persons from said areas or to restrain unauthorized persons from said areas. Landlord, Tenant, and others constructing improvements or making repairs or alterations in the Shopping Center shall have the right to make reasonable use of portions of the common areas.

OPERATION OF COMMON AREAS. (a) Landlord shallFrom and after the Commencement Date, throughout Landlord, at its cost and expense, shall operate the term hereof, operate Center and maintain the Common Areas and the Center in a clean and safe condition and repair so that Tenant and its customers, guests, invitees, licensees, officers and employees can use and enjoy the same. The obligations of Landlord pursuant hereto shall include, without limitation, the maintenance of the Center and any pylon structure(s) (excluding therefrom Tenant’s advertising panels), regular cleaning of the Common Areas, removal of trash and debris from the Common Areas, repairing the asphalt and concrete portions of the Common Areas (including potholes, curbs and sidewalks), repairing common areas utility lines and facilities, repairing storm drains, repairing parking lot lights, maintaining the landscaped portion of the Common Areas (including regular grass cutting), maintaining floodlights and other necessary means of illumination sufficient to illuminate the Common Areas during twilight and evening hours that Tenant’s store is open for business and in operation, prompt removal of snow and ice on every occasion where safety of the Common Areas or access to the Premises is impeded, and periodic restriping of the parking areas for area. Landlord covenants that such maintenance and repair shall be planned and preventative maintenance undertaken in order to maintain the use Common Areas in a good and benefit usable condition and so as to avoid any breakdown of the tenants of the Shopping Center maintenance and their customers and inviteesavoidable costly repairs. Landlord shall at all times have exclusive control of the common areas Common Areas and may at any time and from time to time: (i) promulgate, modify and amend reasonable rules and regulations for the use of the common areasCommon Areas, which rules and regulations shall be binding upon the Tenant upon delivery of a copy thereof to the Tenant; (ii) temporarily close any part of the common areasCommon Areas, including but not limited to closing the streets, sidewalks, road or other facilities to the extent necessary to prevent a dedication thereof or the accrual of rights of any person or of the public therein; (iii) exclude and restrain anyone from the use or occupancy of the common areas Common Areas or any part thereof except bona fide customers and suppliers of the tenants of the Shopping Center who use said areas in accordance with the rules and regulations established by Landlord; and (iv) engage others to operate and maintain all or any part of the common areasCommon Areas, on such terms and conditions as Landlord shall, in its sole judgment, deem reasonable and proper; and (v) make such changes in the common areas Common Areas as in its opinion are in the best interest of the Shopping Center, including but not limited to changing the location of walkways, service areas, driveways, entrances, existing automobile parking spaces and other facilities, changing the direction and flow of traffic and establishing prohibited areas; provided, however, that no any such change shall materially adversely effect access to, visibility be subject to the terms and conditions of or parking for the demised premisesSection 1(c) of this Lease. (b) Tenant shall keep all common areas Common Areas free of obstructions created or permitted by Tenant. Tenant shall permit the use of the common areas Common Areas only for normal parking and ingress and egress by its customers and suppliers to and from the demised premisesPremises. If in Landlord's ’s opinion unauthorized persons are using any of the common areas Common Areas by reason of Tenant's ’s occupancy of the demised premises. Premises, Landlord shall have the right at any time to remove any such unauthorized persons from said areas or to restrain unauthorized persons from said areas. Landlord, Tenant, and others constructing improvements or making repairs or alterations in the Shopping Center shall have the right to make reasonable use of portions of the common areasCommon Areas. (c) Throughout the term, Landlord shall keep the Common Areas fully lighted and open to the customers of the Center seven (7) days a week from dusk until 11:00 p.m. Monday through Saturday and until 7:00 p.m. on Sunday (“Normal Hours”). Upon request of Tenant, Landlord shall keep the Common Areas lighted for as long as after Normal Hours as Tenant shall request, provided Tenant shall pay for a share of the reasonable cost of said requested lighting, which share shall be equal to the product of (i) such costs, and (ii) a fraction, the numerator of which shall be the number of square feet of leasable space within the Premises and the denominator of which shall be the aggregate number of square feet of leasable space of all premises within the Center (including the Premises) open later than Normal Hours (excluding, however, those tenants and occupants who separately control and pay for their own Common Area lighting). In addition to the foregoing, Landlord shall provide for low level security lighting from one (1) hour after the close of business in the Premises until dxxx.

OPERATION OF COMMON AREAS. (a) Landlord shall, throughout the term hereof, operate and maintain the common areas including the parking areas for the use and benefit of the tenants of the Shopping Center and their customers and invitees. Landlord shall at all times have exclusive control of the common areas and may at any time and from time to time: (i) promulgate, modify and amend reasonable rules and regulations for the use of the common areas, which rules and regulations shall be binding upon the Tenant upon delivery of a copy thereof to the Tenant; (ii) temporarily close any part of the common areas, including but not limited to closing the streets, sidewalks, road or other facilities to the extent necessary to prevent a dedication thereof or the accrual of rights of any person or of the public therein; (iii) exclude and restrain anyone from the use or occupancy of the common areas or any part thereof except bona fide customers and suppliers of the tenants of the Shopping Center who use said areas in accordance with the rules and regulations established by Landlord; (iv) engage others to operate and maintain all or any part of the common areas, on such terms and conditions as Landlord shall, in its sole judgment, deem reasonable and proper; and (v) make such changes in the common areas as in its opinion are in the best interest of the Shopping Center, including but not limited to changing the location of walkways, service areas, driveways, entrances, existing automobile parking spaces and other facilities, changing the direction and flow of traffic and establishing prohibited areas; provided, however, that no such change shall materially adversely effect access to, visibility of or parking for the demised premises. (b) Tenant shall keep all common areas free of obstructions created or permitted by Tenant. Tenant shall permit the use of the common areas only for normal parking and ingress and egress by its customers and suppliers to and from the demised premises. If in Landlord's opinion unauthorized persons are using any of the common areas by reason of Tenant's occupancy of the demised premises. Landlord shall have the right at any time to remove any such unauthorized persons from said areas or to restrain unauthorized persons from said areas. Landlord, Tenant, and others constructing improvements or making repairs or alterations in the Shopping Center shall have the right to make reasonable use of portions of the common areas.

OPERATION OF COMMON AREAS. (a) Landlord shall, throughout the term hereof, operate and maintain the common areas including the parking areas for the use and benefit of the tenants of the Shopping Center and their customers and invitees. Landlord shall at all times have exclusive control of the common areas and may at any time and from time to time: (i) promulgate, modify and amend reasonable rules and regulations for the use of the common areas, which rules and regulations shall be binding upon the Tenant upon delivery of a copy thereof to the Tenant; (ii) temporarily close any part of the common areas, including but not limited to closing the streets, sidewalks, road or other facilities to the extent necessary to prevent a dedication thereof or the accrual of rights of any person or of the public therein; (iii) exclude and restrain anyone from the use or occupancy of the common areas or any part thereof except bona fide customers and suppliers of the tenants of the Shopping Center who use said areas in accordance with the rules and regulations established by Landlord; and (iv) engage others to operate and maintain all or any part of the common areas, on such terms and conditions as Landlord shall, in its sole judgment, deem reasonable and proper; and (v) make such changes in the common areas as in its opinion are in the best interest of the Shopping Center, including but not limited to changing the location of walkways, service areas, driveways, entrances, existing automobile parking spaces and other facilities, changing the direction and flow of traffic and establishing prohibited areas; provided, however, that no such Landlord shall not (i) change shall the configuration of the Shopping Center behind the demised premises (east side of the Shopping Center) so as to materially adversely effect affect access to, visibility to the “No Build Area” from the east side of the Shopping Center; or (ii) make any changes or modifications to the parking on the east side of the Shopping Center that result in a parking ratio of less than 3.5 spaces per 1,000 square feet of leasable space for the demised premisesShopping Center. Notwithstanding the foregoing, the moving and replacement of the access points to the Shopping Center from the public rights of way on the east side of the Shopping Center shall not be deemed material and adverse provided that comparable access points are provided. In addition to the foregoing, Landlord shall be permitted to make changes to the Shopping Center to the extent necessary during the Renovation Period as set forth in Section 15(b) hereof. (b) Tenant acknowledges that Landlord will be renovating the Shopping Center, including the Common Areas, which renovation shall commence during the first five (5) years of the term hereof and once commenced, shall not exceed a period of three and one half (3.5) years (“Renovation Period”). Tenant acknowledges that during the Renovation Period the parking field and accessways to the demised premises will be renovated and therefore there will be temporary interferences with same. Notwithstanding the foregoing, during the Renovation Period, the parking for, access to or visibility or use of the demised premises shall not be interfered with by Landlord for a period of more than two hundred seventy (270) consecutive days (the “Tenant Obstruction Period”) and Landlord shall renovate the Common Areas adjacent to and in front of the demised premises in three phases during such Tenant Obstruction Period so that parking for and access to the demised premises will always be available per at least one of the three phases illustrated on the site plan attached hereto as Exhibit "A-1" and so that any renovation to any one of the three phases shall not last for more than ninety (90) consecutive days. In the event during the Tenant Obstruction Period, Tenant’s gross sales from the demised premises are less than the comparative monthly sales from the prior year, Tenant shall be entitled to pay Landlord, in lieu of minimum rent otherwise payable hereunder, eight percent (8%) of Tenant’s gross sales from the demised premises, as calculated by Tenant using generally accepted accounting principles consistently applied. Within thirty (30) days after the end of each month during the Tenant Obstruction Period in which Tenant exercises the foregoing right to xxxxx minimum rent, Tenant shall deliver to Landlord a statement signed by an authorized representative of the Tenant setting forth the gross sales of Tenant during such month compared to the gross sales from the same month from the prior year and Tenant shall pay the foregoing abatement rent in lieu of the next immediately monthly payment of minimum rent due hereunder. (c) As part of its renovation of the Shopping Center during the Renovation Period, and subject to all governmental approvals, Landlord shall construct a means of access from Factoria Blvd to the west side of the demised premises which may or may not be as depicted on the site plan. Upon the expiration of the Renovation Period, Landlord agrees that no modification to the Shopping Center shall (i) alter or make any changes, including any reduction or rearrangement of parking spaces, to that portion of the Shopping Center indicated on the site plan as the "Protected Area", (ii) materially or adversely interfere with truck access to the loading doors of the demised premises, (iii) materially or adversely interfere with customer access to the demised premises, or (iv) result in the construction of any buildings to that portion of the Shopping Center indicated on the site plan as "No Build Area". (d) Tenant shall keep all common areas free of obstructions created or permitted by Tenant. Tenant shall permit the use of the common areas only for normal parking and ingress and egress by its customers and suppliers to and from the demised premises. If in Landlord's opinion unauthorized persons are using any of the common areas by reason of Tenant's occupancy of the demised premises. , Landlord shall have the right at any time to remove any such unauthorized persons from said areas or to restrain unauthorized persons from said areas. Landlord, Tenant, and others constructing improvements or making repairs or alterations in the Shopping Center shall have the right to make reasonable use of portions of the common areas.

OPERATION OF COMMON AREAS. (a) Landlord shall, throughout the term hereof, operate and maintain the common areas including the parking areas for the use and benefit of the tenants of the Shopping Center and their customers and invitees. Landlord shall at all times have exclusive control of the common areas and may at any time and from time to time: (i) promulgate, modify and amend reasonable rules and regulations for the use of the common areas, which rules and regulations shall be binding upon the Tenant upon delivery of a copy thereof to the Tenant; (ii) temporarily close any part of the common areas, including but not limited to closing the streets, sidewalks, road or other facilities to the extent necessary to prevent a dedication thereof or the accrual of rights of any person or of the public therein; (iii) exclude and restrain anyone from the use or occupancy of the common areas or any part thereof except bona fide customers and suppliers of the tenants of the Shopping Center who use said areas in accordance with the rules and regulations established by Landlord; and (iv) engage others to operate and maintain all or any part of the common areas, on such terms and conditions as Landlord shall, in its sole judgment, deem reasonable and proper; and (v) make such changes in the common areas as in its opinion are in the best interest of the Shopping Center, including but not limited to changing the location of walkways, service areas, driveways, entrances, existing automobile parking spaces and other facilities, changing the direction and flow of traffic and establishing prohibited areas; provided, however, that no such Landlord shall not (i) change shall the configuration of the Shopping Center behind the demised premises (east side of the Shopping Center) so as to materially adversely effect affect access to, visibility to the “No Build Area” from the east side of the Shopping Center; or (ii) make any changes or modifications to the parking on the east side of the Shopping Center that result in a parking ratio of less than 3.5 spaces per 1,000 square feet of leasable space for the demised premisesShopping Center. Notwithstanding the foregoing, the moving and replacement of the access points to the Shopping Center from the public rights of way on the east side of the Shopping Center shall not be deemed material and adverse provided that comparable access points are provided. In addition to the foregoing, Landlord shall be permitted to make changes to the Shopping Center to the extent necessary during the Renovation Period as set forth in Section 15(b) hereof. (b) Tenant acknowledges that Landlord will be renovating the Shopping Center, including the Common Areas, which renovation shall commence during the first five (5) years of the term hereof and once commenced, shall not exceed a period of three and one half (3.5) years (“Renovation Period”). Tenant acknowledges that during the Renovation Period the parking field and accessways to the demised premises will be renovated and therefore there will be temporary interferences with same. Notwithstanding the foregoing, during the Renovation Period, the parking for, access to or visibility or use of the demised premises shall not be interfered with by Landlord for a period of more than two hundred seventy (270) consecutive days (the “Tenant Obstruction Period”) and Landlord shall renovate the Common Areas adjacent to and in front of the demised premises in three phases during such Tenant Obstruction Period so that parking for and access to the demised premises will always be available per at least one of the three phases illustrated on the site plan attached hereto as Exhibit “A-1” and so that any renovation to any one of the three phases shall not last for more than ninety (90) consecutive days. In the event during the Tenant Obstruction Period, Tenant’s gross sales from the demised premises are less than the comparative monthly sales from the prior year, Tenant shall be entitled to pay Landlord, in lieu of minimum rent otherwise payable hereunder, eight percent (8%) of Tenant’s gross sales from the demised premises, as calculated by Tenant using generally accepted accounting principles consistently applied. Within thirty (30) days after the end of each month during the Tenant Obstruction Period in which Tenant exercises the foregoing right to xxxxx minimum rent, Tenant shall deliver to Landlord a statement signed by an authorized representative of the Tenant setting forth the gross sales of Tenant during such month compared to the gross sales from the same month from the prior year and Tenant shall pay the foregoing abatement rent in lieu of the next immediately monthly payment of minimum rent due hereunder. (c) As part of its renovation of the Shopping Center during the Renovation Period, and subject to all governmental approvals, Landlord shall construct a means of access from Factoria Blvd to the west side of the demised premises which may or may not be as depicted on the site plan. Upon the expiration of the Renovation Period, Landlord agrees that no modification to the Shopping Center shall (i) alter or make any changes, including any reduction or rearrangement of parking spaces, to that portion of the Shopping Center indicated on the site plan as the “Protected Area”, (ii) materially or adversely interfere with truck access to the loading doors of the demised premises, (iii) materially or adversely interfere with customer access to the demised premises, or (iv) result in the construction of any buildings to that portion of the Shopping Center indicated on the site plan as “No Build Area”. (d) Tenant shall keep all common areas free of obstructions created or permitted by Tenant. Tenant shall permit the use of the common areas only for normal parking and ingress and egress by its customers and suppliers to and from the demised premises. If in Landlord's ’s opinion unauthorized persons are using any of the common areas by reason of Tenant's ’s occupancy of the demised premises. , Landlord shall have the right at any time to remove any such unauthorized persons from said areas or to restrain unauthorized persons from said areas. Landlord, Tenant, and others constructing improvements or making repairs or alterations in the Shopping Center shall have the right to make reasonable use of portions of the common areas.

OPERATION OF COMMON AREAS. (a) Landlord shall, throughout the term hereof, operate and maintain the common areas including the parking areas for the use and benefit of the tenants of the Shopping Center and their customers and invitees. Landlord shall at all times have exclusive control of the common areas and may at any time and from time to time: (i) promulgate, modify and amend reasonable rules and regulations for the use of the common areas, which rules and regulations shall be binding upon the Tenant upon delivery of a copy thereof to the Tenant; (ii) temporarily close any part of the common areas, including but not limited to closing the streets, sidewalks, road or other facilities to the extent necessary to prevent a dedication thereof or the accrual of rights of any person or of the public therein; (iii) exclude and restrain anyone from the use or occupancy of the common areas or any part thereof except bona fide customers and suppliers of the tenants of the Shopping Center who use said areas in accordance with the rules and regulations established by Landlord; (iv) engage others to operate and maintain all or any part of the common areas, on such terms and conditions as Landlord shall, in its sole judgment, deem reasonable and proper; and (v) make such changes in the common areas as in its opinion are in the best interest of the Shopping Center, including but not limited to changing the location of walkways, service areas, driveways, entrances, existing automobile parking spaces and other facilities, changing the direction and flow of traffic and establishing prohibited areas; provided, however, that no such change shall materially adversely effect access to, visibility of or parking for the demised premises. (b) Tenant shall keep all common areas free of obstructions created or permitted by Tenant. Tenant shall permit the use of the common areas only for normal parking and ingress and egress by its customers and suppliers to and from the demised premises. If in Landlord's opinion unauthorized persons are using any of the common areas by reason of Tenant's occupancy of the demised premises. , Landlord shall have the right at any time to remove any such unauthorized persons from said areas or to restrain unauthorized persons from said areas. Landlord, Tenant, and others constructing improvements or making repairs or alterations in the Shopping Center shall have the right to make reasonable use of portions of the common areas.

OPERATION OF COMMON AREAS. (a) Landlord shall, throughout Subject to the term hereof, operate and maintain the common areas including the parking areas for the use and benefit provisions of the tenants of the Shopping Center and their customers and invitees. Master Lease, Landlord shall at all times have exclusive control of the common areas and may at any time and from time to time: (i) promulgate, modify and amend reasonable rules and regulations for the use of the common areas, which rules and regulations shall be binding upon the Tenant upon delivery of a copy thereof to the Tenant; (ii) temporarily close any part of the common areas, including but not limited to closing the streets, sidewalks, road or other facilities to the extent necessary to prevent a dedication thereof or the accrual of rights of any person or of the public therein; (iii) exclude and restrain anyone from the use or occupancy of the common areas or any part thereof except bona fide customers and suppliers of the tenants of the Shopping Center who use said areas in accordance with the rules and regulations established by Landlord; and (iv) engage others to operate and maintain all or any part of the common areas, on such terms and conditions as Landlord shall, in its sole judgment, deem reasonable and proper; and (v) make such changes in the common areas as in its opinion are in the best interest of the Shopping Center, including but not limited to changing the location of walkways, service areas, driveways, entrances, existing automobile parking spaces and other facilities, changing the direction and flow of traffic and establishing prohibited areas; provided, however, that no such change shall materially adversely effect access to, visibility of or parking for the demised premises. (b) Subject to the rights granted in the Master Lease to conduct sidewalk sales and otherwise use the common areas for sales purposes, Tenant shall keep all common areas free of obstructions created or permitted by Tenant. Except as aforesaid, Tenant shall permit the use of the common areas only for normal parking and ingress and egress by its customers and suppliers to and from the demised premises. If in Landlord's ’s opinion unauthorized persons are using any of the common areas by reason of Tenant's ’s occupancy of the demised premises. , Landlord shall have the right at any time to remove any such unauthorized persons from said areas or to restrain unauthorized persons from said areas. Landlord, Tenant, and others constructing improvements or making repairs or alterations in the Shopping Center shall have the right to make reasonable use of portions of the common areas.

OPERATION OF COMMON AREAS. (a) Landlord shall, throughout the term hereof, operate and maintain the common areas including the parking areas for the use and benefit of the tenants and their respective sublessees of the Shopping Center and their customers and invitees. Landlord shall at all times have exclusive control of the common areas and may at any time and from time to time: (i) promulgate, modify and amend reasonable rules and regulations for the use of the common areas, which rules and regulations shall be binding upon the Tenant Sublessee upon delivery of a copy thereof to the TenantSublessee; (ii) temporarily close any part of the common areas, including but not limited to closing the streets, sidewalks, road or other facilities to the extent necessary to prevent a dedication thereof or the accrual of rights of any person or of the public therein; (iii) exclude and restrain anyone from the use or occupancy of the common areas or any part thereof except bona fide customers and suppliers of the tenants and their respective sublessees of the Shopping Center who use said areas in accordance with the rules and regulations established by Landlord; (iv) engage others to operate and maintain all or any part of the common areas, on such terms and conditions as Landlord shall, in its sole judgment, deem reasonable and proper; and (v) make such changes in the common areas as in its opinion are in the best interest of the Shopping Center, including but not limited to changing the location of walkways, service areas, driveways, entrances, existing automobile parking spaces and other facilities, changing the direction and flow of traffic and establishing prohibited areas; provided, however, that no such change shall materially adversely effect access to, visibility of or parking for the demised premises. (b) Tenant Sublessee shall keep all common areas free of obstructions created or permitted by TenantSublessee. Tenant Sublessee shall permit the use of the common areas only for normal parking and ingress and egress by its customers and suppliers to and from the demised premises. If in Landlord's ’s or Sublessor’s opinion unauthorized persons are using any of the common areas by reason of Tenant's Sublessee’s occupancy of the demised premises. , Landlord and/or Sublessor shall have the right at any time to remove any such unauthorized persons from said areas or to restrain unauthorized persons from said areas. Landlord, TenantSublessor, Sublessee, and others constructing improvements or making repairs or alterations in the Shopping Center shall have the right to make reasonable use of portions of the common areas.

OPERATION OF COMMON AREAS. (a) Landlord shall, throughout the term hereof, operate and maintain the common areas including the parking areas areas, substantially as shown on Exhibit "A," for the use and benefit of the tenants of the Shopping Center and their customers and invitees. Landlord shall at all times have exclusive control of the common areas and may at any time and from time to time: (i) promulgate, modify and amend reasonable rules and regulations for the use of the common areas, which rules and regulations shall be binding upon the Tenant upon a delivery of a copy thereof to the Tenant; (ii) temporarily close any part of the common areas, including but not limited to closing the streets, sidewalks, road or other facilities to the extent necessary to prevent a dedication thereof or the accrual of rights of any person or of the public therein; (iii) exclude and restrain anyone from the use or occupancy of the common areas or any part thereof except bona fide customers and suppliers of the tenants of the Shopping Center who use said areas in accordance with the rules and regulations established by Landlord; (iv) engage others to operate and maintain all or any part of the common areas, on such terms and conditions as Landlord shall, in its sole judgment, deem reasonable and proper; and (v) make such changes in the common areas as in its opinion are in the best interest of the Shopping Center, including but not limited to changing the location of walkways, service areas, driveways, entrances, existing automobile parking spaces and other facilities, changing the direction and flow of traffic and establishing prohibited areas; provided, however, that no such change shall materially adversely effect access to, visibility of or parking for the demised premises. (b) Tenant shall keep all common areas free of obstructions created or permitted by Tenant. Tenant shall permit the use of the common areas only for normal parking and ingress and egress by its customers and suppliers to and from the demised premises. If in Landlord's opinion unauthorized persons are using any of the common areas by reason of Tenant's occupancy of the demised premises, Tenant shall, upon Landlord's demand, enforce Landlord's rights against all such unauthorized persons. Landlord shall nonetheless have the right at any time to remove any such unauthorized persons from said areas or to restrain unauthorized persons from said areas. Landlord, Tenant, and others constructing improvements or making repairs or alterations in the Shopping Center shall have the right to make reasonable use of portions of the common areas.

OPERATION OF COMMON AREAS. (a) Landlord Tenant shall, throughout the term hereof, operate and maintain the common areas area, including the parking areas area for the use Premises at Tenant's sole cost and benefit of the tenants of the Shopping Center and their customers and inviteesexpense. Landlord shall at all times have exclusive control of the common areas area, and may at any time and from time to time: (i) promulgate, modify and amend reasonable rules and regulations for the use of the common areasarea, which rules and regulations shall be binding upon the Tenant upon delivery of a copy thereof to the Tenant; (ii) temporarily close any part of the common areas, including but not limited to closing the streets, sidewalks, road or other facilities to the extent necessary to prevent a dedication thereof or the accrual of rights of any person or of the public therein; (iii) exclude and restrain anyone from the use or occupancy of the common areas or any part thereof except bona fide customers and suppliers of the tenants Tenant of the Shopping Center Premises who use said areas in accordance with the rules and regulations established by Landlord; (iv) engage others to operate and maintain all or any part of the common areas, on such terms and conditions as Landlord shall, in its sole judgment, deem reasonable and proper; and (v) make such changes in the common areas as in its opinion are in the best interest of the Shopping CenterPremises, including but not limited to changing the location of walkways, service areas, driveways, entrances, existing automobile parking spaces and other facilities, changing the direction and flow of traffic and establishing prohibited areas; provided, however, that no such change shall materially adversely effect access to, visibility of or parking for the demised premisesarea. (b) Tenant shall keep all common areas free of obstructions created or permitted by Tenant. Tenant shall permit the use of the common areas only for normal parking and ingress and egress by its customers and suppliers to and from the demised premises. If in Landlord's opinion unauthorized persons are using any of the common areas by reason of Tenant's occupancy of the demised premises. Landlord shall have the right at any time to remove any such unauthorized persons from said areas or to restrain unauthorized persons from said areas. Landlord, Tenant, and others constructing improvements or making repairs or alterations in the Shopping Center Premises shall have the right to make reasonable use of portions of the common areas.

OPERATION OF COMMON AREAS. (a) Landlord shall, throughout the term hereof, operate and maintain the common areas including the parking areas areas, substantially as shown on Exhibit "A," for the use and benefit of the tenants of the Shopping Center shopping center and their customers and invitees. Landlord shall at all times have exclusive control of the common areas and may at any time and from time to time: (i) promulgate, modify and amend reasonable rules and regulations for the use of the common areas, which rules and regulations shall be binding upon the Tenant upon a delivery of a copy thereof to the Tenant; (ii) temporarily close any part of the common areas, including but not limited to closing the streets, sidewalks, road or other facilities to the extent necessary to prevent a dedication thereof or the accrual of rights of any person or of the public therein; (iii) exclude and restrain anyone from the use or occupancy of the common areas or any part thereof except bona fide customers and suppliers of the tenants of the Shopping Center who use said areas in accordance with the rules and regulations established by by, Landlord; (iv) engage others to operate and maintain all or any part of the common areas, on such terms and conditions as Landlord shall, in its sole judgment, deem reasonable and proper; and (v) make such changes in the common areas as in its opinion are in the best interest of the Shopping Center, including but not limited to changing the location of walkways, service areas, driveways, entrances, existing automobile parking spaces and other facilities, changing the direction and flow of traffic and establishing prohibited areas; provided, however, that no such change shall materially adversely effect access to, visibility of or parking for the demised premises. (b) Tenant shall keep all common areas free of obstructions created or permitted by Tenant. Tenant shall permit the use of the common areas only for normal parking and ingress and egress by its customers and suppliers to and from the demised premises. If in Landlord's opinion unauthorized persons are using any of the common areas by reason of Tenant's occupancy of the demised premises, Tenant shall, upon Landlord's demand, enforce Landlord's rights against all such unauthorized persons. Landlord shall nonetheless have the right at any time to remove any such unauthorized persons from said areas or to restrain unauthorized persons from said areas. Landlord, Tenant, and others constructing improvements or making repairs or alterations in the Shopping Center shall have the right to make reasonable use of portions of the common areas.