Common use of Common Area Maintenance Clause in Contracts

Common Area Maintenance. (a) Landlord shall provide all maintenance, repairs and replacements to all common areas external to the Building, and the roof and structure of the Building. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for the foregoing arises from the gross negligence or willful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the Association. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to be provided by the Association. (c) In the absence of a judgment to the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance of Tenant’s use and possession of the Leased Space, render Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereof.

Common Area Maintenance. (a) a. Landlord shall provide all agrees to repair, replace, manage and maintain the Common Area and Tenant agrees to pay monthly during the term of this Lease, as additional rent, an amount equal to its Proportionate Share of the annual cost incurred by Landlord for the repair, replacement, management and maintenance of such Common Area, including but not limited to, landscaping, lawn maintenance, painting and other repairs and replacements to all common areas external to the Buildingexterior of buildings and other improvements, snow and ice removal, parking lots, roads, driveways, sidewalks, utilities and lighting ("Common Area Charges"). The following shall be excluded from Common Areas Charges (i) debt service relating to any mortgage against the roof Building and/or the Property; (ii) depreciation and structure amortization; (iii) allowances or other costs and expenses of decorating, redecorating, fixturing, furnishing or renovating space demised or intended to be demised to new or existing tenants or for tenants renewing their leases or for other occupants of the Building. The cost ; (iv) any rent under any ground or underlying lease; (v) any costs incurred for any service provided to one or more other tenant(s) or occupant(s) of same the Building which service shall be included in not benefit Tenant; (vi) any amount incurred by Landlord by reason of Landlord's negligence or intentional misconduct; (vii) any fines or penalties incurred due to any violations by Landlord or any other tenant or other occupant of the Operating Expenses Building of any governmental laws, rules or regulations; (viii) any amount incurred to a company or other entity affiliated with Landlord to the extent provided in Section 3(a)(iii) unless the necessity for the foregoing arises from the gross negligence or willful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished exceeds the amount which would have been incurred on a fair market basis in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the Association. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to be provided by the Association. (c) In the absence of such affiliation; (ix) costs incurred by Landlord for alterations which are considered capital improvements and replacements under generally accepted accounting principles consistently applied (however, the cost of capital improvements with a judgment to useful life in excess of one year shall be amortized over the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance of Tenant’s use and possession term of the Leased SpaceLease and Tenant shall pay its Proportionate Share of the amortized cost); (x) leasing commissions; (xi) salaries, render Landlord liable to Tenant, authorize abatement benefits and other compensation for executives above the grade of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereof.building manager;

Common Area Maintenance. Lessee shall pay Lessor, as additional rental, Lessee's Percentage (as defined below) of all costs of operating and maintaining the common areas applicable to the term of this Lease, including, but not limited to, parking lot and street lighting; repairs and maintenance to the parking lot, including cleaning and striping, snow and ice removal; the costs and expenses of maintaining the landscaped areas (including grass cutting, planting, fertilizer, replacing flowers and shrubbery, and repairs and maintenance to the lawn sprinklers, if any); and electricity, water, and sewer charges for the common areas. Such payment shall be made by Lessee within ten (10) days after receipt of a statement showing the amount due. "Lessee's Percentage" shall be that fraction (expressed as a percentage), the numerator of which is the space in the Premises and the denominator of which is all of Lessor's space in the Project. Notwithstanding anything to the contrary in the description of common area maintenance expenses described above, such expenses shall not include: (a) Landlord shall provide all maintenance, repairs costs and replacements to all common areas external to the Building, and the roof and structure of the Building. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity expenditures for the foregoing arises from the gross negligence or willful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s Lessor has a right to recover same from the responsible party). Any such maintenancebe reimbursed, replacements whether by insurance proceeds or repairs and any labor performed or materials furnished otherwise, except through Additional Rent payments by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses.tenants: (b) Unless otherwise agreed with Tenant in writingcosts for repairs or other work occasioned by fire, Landlord agrees that all maintenance to windstorm or other casualty for which insurance would at the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit time of lots such casualty customarily be carried by a prudent Lessor in the Center shall be performed by the Association. Landlord shall use diligent efforts to enforce any such obligation metropolitan area of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to be provided by the Association.Nashville; (c) In costs of improvements to leasable space in the Project; (d) costs of relocating any tenant; (e) costs of capital improvements or capital expenditures (except any capital expenditures made or installed for the purpose of reducing common area maintenance expenses - only to the lesser of (x) the extent of such reductions actually achieved (without regard to the "useful life" of such capital expenditure), or (y) the amortization of the capital expenditure over its useful life; (f) depreciation and amortization; (g) interest, points and fees, on debt or amortization on or for any mortgages encumbering the property, or any part thereof, and all principal, escrow deposits and other sums paid on or in respect to any indebtedness (whether or not secured by a mortgage lien) and on any equity participations of any lender, lessor or tenant, and all costs incurred in connection with any financing, refinancing or syndication of the Project or building, or any part thereof; (h) all costs relating to activities for the solicitation and execution of leases of space in the Project, including but not limited to tenant allowances, space planning fees, legal fees for preparing leases and amendments to leases, rent payable with respect to any leasing office, advertising costs and real estate brokerage and leasing commissions; (i) expenses incurred in enforcing obligations of other tenants of the Project; (j) costs of decorating, redecorating, or special cleaning of tenant spaces not provided on a regular basis to all tenants of the Project; (k) wages, salaries, fees and fringe benefits paid to executive personnel, officers or partners of Lessor; (l) The cost of abatement of pollutants and/or hazardous substances or materials; (m) Fines and/or penalties incurred due to non-compliance by Lessor or the building or any other tenant in the Project, with any law, governmental rule or regulation or directive of any governmental authority; (n) The costs and expenses to Lessor in curing its defaults or performing work expressly provided in the Lease to be borne at Lessor's expense; (o) the cost and expenses of correcting defects in equipment in for or of the Premises, building or Project, or in the construction of the building or defects in any other improvements on the Project (as distinguished from repairs thereof in the ordinary course of business due to normal aging of the equipment, building or the other improvement); (p) the cost of any work or service performed for any facility other than the Project and the Project systems; (q) Any costs representing an amount paid to a person, firm, corporation or other entity related to Lessor, or Lessor's management company, which is in excess of the amount which would have been paid in the absence of a judgment such relationship; (r) any and all costs related to Hazardous Substances except to the contraryextent caused by Lessee. In no event shall the Lessee's portion of common area maintenance during the first year of the Lease Term exceed $0.10 per square foot, and in no event shall Lessee's portion of common area maintenance expenses for any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance of Tenant’s use and possession subsequent year increase by more than 5% over Lessee's share of the Leased Space, render Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereofcommon area maintenance expenses for the preceding year.

Common Area Maintenance. (a) Landlord shall provide make available from time to time within the Property such Common Areas (including, but not limited to, parking areas, driveways, truckways, delivery passages, common truckloading areas, access and egress passages, walkways and sidewalks) as Landlord shall deem appropriate. Landlord shall operate, manage, equip, light, repair and maintain such Common Areas and landscaped areas for their intended purposes, all maintenancein such a manner as Landlord shall, repairs in its sole discretion, determine, keeping all parking areas clean and replacements to all common areas external to reasonably free of snow and ice. Landlord shall also maintain the exterior and structural components of the Property and the Building, and the roof and structure of the Building. The cost of same shall be included in the Operating Expenses including but not limited to the extent provided in Section 3(a)(iii) unless roofs, any common HVAC equipment (but excluding the necessity for HVAC equipment exclusively serving the foregoing arises from Demised Premises), the gross negligence or willful and wanton misconduct of Landlord or its employeesexterior walls, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenancefoundation, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replacedgutters, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance utility services extending to the common areas external service connection to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the AssociationDemised Premises. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages for any inconvenience or otherwise for temporary delay interruption of business or failure in furnishing other consequences resulting from the making of repairs, replacements, improvements, alterations or additions, or from the doing of any service other work to or facility to be provided by upon any such Common Areas or elsewhere on the Association. (c) In the absence of a judgment to the contraryProperty, in no event shall any or from delay or failure to provide perform such maintenance or other work with respect to such areas where such delay or failure is attributable to labor troubles material shortages or any other causes beyond Landlord’s reasonable control. It is agreed that the services or use of said Common Areas shall at all times be subject to such reasonable rules and regulations as the Landlord may promulgate uniformly for all the Landlord’s tenants on the Property, in common with others, including but not limited to the designation by Landlord of areas in which such Property tenants (including the Tenant herein) and their employees are to park. Landlord may, from time to time, change the size, location and nature of any Common Area on the Property, provided that reasonable access and parking is provided to and for the Demised Premises, and Tenant’s dedicated parking spaces are unchanged. Notwithstanding the forgoing, unless and until such time as the Landlord erects another building(s) on the Property, the Tenant may perform certain Common Area Maintenance obligations under subsections of the Landlord (a) or as agreed upon by Landlord and Tenant), at its sole cost and expense (b) above, regardless of cause, be deemed and not to be an eviction or disturbance of included in Common Area Maintenance Charges). In that event, the Tenant’s use obligations of insurance and possession indemnifications under this Lease shall apply to the Tenant’s performance of such Common Area Maintenance. In the event that the Tenant does not perform these Common Area Maintenance obligations to the satisfaction of the Leased SpaceLandlord, render the Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent may terminate the Tenant’s exercise of its rights under Section 42 hereofright to perform the same upon prior notice to the Tenant.

Common Area Maintenance. (a) At the sole expense of Tenant, and to be ----------------------- included as Operating Costs as described in Paragraph 3.4, Landlord shall provide all maintenancebe responsible for and shall maintain in good condition and repair the parking lot, repairs paving, landscaping and replacements to all other common areas external to of the Buildingbuilding, and Landlord shall be responsible for snow and ice removal from the roof parking lot, paving and structure sidewalks. Landlord shall not be required to make any repairs necessitated by reason of the Building. The cost any act or omission by Tenant, its employees, agents, licensees or invitees, all of same whom shall be included in the Operating Expenses term "Tenant" for purposes of this subsection. If any repairs necessitated by reason of any act or omission by Tenant are required then, if Landlord chooses to do so, Landlord may make repairs and Tenant agrees promptly upon demand to reimburse Landlord for the extent provided in Section 3(a)(iii) unless full costs thereof, or, at its option, Landlord may notify Tenant of the necessity for such repairs, and Tenant shall repair or commence the foregoing arises from the gross negligence or willful and wanton misconduct repairs within fifteen (15) days of Landlord or its employees, in which case receipt of such cost shall not be included as part of the Operating Expenses but notice at Tenant's expense to Landlord's reasonable satisfaction. No liability shall be paid imposed on Landlord because of any damage to personal property or any injury, or because of any interference with the services and facilities listed above, caused by Landlord (without prejudice to accidents or repairs, riots, strikes or any other reason beyond the control of Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in under no duty to restore any of such services and facilities or to make any of the repairs for which Landlord is obligated, except after receipt of written notice from Tenant of a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the Associationneed therefor. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such have a reasonable period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility within which to be provided by the Associationcommence such work. (c) In the absence of a judgment to the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance of Tenant’s use and possession of the Leased Space, render Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereof.

Common Area Maintenance. (a) Landlord Common Areas shall provide include all maintenance, repairs and replacements to all common areas external to the Building, and the roof and structure of the Building. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for the foregoing arises from the gross negligence or willful and wanton misconduct of Landlord or its employeesShopping Center not covered by Buildings, in which case such cost including but shall not be included limited to, all parking areas and facilities, roadways, driveways, entrances and exits, truck serviceways, utilities, retaining and exterior walls, sidewalks, open malls, outside courts, landscaped and planted areas, service corridors, service areas, loading docks, public rest rooms, if any, equipment, signs and any special services provided by Landlord for the common or joint use and benefit of all tenants in the Shopping Center, their employees, customers and invitees. (b) Landlord shall make available the Common Areas for the common benefit of the tenants and occupants of the Shopping Center. Landlord shall operate, manage, equip, insure, repair and maintain such Common Areas for their intended purposes in a first class manner as Landlord shall reasonably determine. Landlord shall at all times have the right to reasonably determine, reasonably change or reasonably alter the nature, extent, size or location of the Common Areas, provided such alterations do not affect access to or visibility of the Premises and Landlord shall not be subject to liability therefor, nor shall Tenant be entitled to any compensation or diminution or abatement of rent on account of any such determination or change, nor shall any such action be deemed an actual or a constructive eviction of Tenant. It is understood and agreed that Landlord may construct or demolish and reconstruct additional improvements and buildings on the parcels designated as Out Parcels or "Future" or "Small Shops" on the Site Plan but not otherwise in the Common Areas and incorporate such parcels into the Shopping Center which parcels shall be subject to all conditions imposed on all tenants by virtue of the leases entered into by Landlord. In addition, Landlord may erect the monument sign shown on the site plan and other reasonable signs in connection with the Out Parcels provided they do not block the view of Tenant's signs. Landlord shall also have the right to operate a kiosk in the Common Areas but not in front of the Premises in the no-build area, if any, outlined on Exhibit "S". (c) 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 designated from time to time by Landlord, subject to such reasonable regulations as Landlord may from time to time impose uniformly on all Tenants in the Shopping Center. Employee parking areas, if any, for Tenant's employees shall be designated on Exhibit "S". Tenant agrees to abide by such reasonable regulations and to use its best efforts to cause its officers, employees, 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 non-customer parking, and may do such other acts in and to the Common 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 permitted officers, employees, agents, customers, and invitees, to use any part of the Operating parking areas and other Common Areas. (d) Tenant shall pay all CAM charges relating to the Common Areas shown on Exhibit "S". Tenant shall pay Tenant's CAM in monthly installments of one twelfth (1/12th) of the annual amount of such share as is reasonably estimated by Landlord. After the end of each Lease Year or partial Lease Year, Landlord shall give Tenant a statement (prepared in accordance with Shopping Center Practices, including a detail of all CAM Expenses but listed below for which the Tenant is liable, as provided by this Lease) of CAM for that year. The statement shall be binding upon Tenant unless objected to by Tenant within twelve (12) months after it is given. If such statement shows that Tenant's CAM exceeds the monthly installments previously paid to Landlord, then Tenant shall pay Landlord the excess. If such statement shows that Tenant's monthly installments exceeds Tenant's CAM, then the overpayment to Landlord shall be paid by Landlord to Tenant or, at Landlord's election, credited to the next amount due from Tenant to Landlord under this Lease. Provided Tenant is not in monetary or other material default under the terms of this Lease, Tenant shall have the right not more often than once per Lease Year, to conduct an audit, following at least fifteen (without prejudice 15) days written notice and during business hours of Business Days, of Landlord's books and records pertaining to Common Area Maintenance and Real Estate Taxes at the offices of the Landlord’s . Only one audit is permitted for any Lease Year. Audits must be conducted within six (6) months of receipt of Landlord's summary of CAM changes for any given year. Any errors must be claimed within three (3) months of the Audit or such claim is waived. Tenant's audit shall be at its sole cost and expense unless such an audit reveals an error in Landlord's statement which increased CAM by more than three percent (3%) as disclosed by the audit, in which event Landlord shall pay Tenant within thirty (30) days after demand the reasonable costs of such audit. Tenant shall not have any right to recover same from audit Landlord's books and records for any period ending more than twelve (12) months prior to the responsible party)date the audit notice is given. Any Notwithstanding anything to the contrary contained herein, Landlord's failure to provide such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed CAM cost statement to Tenant in a good timely manner shall in no way excuse Tenant from its obligation to pay its CAM costs or constitute a waiver of Landlord's right to ▇▇▇▇ and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished collect such CAM costs from Tenant in compliance accordance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expensesclause. (be) Unless otherwise agreed CAM means all costs incurred or paid by Landlord for the operation, maintenance, replacement and repair of the Common Areas (not the buildings located in the Shopping Center), including but not limited to, landscaping, parking lot repaving (not more than once each 10 years), access road repaving (not more than once each 5 years), repairing and striping, snow removal, pest control, common area utilities, including irrigation water, sanitary clean out and control as to lines servicing the Premises, exterior lighting (including maintenance of fixtures and replacement of light bulbs), removal of common area trash, supplies, security, traffic control devices, the amortized cost of the reasonable purchase or lease of any machinery, equipment or vehicles used in connection with the operation or maintenance of the Common Areas, repair and replacement of on-site water, sanitary and storm sewer lines as to lines servicing the Premises, maintenance of on-site drainage facilities, any governmental impositions or surcharges, repair to retaining walls, maintenance and other personnel performing the above activities (including wages, benefits, unemployment, social security taxes and workers' compensation insurance), pedestrian traffic control and an administrative charge equal to fifteen percent (15%) of the CAM costs. The fifteen percent (15%) CAM administrative charge shall not include CAM costs related to real estate taxes, utilities and insurance payments. CAM also includes the premiums for Landlord's Liability insurance for the Common Areas. Notwithstanding anything to the contrary herein, Tenant in writing, shall be responsible for snow removal for the sidewalks surrounding the Premises and for landscaping the areas surrounding the Premises. Landlord agrees that all maintenance to be responsible for snow removal from Tenant's drive-thru area, provided that, such expense shall be included in CAM costs. Notwithstanding the foregoing, CAM shall not include costs incurred or paid for: repairs and replacement of roofs; structural repairs and replacements to the common Buildings; all costs and depreciation and amortization of the initial construction and installation of the Common Areas of the Shopping Center including without limitation, the initial construction of all paving areas, driveways, aisles, sidewalks, traffic and safety equipment signs, landscaping and other improvements; leasehold improvements, negotiating, amending, extending, administering or terminating leases with any tenant including, without limitation, brokerage commissions, architectural or legal services; payments under mortgages or ground leases encumbering all or any part of the Shopping Center; cash reserves for replacement of facilities; curing defects in the construction of the Buildings; capital costs or capital improvements and repaving the entire parking areas external more often than once every ten (10) years (repaving once every ten (10) years is a permitted CAM cost) (patching the parking area is a permitted CAM cost); and repaving the entire Access Road more often than once every five (5) years (repaving once every five (5) years is a permitted CAM cost) (patching the Access Road is a permitted CAM cost); repairs and other costs incurred for the sole benefit of any tenant; Landlord's charitable or political contributions; costs of refinancing, selling or otherwise transferring ownership of the Shopping Center and/or improvements thereon; general overhead and administrative expenses not directly related to the Building operation and management of the Shopping Center; and further provided that any costs incurred with respect to the Common Areas which the Association offers have been charged to perform and paid directly by Tenant or is obligated another tenant (as part of Tenant's Pro Rata Share or another tenant's share of CAM) and which have been reimbursed to perform Landlord from condemnation or insurance awards shall, after deducting Landlord's costs in obtaining such awards, be deducted from CAM for the benefit year in which Landlord receives such payments or awards. Also, upon the development of lots the "Developer's Future Area" (as depicted on Exhibit "S"), or in the Center event any other tenant shall utiltize the Access Drive (as depicted on Exhibit "S"), such other tenant shall be performed by the Association. Landlord shall use diligent efforts responsible for their pro rata share of maintenance, repair and other applicable CAM costs related to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to be provided by the AssociationAccess Drive. (c) In the absence of a judgment to the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance of Tenant’s use and possession of the Leased Space, render Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereof.

Common Area Maintenance. (a) Landlord agrees that it will properly maintain and operate the Common Areas, as hereinafter defined, and shall keep same in good order and condition and maintain existing lighting. The obligation of the Landlord shall provide consist of the prompt repairing, re-striping, repaving, resurfacing and resealing, when required, of the Common Areas, the maintenance and repair of all maintenancecurbing and directional marker, repairs the prompt removal of snow and replacements to ice, landscaping, common area utility usage, and maintaining existing lighting during all common areas external hours of darkness that Tenant shall be open for business. Landlord will also assume responsibility for the maintenance of any property boundary walls and catch basins in the parking lot. Any trash removal costs for the Common Areas shall not include any costs attributable to the Building, and the roof and structure removal of trash of any tenant in the Building. The cost of same Common Areas shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity defined as all Building sidewalks, ramps, paved parking areas, paved service areas, signs, lighting/and all means of ingress, egress, acceleration, deceleration and circulation for the foregoing arises from the gross negligence or willful aforesaid parking and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part service areas of the Operating Expenses but shall be paid Building to and from public streets and roadways bordering the Building now or hereafter made available or maintained by Landlord (without prejudice to Landlord’s right to recover same from in connection with the responsible party)Building. Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon All of the direction aforesaid obligations of Landlord shall be performed in a accordance with good and workmanlike manneraccepted shopping center practices throughout the term, using only materials Landlord recognizing that the Common Areas must be available, in good order and condition, to serve Tenant's customers, employees and vendors. Provided Landlord complies with the provisions of at least this Article, Tenant agrees to pay to Landlord its proportionate share of the same quality Common Area Maintenance ("CAM") costs incurred by Landlord in fulfilling its obligations and integrity as that being repaired for no other costs. CAM costs will not include any management, administrative, accounting, data processing or replacedaudit fees; and will not include capital expenditures or capital improvements made by Landlord to the Common Areas. Any sum payable to Landlord under this Article shall be paid by Tenant within thirty (30) days, and performed and furnished in compliance with all applicable lawsbut not more than twice annually, regulationsafter receipt from Landlord of demand therefor, ordinances and requirements accompanied by detailed documentation, including copies of all duly constituted authorities or governmental bodies having jurisdiction over the Building, receipted bills and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is by a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the Association. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to be provided by the Association. (c) In the absence of a judgment to the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance computation of Tenant’s use and possession of the Leased Space, render Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereof's percentage share.

Common Area Maintenance. 1001. Operation of Common Area. Landlord grants to Tenant, in common with others, the non-exclusive license to use the Common Area subject to the terms and conditions hereof. Tenant agrees that (i) the Building is under the complete control of Landlord; (ii) the parking lot is provided primarily for the convenience of the residents of the Building; and (iii) any delivery area and employee parking area (subject to Section 1005) may be designated by Landlord in its sole and absolute discretion. Tenant agrees that Landlord has the right (a) to enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of the Building; (b) to enforce parking charges (by operation of meters or otherwise) with appropriate provisions for parking ticket validation by tenants on any parking areas of the Building; (c) to close all or any portion of the Common Area or the Building to such extent as may, in the opinion of Landlord, be necessary to maintain, repair, or replace same, or to prevent a dedication thereof or the accrual of any rights to any person or to the public therein; and (d) to do and perform such other acts in and to the Common Area or the Building as Landlord shall provide all maintenancedetermine to be advisable. Landlord shall have the right, repairs and replacements from time to time, in connection with special events produced, sponsored, presented or authorized by Landlord, to limit access to all or part of the Common Area and the Building to persons that have paid an admissions charge for access to such areas and/or are otherwise authorized by Landlord to enter such areas. Tenant acknowledges that Landlord has the right, in its sole and absolute discretion, from time to time to change the area, location and arrangement of parking areas and other facilities; to remove areas from common areas external use for the exclusive use of a tenant or occupant; and pursuant to Section 1901 hereof, to erect or remove buildings or other structures and to make any changes and/or improvements in the Building, including, without limitation, expanding and/or subdividing the Building, granting licenses and easements to others, and remodeling or changing the roof and structure interior and/or exterior surfaces of the Building. The cost Tenant shall not, without the prior written consent of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for the foregoing arises from the gross negligence or willful and wanton misconduct of Landlord or its employeesLandlord, in which case such cost consent shall not be included as part unreasonably withheld, conditioned and/or delayed: (i) receive or ship articles of any kind outside the Operating Expenses but shall be paid by Landlord designated loading area for the Premises and other than during the designated loading times, nor (without prejudice to Landlord’s right to recover same from ii) solicit business in the responsible party). Any such maintenance, replacements Common Area or repairs and any labor performed or materials furnished by or upon the direction public areas of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and nor distribute or display any handbills or other advertising matters or devices in such Common Area or public areas, nor (iii) do anything to impede the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section pedestrian or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots vehicular flow in the Center shall be performed by the AssociationBuilding. Landlord shall use diligent efforts to enforce any such obligation of the Association1002. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to be provided by the AssociationIntentionally Deleted. 1003. Intentionally Deleted. (c) In the absence of a judgment to the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance of Tenant’s use and possession of the Leased Space, render Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereof.

Common Area Maintenance. (a) Landlord shall provide all maintenanceLessor agrees to furnish routine repair and maintenance for the Building roof, exterior walls, and structural members as well as routine cleaning, repairs and replacements maintenance for all Common Areas and Service Areas of the Building in the manner and to all common areas external the extent deemed by Lessor to be standard. Lessor shall supply hot and cold water at those points of supply provided for general use of other Lessees In the Building, central heat and air conditioning in season, at such temperatures and in such amounts as are considered by Lessor to be standard or as required by governmental authority; provided, however, heating and air conditioning service at time other than for 'Normal Business Hours" for the roof Building (which are 6:30 a.m. to 7:30 p.m. on Mondays through Fridays and structure 8:00 a.m. to 2:00 p.m. on Saturdays, exclusive of normal business holidays),shall be furnished only upon written request of Lessee delivered to Lessor prior to 3:00 p.m. at least three days in advance of the Buildingdate such usage is requested. Lessee shall bear the entire cost of such additional service as such costs are determined by Lessor from time to time. Subject to the provisions of Paragraph 13, Lessor shall also provide facilities to provide all electrical current required by Lessee in its use and occupancy of the Premises. The cost failure by Lessor to any extent to furnish or the interruption or termination of same shall be included these defined services in whole or in part, resulting from causes beyond the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for the foregoing arises from the gross negligence or willful and wanton misconduct reasonable control of Landlord or its employees, in which case such cost Lessor shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the Association. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be render Lessor liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to respect nor be provided by the Association. (c) In the absence of a judgment to the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be construed as an eviction or disturbance of Tenant’s use and possession of the Leased SpaceLessee, render Landlord liable to Tenant, authorize nor work an abatement of rent, nor relieve Tenant Lessee from performance the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used In the provision of such services for any cause cease to function properly, Lessee shall have no claim for offset or abatement of rent or damages on account of an interruption In service occasioned thereby or resulting therefrom unless Lessor fails to use its obligations under this Lease, or result best effort to restore such interruption in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereofservice.

Common Area Maintenance. (a) Landlord shall provide all maintenance, repairs and replacements to the common areas of the Building if the Building is a multi-tenant Building, and to all common areas external to the Building, and the roof and structure of the Building. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for the foregoing arises (a) from the gross negligence or willful and wanton misconduct of Landlord or its employees or, subject to Section 3(a)(iii)(i) , by any other tenant of the Building or such tenant's agents, employees, licensees, or invitees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s 's right to recover same from the responsible party), or (b) from the negligence or willful and wanton misconduct of Tenant, its agents, employees, licensees or invitees, in which case such cost shall be paid by Tenant. Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “"triple net” " lease, with Minimum Annual Rent rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the Association. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to be provided by the Association. (c) In the absence of a judgment to the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance of Tenant’s 's use and possession of the Leased Space, render Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s 's exercise of its rights under Section 42 hereof.