Common use of Common Areas; Use, Maintenance and Costs Clause in Contracts

Common Areas; Use, Maintenance and Costs. (a) Common Areas. As used in this Lease, “Common Area” shall mean all areas within the Project which are available for the common use of tenants of the Project and which are not leased or held for the exclusive use of Tenant or other tenants or occupants, including but not limited to, to the extent applicable to the Project, non-exclusive vehicle parking areas and non-exclusive trailer parking stalls, driveways, sidewalks, landscaped areas and the facilities and improvements necessary for the operation thereof. Landlord reserves the right at any time and from time to time, in Landlord’s sole discretion, to change, modify, reduce or add to the Common Areas, decorate and make repairs, alterations, additions, changes or improvements, whether structural or otherwise, to the Common Areas, change, alter, relocate, remove or replace service areas, or otherwise alter or modify the Common Areas and to take such measures for safety or for the expediting of such work as may be required, in Landlord's judgment, all without affecting any of Tenant's obligations hereunder, provided such work shall be performed in such a way as to not prevent Tenant’s use of the Premises for the Permitted Use. The Common Areas shall be under the exclusive control and management of Landlord and/or the Declarant and/or CC&R Management Company, as applicable. No site plan attached to this Lease shall be deemed a representation or warranty by Landlord that the Project is or will remain as shown thereon and Landlord shall have the right to modify the same without the consent of Tenant. Landlord may relocate, increase, reduce or otherwise change the number, dimensions, or locations of the parking areas, drives, exits, entrances, walks or any other Common Areas, parcels, buildings or premises of other tenants. Landlord shall also have the right, in its sole and absolute discretion, to subdivide and/or sell or transfer portions of the Project. Tenant acknowledges that such activities may result in and increase or decrease Common Area land or facilities and/or an inconvenience to Tenant. Such activities are permitted if they do not prevent Tenant's use of the Premises for the Permitted Use. Tenant waives any claim for rent abatement, loss of business or damages arising out of any inconvenience allegedly experienced by Tenant during the course of the initial construction of the Project or any other alteration, improvement or work by Landlord pursuant to this Lease.

Common Areas; Use, Maintenance and Costs. (a) A. Common Areas. As used in this Lease, “Common AreaAreas” shall mean all areas within the Project which are available for the common use of tenants of the Project pursuant to applicable common access easements or other restrictions binding on owners of land within the Project, and which are not leased or held for the exclusive use of Tenant or other tenants or occupantstenants, including including, but not limited to, to the extent applicable to the Project, non-exclusive vehicle parking areas and non-exclusive trailer parking stalls, driveways, sidewalkslandscaped, landscaped drainage and planted areas as shown on Exhibits “A-1” and “B” and Project monument signage. Any portion of the facilities Common Areas located on the Project are subject to certain maintenance and improvements necessary for repair obligations pursuant to recorded restrictions, the operation thereofduty and cost of performance shall be subject to Sections 4.05D and 6.03 of this Lease. Landlord reserves the right at any time and Landlord, from time to time, in Landlord’s sole discretionmay create Common Areas by recordation of a declaration of covenants, to changeconditions, modifyand restrictions for the Project, reduce or add to may change the size, location, nature and use of any of the Common Areas, decorate and make repairsconvert Common Areas into leasable areas, alterations, additions, changes or improvements, whether structural or otherwise, to construct additional parking facilities (including parking structures) in the Common Areas, change, alter, relocate, remove or replace service areas, or otherwise alter or modify the Common Areas and to take such measures for safety or for the expediting of such work as may be required, in Landlord's judgment, all without affecting any of Tenant's obligations hereunder, provided such work shall be performed in such a way as to not prevent Tenant’s use of the Premises for the Permitted Use. The Common Areas shall be under the exclusive control and management of Landlord and/or the Declarant and/or CC&R Management Company, as applicable. No site plan attached to this Lease shall be deemed a representation or warranty by Landlord that the Project is or will remain as shown thereon and Landlord shall have the right to modify the same without the consent of Tenant. Landlord may relocate, increase, reduce or otherwise change the number, dimensions, or locations of the parking areas, drives, exits, entrances, walks or any other Common Areas, parcels, buildings or premises of other tenants. Landlord shall also have the right, in its sole and absolute discretion, to subdivide and/or sell or transfer portions of the Project. Tenant acknowledges that such activities may result in and increase or decrease Common Area land or facilities and/or an inconvenience to Tenantfacilities. Such activities and changes are permitted if they do not prevent provided Tenant's ’s use of and access to the Premises are not unreasonably or significantly impaired. B. Use of Common Areas; Rules and Regulations. Tenant shall have the nonexclusive right (in common with other tenants and all others to whom Landlord has granted or may grant such rights) to use the Common Areas for the Permitted Usepurposes intended, subject to recorded restrictions and conditions and to such reasonable rules and regulations as Landlord may establish from time to time. Tenant waives shall abide by such rules and regulations and shall use reasonable efforts to cause others who use the Common Areas with Tenant’s express or implied permission to abide by Landlord’s rules and regulations. During the Lease Term, Landlord shall enforce the rules and regulations with reasonable commercial diligence based upon notification to Landlord of alleged infractions. At any claim for rent abatementtime, loss Landlord may close any Common Areas to perform any acts in the Common Areas as, in Landlord’s judgment, are desirable to improve the Project, provided Tenant’s use of business and access to the Premises are not unreasonably or damages arising out significantly impaired. Tenant shall not interfere with the rights of Landlord, other tenants or any inconvenience allegedly experienced by other person entitled to use the Common Areas. Notwithstanding anything contained in the Rules and Regulations attached hereto, Landlord acknowledges and agrees that Tenant during shall have access to the course of the initial construction roof of the Project for installation and maintenance of its HVAC equipment; provided, however, that (i) all such installation and maintenance shall be at Tenant’s sole cost and expense, (ii) such equipment does not interfere with the operation of or access to any other alteration, improvement existing rooftop installations; and (iii) Tenant shall indemnify and hold Landlord harmless from any costs or work other damages incurred by Landlord pursuant as a result of the installation and operation of Tenant’s rooftop equipment. Tenant shall submit to this LeaseLandlord for Landlord’s approval, which approval will not be unreasonably withheld or delayed, drawings showing the location of any such equipment Tenant desires to place on the Project’s rooftop.