Common use of PARKING AND COMMON AREAS Clause in Contracts

PARKING AND COMMON AREAS. The TENANT, its employees and invitees shall have the non-exclusive right to use the common areas, driveways and parking lots along with the other tenants of the Building and their employees and invitees. The use of common areas, and the portion of the land set aside by LANDLORD for non-exclusive use of tenants, is subject to such reasonable rules and regulations as the LANDLORD may impose from time to time. No more than 3.3 parking spaces per 1 ,000 square feet are to be occupied at any one time by the TENANT, its employees and invitees. Overnight parking of vehicles is prohibited; except private vehicles on a non-recurring basis, not longer than seven continuous days. LANDLORD reserves the right to move or remove any vehicle remaining after seven days during the snow removal season. The storage, at any time, of any property in the common areas is prohibited. TENANT will have no right to use the upper level parking area. TENANT has the right, (at any time, by giving LANDLORD written notice specifying the number of additional parking stalls desired) to require LANDLORD to Create up to forty (40) parking stalls on the property in addition to those existing as of the date of the Lease. Upon receiving the notice, LANDLORD will diIigently undertake reasonable efforts to do all things necessary to Create the stalls, including applying for all necessary City approvals. If LANDLORD Cannot, despite reasonable efforts, obtain all such approvals, LANDLORD will have no obligation to Create the stalls, notwithstanding anything herein to the Contrary. LANDLORD will have no obligation to bring suit against the City to obtain any such approval, and "reasonable efforts" shall not be Construed to require any such suit. If LANDLORD can obtain approval for some but not all of the desired stalls, LANDLORD will so notify TENANT, who will have the right, by notice given within the following five (5) days, to Cancel its notice calling for additional stalls, or accept the number of new stalls available, or appeal to the City of Minnetonka. The location of the stalls will be decided by mutual agreement among LANDLORD, TENANT, and to the extent the law allows. LANDLORD will fund all expenses (including, without limitation, city applications fees) incurred in creating the stalls, but will be entitled to invoice TENANT for such expenses, starting on completion of the stalls, amortized over the number of months remaining in the current lease term, at the rate of 10% per annum, simple interest. This invoice amortized amount will be treated as base rent, and TENANT will, on request, execute a lease amendment reflecting the increase in monthly base rent to include the amortized monthly installment. LANDLORD shall have the right to construct additional parking at any time Upon completion of the stalls, TENANT will have the right to occupy, at any one time, stalls on the property (except the upper parking lot) equal in number to 80 plus the number of new stalls created pursuant to this provision. TENANT will have no right, however, to require LANDLORD to designate any stalls, except all stalls created in the area marked on Exhibit A & B as Parking Area for the exclusive use of the TENANT. Any default, while uncured, will suspend TENANT'S rights under this provision. TENANT may exercise its right under this provision only once.

PARKING AND COMMON AREAS. The TENANT(a) Tenant covenants and agrees to pay to Landlord, its employees and invitees shall have the non-exclusive right to use the common areasas Additional Rent, driveways and parking lots along with the other tenants Tenant’s proportionate share of the Building Common Area Costs (as defined in paragraph (b) hereinbelow) for each calendar year during the Term. As used herein, “Tenant’s proportionate share” of the Common Area Costs shall mean the amount obtained by multiplying said Costs by the Tenant’s Fraction. Payment on account of Tenant’s proportionate share of the Common Area Costs shall be made monthly, as part of Tenant’s total Rent, at the times and their employees in the manner provided in Section 5 of this Lease. Landlord shall keep good and inviteesaccurate records of the Common Area Costs in accordance with sound accounting practices arid shall allow Tenant (after reasonable notice to Landlord) to inspect said records at the principal business office of Landlord in order to verify. The use Landlord’s, annual statements of common areassaid costs. Landlord shall keep said records for a period of at least two (2) years after the end of the year to which they relate. (b) For the purposes hereof, the term “Common Area Costs” with respect to any year shall mean the total costs and expenses incurred by Landlord or its agents during such year for operating, maintaining, repairing and/or replacing all or any part of the Parking Areas and other Common Areas (and any installations thereon, thereunder or thereover), and the portion of the land set aside by LANDLORD for non-exclusive use of tenants, is subject to such reasonable rules and regulations any Common Facilities (as the LANDLORD may impose from time to time. No more than 3.3 parking spaces per 1 ,000 square feet are to be occupied at any one time by the TENANT, its employees and invitees. Overnight parking of vehicles is prohibited; except private vehicles on a non-recurring basis, not longer than seven continuous days. LANDLORD reserves the right to move or remove any vehicle remaining after seven days during the snow removal season. The storage, at any time, of any property in the common areas is prohibited. TENANT will have no right to use the upper level parking area. TENANT has the right, (at any time, by giving LANDLORD written notice specifying the number of additional parking stalls desired) to require LANDLORD to Create up to forty (40) parking stalls on the property in addition to those existing as of the date of the Lease. Upon receiving the notice, LANDLORD will diIigently undertake reasonable efforts to do all things necessary to Create the stallshereinafter defined, including applying for all necessary City approvals. If LANDLORD Cannotany Common Facilities located upon or under the Premises), despite reasonable effortswhich costs and expenses shall include, obtain all such approvals, LANDLORD will have no obligation to Create the stalls, notwithstanding anything herein to the Contrary. LANDLORD will have no obligation to bring suit against the City to obtain any such approval, and "reasonable efforts" but shall not be Construed to require any such suit. If LANDLORD can obtain approval for some limited to, the following: the total costs and expenses incurred in cleaning, mowing, trimming, replanting and maintaining the lawns and landscaping within the Shopping Center; the costs of all Landlord’s insurance (other than Landlord’s fire and casualty insurance), including, but not all of the desired stallslimited to, LANDLORD will so notify TENANTbodily injury, who will have the rightpublic liability, property damage liability, automobile parking lot liability, workmen’s compensation, and any other insurance carried by notice given within the following five (5) days, to Cancel its notice calling for additional stalls, or accept the number of new stalls available, or appeal Landlord with respect to the City Common Areas or any part thereof; all costs for repairs, repaving, line repainting, exterior repainting, rental and maintenance of Minnetonka. The location signs’ and equipment, lighting, sanitary control, removal of the stalls will be decided by mutual agreement among LANDLORDsnow and ice, TENANTtrash, rubbish, garbage and other refuse, repair and/or replacement of water lines, electrical lines, gas lines, sanitary sewer lines and storm water lines; all costs for repairs, replacements, alterations or improvements to the extent Parking Areas and other Common Areas and Common Facilities required by governmental statutes, ordinances, regulations or other requirements, including without limitation those relating to accessibility and usability; all electrical, water, sewer or other utility charges for serving the law allowsCommon Areas (including any off-site sanitary treatment plants serving the Shopping Center and all pipes leading to and from the same); the cost of personnel to implement such services; wages and salaries (including employee benefits) of any personnel; personal property taxes, sales and use taxes on material, equipment, supplies and services; fees for required licenses and permits; fire, security and police protection; supplies, materials and labor. LANDLORD will fund In addition there shall be include a charge equal to fifteen percent (15%) of all such costs and expenses (including, without limitation, city applications fees) incurred in creating the stalls, but will be entitled by Landlord to invoice TENANT for such expenses, starting on completion of the stalls, amortized over the number of months remaining in the current lease term, at the rate of 10% per annum, simple interest. This invoice amortized amount will be treated as base rent, and TENANT will, on request, execute a lease amendment reflecting the increase in monthly base rent to include the amortized monthly installment. LANDLORD shall have the right to construct additional parking at any time Upon completion of the stalls, TENANT will have the right to occupy, at any one time, stalls on the property (except the upper parking lot) equal in number to 80 plus the number of new stalls created pursuant to this provision. TENANT will have no right, however, to require LANDLORD to designate any stalls, except all stalls created in the area marked on Exhibit A & B as Parking Area for the exclusive use of the TENANT. Any default, while uncured, will suspend TENANT'S rights under this provision. TENANT may exercise its right under this provision only oncecover Landlord’s administrative overhead.

PARKING AND COMMON AREAS. The TENANT, its employees and invitees shall have the non-exclusive right to use the common areas, driveways and parking lots along with the other tenants of the Building and their employees and invitees. The use of common areas, and the portion of the land set aside by LANDLORD for non-exclusive use of tenants, is subject to such reasonable rules and regulations as the LANDLORD may impose from time to time. No more than 3.3 parking spaces per 1 ,000 square feet are to be occupied at any one time by the TENANT, its employees and invitees. Overnight parking of vehicles is prohibited; except private vehicles on a non-recurring basis, not longer than seven continuous days. LANDLORD reserves the right to move or remove any vehicle remaining after seven days during the snow removal season. The storage, at any time, of any property in the common areas is prohibited. TENANT will have no right to use the upper level parking area. TENANT has the right, (at any time, by giving LANDLORD written notice specifying the number of additional parking stalls desired) to require LANDLORD to Create up to forty (40) parking stalls on the property in addition to those existing as of the date of the Lease. Upon receiving the notice, LANDLORD will diIigently undertake reasonable efforts to do all things necessary to Create the stalls, including applying for all necessary City approvals. If LANDLORD Cannot, despite reasonable efforts, obtain all such approvals, LANDLORD will have no obligation to Create the stalls, notwithstanding anything herein Subject to the Contrary. LANDLORD will have no obligation to bring suit against the City to obtain any such approvalprovisions herein, and "reasonable efforts" Lessee ------------------------ shall not be Construed to require any such suit. If LANDLORD can obtain approval for some but not all of the desired stalls, LANDLORD will so notify TENANT, who will have the right, by notice given within the following assigned five (5) daysparking spots in front, two (2) visitor parking spots and three (3) parking spots on the east side, and approximately three (3) to Cancel its notice calling for additional stalls, or accept the number of new stalls available, or appeal four (4) parking spots adjacent to the City rear wall of Minnetonkaunit (west side) for the exclusive use of Lessee. The location of Additional parking spots are available along west fence and retention pond by rear building but this is open parking and available to all BREL Park occupants. Lessee will notify the stalls Lessor if it needs additional spaces and at that time it will be decided by mutual agreement among LANDLORDprovide up to four (4) additional assigned spaces, TENANTif available. Except as provided in preceding paragraph, and to the extent the law allows. LANDLORD will fund all expenses (including, without limitation, city applications fees) incurred in creating the stalls, but will be entitled to invoice TENANT for such expenses, starting on completion of the stalls, amortized over the number of months remaining in the current lease term, at the rate of 10% per annum, simple interest. This invoice amortized amount will be treated as base rent, and TENANT will, on request, execute a lease amendment reflecting the increase in monthly base rent to include the amortized monthly installment. LANDLORD Lessee shall have the right to construct additional nonexclusive use, in common with Lessor, other Lessees, and the guests, employees, and invitees of same, of the following areas: (a) automobile parking areas and driveways, and (b) other facilities as may be designated from time to time by Lessor, subject to the terms and conditions of this Lease Agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by Lessor. The parking area shall be maintained in good condition by Lessor; provided that, Lessor shall have the right at any time Upon completion and from time to time to change or modify the design and layout of the stallsparking area(s)., TENANT will The common areas shall be subject to the exclusive control and management of Lessor and Lessor shall have the right to occupyestablish, modify, change and enforce from time to time rules and regulations with respect to the common areas; and Lessee agrees to abide by and conform to such rules and regulations. Lessee further agrees that it and its representatives and employees will park their automobiles only in such areas as Lessor may from time to time designate for such parking. Lessor has the absolute right to designate, reserve, or assign parking spaces. Lessee agrees that it will, within five (5) days after written request therefor by Lessor, furnish to Lessor the State automobile license numbers assigned to its cars and cars of all of its employees. Lessee shall not permit delivery of merchandise at any one timeplace other than as designated by Lessor. Neither the parking area nor any other common area shall be used by Lessee, stalls on or any agent or employee of Lessee, for any advertising, political campaigning or other similar use, including without limitation, the property (except the upper parking lot) equal in number to 80 plus the number dissemination of new stalls created pursuant to this provision. TENANT will have no right, however, to require LANDLORD to designate any stalls, except all stalls created in the area marked on Exhibit A & B as Parking Area for the exclusive use of the TENANT. Any default, while uncured, will suspend TENANT'S rights under this provision. TENANT may exercise its right under this provision only onceadvertising or campaign leaflets or flyers.

PARKING AND COMMON AREAS. The TENANT, its employees and invitees shall have the non-exclusive right to use the common areas, driveways and parking lots along with the other tenants of the Building and their employees and invitees. The use of common areas, and the portion of the land set aside by LANDLORD for non-exclusive use of tenants, is subject to such reasonable rules and regulations as the LANDLORD may impose from time to time. No more than 3.3 parking spaces per 1 ,000 square feet are to be occupied at any one time by the TENANT, its employees and invitees. Overnight parking of vehicles is prohibited; except private vehicles on a non-recurring basis, not longer than seven continuous days. LANDLORD reserves the right to move or remove any vehicle remaining after seven days during the snow removal season. The storage, at any time, of any property in the common areas is prohibited. TENANT will have no right to use the upper level parking area. TENANT has the right, (at any time, by giving LANDLORD written notice specifying the number of additional parking stalls desireda) to require LANDLORD to Create up to forty (40) parking stalls on the property in addition to those existing as of the date of the Lease. Upon receiving the notice, LANDLORD will diIigently undertake reasonable efforts to do all things necessary to Create the stalls, including applying for all necessary City approvals. If LANDLORD Cannot, despite reasonable efforts, obtain all such approvals, LANDLORD will have no obligation to Create the stalls, notwithstanding anything herein to the Contrary. LANDLORD will have no obligation to bring suit against the City to obtain any such approval, and "reasonable efforts" shall not be Construed to require any such suit. If LANDLORD can obtain approval for some but not all of the desired stalls, LANDLORD will so notify TENANT, who will have the right, by notice given within the following five (5) days, to Cancel its notice calling for additional stalls, or accept the number of new stalls available, or appeal to the City of Minnetonka. The location of the stalls will be decided by mutual agreement among LANDLORD, TENANT, and to the extent the law allows. LANDLORD will fund all expenses (including, without limitation, city applications fees) incurred in creating the stalls, but will be entitled to invoice TENANT for such expenses, starting on completion of the stalls, amortized over the number of months remaining in the current lease term, at the rate of 10% per annum, simple interest. This invoice amortized amount will be treated as base rent, and TENANT will, on request, execute a lease amendment reflecting the increase in monthly base rent to include the amortized monthly installment. LANDLORD Tenant shall have the right to construct additional use FIVE (5) assigned parking at any time Upon completion spaces -------- (the "Assigned Spaces") located in the parking structure comprising a part of the stalls, TENANT will Building Complex (the "Garage") on the terms and conditions contained herein. Tenant shall have the right to occupy, at any one time, stalls use SIX --- (6) unassigned parking spaces (the "Unassigned Spaces") located in --- a surface parking area constructed on the real property (except the upper "Surface Lot") on the terms and conditions contained herein The rights of Tenant to the Assigned and Unassigned Spaces as granted by Landlord shall collectively be referred to as the "Parking Privileges." (b) There shall be no charge for the Unassigned Spaces. Tenant shall pay to Landlord as a parking lotfee for the Assigned Spaces an amount (the "Fee") equal to the result obtained by multiplying the monthly charge per assigned parking space established by Landlord from time to time for assigned parking privileges in number to 80 plus the Garage times the number of new stalls created pursuant assigned parking spaces included in the Assigned Spaces. The initial monthly charge per assigned parking space is $45.00 FOR COMPACT AND ---------------------- FOR MID-SIZE AND $60.00 FOR FULL SIZE and Landlord shall be entitled ------------------------------------- to this provision. TENANT will have no rightincrease or decrease such charge from time to time upon at least one month's written notice of the increase or decrease to Tenant, provided, however, to require LANDLORD to designate that any stalls, except all stalls created such increase shall not exceed the highest amount charged for comparable covered parking spaces in the office park area marked generally referred to as the Denver Technological Center. The Fee shall be paid on Exhibit A & B the first day of the Term of this Lease and on the first day of each succeeding calendar month during the Term of this Lease. All payments of the Fee shall be made in advance, without notice or set off, at the address of Landlord set forth in this Lease, or at such place as Parking Area Landlord from time to time designates in writing. If the Term of this lease shall begin on a day other than the first day of a calendar month or end on a day other than the last day of a calendar month, the Fee for the exclusive fractional month at the beginning or end of the Term of this Lease shall be prorated on a daily basis and shall be paid on the date of the beginning of the Term of this Lease or in advance on the first day of the last month of the Term of this Lease, as the case may be. (c) The Parking Privileges shall commence on the same day as the Term of this Lease and shall continue in full force and effect for the Term of this Lease unless sooner terminated or extended pursuant to the provisions of this Lease. The Parking Privileges shall automatically terminate upon the expiration or earlier termination of the Term of this Lease. (1) Tenant shall use the Assigned and Unassigned Spaces only for automobile parking. Landlord shall have the right at any time to change the arrangement or location of, or both, or to regulate the use of, the Assigned and Unassigned Spaces or the Garage or Surface Lot without incurring any liability to Tenant or entitling Tenant to any abatement of the Fee. Among other things, Landlord shall be entitled to assign designated areas for use by particular persons or groups of persons and Tenant shall refrain from parking in such spaces. Tenant acknowledges that the Unassigned Spaces will not be designated for use by Tenant and that Tenant will use the Unassigned Spaces in the Garage and Surface Lot in common with all persons to whom or which Landlord grants the right to use the Assigned Spaces in the Garage and Surface Lot. (2) The use of the TENANTAssigned and Unassigned Spaces is subject to the following rules: A. Tenant shall designate use of the Assigned and Unassigned Spaces to specific individuals employed by Tenant ("Designated Users"), but Tenant shall remain responsible for all obligations to pay rent or to otherwise perform hereunder. Any defaultTenant agrees to provide Landlord from time to time with a listing of all vehicles of Designated Users, while uncuredincluding names, will suspend TENANT'S rights under this provisionvehicle models and colors and license plate numbers, and Tenant shall provide Landlord with a revised listing promptly after any change to the listing. TENANT may exercise its Tenant shall see that all of Tenants Designated Users are supplied with parking decals provided by Landlord, which decals shall at all times be displayed prominently on the vehicles of Designated Users. Tenant shall be responsible for enforcing compliance with all terms contained herein by Designated Users of the Assigned and Unassigned Spaces. Landlord shall have the right under this provision only onceto directly ban any Designated User from the Assigned and Unassigned Spaces for violation of the Parking Privileges. B. Tenant and Designated Users of the Assigned and Unassigned Space shall approach and leave the parking facilities with due care for pedestrians, other moving or parked vehicles, and the doors, fences and other improvements in the Garage and on the Surface Lot.

PARKING AND COMMON AREAS. The TENANT, its employees parking and invitees shall have the non-exclusive right to use the common areas, driveways and parking lots along with the other tenants areas of the Building and their employees and invitees. The use of common areas, and Shopping Center shall be available for the portion of the land set aside by LANDLORD for non-exclusive use of tenantsTenant during the full term of this Lease and any extension of the term of this Lease; provided that the condemnation or other taking by any public authority, is subject to such reasonable rules or sale in lieu of condemnation, of any or all of the parking and regulations as the LANDLORD may impose from time to timecommon areas shall not constitute a violation of this covenant. No more than 3.3 parking spaces per 1 ,000 square feet are to be occupied at any one time by the TENANT, its employees and invitees. Overnight parking of vehicles is prohibited; except private vehicles on a non-recurring basis, not longer than seven continuous days. LANDLORD Landlord reserves the right to move or remove change the entrances, exits, traffic lanes and the boundaries and locations of such parking and common areas. This Lease shall be subordinate to any vehicle remaining after seven days during the snow removal season. The storage, at any time, of any property in the common areas is prohibited. TENANT will have no right to use the upper level parking area. TENANT has the right, (at any time, by giving LANDLORD written notice specifying the number of additional parking stalls desired) to require LANDLORD to Create up to forty (40) parking stalls on the property in addition to those agreement existing as of the date of this Lease, or to any agreement subsequently executed, which encumbers the Lease. Upon receiving real property of which the noticePremises are a part, LANDLORD will diIigently undertake reasonable efforts to do all things necessary to Create the stalls, including applying which agreement provides for all necessary City approvals. If LANDLORD Cannot, despite reasonable efforts, obtain all such approvals, LANDLORD will have no obligation to Create the stalls, notwithstanding anything herein reciprocal easements and restrictions pertaining to the Contrary. LANDLORD will have no obligation to bring suit against the City to obtain any such approvalparking and common areas, and "reasonable efforts" shall not be Construed to require any such suit. If LANDLORD can obtain approval for some but not all of the desired stalls, LANDLORD will so notify TENANT, who will have the right, by notice given within the following five (5) days, to Cancel its notice calling for additional stalls, or accept the number of new stalls available, or appeal to the City of Minnetonka. The location of the stalls will be decided by mutual agreement among LANDLORD, TENANT, and to the extent the law allows. LANDLORD will fund all expenses (including, without limitation, city applications fees) incurred in creating the stalls, but will be entitled to invoice TENANT for such expenses, starting on completion of the stalls, amortized over the number of months remaining in the current lease termevent of conflict between the provisions of such agreement and this Lease, at the rate provisions of 10% per annum, simple interestsaid agreement shall prevail. This invoice amortized amount will be treated as base rent, and TENANT will, on request, execute a lease amendment reflecting the increase in monthly base rent to include the amortized monthly installment. LANDLORD shall have the right to construct additional parking at any time Upon completion of the stalls, TENANT will have the right to occupy, at any one time, stalls on the property (except the upper parking lot) equal in number to 80 plus the number of new stalls created pursuant to this provision. TENANT will have no rightProvided, however, nothing therein shall cause Tenant to require LANDLORD pay a greater share of the parking and common areas maintenance cost than herein provided, and provided further that there shall at all times be maintained parking and common areas of not less than two (2) square feet of parking and common areas for each square foot of ground floor building area within the Shopping Center. (a) Prior to designate any stallsthe date Tenant is to occupy the Premises, except all stalls created Landlord shall improve the parking and common areas. (b) Landlord shall keep or cause to be kept the parking and common areas in a neat, clean and orderly condition, properly lighted and landscaped, and shall maintain, repair and/or replace the facilities thereof as necessary in Landlord’s reasonable discretion. All costs incurred in connection with the parking and common areas shall be charged to the tenants of the Shopping Center and prorated in the area marked manner hereinafter set forth. The phrase “costs incurred in connection with the parking and common areas” as used herein shall be construed to include, but not be limited to, all sums expended by landlord in connection with the parking and common areas for resurfacing, repaving, painting, restriping, cleaning, sweeping, janitorial services, planting, replanting and landscaping, electricity and other utilities, repair and replacement of lighting standards, directional signs and other markers and bumpers; maintenance of facilities which support the Shopping Center which are not located in the Shopping Center; general maintenance and repairs; personnel to implement such services and to police the parking and common areas; required fees or charges levied pursuant to any governmental requirements; maintenance of common utility lines; public liability and property damage insurance on Exhibit A & B the parking and common areas, which shall be carried and maintained by Landlord and under which Tenant shall be named as Parking Area an additional insured, with limits as determined by Landlord from time to time; and a fee equal to ten (10%) percent of said costs to Landlord for the exclusive use Landlord’s supervision of the TENANT. Any defaultmaintenance, while uncured, will suspend TENANT'S rights under this provision. TENANT may exercise its right under this provision only oncerepair and/or replacement of parking and common areas as hereinabove described.

PARKING AND COMMON AREAS. The TENANT, its employees and invitees shall have the non-exclusive use of the upper parking area. TENANT shall have use of at least 3.3 parking stalls per 1,000 square feet contained in the Leased Premises, without charge (other than Additional Rent). The exclusive spaces referred to above will count towards the 3.3 parking stalls per 1,000 square feet requirement. TENANT may erect signs identifying TENANT's exclusive parking stalls in the upper parking area (some of which signs may designate certain employees or TENANT's visitors). LANDLORD shall enforce the exclusivity of TENANT's parking stalls for TENANT's benefit. LANDLORD will designate by signs as "visitor" stalls at least 15 parking stalls in the lower parking lot, in a location approved by TENANT. If TENANT finds that its visitors are frequently unable to find visitor parking stalls available, LANDLORD agrees, upon written notice by TENANT, to promptly take action to assure visitor parking is available, either by adding additional visitor parking stall signs and/or enforcing the use of the existing visitor parking stalls by only visitors of the Building. TENANT shall also have the nonexclusive right to use the common areas, loading dock, adjacent loading area, sidewalks, driveways and parking lots spaces other than TENANT's exclusive spaces along with the other tenants of the Building and their employees and invitees. The use of common areas, and the portion of the land set aside by LANDLORD for non-exclusive nonexclusive use of tenants, is subject to such reasonable rules and regulations as the LANDLORD may impose from time to time. No more than 3.3 parking spaces per 1 ,000 square feet are to be occupied at any one time by the TENANT, its employees and invitees. Overnight parking of vehicles is prohibited; (except private vehicles on a non-recurring basis, not longer than seven continuous days. LANDLORD reserves for employees then working at the right to move or remove any vehicle remaining after seven days during Leased Premises) and the snow removal season. The storage, at any time, of any other property in the common areas of the Building is prohibited. TENANT will have no right To accommodate TENANT's storage needs, LANDLORD agrees to use the upper level parking area. TENANT has the rightlease to TENANT, (at any timeon request by TENANT, on a space available basis, such storage space as required by giving LANDLORD written notice specifying the number of additional parking stalls desired) to require LANDLORD to Create TENANT, up to forty (40) parking stalls 1,000 square feet, in a location reasonably convenient to the loading dock, at the going rental rate for storage space in the Building, not to exceed $4.50 per square foot net. Any lease by TENANT of such storage space shall expire at the expiration or earlier termination of this Lease. Notwithstanding the "space available" provision contained above, LANDLORD agrees to offer the storage space depicted on Exhibit "A" to TENANT pursuant to the property in addition to those existing as balance of the date of the Lease. Upon receiving the notice, LANDLORD will diIigently undertake reasonable efforts two preceding sentences before leasing it to do all things necessary to Create the stalls, including applying for all necessary City approvalsthird parties. If LANDLORD Cannot, despite reasonable efforts, obtain all such approvals, identifies a prospective tenant for the storage space depicted on Exhibit "A," LANDLORD will have no obligation first offer such space to Create the stalls, notwithstanding anything herein to the Contrary. LANDLORD will have no obligation to bring suit against the City to obtain any such approval, and "reasonable efforts" shall not be Construed to require any such suit. If LANDLORD can obtain approval for some but not all of the desired stalls, LANDLORD will so notify TENANT, who will have the right, by notice given within the following five (5) days, to Cancel its notice calling for additional stalls, or accept the number of new stalls available, or appeal to the City of Minnetonka. The location of the stalls will be decided by mutual agreement among LANDLORD, TENANT, and to the extent the law allows. LANDLORD will fund all expenses (including, without limitation, city applications fees) incurred in creating the stalls, but will be entitled to invoice TENANT for such expenses, starting on completion of the stalls, amortized over the number of months remaining in the current lease term, at the rate of 10% per annum, simple interest. This invoice amortized amount will be treated as base rent, and TENANT will, on request, execute a lease amendment reflecting the increase in monthly base rent to include the amortized monthly installment. LANDLORD shall have the right to construct additional parking at any time Upon completion of the stalls, TENANT will have the right to occupy, at any one time, stalls on the property (except the upper parking lot) equal in number to 80 plus the number of new stalls created pursuant to this provisionSection 5. If TENANT will have no rightdoes not accept LANDLORD's offer within 10 business days after receipt of LANDLORD's offer, however, TENANT's right of first offer with respect to require LANDLORD to designate any stalls, except all stalls created in the area marked on Exhibit A & B as Parking Area for the exclusive use of the TENANT. Any default, while uncured, will suspend TENANT'S rights under this provision. TENANT may exercise its right under this provision only oncesuch space shall terminate.