Common use of Use of Common Area Clause in Contracts

Use of Common Area. Landlord agrees to cause to be operated, managed and maintained during the term of this Lease all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and stairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers, invitees, and the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants, as prescribed from time to time by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, Landlord shall have the right to cause the vehicle to be towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for all towing charges. Tenant further agrees to hold harmless and defend Landlord and its agents and employees against any and all claims of the employee and/or owner of the vehicle towed. Landlord may, at any time, close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights to such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the Leased Premises. In addition, Landlord may modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, displays and charitable activities and do such other acts in and to the common areas as, in its judgment, may be desirable to improve the convenience or attraction

Use of Common Area. Landlord agrees to cause to be operated, managed and maintained during the term of this Lease Term all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and stairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers, invitees, and the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants, tenants as prescribed from time to time by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, Landlord shall have the right to cause the vehicle to be towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for all towing charges. Tenant further agrees to hold harmless and defend Landlord and its agents and employees against any and all claims of the employee and/or owner of the vehicle towedTENANT FURTHER AGREES TO HOLD HARMLESS LANDLORD AND DEFEND LANDLORD, ITS AGENTS AND EMPLOYEES AGAINST ANY AND ALL CLAIMS OF THE EMPLOYEE AND/OR OWNER OF THE VEHICLE TOWED. Landlord may, may at any time, time close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights to in such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the Leased Premises. In addition, Landlord may modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, displays and charitable activities and may do such other acts in and to the common areas as, as in its judgment, judgment may be desirable to improve the convenience or attractionattraction thereof. Landlord agrees to maintain all common areas of the Shopping Center in good order, condition and repair and in a safe, clean, sightly and sanitary condition in accordance with good and accepted shopping center practices. The maintenance obligations of Landlord shall include, without limitation, the re-striping of parking areas when required, repairing of common areas and adequate lighting of all exterior common areas during all hours of darkness during which Tenant shall be open for business and for one (1) hour thereafter.

Use of Common Area. Landlord agrees Subject to cause to be operated, managed and maintained during the term provisions of this Lease all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and stairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers, invitees, and the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants, as prescribed from time to time by Landlord. In particularSection, Tenant and its employees shall park their cars only in and invitees are authorized, empowered and privileged to use the areas specifically designated from time to time by Landlord for that purposeCommon Area. Tenant covenants that it will enforce the parking by and its employees in shall have the right to use the Common Area for access to the Premises at all times and Tenant's customers shall have such designated areasright during all hours that Tenant is open for the conduct of business. Automobile license numbers of employees' cars shall be furnished by Tenant Notwithstanding the foregoing and subject to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking areaSection 8.3, Landlord shall have the right to use the Common Areas for special events, during which use Tenant shall remain open for business unless such use prohibits or materially impairs (i.e., place or locate any physical barrier (whether permanent or temporary; e.g., a stage, crowd-control ropes, booths, kiosks, special event sound or lighting equipment, etc.), in such a manner as to make it difficult and/or dangerous to gain) access to the Premises by Project patrons (excluding event guest patronage of and use of Tenant's Premises) in which case, Tenant shall have the right to close for business for the duration of the event. Landlord agrees to construct, or cause the vehicle to be towed constructed, the Common Area generally upon the areas shown on Exhibit A and shall maintain and operate, or cause to be maintained and operated (except as hereinafter provided with reference to cost of maintenance) in a location designated by first-class condition and repair, said Common Area at all times following completion thereof for the non-exclusive benefit and use of the customers and patrons of Tenant, and of other tenants, owners and occupants of the Project. All expenses in connection with the original construction and installation of the Common Area shall be at the sole cost and expense of Landlord and Tenant shall not be charged to Tenant. Landlord shall, in a manner consistent with other facilities within Universal City, keep, or cause to be kept, said Common Area in a neat, clean and orderly condition, properly lighted and landscaped, and repair and maintain (or replace, if necessary) all equipment and facilities thereof. Subject to CityWalk Management approval and provided that there is no interference with ingress or egress to and from other tenant spaces or with pedestrian traffic in the common areas, Tenant's customers shall be obligated allowed to reimburse Landlord queue in the Common Areas for all towing charges. Tenant further agrees to hold harmless the purchasing of tickets and defend Landlord and its agents and employees against any and all claims waiting for the use of the employee and/or owner of the vehicle towedavailable simulator rides. Landlord may, at any time, close temporarily any common area shall have the right to make repairs or changes, to prevent the acquisition of public rights to such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the Leased Premises. In addition, Landlord may modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, displays and charitable activities and do such other acts in and to the common areas asapprove, in its judgmentLandlord's sole discretion, may be desirable Tenant's request to improve place an actual or model NASCAR stockcar in the convenience or attractionCommon Areas fronting the Premises.

Use of Common Area. Landlord agrees to cause to be operated, managed and maintained during the term of this Lease all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if anyTenant shall, and stairs shall cause its guests, invitees, customers, service-providers, and licensees (collectively, “Tenant’s Invitees”) to, comply with all rules and regulations regarding the Common Area as Landlord may from time to rime reasonably adopt. Landlord need not contained in leased areas, public restrooms enforce the rules and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all regulations against other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers, invitees, and the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has or may hereafter grant rights to use the same (includingProject, but not limited toif Landlord enforces such rules, the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants, as prescribed from time to time by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant must do so in a non-employee parking areadiscriminatory manner. Tenant may not store any property in the Common Area, Landlord shall have whether temporarily or permanently (except that Tenant may locate its generator on the right to cause the vehicle generator pad to be towed to a location located in the Common Area and designated by Landlord for Tenant’s use and, subject to reasonable approval of Landlord and the other tenant(s) of the Project, establish a reception desk in the lobby area of the Building). Any property stored in the Common Area in violation of the foregoing may be removed by Landlord and disposed of, and the cost of such removal, storage, and disposal is payable by Tenant on demand. Additionally, in no event may Tenant use any portion of the Common Area for loading, unloading, or parking, except in those areas specifically designated by Landlord for such purposes, nor for any sidewalk sale, advertising, or other commercial purpose. Tenant acknowledges the unique nature of the Common Area lobby. Although Tenant’s use of such special Common Area is subject to Landlord’s rules and regulations, Tenant recognizes that it may suffer conflicts with other tenant(s) within the Project. The intent of parties is that the lobby will allow for each tenant of the Project to locate its own employee for reception purposes or to make its own arrangements (of which Landlord will have no involvement) with the other tenant(s) of the Project for shared reception personnel. Tenant acknowledges that it specifically negotiated for the opportunity to have such special Common Area for its own economic purposes; and Tenant shall be obligated to reimburse Landlord for assumes all towing charges. Tenant further agrees to hold harmless liabilities and defend Landlord obligations and its agents and employees against any and all claims arising out of the employee and/or owner shared use of the vehicle towed. Common Area (and Tenant waives any rights or claims or actions it may have against Landlord mayon account of any losses, at any timeliabilities, close temporarily any common area to make repairs or changes, to prevent damages suffered by Tenant in connection with the acquisition of public rights to such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility shared use of the Leased PremisesCommon Area) other than as caused by Landlord’s gross negligence or willful conduct. In addition, Landlord may modify, from time The preceding sentence is not to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, displays and charitable activities and do such other acts in and to the common areas as, in its judgment, may be desirable to improve the convenience or attractioninterpreted as creating any indemnity obligation by Tenant.

Use of Common Area. Landlord agrees to cause to be operated, managed and maintained during the term of this Lease Term all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and stairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers, invitees, and the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants, tenants as prescribed from time to time by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, Landlord shall have the right to cause the vehicle to be towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for all towing charges. Tenant further agrees to hold harmless Landlord and defend Landlord and Landlord, its agents and employees against any and all claims of the employee and/or owner of the vehicle towed. Landlord may, may at any time, time close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights to in such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the Leased Premises. In addition, Landlord may modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, displays and charitable activities and may do such other acts in and to the common areas as, as in its judgment, judgment may be desirable to improve the convenience or attractionattraction thereof. Landlord agrees to maintain all common areas of the Shopping Center in good order, condition and repair and in a safe, clean, sightly and sanitary condition in accordance with good and accepted shopping center practices. The maintenance obligations of Landlord shall include, without limitation, the re-striping of parking areas when required, repairing of common areas and adequate lighting of all exterior common areas during all hours of darkness during which Tenant shall be open for business and for one (1) hour thereafter.

Use of Common Area. Landlord agrees (a) Except as otherwise agreed to cause to in writing by the Parties, the Common Area on the City Property may only be operated, managed and maintained during the term of this Lease all used for any of the common areas following uses: (i) Parking of motor vehicles, and pedestrian and vehicular ingress and egress by the City and other Occupants of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks City Property and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and stairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers, inviteesand other invitees of any of them, to and from buildings, Common Area and adjacent public streets; (ii) Parking stalls, private streets, sidewalks, walls, ramps, driveways, lanes, curbs, gutters, traffic control areas, signals, traffic islands, landscaped areas, traffic and parking lighting facilities and the Signs as approved by ▇▇▇▇▇ pursuant to Section 2.2 above with appropriate underground electrical connections, and all things incidental thereto; (iii) Utility lines and facilities serving Buildings and/or the licensees Common Area which shall, if reasonably possible, be underground. Any above-ground utility lines or facilities must be located behind the Buildings and invitees must allow free access for trucks to and from all loading areas; (iv) Ingress and egress of Landlorddelivery and service vehicles to and from the City Property or any portion thereof and adjacent public streets. The use Such vehicles shall be parked in designated unloading or truck parking areas, if available; (v) Delivery of goods, wares, merchandise and occupancy by Tenant the rendition of services to the Occupants of the Leased Premises shall include City Property; (vi) Perimeter walls and fences in locations approved by ▇▇▇▇▇ in its reasonable discretion; (vii) Temporary or seasonal displays and/or outdoor sales area, but only on sidewalks adjacent to the non-exclusive useapplicable Building, and not in common any parking areas; (viii) Temporary activities and displays associated with all others to whom Landlord has or may hereafter grant rights to use the same (includingCity Uses, including but not limited toto CERT trainings, book fairs, or informational or community engagement displays or booths in conjunction with City Council or Commission meetings; and (ix) Other uses expressly permitted in writing by the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants, as prescribed from time to time by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars Parties. (b) The Common Area shall be furnished by Tenant used reasonably so as not to Landlord within five interfere with access or customer parking, and, except as set forth in Section 5.2(a)(vii) above, shall not be used for outdoor sales areas. (5c) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, Landlord shall have the right to cause the vehicle to be towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for all towing charges. Tenant further agrees to hold harmless and defend Landlord and its agents and employees against any and all claims of the employee and/or owner of the vehicle towed. Landlord Any undeveloped Building Area may, at any timeCity's option, close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights to such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the Leased Premises. In addition, Landlord may modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, displays and charitable activities and do such other acts in and to the common areas asbe Common Area, in its judgmentwhich event it shall be so improved and operated, or it may remain undeveloped, in which event it will be desirable to improve the convenience or attractionrough graded and maintained in a clean, attractive, and safe condition.

Use of Common Area. Landlord agrees Tenant and its employees and invitees, and when duly authorized pursuant to cause to be operated, managed and maintained during the term provisions of this Lease all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, its subtenants and licensees, shall mean have the parking areasnonexclusive right to use the Common Area (expressly excluding roofs of buildings in the Project) as constituted from time to time, pedestrian sidewalks such use to be in common with Landlord, other tenants in the Project and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if anyother persons permitted by Landlord to use the same, and stairs subject to such reasonable rules and regulations governing use as Landlord may from time to time prescribe. For example, and without limiting the generality of Landlord's ability to establish rules and regulations governing all aspects of the Common Area, Tenant agrees as follows: (a) If Landlord designates specific parking areas for Tenant and Tenant's employees, then Tenant shall comply with Landlord's designation and shall institute procedures to ensure that its employees also comply. In the event Tenant or its employees fail to park their cars in designated parking areas as aforesaid, after written notice to Tenant and an opportunity to cure, then Landlord at its option may charge Tenant Fifty Dollars ($50.00) per day per car parked in any area other than those designated, as and for liquidated damages, and Tenant shall pay such charges in accordance with Additional Rent pursuant to Section 9.2 of this Lease. Tenant also authorizes Landlord to cause any car which is not contained parked in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all the designated parking areas to be towed from the Project. (b) Tenant shall not take any action which would unreasonably interfere with the rights of other areas Project tenants or improvements which their invitees to use the Common Area. (c) Landlord may temporarily close any part of the Common Area for such periods of time as may be provided for necessary to make repairs or alterations or during construction or to prevent the convenience and public from obtaining prescriptive rights; provided, Landlord will use commercially reasonable efforts to minimize interference with Tenant’s use of or access to the Premises in connection with the exercise of such rights. (d) Subject to Tenant’s rights as set forth in Section 7.2(e) below, the use of the occupants and tenants roof of the Retail Development Building is hereby reserved to Landlord for any and all purposes and in all respects in its reasonable discretion. Subject to Tenant’s rights as set forth in Section 7.2(e) below, Landlord shall have the right to use, possess, lease, convey interests in, alter, construct on, or otherwise manage the roof in its reasonable discretion, provided the same does not materially or unreasonably interfere with Tenant's use of the Premises for the Permitted Use or Tenant’s parking rights. Furthermore, Landlord shall have the exclusive rights to use, possess, lease, convey interests in, alter, transfer, construct on, or otherwise manage the portions of the Project other than the Premises and the parking areas provided the same does not materially and unreasonably interfere with Tenant's use of the Premises for the Permitted Use or Tenant’s parking rights. Without limitation of the foregoing, Landlord shall have the right to enter into one or more antenna, tower, communication, solar panel or similar leases or licenses with one or more third parties pursuant to which Landlord shall lease or license space on the roof of the Building or other portions of the Project other than the Premises and the parking areas for antenna, tower, communication, solar panel or other rights and uses (each an “Ancillary Lease”). Tenant agrees that (i) any tenant or licensee under any Ancillary Lease and their respective agents, employees, customerscontractors, invitees, and the licensees representatives and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants, as prescribed from time to time by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, Landlord shall have the right to (a) access the areas on and about the Project (other than the Premises), including, without limitation, the parking areas, on a temporary basis for purposes of performing any installations, maintenance, repairs and replacements of any improvements, provided such access does not materially or unreasonably interfere with Tenant's use of the Premises for the Permitted Use or Tenant’s parking rights, (b) access and enter upon the roof of the Building and other areas of the Project other than the Premises and the parking areas of the Project and (c) perform any and all installation, maintenance, repair or replacement of any antennae, towers, panels, communication installations and related fixtures or appurtenances (collectively, the “Ancillary Rights”) and (ii) Landlord shall be permitted to enter into any and all agreements (including, without limitation, easement agreements) with respect to the Project as Landlord deems necessary or advisable in connection with any Ancillary Lease and the Ancillary Rights. In no event shall Tenant or any of its employees, affiliates agents, subtenants, concessionaires, contractors, consultants, visitors or invitees of any kind, access or go upon the roof of the Building or cause or permit any penetration of such roof without the vehicle to express prior written consent of Landlord which consent shall not be towed unreasonably conditioned, delayed or withheld, and subject to a license agreement in form satisfactory to Landlord, each in Landlord's reasonable discretion. If Tenant demonstrates to Landlord's satisfaction (in Landlord's reasonable discretion) both an actual need to use the roof and adequate procedures and safeguards to assure that no damage is done to the roof(s) (such as proper reattachment and sealing in connection with HVAC repair or replacement), all roof warranties are preserved in full, and also agrees to execute a license agreement in form satisfactory to Landlord (in Landlord's sole and absolute discretion), then Landlord may grant Tenant access to the roof(s) solely for such purpose, all in Landlord's sole and absolute discretion. (e) Provided that Tenant complies with the terms of this Section 7.2(e), Tenant may, at its risk and expense, install a satellite dish and related wiring (collectively, the "Satellite Dish") on the roof of the Building at a location designated approved by Landlord and Landlord, which shall not be unreasonably withheld, conditioned or delayed. Before installing the Satellite Dish, Tenant shall submit to Landlord for its reasonable approval plans and specifications which (1) specify in detail the design, location, size, and frequency of the Satellite Dish and (2) are sufficiently detailed to allow for the installation of the Satellite Dish in a good and workmanlike manner and in accordance with all laws. If Landlord approves of such plans, Tenant shall install (in a good and workmanlike manner), maintain and use the Satellite Dish in accordance with all laws and shall obtain all permits required for the installation and operation thereof; copies of all such permits must be obligated submitted to Landlord before Tenant begins to install the Satellite Dish. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Satellite Dish while it is on the Building and operate and maintain the Satellite Dish in such a manner so as not to unreasonably interfere with any other satellite, antennae, or other transmission facility on the Building's roof. Landlord may require that Tenant screen the Satellite Dish with a parapet wall or other screening device acceptable to Landlord. Tenant shall maintain the Satellite Dish and the screening therefor in good repair and condition. Tenant may only use the Satellite Dish in connection with Tenant's business. Tenant shall not allow any third party (other than a Permitted Transferee or approved assignee or subtenant of the Premises) to use such equipment, whether by sublease, license, occupancy agreement or otherwise. Tenant shall, at its risk and expense, remove the Satellite Dish, within five days after the occurrence of any of the following events: (A) the termination of Tenant's right to possess the Premises; (B) the termination of the Lease; (C) the expiration of the Lease Term; or (D) Tenant's vacating the Premises. If Tenant fails to do so, Landlord may remove the Satellite Dish and store or dispose of it in any manner Landlord deems appropriate without liability to Tenant; Tenant shall reimburse Landlord for all towing chargescosts incurred by Landlord in connection therewith within ten days after Landlord's request therefor. Tenant further agrees shall repair any damage to hold harmless and defend Landlord and the Building caused by or relating to the Satellite Dish, including that which is caused by its agents and employees against any and all claims of installation, maintenance, use, or removal. All work relating to the employee and/or owner of the vehicle towed. Landlord maySatellite Dish shall, at Tenant's expense, be coordinated with Landlord's roofing contractor so as not to affect any time, close temporarily any common area to make repairs or changes, to prevent warranty for the acquisition of public rights to such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the Leased Premises. In addition, Landlord may modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, displays and charitable activities and do such other acts in and to the common areas as, in its judgment, may be desirable to improve the convenience or attractionBuilding's roof.

Use of Common Area. Landlord agrees to cause to be operated, managed and maintained during the term of this Lease Term all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, " shall mean the parking areas, pedestrian sidewalks and bridges, mall areas, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, escalators and stairs not contained in leased areas, public restrooms rest rooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience and use of the occupants and tenants of the Retail Development and their respective agents, employees, customers, invitees, and the licensees customers and invitees and other licensees of Landlord, including, without limitation, all roads and driveways serving the Retail Development which are operated, maintained or repaired by Landlord or at Landlord's expense. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants, as prescribed from time to time by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, Landlord shall have the right to cause the vehicle to be towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for all towing charges. Tenant further agrees to hold harmless and defend Landlord and its agents and employees against any and all claims of the employee and/or owner of the vehicle towed. Landlord may, may at any time, time close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights to in such areas and to discourage non-customer use, provided the same Landlord shall use its best efforts not materially adversely affect access to or visibility unreasonably interfere with Tenant's conduct of the Leased Premisesbusiness. In addition, addition Landlord may modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, programs and displays and charitable activities and do such other acts in and to the common areas as, as in its judgment, judgment may be desirable to improve the convenience or attractiondesirable.

Use of Common Area. Landlord agrees to cause to be operated, managed and maintained during the term of this Lease Term all of the common areas of the Shopping Center. The term "common areas", as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and stairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas or improvements which may be provided for the convenience and use of the occupants 20 25 and tenants of the Retail Development and their respective agents, employees, customers, invitees, and the licensees and invitees of Landlord. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants, tenants as prescribed from time to time by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, Landlord shall have the right to cause the vehicle to be towed to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for all towing charges. Tenant further agrees to hold harmless and defend Landlord and its agents and employees against any and all claims of the employee and/or owner of the vehicle towed. Landlord may, may at any time, time close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights to in such areas and to discourage non-customer use, provided the same shall not materially adversely affect access to or visibility of the Leased Premises. In addition, Landlord may modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, displays and charitable activities and may do such other acts in and to the common areas as, as in its judgment, judgment may be desirable to improve the convenience or attractionattraction thereof. Landlord agrees to maintain all common areas of the Shopping Center in good order, condition and repair and in a safe, clean, sightly and sanitary condition in accordance with good and accepted shopping center practices. The maintenance obligations of Landlord shall include, without limitation, the re-striping of parking areas when required, repairing of common areas and adequate lighting of all exterior common areas during all hours of darkness during which Tenant shall be open for business and for one (1) hour thereafter.

Use of Common Area. Landlord agrees to cause to be operated, managed and maintained during the term of this Lease During any time that Tenant leases all of the common areas rentable area located in the Project, Tenant shall have the right to exclusive use of the Shopping Center. The term Common Area (subject to an easement for underground pipelines and related above ground facilities in favor of Air Products (the "common areasAirProducts Easement"), as used in this Lease, shall mean the parking areas, pedestrian sidewalks and bridges, truckways, loading docks, delivery areas, park areas, pedestrian malls and courts, elevators and escalators, if any, and stairs not contained in leased areas, public restrooms and comfort stations, if any, service areas, fire, service and exit corridors, passageways, landscaped areas, berms and all other areas existing and future easements, licenses and other rights and interests in favor of or improvements which may be provided for required by public utilities or public, governmental or regulatory entities; rights of third parties pursuant to the convenience Declaration and the CC&Rs; and rights retained by Landlord pursuant to this Lease), and Landlord shall not grant the right to use of the surface of the Common Area to any other tenant, occupant or owner of any property located adjacent to the Project. During any time that the Project includes any rentable area not leased to Tenant, Tenant shall have the right to non-exclusive use of the Common Area and any other common area located in the Project, together with other tenants, occupants and owners of portions of the Project, subject to the terms of this Lease. The operation and use of the occupants Common Area shall be governed by conditions, covenants and tenants restrictions ("CC&Rs") between the owners of portions of the Retail Development and their respective agentsProject, employeesin the form attached hereto as Exhibit "B", customerswith such modifications as Landlord may reasonably determine to be appropriate. The CC&Rs may be recorded against the Project by Landlord at any time, inviteesat Landlord's election, and the licensees and invitees of Landlordwill at all times be superior in priority to this Lease. The use and occupancy by Tenant of the Leased Premises shall include the non-exclusive use, in common with all others to whom Landlord has or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Shopping Center), of the common areas and of such other facilities as may be designated by Landlord from time to time; subject, however, to rules and regulations for the use thereof which will be uniformly applicable to all Shopping Center tenants, as prescribed from time to time by Landlord. In particular, Tenant and its employees shall park their cars only in the areas specifically designated from time to time by Landlord for that purpose. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees' cars shall be furnished by Tenant to Landlord within five (5) days after Landlord's request. In the event any vehicle is parked by an employee of Tenant in a non-employee parking area, Landlord shall have the right to cause make reasonable modifications to the vehicle CC&Rs during the Term, including, without limitation, in order to be towed provide necessary or appropriate access over, across and from the Common Area (including any roadways and drive aisles located thereon) to a location designated by Landlord and Tenant shall be obligated to reimburse Landlord for all towing charges. Tenant further agrees to hold harmless and defend Landlord and its agents and employees against any and all claims of property which is included in the employee and/or owner of the vehicle towed. Landlord may, at any time, close temporarily any common area to make repairs or changes, to prevent the acquisition of public rights to Project; provided that such areas and to discourage non-customer use, provided the same shall modifications do not materially adversely affect Tenant's use of the Premises, Minimum Parking, or access to or visibility of the Leased Premises. In addition, Landlord may modify, from time to time, the traffic flow pattern and layout of parking spaces and the entrances-exits to adjoining public streets or walkways, utilize portions of the common areas for entertainment, displays and charitable activities and do such other acts in and to the common areas as, in its judgment, may be desirable to improve the convenience or attraction.