Common use of Premises and Common Areas Leased Clause in Contracts

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Premises contained within the Suite outlined on the floor plan attached hereto and marked Exhibit A-2 and improved by Landlord with the Leasehold Improvements described in the Work Letter Agreement (unless Tenant is leasing the Premises on an “as is” basis), said Premises being agreed, for purposes of this Lease, to have an area approximately the number of the square feet of Rentable Area as designated in Paragraph 1 and being situated on the floor(s) designated in Paragraph 1 of the Building. The Premises exclude the exterior window glass, pipes, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building and the Project. Tenant is leasing the Premises on an “as is” basis. (b) Tenant shall have the nonexclusive right to use in common with other tenants of the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 below, the following areas appurtenant to the Premises: (i) The common entrances, lobbies, restrooms, elevators, stairways and accessways, loading docks, ramps, drives and platform and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises; INITIAL HERE INITIAL HERE (ii) Common walkways, roadways, parkways, and sidewalks and other common areas located in the Project. (c) Landlord reserves the right from time to time without unreasonable interferences with ▇▇▇▇▇▇’s use: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walks and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building: Notwithstanding the foregoing none of the above changes shall materially alter or interfere with Tenant’s rights, including but not limited to ingress or egress, visibility of the Premises. (ii) To alter, improve, redesignate, temporarily close, and/or relocate any common facility or common area of the Project. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the Project in its discretion, or to construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such right shall include without limitation, a change in the master plan for the Project, changes in the common area of the Project, changes in the size of the buildings, location of the buildings or other improvements, and the like.

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, Landlord the Premises contained within the Suite suite designated in Paragraph 1(f), outlined on the floor plan Floor Plan attached hereto and marked Exhibit A-2 “A” and improved incorporated herein by Landlord with the Leasehold Improvements described this reference in the Work Letter Agreement (unless Tenant is leasing building known as “Topaz” at the Premises on an “as is” basis), said Premises being agreed, for purposes of this Lease, to have an area approximately the number of the square feet of Rentable Area as address designated in Paragraph 1 1(e) above (the “Building”), located in the Project, as outlined on the site plan attached hereto as Exhibit “B” and being incorporated herein by this reference. The Premises are situated on the floor(s) designated in Paragraph 1 1(g) above and are agreed by Landlord and Tenant, for the purposes of this Lease, to have approximately the number of rentable square feet designated in Paragraph 1(j), determined generally in accordance with the method of measurement for rentable area, usable area and related terms contained in the American National Standard Method for Measuring Floor Area in Office Buildings, approved on June 7, 1996 and published by the Building Owners and Managers Association International (ANSI/BOMA Z65.1-1996) (“BOMA Standard”). Prior to the Lease Commencement Date and from time to time during the term of this Lease, Landlord shall be entitled to commission its architect and, in cooperation with Tenant’s architect, measure the Premises to determine the area thereof in accordance with the BOMA Standard, and such determination shall be used in calculating and adjusting, as applicable, the rentable and useable areas of the BuildingPremises, the Tenant’s Percentage Share, the Annual and Monthly Base Rent, and related calculations and determinations under this Lease. In the absence of any such determination by Landlord’s and Tenant’s architects, the amounts, percentages, and related information specified in Paragraph 1 and other provisions of this Lease shall be conclusive. The Premises exclude parties hereto agree that said letting and hiring is upon and subject to the exterior window glassterms, pipes, conduits, wires covenants and appurtenant fixtures serving exclusively or in common other parts conditions herein set forth and Tenant and Landlord covenant as a material part of the Building consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the Project. Tenant is leasing the Premises on an “as is” basiscondition of such performance. (b) Tenant shall have the nonexclusive right to use in common with other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 31 below, those portions of the following Project (the “Project Common Areas”) not leased or designated for lease to tenants that are provided for use in common by (or by the sublessees, agents, employees, customers or licensees of) Landlord, Tenant and any other tenants of the Project, whether or not those areas are open to the general public, including any fixtures, chattels, systems, decor, signs, facilities or landscaping contained, maintained or used in connection with those areas, and deemed to include any city sidewalks adjacent to the Project and any pedestrian walkway system, whether above or below grade, park, or other facilities open to the general public. The common areas appurtenant to the Premises: Building shall be referred to herein as the. “Building Common Areas” and shall include the following areas: (i) The common entrances, lobbies, restrooms, elevators, stairways and accessways, loading docks, ramps, drives and platform platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises; INITIAL HERE INITIAL HERE and (ii) Common walkwaysloading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, plaza areas, driveways and sidewalks and other common landscaped areas located in appurtenant to the ProjectBuilding. (c) Landlord reserves the right from time to time time, without unreasonable interferences interference with ▇▇▇▇▇▇Tenant’s use: , to operate, maintain, repair, replace, and refurbish the Building and the Project and all systems, improvements, parking areas, and other portions thereof, as deemed necessary or desirable by Landlord or as may otherwise be required of Landlord in connection with its obligations under this Lease, other tenant leases, or otherwise, including without limitation all of the following: (i) To to install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walks walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, and to expand the Building: Notwithstanding the foregoing none of the above changes shall materially alter or interfere with Tenant’s rights, including but not limited to ingress or egress, visibility of the Premises. ; (ii) To alterto make changes to the Building and Project Common Areas (which Building and Project Common Areas shall together be referred to herein as the “Common Areas”), improveincluding, redesignatewithout limitation, changes in the location, size, shape and number of driveways, entrances; loading and unloading areas, ingress, egress, direction of traffic, landscaped areas and walkways and, subject to Paragraph 41, parking spaces and parking areas; (iii) to close temporarily close, and/or relocate any common facility or common area of the ProjectCommon Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iv) to use the Common, Areas while engaged in making additional improvements, repairs or alterations to the Building, or any portion thereof; and (v) to do and perform such other acts and make such other changes in, to or with respect to the Site, Common Areas and Building as Landlord may, in the exercise of sound business judgment, deem to be appropriate, all of the foregoing to be without obligation or liability to Tenant. (d) Nothing in this Lease Upon providing written notice to the Landlord, Tenant shall limit have the nonexclusive right to access and use a portion of the Building roof for the placement, use and maintenance of a satellite receiver antenna. The roof location shall be mutually agreed upon by Landlord to changeand Tenant. Such access, alter, redesign or otherwise modify the Project in its discretion, or to construct use and maintenance shall be allowed by Landlord without payment of additional Buildings rent or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such right shall include without limitation, a change in consideration during the master plan for the Project, changes in the common area term of the ProjectLease. Tenant shall be responsible for repairing any damage to the Building roof caused by the placement, changes in the size use and/or removal of the buildings, location of the buildings or other improvements, and the likeany equipment.

Premises and Common Areas Leased. (a) Subject to the terms and provisions herein contained, a. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Premises contained within the Suite outlined on the floor plan attached hereto and marked Exhibit A-2 suite designated in Paragraph 1 and improved by Landlord with the Leasehold Improvements described in the Work Letter Agreement (unless Tenant is leasing the Premises on an “as is” basis)plans to be provided by Landlord and approved by Tenant, said Premises being agreed, for the purposes of this Lease, to have an area approximately the number of the square feet designated in Paragraph 1, of Rentable Area as that certain office building located at the address designated in Paragraph 1 and being situated on the floor(s(hereinafter called "Building".) designated in Paragraph 1 of the Building. The Premises exclude the exterior window glasscommon rest rooms, entrance area, hallways, access ways, pipes, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building and the Projectoffice project. Tenant is leasing covenants as a material part of the Premises on an “as is” basisconsideration for this Lease to keep and perform each and all of Lease terms, covenants and conditions. (b) b. Tenant shall have the nonexclusive non-exclusive right to use in common with other tenants of in the Building and other buildings within the Project and subject to the Rules and Regulations referred to in Paragraph 28 belowreasonably established by Landlord, the following areas appurtenant to the Premises: (i) The common entrancesrest rooms, lobbiesentrance area, restroomshallways, elevatorsaccess ways, stairways and accessways, loading docks, ramps, drives and platform and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises; INITIAL HERE INITIAL HERE; (ii) Common walkways, roadways, parkways, walkways and sidewalks and other common areas located in necessary for access to the ProjectBuilding maintained by Landlord. (c) c. Landlord reserves the right from time to time without unreasonable interferences interference with ▇▇▇▇▇▇Tenant’s useuse and having given Tenant prior notices: (i) To install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walks walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises, premises and to expand the Building: Notwithstanding the foregoing none of the above changes shall materially alter or interfere with Tenant’s rights, including but not limited to ingress or egress, visibility of the Premises.; (ii) To alter, improve, redesignate, temporarily close, and/or alter or relocate any other common facility or common area of the Projectfacility. (d) Nothing in this Lease shall limit the right of Landlord to change, alter, redesign or otherwise modify the Project in its discretion, or to construct additional Buildings or other improvements thereto as Landlord in its discretion deems necessary or desirable. Such right shall include without limitation, a change in the master plan for the Project, changes in the common area of the Project, changes in the size of the buildings, location of the buildings or other improvements, and the like.