Common use of Use of Common Areas Clause in Contracts

Use of Common Areas. The term ~common area,' as used in this Lease, shall mean (i) the following areas within the regional retail development: parking areas and facilities as determined by Landlord (collectively "parking facilities"), roadways, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which from time to time may be provided by the owners of such areas for the convenience and use of Landlord, the tenants of the Shopping Center, the owners and occupants of the Department Store Sites, and their respective concessionaires, agents, employees, customers, invitees and all other licensees and others entitled to the use thereof and (iii) any other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy by Tenant of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience and use the common areas have been or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, however, to rules and regulations for the use thereof as prescribed from time to time by Landlord or the owner of such common area, including, without limitation, the right of Landlord to determine the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping Center, and including the right of Landlord or such owner to impose parking charges, whether by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenant, its agents or employees, use the common areas for the display or sale of merchandise. Without limiting the generality of the foregoing, Landlord may include in common areas

Use of Common Areas. The term ~common area,' Tenant and its officers, employees, agents, customers and invitees shall have the nonexclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use the Common Areas as used in this Lease, shall mean (i) the following areas within the regional retail development: parking areas and facilities as determined by Landlord (collectively "parking facilities"), roadways, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which designated from time to time by Landlord, subject to such regulations as Landlord may be provided by from time to time impose, including the owners designation of such areas for the convenience days and hours of operation and use and designation of Landlordspecific areas in which motor vehicles owned or used by Tenant, its officers, employees, and agents must be parked. Tenant shall, upon request, furnish to Landlord the tenants license numbers and descriptions of the motor vehicles operated by Tenant and its officers, agents and employees. If Landlord designates such parking areas, and if any motor vehicle of Tenant, or an officer, employee or agent of Tenant is parked in any other portion of the Shopping Center, Tenant shall pay to Landlord, upon demand, the owners sum of Fifty and occupants of the Department Store Sites00/100 Dollars ($50.00) for each such motor vehicle for each day, or part thereof, such motor vehicle is so parked, and their respective concessionairesTenant hereby authorizes Landlord to tow or cause any such car to be towed to the then designated parking area, and Tenant hereby agrees to reimburse Landlord for the cost thereof upon demand, and otherwise indemnify and hold Landlord harmless with respect thereto. Tenant agrees to abide by such regulations and to use its best efforts to cause its officers, employees, agents, customers and invitees to conform thereto. Landlord may at any time close temporarily the Common Areas or any portion thereof to make repairs or changes to prevent the acquisition of public rights therein, or to discourage noncustomer parking, and may do such other acts in and to the Common Areas as in its judgment may be desirable to improve the convenience thereof. Tenant shall not at any time interfere with the rights of Landlord and other tenants, its and their permitted officers, employees, agents, customers, invitees and all other licensees and others entitled invitees, to the use thereof and (iii) any other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy by Tenant part of the leased premises parking areas and other Common Areas. Landlord shall include have the use of the common areas in common with Landlord sole and with all others for whose convenience and exclusive right to use the common areas have been or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping CenterCommon Areas for advertising purposes, subjectpromotions, howeverexhibits, to rules shows, displays, kiosks and regulations for the use thereof as prescribed from time to time by Landlord or the owner of such common area, including, without limitation, the right of Landlord to determine the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping Center, and including the right of Landlord or such owner to impose parking charges, whether by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenant, its agents or employees, use the common areas for the display or sale of merchandise. Without limiting the generality of the foregoing, Landlord may include in common areasother similar uses.

Use of Common Areas. The term ~common area,' as used in Landlord agrees to cause to be operated, managed and maintained during the Term of this Lease, shall mean (i) Lease all of the following areas within the regional retail development: parking areas and facilities as determined by Landlord (collectively "parking facilities"), roadways, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which from time to time may be provided by the owners of such areas for the convenience and use of Landlord, the tenants Common Areas of the Shopping Center. Landlord agrees to maintain the Common Areas of the Shopping Center in good order, condition and repair and in a safe, clean, sightly and sanitary condition in accordance with good and accepted shopping center practices. The maintenance obligations of Landlord shall include (without limitation) the re-striping of parking areas when required, repairing of the Common Areas and adequate lighting of all exterior Common Areas. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has granted or may hereafter grant rights to use the same (including, but not limited to, the owners owners, tenants and occupants of the Department Store SitesShopping Center), of the Common Areas and their respective concessionaires, agents, employees, customers, invitees and all other licensees and others entitled to the use thereof and (iii) any of such other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy by Tenant of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience and use the common areas have been or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, ; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants as prescribed from time to time by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord or for that purpose. Tenant covenants that it will enforce the owner parking by its employees in such designated areas. Automobile license numbers of such common employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, including, without limitation, Landlord shall have the right of Landlord to determine cause the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping Centervehicle to be towed to a location designated by Landlord, and including the right of Tenant shall be obligated to reimburse Landlord or such owner for all towing charges. Tenant further agrees to impose parking charges, whether by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenanthold harmless Landlord and defend Landlord, its agents or employees, use the common areas for the display or sale of merchandise. Without limiting the generality and employees against any and all claims of the foregoingemployee and/or owner of the vehicle towed. Landlord may at any time close temporarily any portion of the Common Areas to make repairs or changes, to prevent the acquisition of public rights in the Common Areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the Leased Premises. In addition, Landlord may include modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the Common Areas for entertainment, displays and charitable activities, and do such other acts in common areasand to the Common Areas as in its judgment may be desirable to improve the convenience or attraction thereof, provided the same shall not materially adversely affect access to or visibility of the Leased Premises.

Use of Common Areas. The term ~common "common area,' " as used in this Lease, shall mean (i) the following areas within the regional entertainment and retail developmentcenter: parking areas and facilities as determined by Landlord (collectively "parking facilities"), roadways, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mallmall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional entertainment and retail development center and areas adjacent to the regional entertainment and retail development center which from time to time may be provided by the owners of such areas for the convenience and use of Landlord, the tenants of the Shopping CenterDevelopment, the owners and occupants of the Department Major Store Sites, and their respective concessionaires, agents, employees, customers, invitees and all other licensees and others entitled to the use thereof and (iii) any other facilities or areas, whether within or outside the regional entertainment and retail developmentcenter, as may be designated by Landlord from time to time. The use and occupancy by Tenant of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience and use the common areas have been or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping CenterDevelopment, subject, however, to rules and regulations for the use thereof as prescribed from time to time by Landlord or the owner of such common area, including, without limitation, the right of Landlord to determine the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping CenterDevelopment, and including the right of Landlord or such owner to impose parking charges, whether by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenant, its agents or employees, use the common areas for the display or sale of merchandise. Without limiting the generality of the foregoing, Landlord may include in common areas those portions of the Development presently or hereafter sold or leased to Major Stores, until the building thereon has been opened for business, at which time there shall be withdrawn from the common areas those areas not provided by the owner thereof for common use. Tenant and its employees and agents shall park their cars and other vehicles only in areas specifically designated from time to time by Landlord for that purpose, and shall not in any case park their vehicles in any private or non-public portions of the parking facilities. Tenant covenants that it will enforce the parking by its employees and agents in such designated areas and in only public areas. Automobile license numbers of employees' and agents' vehicles shall be furnished by Tenant to Landlord upon Landlord's request. In the event any vehicle is parked by Tenant or by an employee or agent of Tenant in a private or non-public parking area or in any portion of the parking facilities other than the area of such parking facilities as shall be designated by Landlord, Tenant shall be obligated to pay Landlord the sum of One Hundred Dollars ($100) per day for each such vehicle in order to partially compensate Landlord for the loss of percentage rent arising from the business lost to Tenant and to other tenants in the Development due to the lack of available parking space in the said parking facilities, and Landlord shall have the right to cause the vehicle to be towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for all towing charges. Similarly, Landlord shall have the right to cause any vehicle to be towed if the parking charges, if any, or the per diem charge or reimbursement due to Landlord hereunder, with respect to such vehicle have not been paid; with any such vehicle to be towed to a location designated by Landlord and with Tenant being obligated to pay all parking charges, fines and towing charges imposed by Landlord with respect to such vehicles. Tenant further agrees to hold harmless Landlord and defend Landlord, its agents and employees against any and all claims of the employee, agent and/or owner of the vehicle towed. Landlord shall have the further option of prohibiting Tenant and its employees and agents from parking their cars or other vehicles in the parking facilities, and the violation of such prohibition shall be subject to the same provisions as set forth above. Landlord may at any time close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights in such area, to discourage non-customer parking, to use areas for attendant or valet parking, and may do such other acts in and to the common areas as in its judgment may be desirable to improve the convenience thereof. Tenant shall not provide, nor shall Tenant authorize any person or entity to provide, valet or attendant parking for Tenant's customers or others; Landlord shall have the exclusive right, but shall not be obligated, to provide valet or attendant parking at the entertainment and retail center.

Use of Common Areas. The term ~common area,' as used in this LeaseTenant and its business invitees, employees and customers shall mean (i) have the following areas within the regional retail development: parking areas and facilities as determined by Landlord (collectively "parking facilities")nonexclusive right, roadways, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which from time to time may be provided by the owners of such areas for the convenience and use of Landlord, the tenants of the Shopping Center, the owners and occupants of the Department Store Sites, and their respective concessionaires, agents, employees, customers, invitees and all other licensees and others entitled to the use thereof and (iii) any other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy by Tenant of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience and use the common areas have been to whom Landlord has granted or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, howevergrant rights, to rules and use the Common Areas subject to such reasonable regulations for the use thereof UNIFORMLY APPLIED as prescribed Landlord may from time to time by Landlord or impose and the owner of such common area, including, without limitation, the right rights of Landlord set forth above. [Confidential] Tenant shall abide by all rules and regulations and cause its [Confidential], officers, employees AND agents, [Confidential] to determine abide thereby. Landlord may at any time temporarily close any Common Areas to make repairs or changes, prevent the hours acquisition of public rights therein, discourage noncustomer parking, or for any other reasonable purpose. IN THE EVENT THAT LANDLORD CLOSED THE COMMON AREAS FOR MORE THAN TWENTY-FOUR (24) BUSINESS HOURS (SUCH HOURS BEING THOSE SET FORTH IN SECTION 8.3) WITHIN ANY ONE WEEK AND ACCESS TO THE PREMISES IS AFFECTED IN A SUBSTANTIALLY ADVERSE MANNER, THEN THE MINIMUM MONTHLY RENT SHALL ABATX XXXM THE TIME FOR SUCH CLOSURE UNTIL ADEQUATE ACCESS IS RESTORED. Tenant shall furnish Landlord license numbers and mode descriptions of operation cars used by Tenant and its concessionaires, officers and employees. Tenant shall not interfere with Landlord's or other tenant's rights to use any part of the elevators, escalators and vertical transportation facilities serving the Shopping Center, and including the right of Landlord or such owner to impose parking charges, whether by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenant, its agents or employees, use the common areas for the display or sale of merchandise. Without limiting the generality of the foregoing, Landlord may include in common areasCommon Areas.

Use of Common Areas. The term ~common area,' as used in this LeaseTenant and its business invitees, employees and customers shall mean (i) have the following areas within the regional retail development: parking areas and facilities as determined by Landlord (collectively "parking facilities"), roadways, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which from time to time may be provided by the owners of such areas for the convenience and use of Landlord, the tenants of the Shopping Center, the owners and occupants of the Department Store Sites, and their respective concessionaires, agents, employees, customers, invitees and all other licensees and others entitled to the use thereof and (iii) any other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy by Tenant of the leased premises shall include the use of the common areas nonexclusive right in common with Landlord and with all others for whose convenience and to whom Landlord has granted or any hereafter grant rights, to use the common areas have been or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, however, Common Areas subject to such rules and regulations for the use thereof as prescribed Landlord may from time to time impose and the rights of Landlord set forth above. Tenant shall pay Landlord, upon demand, $10.00 for each car or other vehicle for each day on which such car or other vehicle of Tenant, or a concessionaire, employee or agent of Tenant is parked outside any areas designated by Landlord or the owner of such common area, including, without limitation, the right of for employee parking. Tenant authorizes Landlord to determine cause any such car to be towed from the hours Center and mode Tenant shall reimburse Landlord for the cost thereof upon demand, and otherwise indemnify and hold Landlord harmless with respect thereto. Tenant shall abide by all rules and regulations and cause its concessionaires, officers, employees, agents, customers and invitees to abide thereby. Landlord may at any time close temporarily any Common Areas to make repairs or changes, prevent the acquisition of operation public rights therein, discourage noncustomer parking, or for other reasonable purposes. Tenant shall furnish Landlord license numbers and descriptions of cars used by Tenant and its concessionaires, officers and employees. Tenant shall not interfere with Landlord's or other tenants' rights to use any part of the elevators, escalators and vertical transportation facilities serving the Shopping Center, and including the right of Landlord or such owner to impose parking charges, whether by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenant, its agents or employees, use the common areas for the display or sale of merchandise. Without limiting the generality of the foregoing, Landlord may include in common areasCommon Areas.

Use of Common Areas. The term ~common area,' as used in this Leasea) Landlord may at any time establish or change the nature, shall mean use, size, or composition of the Common Areas. Such actions may include, but not be limited, to the following: (i) the following areas within the regional retail development: parking areas creation and facilities as determined by Landlord (collectively "parking facilities")relocation of driveways, roadwaysgate, pedestrian sidewalks and walkwaysramp entrances, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable)exits, and other areas, amenities, facilities and improvements provided by Landlord, parking spaces; (ii) those areas the installation of landscaping; (iii) the designation of restricted areas; and (iv) the establishment of disabled parking and loading zones. b) Landlord shall operate, manage, and maintain the Common Areas. The manner in which such Common Areas shall be operated, managed, maintained, improved, or repaired shall be at the sole discretion of Landlord. c) Tenant and its employees and invitees are, except as otherwise specifically prohibited by this Agreement, authorized to use the Common Areas in common with other persons during the term of this Agreement. d) Tenant shall not at any time park or permit the parking of its trucks or vehicles or the trucks or vehicles of its employees, suppliers, customers, or invitees in any area within the regional retail development Santa Xxxxxx Airport not designated by Landlord for such use by Tenant and areas its employees, suppliers, customers, or invitees. If Tenant parks, or permits the parking of, any vehicle contrary to the foregoing provisions, Landlord may cause the same to be towed to a public garage or other parking area and the expenses related to such towing will be paid by Tenant. e) Landlord shall at all times have the sole and exclusive control of all Common Areas. Tenant’s rights hereunder in and to the Common Areas shall at all times be subject to the rights of Landlord, and equal to other tenants of the Santa Xxxxxx Airport to use and benefit from such areas. By way of this Agreement, Tenant agrees that it has a duty: (i) to the extent reasonably within its control, keep all Common Areas adjacent to the regional retail development which from time to time may be provided by the owners Premises free and clear of such areas for the convenience and use of Landlord, the tenants of the Shopping Center, the owners and occupants of the Department Store Sites, and their respective concessionaires, agents, employees, customers, invitees and all other licensees and others entitled to the use thereof and (iii) any other facilities obstructions or areas, nuisances whether within created or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy permitted by Tenant of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience and use the common areas have been or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, however, to rules and regulations for the use thereof as prescribed from time to time by Landlord or the owner of such common area, including, without limitation, the right of Landlord to determine the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping Center, and including the right of Landlord or such owner to impose parking charges, whether by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenant, its agents or employees, use the common areas for the display or sale of merchandise. Without limiting the generality of the foregoing, Landlord may include in common areasoperations;

Use of Common Areas. The term ~common area,' as used in this LeaseTenant and its concessionaires, shall mean (i) the following areas within the regional retail development: parking areas and facilities as determined by Landlord (collectively "parking facilities")officers, roadwaysemployees, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which from time to time may be provided by the owners of such areas for the convenience and use of Landlord, the tenants of the Shopping Center, the owners and occupants of the Department Store Sites, and their respective concessionairescontractors, agents, employeescustomers and invitees (collectively, customers“Invitees”) shall have the non-exclusive right, invitees and all other licensees and others entitled to the use thereof and (iii) any other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy by Tenant of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience other tenants and their Invitees to use the common areas have been or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping CenterCommon Areas, subject, however, subject to reasonable and uniformly enforced rules and regulations for consistent with the provisions of this Lease as Landlord may impose. Landlord may, but shall not be obligated, to designate specific areas in the parking areas of the Business Park in which cars owned by Tenant, its concessionaires, officers, employees and agents must be parked. Landlord shall prohibit delivery trucks serving other tenants from parking in front of the Leased Premises and Tenant shall use thereof its best efforts to require that all deliveries to the Leased Premises be made only through its rear entrance. Landlord may at any time close temporarily any Common Area to make repairs or changes, to prevent the acquisition of public rights in such area or to discourage non-customer parking; and Landlord may do such other acts in the Common Areas as prescribed from time in its judgment may be desirable to time by improve its convenience, but Landlord or may not impose any parking charge. Notwithstanding anything to the owner of such common areacontrary contained in this Lease, in exercising its rights under this Section, including, without limitation, making changes to the right of Common Areas, Landlord shall not materially obstruct access to determine the hours Premises, shall not unreasonably interfere with Tenant’s business, nor materially reduce Tenant’s rights under this Lease. All rules and mode of regulations (and any amendment thereof) for the use and operation of the elevators, escalators Common Areas shall be effective upon delivery of a copy to Tenant and vertical transportation facilities serving shall not materially reduce Tenant’s rights under the Shopping Center, and including the right of Landlord or such owner to impose parking charges, whether by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenant, its agents or employees, use the common areas for the display or sale of merchandise. Without limiting the generality of the foregoing, Landlord may include in common areasLease.

Use of Common Areas. The term ~common area,' as used in this LeaseTenant and its concessionaires, shall mean (i) the following areas within the regional retail development: parking areas and facilities as determined by Landlord (collectively "parking facilities")officers, roadways, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which from time to time may be provided by the owners of such areas for the convenience and use of Landlord, the tenants of the Shopping Center, the owners and occupants of the Department Store Sites, and their respective concessionairesemployees, agents, employees, customers, customers and invitees and all other licensees and others entitled to shall have the use thereof and (iii) any other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy by Tenant of the leased premises shall include the use of the common areas non-exclusive right in common with Landlord and with all others for whose convenience and use the common areas have been to whom Landlord has or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, howevergrant rights, to rules and regulations for use the use thereof Common Areas as prescribed designated from time to time by Landlord, subject to such reasonable rules and regulations as Landlord may from time to time impose, as more particularly described in Section 5.1. Tenant agrees after notice thereof to abide by such rules and regulations and to use its best efforts to cause its concessionaires, officers, employees, agents, customers and invitees to conform thereto. Landlord may at any time close temporarily any Common Area to make repairs or changes, to prevent the owner acquisition of public rights in such common area, including, without limitation, area or to discourage non-customer parking; and Landlord may do such other acts in and to the right of Common Areas as in its judgment may be desirable to improve the convenience thereof. Landlord to determine the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping Center, and including the right of Landlord or such owner to impose parking charges, whether may designate specific areas in which automobiles owned by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenant, its concessionaires, officers, employees and agents or must be parked. Tenant shall, upon request, furnish to Landlord the license numbers of the cars operated by Tenant and its concessionaires, officers, employees and agents. Tenant shall not at any time interfere with the rights of Landlord and other tenants, its and their concessionaires, officers, employees, agents, customers and invitees, to use the common areas for the display or sale of merchandise. Without limiting the generality any part of the foregoingparking areas and other Common Areas. Tenant and Tenant’s concessionaires, officers, employees or agents shall not solicit business in the parking or other Common Areas; shall not distribute any flyers, pamphlets, brochures, handbills or other advertising matter in the parking or other Common Areas; and shall not place any flyers, pamphlets, brochures, handbills or other advertising matter in or on any automobiles parked therein without Landlord’s written consent. Landlord may include reserves the right to grant to third persons the non-exclusive right to cross over and use in common areaswith Landlord and all tenants of the Shopping Center the Common Areas as designated from time to time by Landlord.

Use of Common Areas. The term ~common area,' as used in this LeaseTenant and its concessionaires, shall mean (i) the following areas within the regional retail development: parking areas and facilities as determined by Landlord (collectively "parking facilities")officers, roadways, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which from time to time may be provided by the owners of such areas for the convenience and use of Landlord, the tenants of the Shopping Center, the owners and occupants of the Department Store Sites, and their respective concessionairesemployees, agents, employeescustomers and invitees shall have the non-exclusive right, customers, invitees and all other licensees and others entitled to the use thereof and (iii) any other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy by Tenant of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience and to whom Landlord has or may hereafter grant rights, to use the common areas have been or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, however, to rules and regulations for the use thereof as prescribed designated from time to time by Landlord or the owner of subject to such common areareasonable rules and regulations as Landlord my from time to time impose, including, without limitation, the right of Landlord to determine the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping Center, and including the right designation of Landlord or such owner to impose parking charges, whether specific areas in which cars owned by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenant, its concessionaires, officers, employees and agents or must be parked. There are currently a total of 197 parking spaces on the property. As long as Promedica is the other tenant, their parking space allocation per their current lease will remain @ 40 spaces. eAUTO will be allocated 157 parking spaces. eAUTO agrees that at anytime in the future if the Lessor enters into a lease agreement with a new tenant for the 32,000 SF space currently occupied by Promedica, that eAUTO will accept a reduction to 133 parking spaces. Tenant agrees after notice thereof to abide by such rules and regulations and to use its best efforts to cause its concessionaires, officers, employees, use agents, customers and invitees to conform thereto. Landlord may at any time close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights in such areas or to discourage non-customer parking; and Landlord may do such other acts in and to the common areas for as in its judgment may be desirable to improve the display convenience thereof provided that Landlord shall not unduly interfere or sale of merchandisedisrupt Tenant's business. Without limiting Tenant shall upon request furnish the generality Landlord the license numbers of the foregoingcars operated by Tenant and its concessionaires, officers, employees, agents, customers and invitees, to use any part of the parking area and other common areas. Neither Tenant nor Tenant's employees, concessionaires or agents shall solicit business in the parking or other common area or distribute any handbills or other advertising matter in such areas or place any such handbills or advertising matter in or any automobiles parked therein without Landlord's written consent. Landlord may include reserves the right to grant to third persons the non-exclusive right to cross over and use in common areaswith Landlord and all tenants of the property the common areas designated from time to time by Landlord.

Use of Common Areas. The term ~common area,' as used Tenant and Tenant’s business invitees, employees and customers shall have the non-exclusive right, in this Lease, shall mean (i) the following areas within the regional retail development: parking areas and facilities as determined by Landlord (collectively "parking facilities"), roadways, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable)common with Landlord, and all others to whom Landlord has granted or may hereafter grant rights, to use the Common Areas for ingress, egress and parking subject to such reasonable regulations as Landlord or such other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which person may from time to time may impose and the rights of Landlord set forth above. Tenant and Tenant’s business invitees, employees and customers shall also have a non-exclusive right to walk through the Hotel Complex in order to gain ingress to and egress from the Premises. Tenant shall pay Landlord, upon demand, Twenty Dollars ($20.00) for each day on which a car of Tenant, a concessionaire, employee or agent of Tenant is parked outside any area designated by Landlord for employee parking. Tenant authorizes Landlord to cause any such car to be provided by the owners of fitted with a “boot” device or towed from such areas undesignated area and Tenant shall reimburse Landlord for the convenience cost thereof upon demand, and otherwise indemnify and hold Landlord harmless with respect thereto. Tenant shall abide by all rules and regulations promulgated by Landlord regarding the Premises and communicated in writing to Tenant, and use of Landlordits commercially reasonable efforts to cause Tenant’s concessionaires, the tenants of the Shopping Centerofficers, the owners and occupants of the Department Store Sites, and their respective concessionairesemployees, agents, employeescustomers and invitees to abide thereby. Landlord may at any time close temporarily any Common Areas to make repairs or changes, customersprevent the acquisition of public rights therein, invitees discourage non-customer parking, or for other reasonable purposes, and Landlord shall in all other licensees such cases (except in the event of an emergency) attempt to provide Tenant with prior notice of each such closure. If requested by Landlord, Tenant shall furnish Landlord license numbers and others entitled to the use thereof and (iii) any other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy descriptions of cars used by Tenant and Tenant’s concessionaires, officers and employees. Tenant shall not interfere with Landlord’s or other permitted users’ rights to use any part of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience and use the common areas have been or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, however, to rules and regulations for the use thereof as prescribed from time to time by Landlord or the owner of such common area, including, without limitation, the right of Landlord to determine the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping Center, and including the right of Landlord or such owner to impose parking charges, whether by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenant, its agents or employees, use the common areas for the display or sale of merchandise. Without limiting the generality of the foregoing, Landlord may include in common areasCommon Areas.

Use of Common Areas. The term ~common area,' "Common Areas", as used in this Lease, shall mean mean, to the extent provided by the Airports Authority, all improved and unimproved public areas within the Airport including, without limitation: (i) the following areas within the regional retail development: parking structures, areas and facilities as determined by Landlord (collectively collectively, "parking facilities"), traffic control and traffic information signs and equipment, roadways, pedestrian sidewalks and walkwayssidewalks, pedestrian plazas, pedestrian passage areascurbs, driveways, a rail system, if any, public transportation loading and unloading facilitiesfacilities not devoted to a single contractor, truckways, loading dockstruck ways, delivery areas, landscaped areas, community roomsareas, office facilities, the enclosed Mallelevators, bermsescalators (both vertical and horizontal), elevators and escalators and stairs and roofs, skylights, beams, stairs, ramps and vertical transportation facilities not contained within the Premises or any other leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), passageways and other areas, amenities, facilities and improvements provided by Landlord, the Airports Authority; and (ii) those areas within the regional retail development Airport and areas adjacent to the regional retail development which Airport containing parking facilities, signs, pylons or structures advertising the Airport or such other areas as may be provided from time to time may be provided by the owners of such areas for the convenience and use of LandlordAirports Authority, the tenants contractors of the Shopping Center, the owners and occupants of the Department Store Sites, Airport and their respective concessionaires, agents, employees, customers, invitees and all other licensees and others entitled to the use thereof and (iii) any other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to timelicensees. The use and occupancy by Tenant Contractor of the leased premises Premises shall include the non-exclusive use of the common areas Common Areas within the Airport terminal buildings in common with Landlord Airports Authority and with all others for whose convenience and use the common areas Common Areas have been or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping CenterAirports Authority, subject, however, to such rules and regulations for the use thereof as may be prescribed from time to time by Landlord or the owner of such common areaAirports Authority, including, without limitation, the right of Landlord to determine the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping Center, and including the right of Landlord or such owner the Airports Authority to impose parking charges, whether by meter or otherwise, with respect and to any parking facilitiesdetermine the hours and mode of operation of the loading docks, freight elevators, elevators and escalators serving the Airport. In no event, however, shall TenantContractor, its agents or employees, use the common areas Common Areas for the display or sale of merchandise. Without limiting Common Areas do not include the generality gates, ramp areas and airfield areas of the foregoingAirport, Landlord any Airport operations facilities or areas, all of which are subject to the exclusive control of the Airports Authority and under no circumstances shall Contractor have any rights under this Lease or otherwise to use or occupy any gates, ramp areas and airfield areas of the Airport, Airport operations facilities or areas or any other areas within the Airport that are under the control of any airline (such as passenger gates and airline operation areas, for example) as such areas are designated from time to time by the Airports Authority. The Airports Authority shall have the right, but not the obligation, from time to time, to modify the Common Areas, remove portions of the Common Areas from common use, to permit entertainment events, advertising displays, educational displays and other displays in the Common Areas that in the Airports Authority's judgment tend to attract the public, to erect buildings or other improvements on the Common Areas, to lease retail merchandising units or mobile carts ("RMUs") and to establish, modify and enforce rules and regulations with respect to all Common Areas. Contractor shall not be entitled to any credit for income earned by Airports Authority with respect to the Common Areas. Contractor and its employees shall not park their cars or any other vehicles in the parking facilities except in the areas specifically designated for employee parking. There is no free parking at the Airport for Contractor or any of Contractor's employees, contractors or customers. All parking at the Airport is subject to the payment of parking fees set by the Airports Authority from time to time. Contractor and its employees, contractors or customers shall comply with the Airports Authority's rules and regulations with respect to parking as the same may include be amended or modified from time to time and will be subject to any enforcement action pursued by the Airports Authority's airport police without any notice thereof. Contractor shall indemnify, defend and hold harmless the Airports Authority and its employees, agents, contractors and representatives from and against any and all claims of the employee and/or owner of any vehicle so towed. The Airports Authority may at any time close any Common Area to make repairs or changes, to prevent the acquisition of public rights in common areassuch area or to discourage non-customer parking, to use areas for attendant or valet parking, and may do such other acts in and to the Common Areas as in its judgment may be desirable.

Use of Common Areas. Tenant and its business invitees, employees and customers shall have The term ~common area,' as used nonexclusive right, in this Lease, shall mean (i) the following areas within the regional retail development: parking areas and facilities as determined by Landlord (collectively "parking facilities"), roadways, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilitiescommon with Landlord, the enclosed Mallowners of other portions of the Project and all others to whom Landlord has granted or may hereafter grant rights, bermsto use the Common Areas for ingress, elevators egress and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and parking subject to such reasonable regulations as Landlord or such other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which person may from time to time may impose and the rights of Landlord set forth above. Landlord shall not revoke such non-exclusive right so long as Tenant is not in material default under the terms of this Lease. Tenant shall cause its employees and agents to park in any area designated by Landlord for employee parking. Tenant authorizes Landlord, upon at least one hour's prior notice to Tenant's store manager, to cause any car that fails to comply with such regulation to be provided by towed from the owners of such areas Common Areas and Tenant shall reimburse Landlord for the convenience cost thereof. Tenant shall abide by all such reasonable rules and regulations and use of Landlord, the tenants of the Shopping Center, the owners and occupants of the Department Store Sites, and their respective its best efforts to cause its concessionaires, agentsofficers, employees, customers, invitees and all other licensees and others entitled agents to the use thereof and (iii) any other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to timeabide thereby. The use and occupancy by Tenant of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience and use the common areas have been or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, however, to rules and regulations for the use thereof as prescribed from time to time by Landlord or the owner of such common area, including, without limitation, the right of Landlord to determine the hours and mode of operation any other portion of the elevatorsProject may, escalators at any time close temporarily any Common Areas to make repairs or changes, prevent the acquisition of public rights therein, discourage non-customer parking, or for other reasonable purposes. Tenant shall furnish Landlord license numbers and vertical transportation facilities serving descriptions of cars used by Tenant and its concessionaires, officers and employees. Tenant shall not interfere with Landlord's or other permitted users' rights to use any part of the Shopping CenterCommon Areas. All Common Areas which Tenant may be permitted to use are to be used under a revocable license, and including if any such license is revoked, or if the right amount of such area is diminished, Landlord or such owner to impose parking charges, whether by meter or otherwise, with respect shall not be subject to any parking facilities. In no eventliability, howevernor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall Tenant, its agents such revocation of diminution of such areas be deemed constructive or employees, use the common areas for the display or sale of merchandise. Without limiting the generality of the foregoing, Landlord may include in common areasactual eviction.

Use of Common Areas. The term ~common area,' as used in During the Term of this Lease, shall mean (i) the following areas within the regional retail development: parking areas Tenant and facilities as determined by Landlord (collectively "parking facilities")its permitted concessionaires, roadwaysofficers, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which from time to time may be provided by the owners of such areas for the convenience and use of Landlord, the tenants of the Shopping Center, the owners and occupants of the Department Store Sites, and their respective concessionairesemployees, agents, employeescustomers and invitees shall have the non-exclusive right, customers, invitees and all other licensees and others entitled to the use thereof and (iii) any other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy by Tenant of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience and use the common areas have been to whom Landlord has or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, howevergrant rights, to use the Common Areas as (defined in Section 3.1 above), subject to such reasonable rules and regulations for the use thereof as prescribed Landlord may from time to time impose. Tenant agrees after notice thereof to abide by such rules and regulations and to use its best efforts to cause its permitted concessionaires, officers, employees, agents, customers and invitees to conform thereto. Landlord may at any time close temporarily any Common Areas to make repairs or changes to same and grant to third persons the owner of such common area, including, without limitation, non-exclusive right to cross over and use the right of Landlord to determine the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping CenterCommon Areas along with Landlord, and including the right Landlord shall not be subject to liability therefore nor shall any such action be deemed an actual or constructive eviction of Landlord or such owner to impose parking charges, whether by meter or otherwise, with respect to any parking facilitiesTenant. In no event, however, shall Tenant, its agents or employees, use the common areas for the display or sale of merchandise. Without limiting the generality of the foregoingFurther, Landlord may include do such other acts in common areasand to the Common Areas as in its reasonable judgment may be desirable to improve the convenience thereof. Neither Tenant nor Tenant’s employees, concessionaires, officers or agents may solicit business in the Common Areas, including but not limited to the distribution of handbills or other advertising matter and placing any such handbills or advertising matter in or on any vehicles parked at the Premises without Landlord’s prior written consent. Tenant shall at no time unreasonably interfere with the rights of Landlord and others to use and enjoy any part of the Common Areas.

Use of Common Areas. The During the term ~common area,' as used in of this LeaseLease only, shall mean (i) the following areas within the regional retail development: parking areas Tenant and facilities as determined by Landlord (collectively "parking facilities")its permitted concessionaires, roadwaysofficers, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which from time to time may be provided by the owners of such areas for the convenience and use of Landlord, the tenants of the Shopping Center, the owners and occupants of the Department Store Sites, and their respective concessionairesemployees, agents, employeescustomers and invitees shall hav the non-exclusive right, customers, invitees and all other licensees and others entitled to the use thereof and (iii) any other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy by Tenant of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience and use the common areas have been to whom Landlord has or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, howevergrant rights, to rules and regulations for use the use thereof Common Areas as prescribed designated from time to time by Landlord, subject to such reasonable rules and regulations as Landlord or the owner of such common areamay from time to time impose in a uniform and non-discriminatory basis, including, without limitationthe designation of specific areas in which vehicles owned by Tenant, its concessionaires, officers, employees and agents must be parked, provided such designated parking areas are located in reasonably proximity to the right Premises. If Landlord shall designate such parking areas, and if any vehicle of Tenant or permitted concessionaire, officer, employee or agent of Tenant is parked in any other portion of the Center, Tenant shall pay to Landlord upon demand the sum of Ten Dollars ($10.00) for each such vehicle for each day, or part thereof, such vehicle is so parked, and Tenant hereby authorizes Landlord to determine tow or cause any such vehicle to be towed from the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping Center, and including agrees to reimburse Landlord for the right cost thereof upon demand, and to otherwise indemnify and hold Landlord harmless with respect thereto. Tenant agrees after notice thereof to abide by such rules and regulations and to use its best efforts to cause Tenant’s permitted concessionaires, officers, employees, agents, customers and invitees to conform thereto. Tenant shall, upon request, furnish to Landlord the license numbers of the vehicles operated by Tenant and its concessionaires, officers, employees and agents. Landlord may at any time close temporarily any Common Area to make repairs or changes, to prevent the acquisition of public rights in such areas and to discourage non-customer parking, and Landlord shall not be subject to liability therefor nor shall any action be deemed an actual or constructive eviction of Tenant. Landlord may do such other acts in and to the Common areas as in its judgment may be desirable to improve the convenience thereof. Tenant shall not at any time interfere with the rights of Landlord or such owner to impose parking charges, whether by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenantand other Tenants, its agents or and their concessionaires, officers, employees, agents, customers, and invitees, to use the common areas for the display or sale of merchandise. Without limiting the generality any part of the foregoingparking areas and other Common Areas. Neither Tenant nor Tenant’s employees, Landlord concessionaires, officers or agents may include solicit business in common areasthe parking lot or other Common Areas or distribute any handbills or other advertising matter in such areas or place any handbills or advertising matter in or on any vehicles parked therein without Landlord’s prior written consent.

Use of Common Areas. The During the term ~common area,' as used in of this LeaseLease only, shall mean (i) the following areas within the regional retail development: parking areas Tenant and facilities as determined by Landlord (collectively "parking facilities")its officers, roadways, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which from time to time may be provided by the owners of such areas for the convenience and use of Landlord, the tenants of the Shopping Center, the owners and occupants of the Department Store Sites, and their respective concessionairesemployees, agents, employees, customers, contractors, subtenants, licensees, concessionaires and invitees and all other licensees and others entitled to shall have the use thereof and (iii) any other facilities or areasnon-exclusive right, whether within or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy by Tenant of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience and use the common areas have been to whom Landlord has or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, howevergrant rights, to rules and regulations for use the use thereof Common Areas as prescribed designated from time to time by Landlord, subject to such reasonable rules and regulations as Landlord or the owner of such common areamay from time to time impose, including, without limitation, the right of Landlord to determine the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping Center, and including the right designation of Landlord or such owner to impose parking charges, whether specific areas in which cars owned by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenant, its agents or permitted officers, employees, use agents, customers, contractors, subtenants, licensees, concessionaires and invitees must be parked. If Landlord shall designate such parking areas and if any car of Tenant or the common areas foregoing related parties is parked in any other portion of the Property, Tenant hereby authorizes Landlord to tow or cause any such car to be towed from the Property, and agrees to reimburse Landlord for the display cost thereof upon demand, and to otherwise indemnify and hold Landlord harmless with respect thereto. Tenant agrees after notice thereof to abide by such rules and regulations and to use its best efforts to cause its permitted officers, employees, agents, customers, contractors, subtenants, licensees, concessionaires and invitees to conform thereto. Landlord may at any time close temporarily any Common Area to make repairs or sale changes, to prevent the acquisition of merchandisepublic rights in such areas and to discourage parking that does not conform hereto, and Landlord shall not be subject to liability therefore nor shall any such action be deemed an actual or constructive eviction of Tenant. Without limiting Landlord may do such other acts in and to the generality Common Areas as in its judgment may he desirable to improve the convenience thereof, subject to the provisions of this Section 4.2. Tenant shall not at any time interfere with the rights of Landlord and other tenants of the foregoingProperty, its and their officers, employees, agents, customers, contractors, subtenants, licensees, concessionaires and invitees, to use any part of the parking areas and other Common Areas. Neither Tenant nor Tenant's officers, employees, agents, customers, contractors, subtenants, licensees, concessionaires or invitees may solicit business in the parking or other Common Areas or distribute any handbills or other advertising matter in such areas or place any such handbills or advertising matter in or on any automobiles parked therein without Landlord's prior written consent. Landlord may include reserves the right to grant to third persons the non-exclusive right to cross over and use in common areaswith Landlord and all tenants of the Property the Common Areas as designated from time to time by Landlord.

Use of Common Areas. The term ~common area,' as used in this LeaseDuring the Lease Term only, shall mean (i) the following areas within the regional retail development: parking areas Tenant and facilities as determined by Landlord (collectively "parking facilities")its permitted concessionaires, roadwaysofficers, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilities, the enclosed Mall, berms, elevators and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by Landlord, (ii) those areas within the regional retail development and areas adjacent to the regional retail development which from time to time may be provided by the owners of such areas for the convenience and use of Landlord, the tenants of the Shopping Center, the owners and occupants of the Department Store Sites, and their respective concessionairesemployees, agents, employeescustomers and invitees shall have the non-exclusive right, customers, invitees and all other licensees and others entitled to the use thereof and (iii) any other facilities or areas, whether within or outside the regional retail development, as may be designated by Landlord from time to time. The use and occupancy by Tenant of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience and use the common areas have been to whom Landlord has or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, howevergrant rights, to rules and regulations for use the use thereof Common Areas as prescribed designated from time to time by Landlord, subject to such reasonable rules and regulations as Landlord or the owner of such common areamay from time to time impose, including, without limitation, the right of Landlord to determine the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping Center, and including the right designation of Landlord or such owner to impose parking charges, whether specific areas in which vehicles owned by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenant, its concessionaires, officers, employees and agents must be parked. Landlord may at any time close temporarily any common area to make repairs or changes, and Landlord shall not be subject to liability therefor nor shall any such action be deemed an actual or constructive eviction of Tenant. Tenant shall not at any time interfere with the rights of Landlord and other Tenants, its and their concessionaires, officers, employees, agents, customers, and invitees, to use the common areas for the display or sale of merchandise. Without limiting the generality any part of the foregoingparking areas and other Common Areas. Neither Tenant nor Tenant's employees, concessionaires, officers or agents may solicit business in the parking or other Common Areas, or distribute any handbills or other advertising matter in such areas or place any such handbills or advertising matter in or on any vehicles parked therein without Landlord's prior written consent. Landlord may include reserves the right to grant to third persons the non-exclusive right to cross over and use in common areaswith Landlord and all Tenants of the Property the Common Areas as designated from time to time by Landlord. Intentionally Omitted Intentionally Omitted

Use of Common Areas. The term ~common area,' as used Tenant and its business invitees, employees and customers shall have the nonexclusive right, in this Lease, shall mean (i) the following areas within the regional retail development: parking areas and facilities as determined by Landlord (collectively "parking facilities"), roadways, pedestrian sidewalks and walkways, pedestrian plazas, pedestrian passage areas, driveways, public transportation loading and unloading facilities, truckways, loading docks, delivery areas, landscaped areas, community rooms, office facilitiescommon with Landlord, the enclosed MallGround Lessor, berms, elevators the owner of the Hotel Parcel and escalators and stairs and ramps and vertical transportation facilities not contained within any leased premises, public restrooms and comfort stations, service areas, service and fire and exit corridors, passageways, retention ponds (if applicable), and other areas, amenities, facilities and improvements provided by all others to whom Landlord, (ii) those areas within the regional retail development Ground Lessor or any other party under the REA which is entitled to grant such rights has granted or may hereafter grant rights, to use the Common Areas for ingress, egress and areas adjacent parking subject to the regional retail development which such reasonable regulations as Landlord or such other person may from time to time may impose and the rights of Landlord set forth above. Tenant and Tenant's customers shall also have a non-exclusive right to walk through the Hotel in order to gain ingress to and egress from the Shopping Complex. Pedestrian access between the Shopping Complex and the Hotel shall be provided solely through that connecting point so designated on Exhibit "B-1" hereto. Tenant shall pay Landlord, upon demand, $10.00 for each day on which a car of Tenant, a concessionaire, employee or agent of Tenant is parked outside any area designated by Landlord for employee parking. Tenant authorizes Landlord to cause any such car to be towed from the owners of such areas Common Areas and Tenant shall reimburse Landlord for the convenience and use of Landlord, the tenants of the Shopping Center, the owners and occupants of the Department Store Sitescost thereof upon demand, and their respective otherwise indemnify and hold Landlord harmless with respect thereto. Tenant shall abide by all reasonable rules and regulations and cause its concessionaires, officers, employees, agents, employees, customers, customers and invitees and all other licensees and others entitled to abide thereby. Landlord or the use thereof and Owner of the Hotel Parcel may at any time close temporarily (iii) any other facilities or areas, whether within or outside the regional retail development, for only so long a period of time as may be designated by absolutely necessary) any Common Areas to make repairs or changes, prevent the acquisition of public rights therein, discourage noncustomer parking, or for other reasonable purposes. Tenant shall furnish Landlord from time to time. The use license numbers and occupancy descriptions of cars used by Tenant and its concessionaires, officers and employees. Tenant shall not interfere with Landlord's or other permitted users' rights to use any part of the leased premises shall include the use of the common areas in common with Landlord and with all others for whose convenience and use the common areas have been or may hereafter be provided by Landlord or by the owners of common areas not within the Shopping Center, subject, however, to rules and regulations for the use thereof as prescribed from time to time by Landlord or the owner of such common area, including, without limitation, the right of Landlord to determine the hours and mode of operation of the elevators, escalators and vertical transportation facilities serving the Shopping Center, and including the right of Landlord or such owner to impose parking charges, whether by meter or otherwise, with respect to any parking facilities. In no event, however, shall Tenant, its agents or employees, use the common areas for the display or sale of merchandise. Without limiting the generality of the foregoing, Landlord may include in common areasCommon Areas.