Common use of OPERATION AND MAINTENANCE OF COMMON AREAS Clause in Contracts

OPERATION AND MAINTENANCE OF COMMON AREAS. Without limiting the scope of such discretion, Landlord shall have the full right and authority to employ all personnel and to establish, modify and enforce reasonable rules and regulations necessary for the proper operation and maintenance of the Common Areas. Landlord shall have the right to close from time to time all or any portion of the Common Areas to such extent as, in the opinion of Landlord’s legal counsel, may be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person (other than Tenant) or the public therein; provided at all times Tenant shall be provided with reasonable access to the Premises, the Building and Tenant’s parking to be provided herein. So long as Landlord does not unreasonably impede access to and from the Premises for Tenant and Tenant Parties, Landlord shall also have the right at any time, to modify the Common Areas, to change the arrangement and/or location of entrances, lobbies, parking facilities, passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Project or Building and to change the name, number or designation by which the Building or Project is commonly known. If the amount of such Common Areas is diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of Rent, nor shall such diminution of such Common Areas be deemed constructive or actual eviction, Tenant shall have the right throughout the Lease Term to use non-reserved parking spaces, on a non-exclusive basis jointly with other tenants of the Building, and their employees, agents and invitees, subject to reasonable rules and regulations which may be changed from time to time, which Landlord may from time to time designate for use by patrons of the Project. If Tenant permits or allows any of the prohibited activities described above, then Landlord shall have the right, in addition to such other rights and remedies that Landlord may have, to remove or tow away the vehicle involved and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord.

OPERATION AND MAINTENANCE OF COMMON AREAS. Without limiting SECTION 6.01: The manner in which the scope parking and adjacent common areas shall be maintained and operated and the expenditures therefore shall be at the sole discretion of the Lessor and the use of such discretionareas and facilities shall be subject to such regulations as Lessor shall make from time to time. Lessor shall not impose such regulations that would have an adverse, Landlord negative effect on the operation of the Lessee's business. SECTION 6.02: Lessee agrees to pay as rent to Lessor in the manner hereinafter provided, but not more often than once monthly, Lessee's proportionate share of all costs and expenses of every kind and nature paid or incurred by Lessor in operating, equipping, policing and protecting, lighting, insuring repairing, replacing and maintaining the common areas. Such costs and expenses shall have the full right and authority to employ all personnel and to establishinclude, modify and enforce reasonable rules and regulations necessary for the proper operation but not be limited to, illumination and maintenance of the Common Areas. Landlord shall have the right premises, signs, cleaning, lighting, line painting, landscaping, sewer and premiums for liability and property insurance; and an amount equal to close from time to time all or any portion Lessee's proportionate share of fifteen percent (15%) of the Common Areas total of all of the foregoing costs and expenses to cover administrative cost. Any utilities furnished or supplied to any Lessee or the building which are not separately metered, shall be considered a cost to maintain the common areas and shall be included as part of such extent ascost. For the purpose hereof, any charges for utilities contained in the opinion of Landlord’s legal counsel, may foregoing costs and expenses shall be legally sufficient at the same rates as the rates for comparable service from applicable utility company serving the area in which the premises is located. The proportionate share to prevent a dedication thereof or the accrual of any rights to any person (other than Tenant) or the public therein; provided at all times be paid by Tenant shall be provided with reasonable access computed on the basis that the total number of square feet of floor area in the leased premises bears to the Premisestotal number of square feet of constructed leasable floor area at the premises. Lessee's proportionate share of such costs and expenses for each lease year and partial lease year shall be paid as rent in monthly installments on the 1st day of each calendar month, in advance, in an amount estimated by Lessor. Within ninety (90) days after the Building and Tenant’s parking to be provided herein. So long as Landlord does not unreasonably impede access to and from the Premises for Tenant and Tenant Partiesend of each lease year or partial lease year, Landlord Lessor shall also have the right at any time, to modify the Common Areas, to change the arrangement and/or location of entrances, lobbies, parking facilities, passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts furnish Lessee with a statement of the Project or Building actual amount of Lessee's proportionate share of such costs and to change the name, number or designation by which the Building or Project is commonly knownexpenses for such period. If the total amount paid by Lessee under the Section for any calendar year shall be less than the actual amount due from Lessee for such years as shown on such statement, Lessee shall pay to Lessor the difference between the amount paid by Lessee and the actual amount due, such deficiency to be paid within ten (10) days after the furnishing of each such Common Areas is diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of Rent, nor shall such diminution of such Common Areas be deemed constructive or actual eviction, Tenant shall have the right throughout the Lease Term to use non-reserved parking spaces, on a non-exclusive basis jointly with other tenants of the Buildingstatement, and their employeesif the total amount paid by Lessee hereunder for any such calendar year shall exceed such actual amount due from Lessee for such calendar year, agents and invitees, subject to reasonable rules and regulations which may be changed from time to time, which Landlord may from time to time designate for use by patrons of the Project. If Tenant permits or allows any of the prohibited activities described above, then Landlord shall have the right, in addition to such other rights and remedies that Landlord may have, to remove or tow away the vehicle involved and charge the cost to Tenant, which cost excess shall be immediately payable upon demand by Landlordcredited against the next installment due from Lessee to Lessor under this Section 6.02.

OPERATION AND MAINTENANCE OF COMMON AREAS. Without limiting Section 6.01: Lessor agrees, at Lessor's sole cost and expense, to construct the scope building and hard surface, to properly drain, landscape, and light a parking area or parking areas, all substantially as shown on Exhibit "A". Lessor further agrees to cause to be operated, managed, and maintained during the term of this Lease, all parking areas, roads, sidewalks, landscaping, drainage, and common area lighting facilities in the Building. The manner in which such discretionareas and facilities shall be maintained and operated, Landlord shall have be reasonably clean, safe, and professional, and the full right expenditures therefore, shall be at the discretion of the Lessor, but same shall be at competitive rates for comparable services provided by the Lessor, subject to reasonable regulations as Lessor shall make from time to time. Section 6.02: Lessee agrees to pay to Lessor in the manner hereinafter provided, but not more often than once each month, Lessee's proportionate share of all costs and authority to employ all personnel expenses of every kind and to establishnature paid or incurred by Lessor in operating, modify policing and enforce reasonable rules protecting, lighting, insuring, repairing, and regulations necessary for maintaining the proper operation common areas of the Building. Such costs and expenses shall include, but not be limited to, illumination and maintenance of the Common AreasBuilding signs, cleaning, lighting, line painting and landscaping, premiums liability and property insurance. Landlord shall have the right Any utilities furnished or supplied to close from time to time all or any portion common areas of the Common Areas Building which are not separately metered shall be considered a cost to maintain the common areas and shall be included as part of such extent ascost. For the purpose hereof, any charges for utilities contained in the opinion of Landlord’s legal counsel, may be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person (other than Tenant) or the public therein; provided at all times Tenant foregoing costs and expenses shall be provided with reasonable access at the same rates as the rates for comparable service from the applicable utility company serving the area in which the building is located. The proportionate share to be paid by Lessee shall be computed on the basis that the total number of square feet of floor area in the Leased Premises bears to the Premises, the Building and Tenant’s parking to be provided herein. So long as Landlord does not unreasonably impede access to and from the Premises for Tenant and Tenant Parties, Landlord shall also have the right at any time, to modify the Common Areas, to change the arrangement and/or location total number of entrances, lobbies, parking facilities, passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Project or Building and to change the name, number or designation by which the Building or Project is commonly known. If the amount of such Common Areas is diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of Rent, nor shall such diminution of such Common Areas be deemed constructive or actual eviction, Tenant shall have the right throughout the Lease Term to use non-reserved parking spaces, on a non-exclusive basis jointly with other tenants square feet of the Building, and their employees, agents and invitees, subject to reasonable rules and regulations which may be changed from time to time, which Landlord may from time to time designate for use by patrons of the Project. If Tenant permits or allows any of the prohibited activities described above, then Landlord shall have the right, in addition to such other rights and remedies that Landlord may have, to remove or tow away the vehicle involved and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord.

OPERATION AND MAINTENANCE OF COMMON AREAS. Without limiting Section 6.01: Lessor agrees, at Lessor's sole cost and expense, to construct the scope building and hard surface, to properly drain, landscape, and light a parking area or parking areas. Lessor further agrees to cause to be operated, managed, and maintained during the term of this Lease, all parking areas, roads, sidewalks, landscaping, drainage, and common area lighting facilities in the Building. The manner in which such areas and facilities shall be maintained and operated, and the expenditures therefore, shall be at the sole discretion of the Lessor, and the use of such discretionareas and facilities shall be subject to such reasonable regulations as Lessor shall make from time to time. Section 6.02: Lessee agrees to pay to Lessor in the manner hereinafter provided, Landlord but not more often than once each month, Lessee's proportionate share of all costs and expenses of every kind and nature paid or incurred by Lessor in operating, equipping, policing and protecting, lighting, insuring, repairing, replacing, and maintaining the common areas of the Building. Such costs and expenses shall have the full right and authority to employ all personnel and to establishinclude, modify and enforce reasonable rules and regulations necessary for the proper operation but not be limited to, illumination and maintenance of the Common AreasBuilding signs, cleaning, lighting, line painting and landscaping, premiums liability and property insurance. Landlord shall have the right Any utilities furnished or supplied to close from time to time all or any portion common areas of the Common Areas Building which are not separately metered shall be considered a cost to maintain the common areas and shall be included as part of such extent ascost. For the purpose hereof, any charges for utilities contained in the opinion of Landlord’s legal counsel, may be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person (other than Tenant) or the public therein; provided at all times Tenant foregoing costs and expenses shall be provided with reasonable access to at the Premises, same rates as the Building and Tenant’s parking to be provided herein. So long as Landlord does not unreasonably impede access to and rates for comparable service from the Premises for Tenant and Tenant Parties, Landlord shall also have applicable utility company serving the right at any time, to modify the Common Areas, to change the arrangement and/or location of entrances, lobbies, parking facilities, passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Project or Building and to change the name, number or designation by area in which the Building is located. The proportionate share to be paid by Lessee shall be computed on the basis that the total number of square feet of floor area in the Leased Premises bears to the total number of square feet of the Building. Lessee's proportionate share of such costs and expenses for each lease year and partial lease year shall be paid in monthly installments on the first day of each month, in advance, in an amount established by Lessor. Within one hundred eighty (180) days after the end of each lease year or Project is commonly knownpartial lease year, Lessor shall furnish Lessee with a statement of the actual amount of Lessee's proportionate share of such costs and expenses for such period. If the total amount paid by Lessee under this Section for any calendar year shall be less than the actual amount due from Lessee for such year as shown on such statement, Lessee shall pay to Lessor the difference between the amount paid by Lessee and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such Common Areas is diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of Rent, nor shall such diminution of such Common Areas be deemed constructive or actual eviction, Tenant shall have the right throughout the Lease Term to use non-reserved parking spaces, on a non-exclusive basis jointly with other tenants of the Buildingstatement, and their employeesif the total amount paid by Lessee hereunder for any such calendar year shall exceed such actual amount due from Lessee for such calendar year, agents and invitees, subject to reasonable rules and regulations which may be changed from time to time, which Landlord may from time to time designate for use by patrons of the Project. If Tenant permits or allows any of the prohibited activities described above, then Landlord shall have the right, in addition to such other rights and remedies that Landlord may have, to remove or tow away the vehicle involved and charge the cost to Tenant, which cost excess shall be immediately payable upon demand by Landlordcredited against the installment due from Lessee to Lessor under this Section 6.02.