Common use of Use of Common Areas Clause in Contracts

Use of Common Areas. During the term of this Lease only, Tenant and its permitted concessionaires, officers, employees, agents, customers and invitees shall hav the non-exclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use the Common Areas as designated from time to time by Landlord, subject to such reasonable rules and regulations as Landlord may from time to time impose in a uniform and non-discriminatory basis, including, the 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 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 tow or cause any such vehicle to be towed from the Center, and agrees to reimburse Landlord for the 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 and other Tenants, its and their concessionaires, officers, employees, agents, customers, and invitees, to use any part of the parking areas and other Common Areas. Neither Tenant nor Tenant’s employees, concessionaires, officers or agents may solicit business in the 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. During the term of this Lease only, Tenant and its permitted concessionairesbusiness invitees, officers, employees, agents, employees and customers and invitees shall hav have the non-exclusive right, nonexclusive right in common with Landlord and all others to whom Landlord has granted or may any hereafter grant rights, to use the Common Areas as designated from time to time by Landlord, subject to such reasonable rules and regulations as Landlord may from time to time impose in a uniform and non-discriminatory basisthe rights of Landlord set forth above. Tenant shall pay Landlord, includingupon demand, the designation $10.00 for each car or other vehicle for each day on which such car or other vehicle 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 Premises. If Landlord shall designate such parking areas, and if any vehicle of Tenant or permitted a concessionaire, officer, employee or agent of Tenant is parked in outside any other portion of the Center, areas designated by Landlord for employee parking. 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 tow or cause any such vehicle car to be towed from the Center, Center and agrees to Tenant shall reimburse Landlord for the cost thereof upon demand, and to otherwise indemnify and hold Landlord harmless with respect thereto. Tenant agrees after notice thereof to shall abide by such all rules and regulations and to use cause 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 agentsabide thereby. Landlord may at any time close temporarily any Common Area Areas to make repairs or changes, to prevent the acquisition of public rights in such areas and to therein, discourage non-customer noncustomer parking, or for other reasonable purposes. Tenant shall furnish Landlord license numbers and Landlord shall not be subject to liability therefor nor shall any action be deemed an actual or constructive eviction descriptions of Tenant. Landlord may do such other acts in cars used by Tenant and to the Common areas as in its judgment may be desirable to improve the convenience thereofconcessionaires, officers and employees. Tenant shall not at any time interfere with the Landlord's or other tenants' rights of Landlord and other Tenants, its and their concessionaires, officers, employees, agents, customers, and invitees, to use any part of the parking areas and other Common Areas. Neither Tenant nor Tenant’s employees, concessionaires, officers or agents may solicit business in the 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. During the term of this Lease only, Tenant and its permitted concessionaires, officers, employees, agents, customers customers, contractors, subtenants, licensees, concessionaires and invitees shall hav have the non-exclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use the Common Areas as designated from time to time by Landlord, subject to such reasonable rules and regulations as Landlord may from time to time impose in a uniform and non-discriminatory basisimpose, including, including the designation of specific areas in which vehicles cars owned by Tenant, its concessionaires, permitted officers, employees employees, agents, customers, contractors, subtenants, licensees, concessionaires and agents invitees must be parked, provided such designated parking areas are located in reasonably proximity to the Premises. If Landlord shall designate such parking areas, areas and if any vehicle car of Tenant or permitted concessionaire, officer, employee or agent of Tenant the foregoing related parties is parked in any other portion of the CenterProperty, 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 tow or cause any such vehicle car to be towed from the CenterProperty, and agrees to reimburse Landlord for the 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 its permitted concessionaires, officers, employees, agents, customers customers, contractors, subtenants, licensees, concessionaires 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 parkingparking that does not conform hereto, and Landlord shall not be subject to liability therefor therefore nor shall any such action be deemed an actual or constructive eviction of Tenant. Landlord may do such other acts in and to the Common areas Areas as in its judgment may be 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 Tenantstenants of the Property, its and their concessionaires, 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 's officers, employees, concessionairesagents, officers customers, contractors, subtenants, licensees, concessionaires or agents invitees may solicit business in the parking lot 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 automobiles parked therein without Landlord’s 's prior written consent. Landlord reserves the right to grant to third persons the non-exclusive right to cross over and use in common with Landlord and all tenants of the Property the Common Areas as designated from time to time by Landlord.

Use of Common Areas. During the term of this Lease Term only, Tenant and its permitted concessionaires, officers, employees, agents, customers and invitees shall hav have the non-exclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use the Common Areas as designated from time to time by Landlord, subject to such reasonable rules and regulations as Landlord may from time to time impose in a uniform and non-discriminatory basisimpose, including, including the 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 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 tow or cause any such vehicle to be towed from the Center, and agrees to reimburse Landlord for the 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 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 such 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 and other Tenants, its and their concessionaires, officers, employees, agents, customers, and invitees, to use any part of the parking areas and other Common Areas. Neither Tenant nor Tenant’s 's employees, concessionaires, officers or agents may solicit business in the parking lot or other Common Areas 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 's prior written consent.. Landlord reserves the right to grant to third persons the non-exclusive right to cross over and use in common with 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. During the term of this Lease only, Tenant and its permitted concessionaires, officers, employees, contractors, agents, customers and invitees (collectively, “Invitees”) shall hav have the non-exclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, other tenants and their Invitees to use the Common Areas as designated from time to time by LandlordAreas, subject to such reasonable and uniformly enforced rules and regulations consistent with the provisions of this Lease as Landlord may from time impose. Landlord may, but shall not be obligated, to time impose in a uniform and non-discriminatory basis, including, the designation of designate specific areas in the parking areas of the Business Park in which vehicles cars owned by Tenant, its concessionaires, officers, employees and agents must be parked, provided such designated parking areas are located in reasonably proximity to the Premises. If Landlord shall designate such prohibit delivery trucks serving other tenants from parking areas, and if any vehicle of Tenant or permitted concessionaire, officer, employee or agent of Tenant is parked in any other portion front of the Center, Leased Premises and 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 tow or cause any such vehicle to be towed from the Center, and agrees to reimburse Landlord for the 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 require that all deliveries to conform thereto. Tenant shall, upon request, furnish to Landlord the license numbers of the vehicles operated by Tenant and Leased Premises be made only through its concessionaires, officers, employees and agentsrear 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 areas and area or 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 Areas as in its judgment may be desirable to improve its convenience, but Landlord may not impose any parking charge. Notwithstanding anything to the convenience thereof. Tenant contrary contained in this Lease, in exercising its rights under this Section, including, without limitation, making changes to the Common Areas, Landlord shall not at any time materially obstruct access to the Premises, shall not unreasonably interfere with Tenant’s business, nor materially reduce Tenant’s rights under this Lease. All rules and regulations (and any amendment thereof) for the rights of Landlord use and other Tenants, its and their concessionaires, officers, employees, agents, customers, and invitees, to use any part operation of the parking areas Common Areas shall be effective upon delivery of a copy to Tenant and other Common Areas. Neither Tenant nor shall not materially reduce Tenant’s employees, concessionaires, officers or agents may solicit business in rights under the 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 consentLease.

Use of Common Areas. During the term of this Lease only, Tenant and its permitted concessionaires, officers, employees, agents, customers and invitees shall hav have the non-exclusive right, right in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use the Common Areas as designated from time to time by Landlord, subject to such reasonable rules and regulations as Landlord may from time to time impose impose, as more particularly described in a uniform and non-discriminatory basis, including, the 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 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 tow or cause any such vehicle to be towed from the Center, and agrees to reimburse Landlord for the cost thereof upon demand, and to otherwise indemnify and hold Landlord harmless with respect theretoSection 5.1. Tenant agrees after notice thereof to abide by such rules and regulations and to use its best efforts to cause Tenant’s permitted its 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 area or 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 Areas as in its judgment may be desirable to improve the convenience thereof. Landlord may designate specific areas in which automobiles owned by Tenant, its concessionaires, officers, employees and agents 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 Tenantstenants, its and their concessionaires, officers, employees, agents, customers, customers and invitees, to use any part of the parking areas and other Common Areas. Neither Tenant nor and Tenant’s employees, concessionaires, officers officers, employees or agents may shall not solicit business in the parking lot or other Common Areas or Areas; shall not distribute any flyers, pamphlets, brochures, handbills or other advertising matter in such areas the parking or other Common Areas; and shall not place any flyers, pamphlets, brochures, handbills or other advertising matter in or on any vehicles automobiles parked therein without Landlord’s prior written consent. Landlord reserves the right to grant to third persons the non-exclusive right to cross over and use in common with Landlord and all tenants of the Shopping Center the Common Areas as designated from time to time by Landlord.

Use of Common Areas. During the term of this Lease only, Tenant and its permitted concessionaires, officers, employees, agents, customers and invitees shall hav have the non-exclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use the Common Areas common areas as designated from time to time by Landlord, Landlord subject to such reasonable rules and regulations as Landlord may my from time to time impose in a uniform and non-discriminatory basisimpose, including, including the designation of specific areas in which vehicles cars owned by Tenant, its concessionaires, officers, employees and agents must be parked. There are currently a total of 197 parking spaces on the property. As long as Promedica is the other tenant, provided such designated their parking areas are located space allocation per their current lease will remain @ 40 spaces. eAUTO will be allocated 157 parking spaces. eAUTO agrees that at anytime in reasonably proximity to the Premises. If Landlord shall designate such parking areas, and future 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 tow or cause any such vehicle to be towed from the Center, and agrees to reimburse Landlord Lessor enters into a lease agreement with a new tenant for the cost thereof upon demand32,000 SF space currently occupied by Promedica, and that eAUTO will accept a reduction to otherwise indemnify and hold Landlord harmless with respect thereto133 parking spaces. Tenant agrees after notice thereof to abide by such rules and regulations and to use its best efforts to cause Tenant’s permitted its 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 common area to make repairs or changes, to prevent the acquisition of public rights in such areas and or 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 common areas as in its judgment may be desirable to improve the convenience thereofthereof provided that Landlord shall not unduly interfere or disrupt Tenant's business. Tenant shall not at any time interfere with upon request furnish the rights Landlord the license numbers of Landlord the cars operated by Tenant and other Tenants, its and their concessionaires, officers, employees, agents, customers, customers and invitees, to use any part of the parking areas area and other Common Areascommon areas. Neither Tenant nor Tenant’s 's employees, concessionaires, officers concessionaires or agents may shall solicit business in the parking lot or other Common Areas common area or distribute any handbills or other advertising matter in such areas or place any such handbills or advertising matter in or on any vehicles automobiles parked therein without Landlord’s prior 's written consent. Landlord reserves the right to grant to third persons the non-exclusive right to cross over and use in common with Landlord and all tenants of the property the common areas designated from time to time by Landlord.

Use of Common Areas. During the term of this Lease only, Tenant and its permitted concessionairesTenant’s business invitees, officers, employees, agents, employees and customers and invitees shall hav have the non-exclusive right, in common with Landlord Landlord, and all others to whom Landlord has granted or may hereafter grant rights, to use the Common Areas as designated from time to time by Landlordfor ingress, egress and parking subject to such reasonable rules and regulations as Landlord or such other person may from time to time impose in a uniform and non-discriminatory basis, including, the designation rights of specific areas in which vehicles owned by Landlord set forth above. Tenant and Tenant, its concessionaires, officers’s business invitees, employees and agents must be parked, provided such designated parking areas are located customers shall also have a non-exclusive right to walk through the Hotel Complex in reasonably proximity order to gain ingress to and egress from the Premises. If Landlord Tenant shall designate such parking areaspay Landlord, and if any vehicle upon demand, Twenty Dollars ($20.00) for each day on which a car of Tenant or permitted Tenant, a concessionaire, officer, employee or agent of Tenant is parked in outside any other portion of the Center, area designated by Landlord for employee parking. 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 tow or cause any such vehicle car to be fitted with a “boot” device or towed from the Center, such undesignated area and agrees to Tenant shall reimburse Landlord for the cost thereof upon demand, and to otherwise indemnify and hold Landlord harmless with respect thereto. Tenant agrees after notice thereof to shall abide by such all rules and regulations promulgated by Landlord regarding the Premises and communicated in writing to Tenant, and use its best commercially reasonable 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 agentsabide thereby. Landlord may at any time close temporarily any Common Area Areas to make repairs or changes, to prevent the acquisition of public rights in such areas and to therein, discourage non-customer parking, or for other reasonable purposes, and Landlord shall not be subject in all such cases (except in the event of an emergency) attempt to liability therefor nor provide Tenant with prior notice of each such closure. If requested by Landlord, Tenant shall any action be deemed an actual or constructive eviction furnish Landlord license numbers and descriptions of cars used by Tenant and Tenant. Landlord may do such other acts in ’s concessionaires, officers and to the Common areas as in its judgment may be desirable to improve the convenience thereofemployees. Tenant shall not at any time interfere with the Landlord’s or other permitted users’ rights of Landlord and other Tenants, its and their concessionaires, officers, employees, agents, customers, and invitees, to use any part of the parking areas and other Common Areas. Neither Tenant nor Tenant’s employees, concessionaires, officers or agents may solicit business in the 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. During Landlord agrees to cause to be operated, managed and maintained during the term Term of this Lease onlyall of the 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 and its permitted concessionaires, officers, employees, agents, customers and invitees of the Leased Premises shall hav include the non-exclusive rightuse, in common with Landlord and all others to whom Landlord has granted or may hereafter grant rights, rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the Common Areas and of such other facilities as may be designated by Landlord from time to time; 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 for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord, subject to such reasonable rules and regulations as Landlord may from time to time impose 's request. In the event any vehicle is parked by an employee of Tenant in a uniform and non-discriminatory basisemployee parking area, including, the 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 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 have the Center, Tenant shall pay right to Landlord upon demand cause 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 tow or cause any such vehicle to be towed from the Centerto a location designated by Landlord, and agrees Tenant shall be obligated to reimburse Landlord for the cost thereof upon demand, and to otherwise indemnify and hold Landlord harmless with respect theretoall towing charges. Tenant further agrees after notice thereof to abide by such rules hold harmless Landlord and regulations defend Landlord, its agents and to use its best efforts to cause Tenant’s permitted concessionaires, officers, employees, agents, customers employees against any and invitees to conform thereto. Tenant shall, upon request, furnish to Landlord the license numbers all claims of the vehicles operated by Tenant and its concessionaires, officers, employees and agentsemployee and/or owner of the vehicle towed. Landlord may at any time close temporarily any portion of the Common Area Areas to make repairs or changes, to prevent the acquisition of public rights in such areas the Common Areas and to discourage non-customer parkinguse, provided the same shall not materially adversely affect access to or visibility of the Leased Premises. In addition, Landlord may 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 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 Areas as in its judgment may be desirable to improve the convenience or attraction thereof. Tenant , provided the same shall not at any time interfere with the rights of Landlord and other Tenants, its and their concessionaires, officers, employees, agents, customers, and invitees, materially adversely affect access to use any part or visibility of the parking areas and other Common Areas. Neither Tenant nor Tenant’s employees, concessionaires, officers or agents may solicit business in the 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 consentLeased Premises.

Use of Common Areas. During a) Landlord may at any time establish or change the term nature, use, size, or composition of this Lease onlythe Common Areas. Such actions may include, but not be limited, to the following: (i) the creation and relocation of driveways, gate, pedestrian and ramp entrances, exits, and parking spaces; (ii) 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 permitted concessionaires, officers, employees, agents, customers employees and invitees shall hav the non-exclusive rightare, in common with Landlord and all others to whom Landlord has or may hereafter grant rightsexcept as otherwise specifically prohibited by this Agreement, authorized to use the Common Areas as designated from time to time by Landlord, subject to such reasonable rules and regulations as Landlord may from time to time impose in a uniform and non-discriminatory basis, including, common with other persons during the designation term 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 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 ($10.00this Agreement. d) for each such vehicle for each day, or part thereof, such vehicle is so parked, and Tenant hereby authorizes Landlord to tow or cause any such vehicle to be towed from the Center, and agrees to reimburse Landlord for the 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 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 Santa Xxxxxx Airport not designated by Landlord for such use by Tenant and 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 other Tenants, its and their concessionaires, officers, employees, agents, customersLandlord, and invitees, equal to other tenants of the Santa Xxxxxx Airport to use any part and benefit from such areas. By way of this Agreement, Tenant agrees that it has a duty: (i) to the parking areas and other Common Areas. Neither Tenant nor Tenant’s employeesextent reasonably within its control, concessionaires, officers or agents may solicit business in the parking lot or other keep all Common Areas adjacent to the Premises free and clear of any obstructions or distribute any handbills nuisances whether created or other advertising matter in such areas permitted by Tenant or place any handbills or advertising matter in or on any vehicles parked therein without Landlord’s prior written consent.its operations;

Use of Common Areas. During The term "Common Areas", as used in this Lease, shall mean, to the term extent provided by the Airports Authority, all improved and unimproved public areas within the Airport including, without limitation: (i) parking structures, areas and facilities (collectively, "parking facilities"), traffic control and traffic information signs and equipment, roadways, pedestrian sidewalks, curbs, driveways, a rail system, if any, public transportation loading and unloading facilities not devoted to a single contractor, truck ways, delivery areas, landscaped areas, community areas, office facilities, elevators, escalators (both vertical and horizontal), roofs, skylights, beams, stairs, ramps not contained within the Premises or any other leased premises, public restrooms and comfort stations, service areas, service and fire exit corridors, passageways and other areas, amenities, facilities and improvements provided by the Airports Authority; and (ii) those areas within the Airport and areas adjacent to the Airport containing parking facilities, signs, pylons or structures advertising the Airport or such other areas as may be provided from time to time for the convenience and use of this Lease onlyAirports Authority, Tenant contractors of the Airport and its permitted their respective concessionaires, officersagents, employees, agentscustomers, customers invitees and invitees any other licensees. The use and occupancy by Contractor of the Premises shall hav include the non-exclusive right, use of the Common Areas within the Airport terminal buildings in common with Landlord Airports Authority and with all others to whom Landlord has or may hereafter grant rights, to for whose convenience and use the Common Areas have been or may hereafter be provided by the Airports Authority, subject, however, to such rules and regulations for the use thereof as may be prescribed from time to time by the Airports Authority, including the right of the Airports Authority to impose parking charges, whether by meter or otherwise, and to determine the hours and mode of operation of the loading docks, freight elevators, elevators and escalators serving the Airport. In no event, however, shall Contractor, its agents or employees, use the Common Areas for the display or sale of merchandise. Common Areas do not include the gates, ramp areas and airfield areas of the Airport, 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 Landlordthe Airports Authority. The Airports Authority shall have the right, subject but not the obligation, from time to such reasonable 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 Landlord the same may be amended or modified from time to time impose in a uniform and non-discriminatory basiswill be subject to any enforcement action pursued by the Airports Authority's airport police without any notice thereof. Contractor shall indemnify, including, the 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 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 tow or cause any such vehicle to be towed from the Center, and agrees to reimburse Landlord for the cost thereof upon demand, and to otherwise indemnify defend and hold Landlord harmless with respect thereto. Tenant agrees after notice thereof to abide by such rules the Airports Authority and regulations and to use its best efforts to cause Tenant’s permitted concessionaires, officers, employees, agents, customers contractors and invitees to conform thereto. Tenant shall, upon request, furnish to Landlord the license numbers representatives from and against any and all claims of the vehicles operated by Tenant and its concessionaires, officers, employees and agentsemployee and/or owner of any vehicle so towed. Landlord The Airports Authority 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 area or to discourage non-customer parking, to use areas for attendant or valet 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 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 concessionaires, officers, employees, agents, customers, and invitees, to use any part of the parking areas and other Common Areas. Neither Tenant nor Tenant’s employees, concessionaires, officers or agents may solicit business in the 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 consentdesirable.

Use of Common Areas. During The term ~common area,' as used in this Lease, shall mean (i) the term 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 this Lease onlysuch areas for the convenience and use of Landlord, Tenant the tenants of the Shopping Center, the owners and its permitted occupants of the Department Store Sites, and their respective concessionaires, officersagents, employees, agentscustomers, customers invitees and invitees 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 hav include the non-exclusive right, use of the common areas in common with Landlord and with all others to whom Landlord has for whose convenience and use the common areas have been or may hereafter grant rightsbe provided by Landlord or by the owners of common areas not within the Shopping Center, subject, however, to rules and regulations for the use the Common Areas thereof as designated prescribed from time to time by Landlord, subject to Landlord or the owner of such reasonable rules and regulations as Landlord may from time to time impose in a uniform and non-discriminatory basiscommon area, including, without limitation, the designation right of specific areas in which vehicles owned 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 concessionairesagents or employees, officers, employees and agents must be parked, provided such designated parking use the common areas are located in reasonably proximity to for the Premisesdisplay or sale of merchandise. 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 Without limiting the generality of the Centerforegoing, 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 tow or cause any such vehicle to be towed from the Center, and agrees to reimburse Landlord for the 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 include 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 and other Tenants, its and their concessionaires, officers, employees, agents, customers, and invitees, to use any part of the parking areas and other Common Areas. Neither Tenant nor Tenant’s employees, concessionaires, officers or agents may solicit business in the 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.common areas

Use of Common Areas. During the term Term of this Lease onlyLease, Tenant and its permitted concessionaires, officers, employees, agents, customers and invitees shall hav have the non-exclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use the Common Areas as designated from time to time by Landlord(defined in Section 3.1 above), subject to such reasonable rules and regulations as Landlord may from time to time impose in a uniform and non-discriminatory basis, including, the 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 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 tow or cause any such vehicle to be towed from the Center, and agrees to reimburse Landlord for the cost thereof upon demand, and to otherwise indemnify and hold Landlord harmless with respect theretoimpose. Tenant agrees after notice thereof to abide by such rules and regulations and to use its best efforts to cause Tenant’s its 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 Areas to make repairs or changes, changes to prevent same and grant to third persons the acquisition of public rights in such areas and to discourage non-customer parkingexclusive right to cross over and use the Common Areas along with Landlord, and Landlord shall not be subject to liability therefor therefore nor shall any such action be deemed an actual or constructive eviction of Tenant. Further, Landlord may do such other acts in and to the Common areas Areas as in its reasonable 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 concessionaires, officers, employees, agents, customers, and invitees, to use any part of the parking areas and other Common Areas. Neither Tenant nor Tenant’s employees, concessionaires, officers or agents may solicit business in the parking lot or other Common Areas or distribute any Areas, including but not limited to the distribution of handbills or other advertising matter in and placing any such areas or place any handbills or advertising matter in or on any vehicles parked therein 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. During the term of this Lease only, Tenant and its permitted concessionaires, officers, employees, agents, customers and invitees shall hav have the non-exclusive nonexclusive right, in common with Landlord and all others to whom Landlord has or may hereafter grant rights, to use the Common Areas as designated from time to time by Landlord, subject to such reasonable rules and regulations as Landlord may from time to time impose in a uniform impose, including the designation of the days and non-discriminatory basis, including, the hours of operation and use and designation of specific areas in which motor vehicles owned or used by Tenant, its concessionaires, officers, employees employees, and agents must be parked. Tenant shall, provided such designated parking areas are located in reasonably proximity upon request, furnish to Landlord the Premiseslicense numbers and descriptions of the motor vehicles operated by Tenant and its officers, agents and employees. If Landlord shall designate designates such parking areas, and if any motor vehicle of Tenant Tenant, or permitted concessionaire, an officer, employee or agent of Tenant is parked in any other portion of the Shopping Center, Tenant shall pay to Landlord Landlord, upon demand demand, the sum of Ten Fifty and 00/100 Dollars ($10.0050.00) for each such motor vehicle for each day, or part thereof, such motor vehicle is so parked, and Tenant hereby authorizes Landlord to tow or cause any such vehicle car to be towed from to the Centerthen designated parking area, and Tenant hereby agrees to reimburse Landlord for the 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, its 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 the Common Areas or any Common Area portion thereof to make repairs or changes, changes to prevent the acquisition of public rights in such areas and therein, or to discourage non-customer noncustomer 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 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 Tenantstenants, its and their concessionaires, permitted officers, employees, agents, customers, and invitees, to use any part of the parking areas and other Common Areas. Neither Tenant nor Tenant’s employees, concessionaires, officers or agents may solicit business in Landlord shall have the parking lot or other sole and exclusive right to use the Common Areas or distribute any handbills or for advertising purposes, promotions, exhibits, shows, displays, kiosks and such 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 consentsimilar uses.

Use of Common Areas. During the term of this Lease only, Tenant and its permitted concessionairesbusiness invitees, officers, employees, agents, employees and customers and invitees shall hav have the non-exclusive nonexclusive right, in common with Landlord Landlord, the Ground Lessor, the owner of the Hotel Parcel and all others to whom Landlord Landlord, the 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 as designated from time to time by Landlordfor ingress, egress and parking subject to such reasonable rules and regulations as Landlord or such other person may from time to time impose in and the rights of Landlord set forth above. Tenant and Tenant's customers shall also have a uniform and non-discriminatory basisexclusive 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 solely through that connecting point so designated on Exhibit "B-1" hereto. Tenant shall pay Landlord, includingupon demand, the designation $10.00 for each day on which a car 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 Premises. If Landlord shall designate such parking areas, and if any vehicle of Tenant or permitted a concessionaire, officer, employee or agent of Tenant is parked in outside any other portion of the Center, area designated by Landlord for employee parking. 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 tow or cause any such vehicle car to be towed from the Center, Common Areas and agrees to Tenant shall reimburse Landlord for the cost thereof upon demand, and to otherwise indemnify and hold Landlord harmless with respect thereto. Tenant agrees after notice thereof to shall abide by such all reasonable rules and regulations and to use cause its best efforts to cause Tenant’s permitted concessionaires, officers, employees, agents, customers and invitees to conform theretoabide thereby. Landlord or the Owner of the Hotel Parcel may at any time close temporarily (for only so long a period of time as may be 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, upon request, shall furnish to Landlord the license numbers and descriptions of the vehicles operated cars used by Tenant and its concessionaires, officers, employees officers 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 thereofemployees. Tenant shall not at any time interfere with the Landlord's or other permitted users' rights of Landlord and other Tenants, its and their concessionaires, officers, employees, agents, customers, and invitees, to use any part of the parking areas and other Common Areas. Neither Tenant nor Tenant’s employees, concessionaires, officers or agents may solicit business in the 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. During the term of this Lease only, Tenant and its permitted concessionairesbusiness invitees, officers, employees, agents, employees and customers and invitees shall hav the non-exclusive have The nonexclusive right, in common with Landlord Landlord, the owners of other portions of the Project and all others to whom Landlord has granted or may hereafter grant rights, to use the Common Areas as designated from time to time by Landlordfor ingress, egress and parking subject to such reasonable rules and regulations as Landlord or such other person may from time to time impose in a uniform and the rights of Landlord set forth above. Landlord shall not revoke such non-discriminatory basis, including, exclusive right so long as Tenant is not in material default under the designation terms of specific areas in which vehicles owned by Tenant, this Lease. Tenant shall cause its concessionaires, officers, employees and agents must be parked, provided such designated parking areas are located in reasonably proximity to the 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 park in any other portion of the Centerarea designated by Landlord for employee parking. Tenant authorizes Landlord, Tenant shall pay upon at least one hour's prior notice to Landlord upon demand the sum of Ten Dollars ($10.00) for each such vehicle for each dayTenant's store manager, or part thereof, such vehicle is so parked, and Tenant hereby authorizes Landlord to tow or cause any car that fails to comply with such vehicle regulation to be towed from the Center, Common Areas and agrees to Tenant shall reimburse Landlord for the cost thereof upon demand, and to otherwise indemnify and hold Landlord harmless with respect theretothereof. Tenant agrees after notice thereof to shall abide by all such reasonable rules and regulations and to use its best efforts to cause Tenant’s permitted its concessionaires, officers, employees, agents, customers and invitees agents to conform theretoabide thereby. Tenant shall, upon request, furnish to Landlord or the license numbers owner of any other portion of the vehicles operated by Tenant and its concessionairesProject may, officers, employees and agents. Landlord may at any time close temporarily any Common Area Areas to make repairs or changes, to prevent the acquisition of public rights in such areas and to therein, discourage non-customer 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 permitted users' rights to use any part of the Common Areas. All Common Areas which Tenant may be permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area is diminished, Landlord shall not be subject to liability therefor any liability, nor shall Tenant be entitled to any action compensation or diminution or abatement of rent, nor shall such revocation of diminution of such areas be deemed an constructive or 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 and other Tenants, its and their concessionaires, officers, employees, agents, customers, and invitees, to use any part of the parking areas and other Common Areas. Neither Tenant nor Tenant’s employees, concessionaires, officers or agents may solicit business in the 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 consenteviction.

Use of Common Areas. During the term of this Lease only, Tenant and its permitted concessionairesbusiness invitees, officers, employees, agents, employees and customers and invitees shall hav have the non-exclusive nonexclusive right, in common with Landlord and all others to whom Landlord has granted or may hereafter grant rights, to use the Common Areas as designated from time to time by Landlord, subject to such reasonable rules and regulations UNIFORMLY APPLIED as Landlord may from time to time impose in a uniform and non-discriminatory basis, including, the designation rights of specific areas in which vehicles owned Landlord set forth above. [Confidential] Tenant shall abide by Tenant, all rules and regulations and cause its concessionaires[Confidential], officers, employees and agents must be parkedAND agents, provided such designated parking areas are located in reasonably proximity [Confidential] to abide thereby. Landlord may at any time temporarily close any Common Areas to make repairs or changes, prevent the Premises. If Landlord shall designate such parking areasacquisition of public rights therein, and if any vehicle of Tenant discourage noncustomer parking, or permitted concessionaire, officer, employee or agent of Tenant is parked in for any other portion of the Centerreasonable 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 pay to furnish 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 tow or cause any such vehicle to be towed from the Center, and agrees to reimburse Landlord for the 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 and descriptions of the vehicles operated cars used by Tenant and its concessionaires, officers, employees officers 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 thereofemployees. Tenant shall not at any time interfere with the Landlord's or other tenant's rights of Landlord and other Tenants, its and their concessionaires, officers, employees, agents, customers, and invitees, to use any part of the parking areas and other Common Areas. Neither Tenant nor Tenant’s employees, concessionaires, officers or agents may solicit business in the 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. During The term "common area," as used in this Lease, shall mean (i) the term following areas within the entertainment and retail center: 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 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 entertainment and retail center and areas adjacent to the entertainment and retail center which from time to time may be provided by the owners of this Lease onlysuch areas for the convenience and use of Landlord, Tenant the tenants of the Development, the owners and its permitted occupants of the Major Store Sites, and their respective concessionaires, officersagents, employees, agentscustomers, customers invitees and invitees all other licensees and others entitled to the use thereof and (iii) any other facilities or areas, whether within or outside the entertainment and retail center, as may be designated by Landlord from time to time. The use and occupancy by Tenant of the leased premises shall hav include the non-exclusive right, use of the common areas in common with Landlord and with all others to whom Landlord has for whose convenience and use the common areas have been or may hereafter grant rightsbe provided by Landlord or by the owners of common areas not within the Development, 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 Development, 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 as 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 LandlordLandlord for that purpose, subject to such reasonable rules and regulations as Landlord may from time to time impose shall not in a uniform and any case park their vehicles in any private or non-discriminatory basis, including, public portions of the designation of specific areas in which vehicles owned parking facilities. Tenant covenants that it will enforce the parking by Tenant, its concessionaires, officers, employees and agents must be parked, provided in such designated parking areas are located and in reasonably proximity only public areas. Automobile license numbers of employees' and agents' vehicles shall be furnished by Tenant to Landlord upon Landlord's request. In the Premises. If Landlord shall designate such parking areas, and if event any vehicle of is parked by Tenant or permitted concessionaire, officer, by an employee or agent of Tenant is parked in a private or non-public parking area or in any other portion of the Centerparking facilities other than the area of such parking facilities as shall be designated by Landlord, Tenant shall be obligated to pay to Landlord upon demand the sum of Ten One Hundred Dollars ($10.00100) per day for each such vehicle in order to partially compensate Landlord for each daythe 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 part thereofthe per diem charge or reimbursement due to Landlord hereunder, with respect to such vehicle is so parked, and Tenant hereby authorizes Landlord to tow or cause have not been paid; with any such vehicle to be towed from the Centerto 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 reimburse hold harmless Landlord for the cost thereof upon demandand defend Landlord, its agents and to otherwise indemnify employees against any 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 all claims of the vehicles operated by employee, agent and/or owner of the vehicle towed. Landlord shall have the further option of prohibiting Tenant and its concessionaires, officers, employees and agentsagents 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 common area to make repairs or changes, to prevent the acquisition of public rights in such areas and area, to discourage non-customer parking, to use areas for attendant or valet 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 common areas as in its judgment may be desirable to improve the convenience thereof. Tenant shall not at provide, nor shall Tenant authorize any time interfere with person or entity to provide, valet or attendant parking for Tenant's customers or others; Landlord shall have the rights of Landlord and other Tenantsexclusive right, its and their concessionaires, officers, employees, agents, customers, and inviteesbut shall not be obligated, to use any part of provide valet or attendant parking at the parking areas entertainment and other Common Areas. Neither Tenant nor Tenant’s employees, concessionaires, officers or agents may solicit business in the 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 consentretail center.