Common use of Common Area Clause in Contracts

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below.

Common Area. Subject 9.1 The Common Areas of the Shopping Center shall consist of all portions of the Shopping Center which shall not be occupied by buildings leased or held for lease, as more specifically depicted on EXHIBIT B. The general term "COMMON AREAS" includes all parking areas, landscape areas, aisles, driveways, entrances, exits, walkways, corridors, elevators and elevator shafts, stairwells, sidewalks, roadways, loading areas or appurtenances (unless the operation, repair and maintenance of a particular loading area or appurtenances is the responsibility of the tenant or tenants who have the use of same), service roads, lighting facilities (if used to illuminate the terms Common Areas), common heating, utility and conditions ventilation facilities and utility, mechanical, telephone and electric rooms, drainage facilities, traffic control signs and fences. 9.2 Landlord hereby gives and grants to Tenant during the Term, for the benefit of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees's subtenants, invitees licensees and customers shall, in common with other occupants of the Parcelconcessionaires, and their respective employees, contractors, customers, invitees and customersdeliverymen, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience all of the Common Areas, in common with Landlord and all other tenants and occupants of the ParcelShopping Center and their respective employees, contractors, agents, assigns, customers, invitees and deliverymen. The rights hereby granted with respect to the Common Areas shall run with and bind the Shopping Center and the land on which areas it is located, shall be binding upon Landlord and facilities are referred Landlord's successors in title to herein as “Common Areaall or any part of the Shopping Center, and shall constitute an irrevocable, nonexclusive easement appurtenant to the Premises for the benefit of, and shall be enforceable by, Tenant and its successors and assigns throughout the Term.” This right 9.3 Unless required by law, Landlord shall terminate upon not alter the termination size or location of this Leasecurb cuts or private drives that provide access to the Shopping Center without providing reasonably equivalent access nor reduce parking ratios within the Shopping Center below that required by Article 16, without the prior written consent of Tenant. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent may designate portions of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use Areas as parking spaces for employees of occupants of the Premises or Shopping Center, subject to the prior written approval of Tenant’s allocation , which consent shall not be withheld if such employee parking located within the No Build Area is located in the row of parking spaces. bordering ▇▇▇▇▇▇▇ Avenue. 9.4 Landlord further reserves the right to promulgate such rules and regulations relating to shall not provide for or knowingly permit the use of the Common AreaAreas by any person or legal entity other than as set forth in Paragraph 9.2. 9.5 Tenant shall not be required to pay its Proportionate Share of any expenses (including Real Property Taxes and Assessments, CAM Expenses or costs of insurance) relating to any land added to the Shopping Center until such land is improved with a building or buildings and such land directly benefits the Shopping Center. 9.6 Landlord shall keep and maintain the Common Areas in good condition and repair in a manner consistent with first class shopping centers of a similar size and nature. Such maintenance shall include repairing and replacing paving; keeping the Common Areas properly drained, free of snow, ice, water, rubbish and other obstructions, and in neat, clean, orderly and sanitary condition; keeping the Common Areas and such other areas suitably lighted during, and for appropriate periods before and after, Tenant's business hours; maintaining signs, markers, painted lines and other means and methods of pedestrian and vehicular traffic control; maintaining adequate roadways, entrances and exits; and maintaining any part plantings and landscaped areas. 9.7 Tenant agrees to reimburse Landlord for Tenant's Proportionate Share of all reasonable expenses incurred directly in connection with the maintenance, repair and operation of the Common Areas ("CAM EXPENSES"). CAM Expenses shall be limited by the terms of Paragraphs 9.8 and 9.9 and the other provisions hereunder. CAM Expenses may include an administrative fee equal to ten (10%) percent of the total of all other expenses included within CAM Expenses hereunder (excluding, however, any and all insurance, taxes and capital expenditures included therein). CAM Expenses invoiced to the Tenant shall identify the nature of each CAM Expense and Tenant's Proportionate Share of such CAM Expense. Tenant shall reimburse Landlord its Proportionate Share of the CAM Expenses within thirty (30) days of its receipt of Landlord's invoice. Alternatively, Landlord may, prior to the Rent Commencement Date or parts thereofthe beginning of any subsequent calendar year, as Landlord may reasonably deem appropriate provide Tenant a written estimate of the CAM Expenses for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, calendar year and Tenant shall abide pay one-twelfth (1/12th) of such estimate as Additional Rent with each payment of Fixed Rent during such calendar year. Within sixty (60) days after the end of each calendar year, Landlord shall furnish to Tenant a detailed statement showing the total CAM Expenses, Tenant's Proportionate Share of such CAM Expenses (prorated for any partial calendar year) and the total of the monthly payments made by them and cooperate in their observanceTenant to Landlord during such calendar year. Such rules and regulations may statement shall be reasonably amended certified by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlordbeing correct. Landlord shall at all times operatepay to Tenant any overpayment concurrently with the delivery of such-statement, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord any underpayment for such year with Tenant’s Pro Rata 's next succeeding CAM Expense payment. Landlord shall keep good and accurate books and records for a period of three (3) years in accordance with generally accepted accounting principles concerning the operation, maintenance and repair of the Common Areas, and Tenant and its agents shall have the right, upon ten (10) days' notice, not more often than once per year, to audit, inspect and copy such books and records at Landlord's principal place of business. If any statement of CAM Expenses previously furnished to Tenant shall be greater than one hundred three percent (103%) of the actual CAM Expenses shown by such audit, Landlord shall immediately pay Tenant's reasonable out-of-pocket costs of such audit for the period audited. In any event, Landlord shall promptly pay Tenant all CAM Expenses shown by such audit to be overpaid by Tenant and Tenant shall promptly pay Landlord all CAM Expenses shown by such audit to be underpaid by Tenant. 9.8 CAM Expenses shall exclude expenses due to: (i) capital improvements; (ii) repairs and replacements, which under sound accounting principles and practices should be classified as capital expenditures; (iii) painting, redecorating or other work that Landlord performs for any other tenant or prospective tenant of the Shopping Center (as compared to periodic repainting of the Building not to exceed once every five (5) years for the benefit of the Premises which may be included within CAM Expenses); (iv) repairs or other work (including rebuilding) occasioned by fire, windstorm or other casualty or by condemnation; (v) any costs that are separately charged to and payable by tenants or for which Landlord is compensated by insurance proceeds or warranties; (vi) leasing commissions and expenses of procuring tenants, including lease concessions and lease take-over obligations; (vii) depreciation, except depreciation of equipment used exclusively for the maintenance of the Shopping Center; (viii) interest on and amortization of debt; (ix) taxes of any nature, including Real Estate Taxes and Assessments (payment of which is specifically addressed in Article 8 above) and interest and penalties for late payment of taxes (unless caused by Tenant's late payment of its Proportionate Share of taxes); (x) rent payable under any lease to which this Lease is subject; (xi) off-premises supervisory personnel or property managers; (xii) costs and expenses of enforcing leases against tenants, including legal fees; (xiii) managing agents' commissions or fees, however characterized; (xiv) expenses resulting from any violation by Landlord of the terms of any lease of space in the Shopping Center or of any ground or underlying lease or any mortgage; (xv) the repair of any part of the Common Areas that was inadequately designed or defectively constructed; (xvi) Landlord's maintenance or repair description as required pursuant to Article 10; (xvii) insurance (payment of which is specifically addressed in Article 21); (xviii) expenses for vacant or vacated space, including utility, security and renovating costs for such space; (xix) all costs as provided in and expenses associated with Environmental Clean-up Work (hereinafter defined) except if caused or permitted by Tenant, its employees, agents, contractors or invitees; and (xx) any costs and expenses associated with Landlord's compliance with Legal Requirements pursuant to Paragraph 12 below7.3 above; and (xxi) parking lot resurfacing and restriping during the first three (3) Lease Years; provided, however, that CAM Expenses may include the annual amortized cost to replace the parking lot within the Shopping Center if replaced after the initial term of the Lease, such amortization to be based upon the useful life of the parking lot (based on generally accepted accounting principles). 9.9 Notwithstanding the foregoing, Tenant's Proportionate Share of CAM Expenses for the first full calendar year during the Term shall not exceed $7,500. After such first full calendar year and through and including the fifth (5th) full calendar year during the term, Tenant's Proportionate Share of CAM Expenses shall not exceed one hundred five percent (105%) of the CAM Expenses paid by Tenant for the preceding calendar year.

Common Area. Subject 7.1. The Common Area is defined to be those areas within the terms area designated as such on Exhibit A attached; and conditions the term Common Area also includes those common access areas which are for the non-exclusive use of tenants (including the Tenant) of the Building of which the Demised Premises are a part, as more particularly described on Exhibit A-2. The term Common Area excludes any areas constructed or allocated for the exclusive use of Tenant or for the exclusive use of Landlord or any other tenant of the Building of which the Demised Premises are a part. 7.2. Landlord grants to Tenant, its licensees, invitees, customers, employees, successors and permitted assigns, during the term of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribeany renewal term, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roadsCommon Area in common with Landlord and other tenants of the Building of which the Demised Premises are a part and their respective licensees, parking areas invitees, customers, employees, successors and facilities provided assigns, subject to the provisions of this Lease, and designated subject to all applicable Piedmont Triad Research Park protective covenants and to those reasonable rules and regulations which may be promulgated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred with respect to herein as “such Common Area.” This right shall terminate upon 7.3. In accordance with usual and customary services provided in connection with similar leased property, Landlord, at its sole cost and expense, will operate, manage, repair and maintain the termination Common Area and all improvements thereon in commercially acceptable first class condition and repair suitable for occupants of this Leasecommercial office space, including making replacements where necessary, and in compliance with all applicable laws and governmental regulations. Landlord reserves the right will, from time to time to make changes in the shapetime, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to governing the use of the Common Area. Except as specifically provided otherwise herein (including, without limitation, those Tenant obligations set forth in subparagraphs 3.2, 7.5, 12.1, and any part or parts thereof12.3), as Landlord may reasonably deem appropriate for will, with respect to the best interest Common Area, pay and be responsible for: (a) supervision, management, inspection, security protection and traffic direction; (b) utilities, including but not limited to, lighting, heating and removing rubbish (excluding Tenant’s garbage and rubbish), dirt and debris; (c) removing snow and ice; (d) window cleaning and replacement, to include the regular washing of all exterior Building windows of the occupants of Demised Premises and elsewhere on the Building; (e) maintenance of HVAC, electrical and plumbing systems and elevators; (f) labor, payroll taxes, materials and supplies in connection with such maintenance and operation; (g) all costs and expenses of landscape maintenance and supplies incidental thereto, painting, and cleaning, sealing, replacing and remarking paved and unpaved surfaces, curbs, directional and other signs for access areas and driveways, landscaping, lighting facilities, drainage and other similar items, and all costs for tools, machinery and equipment used in connection with the above; (h) all premiums on workmen’s compensation, casualty, public liability, property damage and other insurance on the Common Area; and (i) all taxes and other charges levied or assessed against the Common Area, the Land and the Building. 7.4. The Subject to the rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenantdescribed in subparagraphs 4.2 and 7.2, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the Common Area is reserved for the exclusive use of Tenant’s Pro Rata Share Landlord and the tenants of the parking spaces in Building (including Tenant), their employees and business guests. 7.5. Landlord will provide limited security services during Normal Operating Hours as hereinafter defined. To the extent that Landlord or Tenant, and their agents or employees have acted with reasonable prudence with respect to security, neither party will have any liability to the other for loss or damage suffered by the other as a result of unauthorized entrances by persons into the Building or the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or for any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowsecurity violation.

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as 4.01 Landlord may from time to time reasonably prescribe, agrees that Tenant and Tenant’s employees, invitees and customers shall, in common during the term hereof, with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereofothers, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord of the Shopping Center for the general use accommodation and convenience parking of the occupants such automobiles of the ParcelTenant, which areas its officers, agents and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes employees, and its customers while shopping in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to TenantShopping Center. Tenant shall have continuous and uninterrupted access to and from the exclusive use drive up area. 4.02 Landlord shall cause all existing parking facilities, including lighting thereof, to be maintained in reasonably good repair and in reasonably clean condition at all times during the term of this lease. The parking areas and buildings in the shopping center shall be maintained by the Landlord in a reasonably clean and painted condition at all times during all terms of this Lease.The Landlord, at no cost to the Tenant’s Pro Rata Share , shall re-line the entire parking area which services the shopping center prior to the commencement date of the lease. Beginning in the summer of 1999, and every three years thereafter, during the term of this lease, the Landlord, at no cost to the Tenant, shall reline the parking spaces in the Common Area on a “first-comeentire parking area which services the shopping center. Beginning in the summer of 1999 and every five (5) years thereafter, first served” basis the Landlord, at no cost to Tenant during the Term Tenant, shall paint the exterior of all buildings which are located in the shopping center. 4.03 If the Landlord erects additional buildings or any extension structures on the shopping center premises, the landlord agrees and covenants that no structure or renewal building(s) shall be built on the portion of the Termcenter which is currently hot topped and is occupied by buildings. Tenant shall The landlord agrees that in the event of any future development of the shopping center that the current parking spaces and sizes will not at be reduced and that all future parking will comply with the zoning regulations regarding the amount of spaces and the size of spaces without variance or exception. Landlord further covenants and agrees that any time park future buildings or permit structures will not block the visibility of the leased premises from Andover Street and from River Road. 4.04 Accumulations of snow will be removed by the Landlord from existing parking areas and other existing common areas of Tenant’s trucks or other vehicles, or the trucks or other vehicles shopping center and from the drive-up teller area of others, adjacent the leased premises including all exits and entrances to loading areas the shopping area and all exits and entrances from the drive up teller area. All snow accumulations and will be deposited in such locations as are feasible so as to interfere in any way with the permit unimpeded use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion drive up teller area and of the Common Area not designated by shopping center parking areas. If the Landlord for fails to commence clearing the snow within one hour after the snow ceases or prior to 7:30 a.m. on the morning after the snow storm, the Tenant is granted permission to remove the snow at the expense of the Landlord and the Landlord shall pay such use by Tenant. bill less the pro-rata share of the T▇▇▇▇t. The Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions be responsible to pay to the Common Area without prior written approval landlord an amount equal to 40% of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repairsnow plowing. 4.05 The Landlord shall pay all costs and expenses of every kind and nature in operating, maintenancemanaging, operationequipping, insurance policing, lighting, repairing, replacing and managementmaintaining, landscaping and gardening in all parking area of the shopping center (including without limitation, maintenance any future parking subsequently installed in the Shopping Center for the common use of customers and repair employees of landscaping, irrigation systems, paving, sidewalks, fencesthe Shopping Center), and lightingall other common areas of the Shopping Center including, furnishing receptacles for trash storage for the Tenants, and providing daily cleaning of the common areas. Landlord shall pay the electricity cost of all outside lighting and the cost of water and sewer services for the shopping center and the leased premises. All services listed in this paragraph 4.05 shall be a Common Area Charge and referred to as common area maintenance expenses. The Tenant shall pay to the Landlord Tenant’s Pro Rata Share as its pro-rata share of such costs the common area maintenances the monthly sum of $325.00 during the term or terms of this lease. Such monthly sum shall be adjusted every two years according to increases or decreases in the consumer price index in the same manner as provided adjustments of rent as described in Paragraph 12 belowSection 2 of this lease, but the monthly amount shall never be less than $325.00 per month. Such payment shall be made in the same manner as monthly rent. 4.06 The Town of Tewksbury, Massachusetts separately assesses the land and the building of the Leased Premises. and other improvements on the other. The taxes so assessed are shown in Exhibit D attached hereto and made a part hereof. The Landlord represents that the present real estate tax for the leased premises is $6700.

Common Area. Subject 7.1 The "COMMON AREA" is the part of the Shopping Center designated by Landlord from time to time for the terms common use of all tenants, including parking areas (including multi-level parking structures), sidewalks, landscaping, curbs, loading areas, private streets and conditions alleys, lighting facilities, hallways, malls and restrooms, all of this Lease which are subject to Landlord's sole control. Landlord shall maintain the Common Area and such rules keep it clean and regulations as free of snow and ice. Landlord may from time to time reasonably prescribetime: change the dimensions and location of the Common Area, as well as the location, dimensions, identity and type of buildings; construct additional buildings or additional stories on existing buildings or other improvements in the Shopping Center; and eliminate buildings. Tenant and Tenant’s its employees, invitees customers, subtenants, licensees and customers shall, concessionaires shall have a non-exclusive license to use the Common Area in common with Landlord, other occupants tenants of the Parcel, Shopping Center and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right other persons permitted by Landlord to use the access roads, parking areas same. Landlord may promulgate and facilities provided modify from time to time reasonable and designated by Landlord nondiscriminatory rules and regulations for the general use and convenience safety, care or cleanliness of the occupants Shopping Center which shall be complied with by Tenant and its employees, agents, visitors and invitees. Landlord may temporarily close any part of the ParcelCommon Area for such periods of time as may be reasonably necessary for construction, repair or maintenance, promotional activities or to prevent the public from obtaining prescriptive rights or to make repairs or alterations. Landlord may designate areas in which areas Tenant's employees shall be required to park (which may be located off the Shopping Center if Landlord provides a reasonable shuttle service), and facilities are referred Tenant shall cause its employees to herein as “Common Area.” This park in such areas. Landlord shall also have the right shall terminate upon the termination of this Leaseto designate office and residential parking areas. Landlord reserves the right to charge for use of any multi-level parking structures. 7.2 Landlord may from to time to time substitute for any parking area shown on EXHIBIT B other areas or multi-level parking facilities reasonably accessible to make changes in the shape, size, location, amount and extent tenants of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability Shopping Center. 7.3 Provided Tenant is not in default under this Lease beyond any applicable notice and cure period, Landlord agrees to have access to place a station for pick up and use drop off of vehicles in front of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of parking valet system serving the occupants of the Building. The rules Shopping Center and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis maintain service at no cost to Tenant this station during the Term or any extension or renewal of the Term. Lease during the hours Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord is open for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions business to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowpublic.

Common Area. Subject Common Areas" shall mean all areas, spaces, facilities and equipment (whether or not located within the Building) made available by Landlord for the common and joint use of Landlord, Tenant and others designated by Landlord using or occupying space in the Building, including but not limited to, tunnels, walkways, sidewalks and driveways necessary for access to the Building, Building lobbies, the Garage, landscaped areas, public corridors, public rest rooms, Building stairs, elevators open to the public, service elevators (provided that such service elevators shall be available only for tenants of the Building and others designated by Landlord), drinking fountains and any such other areas and facilities as are designated by Landlord from time to time as Common Areas. "Service Corridors" shall mean all loading docks, loading areas and all corridors that are not open to the public but which are available for use by Tenant and others designated by Landlord. "Service Areas" will refer to areas, spaces, facilities and equipment serving the Building (whether or not located within the Building) but to which Tenant and other occupants of the Building will not have access, including, but not limited to, mechanical, telephone, electrical, maintenance, janitorial and similar rooms and air and water refrigeration equipment. Tenant is hereby granted a nonexclusive right to use the Common Areas and Service Corridors during the term of this Lease for their intended purposes, in common with others designated by Landlord, subject to the terms and conditions of this Lease Lease, including, without limitation, the Rules and such rules Regulations and regulations the Garage Parking Agreement attached hereto as Landlord may from time to time reasonably prescribeExhibit F. The Building, Tenant Common Areas, Service Corridors and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall Service Areas will be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operateunder the exclusive control, manage, insure, maintain management and repair operation of the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein Subject to Tenant's repair and maintenance obligations under this Lease, Tenant agrees and acknowledges that the Premises (whether consisting of less than one floor or in Addendum One, consisting of one or more full floors within the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fencesBuilding) do not include, and lightingLandlord hereby expressly reserves for its sole and exclusive use, shall be a Common Area Charge any and Tenant shall pay to Landlord Tenant’s Pro Rata Share all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling and any other areas not specifically shown on Exhibit B as being part of such costs as provided in Paragraph 12 belowthe Premises.

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s 's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive nonexclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “"Common Area.” . This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes shall prevent or materially diminish or do not adversely affect Tenant’s ability to have 's access to and or use of the Premises or Tenant’s allocation of parking spacesPremises. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the BuildingParcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant’s Pro Rata Share no more than three hundred (300) of the parking spaces in the Common Area on a “first-come, first served” basis at no cost as designated from time to Tenant during the Term or any extension or renewal of the Termtime by Landlord. Tenant shall not at any time park or permit the parking of Tenant’s 's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s 's vehicles or trucks, or the vehicles or trucks of Tenant’s 's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of LandlordArea. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered reasonable business discretion of Landlord. Except as excluded herein or in Addendum One, the The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share its share of such costs as provided in Paragraph 12 below.

Common Area. Subject i.) The "Common Area" is part of the property designated by Landlord from time to time for the terms common use of all Tenants, including among other facilities, parking area, sidewalks, landscaping, curbs, loading areas, private streets, alleys, lighting facilities, signs and conditions other areas and improvements provided by Landlord for the common use of this Lease all Tenants, all of which shall be subject to Landlord's sole management and control and shall be operated and maintained in reasonably good order and condition, except for damage occasioned by Tenant, or its employees, agents or invitees. Landlord reserves the right to change from time to time the dimensions and location of the Common Area as well as the location, dimensions, identity and type of any building shown on Exhibit B-1 and to construct additional buildings or additional stories on existing buildings or other improvements on the property and to eliminate buildings from the plan shown on Exhibit B-1. Tenant and its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive right and license to use the Common Area as constituted from time to time, such use to be in common with Landlord, other Tenants of the building and other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may from time to time reasonably prescribe, Tenant and including the designation of specific areas within the property or in reasonable proximity thereto in which automobiles owned by the Tenant’s , its employees, invitees subtenants, licensees and customers shallconcessionaires shall be parked. Tenant will furnish to Landlord upon request a complete list of license numbers of all automobiles operated by Tenant, in common with other occupants of the Parcel, and their respective its employees, invitees and customerssubtenants, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent licensees or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Termconcessionaires. Tenant shall not at solicit business or display merchandise within the Common Area without the prior written consent of the Landlord. Landlord may temporarily close any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion part of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles periods of time as may be necessary to prevent the public from obtaining prescriptive rights or equipment on any portion of the Common Area. Tenant shall to make no repairs or alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below.

Common Area. Subject to A. The term "Common Area" means the terms and conditions of this Lease and such rules and regulations as Landlord may entire area designated from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord Lessor for the general common use and convenience or benefit of the occupants of the ParcelShopping Center and other persons entitled to use the same, which areas including, without limitation, parking lots (permanent and temporary), landscaped and vacant areas, passages for trucks and automobiles, area-ways, roads, walks, roof, curbs, corridors, courts and arcades, together with facilities are referred such as washrooms, comfort rooms, lounges, drinking fountains, toilets, stairs, ramps, shelters, community rooms, porches and bus stations, with facilities appurtenant to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shapeeach, sizeand common utility facilities, locationwater filtration and treatment facilities (including, amount but not limited to, treatment plants and extent settling ponds), whether located within or outside of the Common Area; provided that no Shopping Center (provided, however, the costs and expenses of such changes facilities included within paragraph (B) below shall prevent include only those related to the operation, maintenance, repair or materially diminish or adversely affect Tenant’s ability to have access to and use replacement of the Premises Shopping Center). Lessor shall operate and maintain the Common Area or Tenant’s allocation of parking spacesshall cause the same to be operated and maintained in a manner deemed by Lessor reasonable or appropriate for the Shopping Center. Landlord further reserves the right Subject to promulgate such reasonable, nondiscriminatory rules and regulations relating to be promulgated by Lessor, including the designation of specific areas within the Shopping Center or in reasonable proximity thereto in which automobiles owned by Lessee, its employees, subtenants, licensees and concessionaires may be parked, and subject to the use rights of other tenants, licensees or concessionaires already or to be granted therein, the Common AreaArea is hereby made available to Lessee and its employees, agents, customers and invitees for their reasonable nonexclusive use in common with others, including other tenants and their employees, agents, customers, invitees, and any part or parts thereof, as Landlord may reasonably deem appropriate Lessor for the best interest of the occupants of the Buildingpurposes for which constructed. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant Lessor shall have the exclusive use right: to change the location and arrangement of Tenant’s Pro Rata Share parking areas and other Common Area provided that Lessor maintains a parking ratio of the not less than 4.5 parking spaces in per 1,000 square feet of leaseable area within the Common Area on a “first-come, first served” basis at no cost Shopping Center; to Tenant during construct surface or elevated parking areas and facilities; to establish and change the Term level of parking surfaces; to close all or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for to such use by Tenant. Tenant shall not abandon extent as may, in the opinion of Lessor's counsel, be necessary to prevent a dedication thereof or the accrual of any inoperative vehicles rights to any person or equipment on to the public therein or to make repairs or alterations; to close temporarily any portion or all portions of the Common Area; and to do and perform such other acts in and to said area and improvements as, in the exercise of good business judgment, Lessor shall determine to be advisable with a view to the improvement of the convenience and use thereof by tenants and their agents, contractors, servants, employees, licensees, customers and business invitees. Tenant Lessee shall make no alterationsnot solicit business or display merchandise within the Common Area, improvements or additions distribute handbills therein, or take any action which would interfere with the rights of other persons to use the Common Area without the prior written approval consent of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowLessor.

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking The term “Project Common Area” or “Common Area” shall mean all areas and facilities provided within the Project that are defined in the Skyport Plaza (Adjusted Parcel II) Declaration of Common Easements, Covenants, Conditions and Restrictions (the “Declaration”) as “Parcel II Common Area”, and that are located outside the perimeter footings of any buildings now or hereafter located in the Project, and any other areas within the Project that are reasonably designated as Common Areas by Landlord; provided, however, as long as Tenant leases one hundred percent (100%) of the Building, no portion of the Building or any other building now or hereafter located in the Project shall be designated as a Common Area. Landlord and Tenant acknowledge that pursuant to the Declaration, the EOP Owner (as defined in the Declaration) is responsible for the general use maintenance, repair, insurance and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use replacement of the Common Area, all on the terms and any part or parts thereofconditions of, and subject to the allocation and assessment of costs incurred as provided in, the Declaration. Accordingly, (i) neither Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. The rules and regulations nor Tenant shall be binding upon Tenant upon delivery of a copy of them to Tenantresponsible for maintenance, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to timerepair, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term insurance or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion replacement of the Common Area. , provided that Landlord shall use commercially reasonable efforts to enforce the obligations of the EOP Owner under the Declaration, and (ii) Tenant shall make no alterationsbe responsible for payment, improvements or additions as an “Expense” hereunder, of all “Assessments” attributable to the Common Area without prior written approval “Brocade Parcel” pursuant to the terms of Landlord. Landlord shall at all times operateArticle IV of the Declaration, manageprovided, insurehowever, maintain and repair the Common Area that any portion of Assessments that is attributable to a Capital Expenditure (as defined in good order, condition and repair. The manner in which the Common Area Section 7(d) below) shall be maintained amortized over the useful life of the capital item in question as determined in accordance with the Practice Standard (as defined in Section 3(b)((i)(D)(1)(v)), together with interest on the unamortized balance at the Amortization Rate (as defined in Section 3(b)(i)(D)(1)(v)), and only the expenditures for annual amortized portion of such maintenance cost shall be at included in Expenses and payable by Tenant in any year. Costs that are chargeable to Brocade Owner or otherwise made the unfettered discretion responsibility of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fencesBrocade Owner under the Declaration which are not Assessments, and lightingwhich do not result from the actions of Tenant, shall not be a Common Area Charge and the responsibility of Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowhereunder.

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s 's employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive nonexclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “"Common Area.” . This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; Area provided that no area located outside the Parcel shall be included within the Common Areas and provided that such changes shall prevent or materially diminish or do not adversely affect Tenant’s ability to have 's access to and or use of the Premises or Tenant’s allocation of parking spacesPremises. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the BuildingParcel. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in 18 their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with or without advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the non-exclusive use of Tenant’s Pro Rata Share no more than three hundred (300) of the parking spaces in the Common Area on a “first-come, first served” basis at no cost as designated from time to Tenant during the Term or any extension or renewal of the Termtime by Landlord. Tenant shall not at any time park or permit the parking of Tenant’s 's trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s 's vehicles or trucks, or the vehicles or trucks of Tenant’s 's suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of LandlordArea. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered reasonable business discretion of Landlord. Except as excluded herein or in Addendum One, the The cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share its share of such costs as provided in Paragraph 12 below.

Common Area. Subject Tenant may, subject to rules prescribed by Landlord, use the terms and conditions of this Lease and such rules and regulations as following areas on the Land or within the Building (“Building Common Area”) that are designated by Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, be used in common with Landlord and/or other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Common Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants tenants of the Building. The rules : hallways, stairwells, entranceways, restroom facilities, refuse facilities, landscaped areas, driveways necessary for access to the Premises, parking spaces and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate other common facilities located in their observance. Such rules and regulations may be reasonably amended the Building and/or on the Land designated by Landlord from time to timetime for the common use of all tenants of the Building. Tenant may, subject to any CC&Rs and any Rules or Regulations, use the following areas of the Project (“Project Common Area”) in common with advance noticeLandlord, tenants of the Building and/or other owners, tenants or lawful users of the Project: refuse facilities, landscaped areas, roads, driveways necessary for access to the Premises, parking spaces, retention basins and other common facilities designated by Landlord from time to time for the common use of all amendments tenants and owners of the Project. The Building Common Area and the Project Common Area are collectively referred to herein as the “Common Area”. Landlord shall not be effective upon delivery responsible for non-compliance by any other tenant or occupant of a copy the Project with, or Landlord’s failure to enforce, any of them to Tenantthe Rules or Regulations or CC&Rs or any other terms or provisions of such tenant’s or occupant’s lease. Tenant shall have promptly comply with the exclusive reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Under no circumstances shall the right herein granted to use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-comebe deemed to include the right to store any property, first served” basis at no cost to Tenant during the Term temporarily or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or otherspermanently, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant In the event that any unauthorized storage shall make no alterationsoccur, improvements or additions then Landlord shall have the right, without notice, in addition to such other rights and remedies it may have, to remove the Common Area without prior written approval of property and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord. Landlord shall at all times operate, manage, insure, maintain may change the shape and repair size of the Common Area Areas, including the addition of, elimination of or change to any improvements located in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for Areas, so long as such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be change does not have a Common Area Charge and Tenant shall pay to Landlord material adverse impact on Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 below.

Common Area. Subject Each Owner shall have, as appurtenant to his, her, or its Airspace Lot an undivided interest in [Common Area] Parcel 4, in the proportions described in Exhibit “B” attached hereto, which is the Common Area. The common interest appurtenant to each Airspace Lot is declared to be permanent in character and cannot be altered without the consent of all the Owners affected and the Sobrato Trust, as expressed in an amended Declaration. The undivided common interest cannot be separated from the Airspace Lot, and any conveyance, demise or other transfer of the Airspace Lot shall include the undivided common interest, the Owner’s membership in the Association, and any other benefits or burdens appurtenant to that Owner’s Airspace Lot. Each Owner may use the Common Area pursuant to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shallDeclaration, in common accordance with the purposes for which it is intended, without hindering the exercise of, or encroaching upon, the rights of any other occupants of the ParcelOwners, and their respective employees, invitees and customers, and others entitled subject to the use thereof, have the non-exclusive right to use the access roads, parking areas and facilities provided and designated by Landlord for the general use and convenience rights of the occupants of the Parcel, which areas and facilities are referred to herein as “Common Area.” This right shall terminate upon the termination of this Lease. Landlord reserves the right from time to time to make changes each Owner in the shape, size, location, amount and extent of the Restricted Common Area; provided Area appurtenant to that no such changes shall prevent or materially diminish or adversely affect TenantOwner’s ability to have access to and use of the Premises or Tenant’s allocation of parking spacesAirspace Lot. Landlord further reserves the right to promulgate such rules and regulations relating to the The use of the Common AreaArea by the Sobrato Trust as a fee owner of an Airspace Lot shall be limited and restricted to the rights and use appurtenant to such Airspace Lot as described in this Declaration, and shall be further subject to any part Ground Lease or parts thereof, as Landlord may reasonably deem appropriate any other long term airspace or ground lease for the best interest such Airspace Lot. The Common Area shall include all of the occupants of physical structures and improvements contained within [Common Area] Parcel 4 including the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to TenantPodium Garage, the above-grade parking structure, and Tenant shall abide by them other improvements, such as storm and cooperate in their observance. Such rules sanitary sewers, water lines, pumps, storage tanks, fire detection and regulations suppression systems, fans, and electrical and mechanical systems, certain portions of which may be reasonably amended by Landlord from time Restricted Common Area reserved for and allocated to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share a particular Airspace Lot pursuant to an Exclusive Airspace Lot Easement. The Airspace Lot to which such Restricted Common Area is reserved, set aside and allocated, shall have an exclusive easement over such areas for the benefit of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowaffected Airspace Lot.

Common Area. (A) Subject to the terms and conditions of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribesubparagraph (C) below, Tenant and Tenant’s its employees, invitees agents, and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, shall have the non-exclusive right to the use or benefit of the access roadsCommon Area to the extent and in the manner reasonably designated by Landlord. Except as otherwise specified in this Lease, parking areas Landlord agrees to make all necessary repairs and maintenance to the Common Area to keep same in good condition, including without limitation sweeping and removal of snow, ice and refuse, and landscaping maintenance. (B) “Common Area” is hereby defined as the areas, equipment and facilities provided and designated of the Shopping Center or of any other land or property made available by Landlord for the general use and safety, benefit or convenience of tenants or their employees, subtenants, customers or invitees, including (as illustrations and not in limitation): parking areas, driveways, truck serviceways, sidewalks and curbs; entrances and exits from the adjacent streets; traffic lights, traffic islands, landscaped areas; meter rooms outside individual stores; fencing; lighting facilities; sprinkler system serving landscaped areas or buildings; sewage system outside tenants’ stores; roofs, gutters and downspouts and the exterior of outside walls (excluding storefronts) of buildings (without implying Tenant may use the roofs or outside walls); directional or safety signs; Landlords pylon signs (but not individual tenant panels) and sign panels which identify the Shopping Center. Tenant acknowledges that the Common Area may also be used by occupants and/or invitees of properties adjoining the ParcelShopping Center, which areas and facilities are referred to herein as “Common Areawhether or not owned, leased or managed by Landlord.” This right shall terminate upon the termination of this Lease. (C) Landlord reserves the right at any time and from time to time to make changes in the shape, size, location, amount and extent of change or reduce or add to the Common Area. Common Area shall be under the exclusive control and management of Landlord (including the hours that parking area lights are kept on). Tenant and its employees shall park their vehicles only in areas Landlord designates for employee parking; provided that no such changes if after one (1) violation notice is given to Tenant a violation recurs by Tenant or its employees parking vehicles in other than the employee parking areas, Landlord shall prevent or materially diminish or adversely affect Tenant’s ability to have access to and use of the Premises or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate tow such rules and regulations relating to the use vehicle at Tenant’s expense and/or levy an assessment against Tenant of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate Forty ($40.00) Dollars per day for the best interest of the occupants of the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenanteach vehicle. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces not permit trucks or delivery vehicles used by it to be parked in the Common Area on a “first-comeexcept where Landlord permits. Landlord may impose parking charges by meter or otherwise, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion and may close parts of the Common Area not designated by Landlord for such use by Tenanttime necessary in its opinion to prevent a dedication or accrual of rights in other persons, or to discourage non-customer parking. Tenant Landlord shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions be obligated (although it may do so at its option) to keep the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein illuminated to any extent after 10:00 P.M. or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowon any Sunday or legal holiday.

Common Area. Subject to Throughout the terms and conditions Term of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribeLease, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, shall have the non-exclusive right to the use, in common with others, of the Common Area and the Facility Common Area subject to the provisions of this Lease, all Applicable Laws and the Rules and Regulations referred to in Article XVII and incorporated herein by reference. Tenant's right to use the access roads, parking areas Common Area and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Facility Common Area.” This right Area shall terminate upon the termination of this Lease. Landlord reserves for itself and for all other owner(s) and operator(s) of the Common Area, the Facility Common Area and the balance of the Facility, the right from time to time time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, except as expressly set forth in Section 11.06 hereof, to: (i) install, use, maintain, repair, replace and relocate pipes, ducts, conduits, wires and appurtenant meters and equipment above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building; (ii) make changes in to the shape, size, location, amount design and extent layout of the Common Area; provided that no such Facility, including, without limitation, changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to buildings, driveways, entrances, passageway, doors and use doorways, corridors, elevators, stairs, toilets and other public parts of the Premises Facility, loading and unloading areas, direction of traffic, landscaped areas, walkways and parking spaces and parking areas; and (iii) use or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of close temporarily the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest Facility Common Area and/or other portions of the occupants of Facility or the Project while engaged in making improvements, repairs or alterations to the Building. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in the Common Area on a “first-come, first served” basis at no cost to Tenant during the Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area, the Facility Common Area, the Facility, or any portion thereof and (iv) change the name and numbers of designation by which the Building and the Facility are commonly known. Tenant shall make no alterations, improvements or additions to In the Common Area without prior written approval of Landlord. event that Landlord shall at unilaterally change the name or street Building or the suite number of the Premises, Landlord shall provide Tenant with ninety (90) days advance written notice thereof and Landlord shall reimburse Tenant for all times operatereasonable costs incurred by Tenant as a result thereof, manageincluding, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum Onewithout limitation, the cost of such repairTenant's address change announcements and replacement of existing stock stationery. To the extent the location or amount, maintenanceor both, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge changes or the Facility Common Area changes in or during any calendar year Landlord shall include the Common Area and Tenant the Facility Common Area, as so adjusted and calculated, for purposes of calculating Operating Expenses for such portion of the calendar year as such change was in and all subsequent calendar years. In connection with the exercise of any of the foregoing rights, Landlord shall pay use its reasonable efforts to Landlord exercise such rights in a manner intended to minimize material interference with Tenant’s Pro Rata Share 's use of such costs as provided in Paragraph 12 belowthe Premises.

Common Area. Subject to Throughout the terms and conditions Term of this Lease and such rules and regulations as Landlord may from time to time reasonably prescribeLease, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, shall have the non-exclusive right to the use, in common with others, of the Common Area and the Facility Common Area subject to the provisions of this Lease, all Applicable Laws and the Rules and Regulations referred to in Article XVII and incorporated herein by reference. Tenant's right to use the access roads, parking areas Common Area and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Parcel, which areas and facilities are referred to herein as “Facility Common Area.” This right Area shall terminate upon the termination of this Lease. Landlord reserves for itself and for all other owner(s) and operator(s) of the Common Area, the Facility Common Area and the balance of the Facility, the right from time to time time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to: (i) install, use, maintain, repair, replace and relocate pipes, ducts, conduits, wires and appurtenant meters and equipment above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building, provided, however, nothing contained herein shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Building, the Facility or any part thereof, other than as herein expressly provided; (ii) make changes in to the shape, size, location, amount design and extent layout of the Common Area; provided that no such Facility, including, without limitation, changes shall prevent or materially diminish or adversely affect Tenant’s ability to have access to buildings, driveways, entrances, passageway, doors and use doorways, corridors, elevators, stairs, toilets and other public parts of the Premises Facility, loading and unloading areas, direction of traffic, landscaped areas, walkways and parking spaces and parking areas; and (iii) use or Tenant’s allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the use of close temporarily the Common Area, and the Facility Common Area and/or other portions of the Facility or the Project while engaged in making improvements, repairs or alterations to the Building, the Common Area, the Facility Common Area, the Facility, or any part or parts portion thereof, as Landlord may reasonably deem appropriate for and (iv) change the best interest name and numbers of designation by which the Building and the Facility are commonly known. In connection with the performance of any of the occupants foregoing, Landlord shall use its reasonable efforts to perform same in a manner intended to minimize material interference with Tenant's use of the BuildingPremises; provided however, Landlord shall not be obligated to use overtime or premium-pay labor in connection therewith. The rules and regulations To the extent the location or amount, or both, of Common Area changes or the Facility Common Area changes in or during any calendar year Landlord shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s Pro Rata Share of the parking spaces in include the Common Area on a “first-comeand the Facility Common Area, first served” basis at no cost to Tenant during the Term or any extension or renewal as so adjusted and calculated, for purposes of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to loading areas so as to interfere in any way with the use of calculating Operating Expenses for such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for calendar year as such use by Tenant. Tenant shall not abandon any inoperative vehicles or equipment on any portion of the Common Area. Tenant shall make no alterations, improvements or additions to the Common Area without prior written approval of Landlord. Landlord shall at change was in and all times operate, manage, insure, maintain and repair the Common Area in good order, condition and repair. The manner in which the Common Area shall be maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a Common Area Charge and Tenant shall pay to Landlord Tenant’s Pro Rata Share of such costs as provided in Paragraph 12 belowsubsequent calendar years.