Common use of Common Area Defined Clause in Contracts

Common Area Defined. (A) The use and occupation by the Lessee of the Leased Premises shall include a license for the use in common with others entitled thereto of the common areas, service roads, loading facilities, sidewalks and customer car parking areas and other facilities as may be designated from time to time by the Lessor, subject to Lessee’s compliance all of the terms, covenants and conditions of this Lease and to the rules and regulations for the use of the common areas as prescribed from time to time by Lessor. All parking areas and facilities furnished by Lessor in or near the Industrial Estates, including truck way or ways, loading docks, pedestrian sidewalks and ramps, landscaped areas, exterior stairways, comfort stations and other areas and improvements provided by the Lessor for the general use, in common for lessees and lessees’ customers shall at all times be subject to the exclusive control and management of Lessor and Lessor shall have the right from time to time to establish, modify and enforce rules and regulations with respect to all facilities and areas mentioned in this Section. Lessor shall have the right to construct, maintain and operate lighting facilities on all said areas and improvements; to police the same; from time to time to change the area, level, and location and arrangement of parking areas and other facilities herein above referred to; to restrict parking by lessees and lessees’ customers; to enforce parking charges by operation of meters or otherwise with appropriate provisions for free parking ticket validation by lessees; to close all or any portion of said area or facilities to such extent as may be, in the sole opinion of Lessor or Lessor’s counsel to be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the parking areas or facilities; to discourage non-customer parking; and to do or caused to be performed such other acts in or to said areas and improvements as, in the use of good business judgment, the Lessor shall determine to be advisable with a view to the improvement of the convenience and use thereof by lessees and lessees’ customers. Lessor will operate and maintain the common areas referred to herein in such manner as Lessor shall, in its sole opinion, so determine from time to time. All common areas and facilities not within the Leased Premises, which lessee or lessees’ customers may be permitted to use or occupy, are to be used and occupied under a revocable license, and if the amount of such areas are to be diminished, Lessor shall not be subject to any liability nor shall Lessee be entitled to any compensation or diminution or abatement of Annual Minimum Rent or Additional Rent nor shall such diminution of such common areas or facilities be deemed a constructive or actual eviction. (B) It is understood and agreed that the Annual Minimum Rent as set forth in Section 2 hereof shall include the cost of operating, maintaining and insuring the exterior common areas (as defined herein). The term “Common Area Maintenance” (C.A.M.) shall mean the total cost of all items of expense relating to ownership, operation and management of all portions of the Industrial Estates. (C) Lessor shall not be liable to Lessee for any damages in the event Lessor’s furnishing of any such services to and/or operation of the exterior common areas is interrupted or required to be terminated because of the necessary of repair and/or maintenance or any cause beyond the control of Lessor.

Common Area Defined. (A) The use and occupation by the Lessee As used herein, “Common Area” means all areas of the Leased Premises shall include plaza (as the same may be expanded or decreased at Landlord’s option) except existing buildings, those areas which from time to time are designated by Landlord as being outside the Common Area, or which are leased to or within the exclusive control of a license tenant of the plaza, or on which Landlord is building or has built a building within the “Building Envelopes” designated on Exhibit A. The Common Area includes, without limitation, the land and facilities utilized for or as parking areas, access and perimeter roads, truck passageways (which may be elevated or subsurface in whole or in part), and platforms therein (including, notwithstanding anything herein contained, any such platform as is for the use of Tenant or any concessionaire); service corridors and stairways providing access from store premises to such platforms and truck passageways; loading docks, special easement areas, landscaped areas, seasonal decorations, exterior walks, arcades and/or balconies; directory equipment; washrooms, comfort rooms, drinking fountains, toilets and other public facilities, bus stations, taxi stands and the like; areas devoted to or for maintenance purposes or equipment, including management offices; and (between Tenant and Landlord) any areas dedicated or belonging to the public or any governmental authority which are contiguous or near to the plaza and which are required to be maintained by or the cost of maintenance is required to be borne by Landlord. Landlord hereby grants to Tenant the non-exclusive right in common with others entitled thereto of during the common areas, service roads, loading facilities, sidewalks and customer car parking areas and other facilities as may be designated from time to time by the Lessor, subject to Lessee’s compliance all of the terms, covenants and conditions term of this Lease and to use the rules and regulations for the use Common Area (as hereinafter defined) of the common areas as prescribed from time to time by Lessorplaza for itself, its employees, agents, customers, invitees and licensees. All parking areas and facilities furnished by Lessor in or near the Industrial Estates, including truck way or ways, loading docks, pedestrian sidewalks and ramps, landscaped areas, exterior stairways, comfort stations and other areas and improvements provided by the Lessor for the general use, in common for lessees and lessees’ customers The Common Area shall at all times be subject to the exclusive control and management of Lessor Landlord or such other persons or nominees as Landlord may designate to exercise such management or control, in whole or in part over the Common Area, in Landlord’s place and Lessor stead, and Landlord, and Landlord’s nominees and assignees shall have the right from time to time to establish, modify modify, amend and enforce reasonable rules and regulations with respect to all facilities the Common Area. Tenant agrees to abide by and areas mentioned in this Sectionconform with such rules and regulations; to cause its concessionaires, and its and their employees and agents, so to abide and conform; and to use its best efforts to cause its customers, invitees and licensees so to abide and conform. Lessor Landlord shall have the right to constructclose, maintain and operate lighting facilities on all said areas and improvements; to police the same; from time to time to change the areaif necessary, level, and location and arrangement of parking areas and other facilities herein above referred to; to restrict parking by lessees and lessees’ customers; to enforce parking charges by operation of meters or otherwise with appropriate provisions for free parking ticket validation by lessees; to close all or any portion of said area or facilities the Common Area to such extent as may be, in the sole opinion of Lessor or LessorLandlord’s counsel to be legally sufficient necessary or desirable in order to prevent a dedication thereof or the accrual of any rights to of any person or of the public therein; to close temporarily all or any portion of the parking areas or facilities; Common Area to discourage non-customer parkinguse; to use portions of the Common Area while engaged in making additional improvements or repairs or alterations to the plaza; and to do or caused to be performed and perform such other acts in or in, to, and with respect to said areas and improvements asthe Common Area as Landlord, in the use of good business its sole judgment, the Lessor shall determine to be advisable appropriate for the plaza. Landlord shall have the unqualified right to increase or reduce the Common Area, and to rearrange the parking spaces, driveways and improvements on the Common Area. The rights, duties and obligations of Landlord and Tenant with a view respect to the improvement Common Area and otherwise are subject to the provisions of any covenants, conditions, restrictions, easements, rights and rights of way governing the plaza and recorded in the official records of the convenience county where the plaza is located, as such document may be amended from time to time without the consent of Tenant. Landlord shall have the sole right to place vending or amusement devices and public telephones on the Common Area. Tenant agrees that its officers, agents, employees, vendors, suppliers and other independent contractors will use thereof by lessees such access roads and lessees’ customers. Lessor will operate trucks and maintain trailers in delivering merchandise to and from the common areas referred Leased Premises at such days and hours upon and over such access roads as are designated therefor by Landlord as a means of ingress to herein in and egress from the Leased Premises. The use of such manner access roads by Tenant and ▇▇▇▇▇▇’s officers, agents, employees, vendors, suppliers and other independent contractors shall be subject to the rules and regulations established by Landlord with respect to the use thereof. All automobiles, trucks and other vehicles of Tenant shall be parked only where and as Lessor shall, in its sole opinion, so determine permitted by Landlord from time to time, and officers, agents and employees of Tenant shall park their vehicles only in such places or in such particular area, if any, as may be designated by Landlord as employee parking area. All common areas ▇▇▇▇▇▇ agrees that when and if requested by Landlord, Tenant will furnish Landlord with the license numbers of the vehicles of Tenant and its officers, agents and employees. If any vehicles of Tenant or any concessionaire or any of their respective officers, agents or employees, is parked in any part of the plaza other than the employee parking area, Tenant hereby authorizes Landlord to engage a towing service to remove such vehicles at Tenant’s expense. Repair, replacement, and maintenance, including incidental upgrades; surfacing, resurfacing, painting, restriping, cleaning, sweeping and janitorial services; planting and landscaping; signs and markers; lighting, water and other utilities, including installation of meters; parking control, security guards and fire protection service; pest control; all taxes and assessments described in Section 31 levied or assessed against the Common Area; premiums for all forms of insurance described in Section 31 covering the Common Area as well as other insurance carried by Landlord; wages and salaries for personnel employed to operate the Common Area and service contracts with independent contractors; and the machinery, tools and equipment used for Common Area maintenance or rental thereof. Improvements to the Common Area (other than maintenance, repairs or replacements of existing facilities not within the Leased Premisesor upgrades performed while maintaining, repairing or replacing existing facilities, which lessee are provided for in subsection A. above), provided that for improvements having a useful life beyond the current initial term or lessees’ customers may be permitted to use or occupyoption term, are to be used and occupied under a revocable license, and if Tenant shall pay in the amount year the cost is incurred only that portion of such areas are cost that is amortizable during the balance of the current initial term or option term, based on generally accepted accounting principles. If Tenant exercises any option(s) to be diminishedextend the lease term, Lessor Tenant shall not be subject to any liability nor shall Lessee be entitled to any compensation or diminution or abatement pay Landlord the portion of Annual Minimum Rent or Additional Rent nor shall such diminution of such common areas or facilities be deemed a constructive or actual eviction. (B) It is understood and agreed that the Annual Minimum Rent as set forth in Section 2 hereof shall include the cost of operatingthe improvement amortizable during the next option term in the year such option is exercised. As used in this Lease, maintaining and insuring Tenant’s “pro rata share” shall be a fraction, the exterior common areas (as defined herein). The term “Common Area Maintenance” (C.A.M.) shall mean numerator of which is the total cost number of all items square feet of expense relating ground floor area in the Leased Premises and the denominator of which is the total number of square feet of ground floor area of buildings located in the plaza and which is then leased, open for business and as to ownershipwhich Additional Rent is being paid, operation and management of all portions at the time the proration is made. Landlord shall periodically determine ground floor area for purposes of the Industrial Estatesabove calculation and Landlord’s determination shall be conclusive. (C) Lessor shall not be liable to Lessee for any damages in the event Lessor’s furnishing of any such services to and/or operation of the exterior common areas is interrupted or required to be terminated because of the necessary of repair and/or maintenance or any cause beyond the control of Lessor.