Common use of Common Area Expenses Clause in Contracts

Common Area Expenses. The term "Common Area Expenses", as used in this Lease, shall mean all costs and expenses incurred by Landlord in (a) operating, managing, policing, insuring, repairing and maintaining the Common Area and the onsite management and/or security offices, merchants' association offices, postal services, parking structures, if any, nonprofit community buildings and child care centers located in the Shopping Center from time to time ("Common Facilities"), (b) maintaining, repairing and replacing the exterior surface of exterior walls (and storefronts and storefront awnings if Landlord has elected to include the cleaning of same as part of Common Area maintenance) and maintaining, repairing and replacing roofs of the buildings from time to time constituting the Shopping Center, and (c) operating, insuring (including reasonable reserves for deductibles and any self-insured retention), repairing, replacing and maintaining all utility facilities and systems including, without limitation, sanitary sewer lines and systems, fire protection lines and systems, security lines and systems and storm drainage lines and systems not exclusively serving the premises of any tenant or store ("Common Utility Facilities"), mall furniture and equipment, seasonal and holiday decorations, Common Area lighting fixtures, Shopping Center sign monuments and directional signage. Common Area Expenses shall include, without limitation, the following: Expenses for maintenance, landscaping, repaving, resurfacing, repairs, replacements, painting, lighting, cleaning, trash removal, security, fire protection and similar items; nonrefundable contributions toward reserves for replacements other than equipment; depreciation or rental on equipment; charges, surcharges and other levies related to the requirements of any Federal, state or local governmental agency; expenses related to the Common Utility Facilities; Taxes on the improvements and land comprising the Common Area; public liability and property damage insurance on the Common Area; standard "all risks" fire and extended coverage insurance with, at Landlord's option, an earthquake damage endorsement covering the Common Facilities; Tenant's reasonably allocated share of the costs of the maintenance and operation of the Shared Parking Areas; and a sum payable to Landlord for administration and overhead in an amount equal to [***] of the Common Area Expenses for the applicable year. Specifically excluded from the Common Area Expenses are "Food Court Expenses", as more particularly described in Section 13.7, below. *** Confidential treatment requested.

Common Area Expenses. The During the term "Common Area Expenses"of this Lease Landlord shall keep or cause the common area to be kept in a neat, as used in this Leaseclean and orderly condition, properly lighted and landscaped, and shall mean repair any damage to the facilities thereof, but all costs and expenses incurred by Landlord in connection therewith shall be charged and prorated in the manner hereinafter set forth. It is understood and agreed that the term "costs and expenses incurred" shall mean all sums expended by Landlord for payment of all work deemed necessary by Landlord (ain its sole discretion) operatingfor the operation, managingmaintenance, policing, insuring, repairing replacement and maintaining repair of the common area (the "Common Area and the onsite management and/or security offices, merchants' association offices, postal services, parking structures, if any, nonprofit community buildings and child care centers located in the Shopping Center from time to time ("Common FacilitiesExpenses"), including the following (b) maintainingthe specific recitation of which shall not be deemed to limit the definition of such coats and expenses): resurfacing, repairing re-striping, cleaning and replacing sweeping the exterior surface parking area; painting; janitorial services; maintenance, repair and replacement when necessary of exterior walls (and storefronts and storefront awnings if Landlord has elected to include the cleaning of same as part of Common Area maintenance) and maintainingroofs, repairing and replacing roofs of the buildings from time to time constituting the Shopping Centersidewalks, curbs, bumpers, all Office Plaza signs, planting, and (c) operatinglandscaping, insuring (including reasonable reserves for deductibles and lighting and other utilities; operation, maintenance and repair of any self-insured retention), repairing, replacing and maintaining all utility facilities and systems including, without limitation, sanitary sewer lines and common fire protection systems, fire protection lines and systems, security lines and automatic sprinkler systems and storm drainage lines systems; personnel to implement such services including the cost of security guards; police and systems not exclusively serving the premises fire protection services; any assessments imposed by governmental agencies; cost of any tenant or store ("Common Utility Facilities"), mall furniture utility services; depreciation on maintenance and operating machinery and equipment, seasonal if owned, and holiday decorations, Common Area lighting fixtures, Shopping Center sign monuments rental paid for such machinery and directional signage. Common Area Expenses shall include, without limitation, the following: Expenses for maintenance, landscaping, repaving, resurfacing, repairs, replacements, painting, lighting, cleaning, trash removal, security, fire protection and similar items; nonrefundable contributions toward reserves for replacements other than equipment; depreciation or rental on equipment; charges, surcharges and other levies related to the requirements of any Federal, state or local governmental agency; expenses related to the Common Utility Facilities; Taxes on the improvements and land comprising the Common Areaequipment if rented; public liability and property damage insurance on the Common Areacommon area; standard "all risks" fire worker's compensation insurance for personnel; and extended coverage insurance with, at Landlord's option, an earthquake damage endorsement covering the Common Facilities; Tenant's reasonably allocated share (i) administrative and overhead costs equal to ten (10%) of the costs of the maintenance and operation of the Shared Parking Areascommon area costs; and a sum payable to (ii) in the event Landlord for administration supervises, manages and overhead in maintains the common area, an amount equal to [***] five percent (5%) of the Common Area Expenses gross rentals received by Landlord from tenants at the Office Plaza for each calendar year ("gross rentals"); or (iii) In the applicable year. Specifically excluded from event an independent contractor supervises, manages and maintains the Common Area Expenses are "Food Court Expenses"common area, as more particularly described in Section 13.7, below. *** Confidential treatment requestedan amount equal to five percent (5%) of the gross rentals to the independent contractor.

Common Area Expenses. The term "Common Area Expenses", Tenant agrees to pay to Landlord its proportionate share (computed in the same manner as used in this Lease, shall mean Subsection 6(a) above) of all costs and expenses of every kind and nature paid or incurred by Landlord in (a) operating, managing, policingequipping, insuringpolicing and protecting, repairing lighting, providing sanitation, sewer and maintaining the Common Area and the onsite management and/or security offices, merchants' association offices, postal services, parking structures, if any, nonprofit community buildings and child care centers located in the Shopping Center from time to time ("Common Facilities"), (b) maintaining, repairing and replacing the exterior surface of exterior walls (and storefronts and storefront awnings if Landlord has elected to include the cleaning of same as part of Common Area maintenance) and maintaining, repairing and replacing roofs of the buildings from time to time constituting the Shopping Center, and (c) operating, insuring (including reasonable reserves for deductibles and any self-insured retention)other services for, repairing, replacing and maintaining the Common Areas (as defined hereinafter) and all utility other facilities and systems used in the maintenance or operation of the Shopping Center (hereafter, “Common Area Expenses”), including, without limitationbut not limited to, sanitary sewer lines rights to use common areas described in the REA Agreement(s) (as hereinafter defined) and systems, fire protection lines similar documents. Such costs and systems, security lines and systems and storm drainage lines and systems not exclusively serving the premises of any tenant or store ("Common Utility Facilities"), mall furniture and equipment, seasonal and holiday decorations, Common Area lighting fixtures, Shopping Center sign monuments and directional signage. Common Area Expenses expenses shall include, but shall not be limited to, the cost of illumination and maintenance of signs; refuse disposal for the Common Areas; management fees; administrative fees; water, gas, sewage, electricity and other utilities (without limitation), the following: Expenses for maintenanceincluding any and all usage, landscapingservice, repavinghook up, resurfacingconnection, repairstap-in, replacementsavailability, paintingimpact, lighting, cleaning, trash so-called ‘look-back’ and standby fees or charges pertaining to same; snow removal, security, fire protection and similar items; nonrefundable contributions toward reserves for replacements other than equipment; depreciation or rental on equipment; charges, surcharges and other levies related to the requirements of any Federal, state or local governmental agency; expenses related to the Common Utility Facilities; Taxes on the improvements and land comprising the Common Area; public liability and property damage insurance on the Common Area; standard "all risks" fire and extended coverage insurance with, at Landlord's option, an earthquake damage endorsement covering the Common Facilities; Tenant's reasonably allocated share of the costs of the maintenance and operation of any temporary or permanent utility; compliance with rules, regulations and orders of governmental authorities pertaining to air pollution control, including the Shared Parking cost of monitoring air quality; cleaning, lighting, pavement striping, landscaping, maintenance and repair of exterior walls, roofs, pavement, curbs, gutters, sidewalks, drainage and irrigation ditches, conduits, and pipes located on or adjacent to Xxxxxx Crossing 3 Fast Casual Concepts, Inc. Butler, PA September 6, 2019 the Shopping Center; personal property taxes; licensing fees and taxes; audit fees and expenses; supplies; depreciation of maintenance equipment used in the operation or maintenance of the Common Areas; and a sum payable to , expenses incurred by Landlord for administration maintaining, repairing, or replacing common areas, signage, stormwater management and overhead other facilities of the Development under or pursuant to the REA Agreement(s), and total compensation and benefits (including premiums for workmen’s compensation and other insurance) paid to or on behalf of employees involved in the performance of the work specified in this Subsection. Tenant shall pay Common Area Expenses in monthly installments on the first day of each calendar month, in advance, in an amount equal estimated by Landlord from time to [***] time. After the end of each calendar year, Landlord shall furnish Tenant with a statement of the actual amount of Tenant’s proportionate share of such costs and expenses for the prior calendar year. If the total amount paid by Tenant under this Subsection for any such year shall be less than the actual amount due from Tenant for such year as shown on such statement, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due, such deficiency to be paid within Fifteen (15) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such year shall exceed such actual amount due from Tenant for such year, such excess shall be credited against the next installment of Common Area Expenses due from Tenant to Landlord under this Subsection, or, if the Lease term has ended, shall be refunded to Tenant within sixty (60) days after the issuance of Landlord’s year-end statement to Tenant for the applicable preceding calendar year. Specifically excluded from the Common Area Expenses are "Food Court Expenses", as more particularly described in Section 13.7, below. *** Confidential treatment requested.

Common Area Expenses. The During the term "Common Area Expenses"of this Lease Landlord shall keep or cause the common area to be kept in a neat, as used in this Leaseclean and orderly condition, properly lighted and landscaped, and shall mean repair any damage to the facilities thereof, but all costs and expenses incurred by Landlord in connection therewith shall be charged and prorated in the manner hereinafter set forth. It is understood and agreed that the term "costs and expenses incurred" shall mean all sums expended by Landlord for payment of all work deemed necessary by Landlord (ain its sole discretion) operatingfor the operation, managingmaintenance, policing, insuring, repairing replacement and maintaining repair of the common area (the "Common Area and the onsite management and/or security offices, merchants' association offices, postal services, parking structures, if any, nonprofit community buildings and child care centers located in the Shopping Center from time to time ("Common FacilitiesExpenses"), including the following (b) maintainingthe specific recitation of which shall not be deemed to limit the definition of such costs and expenses), repairing resurfacing, restriping, cleaning and replacing sweeping the exterior surface parking area; painting; janitorial services; maintenance; repair and replacement when necessary of exterior walls (and storefronts and storefront awnings if Landlord has elected to include the cleaning of same as part of Common Area maintenance) and maintainingroofs, repairing and replacing roofs of the buildings from time to time constituting the Shopping Centersidewalks, curbs, bumpers, all Property signs, planting, and (c) operatinglandscaping, insuring (including reasonable reserves for deductibles and lighting and other utilities; operation, maintenance and repair of any self-insured retention), repairing, replacing and maintaining all utility facilities and systems including, without limitation, sanitary sewer lines and common fire protection systems, fire protection lines and systems, security lines and automatic sprinkler systems and storm drainage lines systems; personnel to implement such services including the cost of security guards; police and systems not exclusively serving the premises fire protection services; any assessments imposed by governmental agencies; cost of any tenant or store ("Common Utility Facilities"), mall furniture utility services; depreciation on maintenance and operating machinery and equipment, seasonal if owned, and holiday decorations, Common Area lighting fixtures, Shopping Center sign monuments rental paid for such machinery and directional signage. Common Area Expenses shall include, without limitation, the following: Expenses for maintenance, landscaping, repaving, resurfacing, repairs, replacements, painting, lighting, cleaning, trash removal, security, fire protection and similar items; nonrefundable contributions toward reserves for replacements other than equipment; depreciation or rental on equipment; charges, surcharges and other levies related to the requirements of any Federal, state or local governmental agency; expenses related to the Common Utility Facilities; Taxes on the improvements and land comprising the Common Areaequipment if rented; public liability and property damage insurance on the Common Areacommon area; standard "all risks" fire worker's compensation insurance for personnel; and extended coverage insurance with, at Landlord's option, an earthquake damage endorsement covering the Common Facilities; Tenant's reasonably allocated share (i) administrative and overhead costs equal to ten percent (10%] of the common area costs not to exceed $500. per month during the first 2 terms of the maintenance and operation of the Shared Parking AreasLease; and a sum payable to (ii) in the event Landlord for administration supervises, manages and overhead in maintains the common area, an amount equal to [***five percent (5%)] of the Common Area Expenses gross rentals received by Landlord from tenants at the Property for each calendar year ("gross rentals"); or (iii) in the applicable year. Specifically excluded from event an independent contractor supervises, manages and maintains the Common Area Expenses are "Food Court Expenses"common area, as more particularly described in Section 13.7, below. *** Confidential treatment requestedan amount equal to five percent (5%)] of the gross rentals to the independent contractor and an amount equal to [ Three percent (3%)] of the gross rentals to Landlord for its supervision of the independent contractor.

Common Area Expenses. The term "“Common Area Expenses", as used in this Lease, shall mean ” means all costs and expenses incurred by Landlord in Landlord: (a) in operating, managing, policing, insuring, repairing and maintaining the Common Area and the onsite management and/or security officesCommon Facilities, merchants' association officesand in maintaining, postal servicesrepairing and replacing all sidewalks, landscaping, parking structures, if any, nonprofit community buildings areas and child care centers other improvements located in the Common Area for the non-exclusive use of the tenants of the Shopping Center from time to time ("Common Facilities"), Center; (b) in performing Landlord’s Maintenance Obligations, which shall include maintaining, repairing and replacing the exterior surface of exterior walls (and storefronts and storefront awnings if Landlord has elected to include the cleaning and maintenance of same as part of Common Area maintenanceLandlord’s Maintenance Obligations) and maintaining, repairing and replacing roofs of the buildings from time to time constituting located in the Shopping Center, and ; (c) in operating, insuring (including reasonable reserves for deductibles and any self-insured retention), repairing, replacing and maintaining all utility facilities and systems including, without limitation, sanitary sewer lines and systems, fire protection lines and systems, security lines and systems and storm drainage lines and systems not exclusively serving the premises of any tenant or store ("“Common Utility Facilities"”), mall Common Area furniture and equipmentequipment (including, without limitation, furniture for any so-called “people places” or other amenities within the Shopping Center), seasonal and holiday decorations, Common Area lighting fixtures, Shopping Center sign monuments and directional signage. Common Area Expenses shall include, without limitation, the following: Expenses ; (d) for maintenance, landscaping, repaving, resurfacing, repairs, replacements, painting, lighting, cleaning, trash removal, security, fire protection and similar items; nonrefundable contributions toward reserves for replacements other than equipment; depreciation or rental on equipment; charges, surcharges and other levies related to the requirements of any Federal, state or local governmental agency; expenses related to the Common Utility Facilities; Taxes on the improvements and land comprising the Common AreaArea (“Common Area Taxes”); public liability (e) all office and property damage insurance on personnel costs (including without limitation all salaries, wages, employee benefits and other compensation) incurred by Landlord for on-site and off-site personnel (whether employees of Landlord or third-party contractors) to the Common Areaextent such personnel are involved in the operation and management of the Shopping Center, based upon a reasonable allocation of such costs between the Shopping Center and all other properties which are the responsibility of such employees or contractors; standard "all risks" fire and extended coverage insurance with, (g) for expenditures which are required under any governmental Law or regulation that was not specifically applicable to the Shopping Center at Landlord's option, an earthquake damage endorsement covering the Common Facilitiestime it was originally constructed; (g) Tenant's reasonably allocated ’s share of the costs cost of the maintenance and operation of the Shared Parking AreasLandlord’s Insurance (as defined in Exhibit F); and (h) a sum payable to Landlord fee for administration calculating, billing, and overhead in an amount administering Common Area Expenses equal to [***] fifteen percent (15%) of the Common Area Expenses enumerated in (a) through (g) above for the applicable year. Specifically excluded The cost of any Common Area Expense described in the preceding sentence that is properly classified under generally accepted accounting principles as a capital improvement shall be amortized over the useful life of the item in question (as reasonably determined by Landlord) on a straight-line basis, together with interest at the Interest Rate. Excluded from the Common Area Expenses are "Food Court Expenses"are: (i) interest, as more particularly described amortization, or other payments on secured loans to Landlord encumbering the Shopping Center; (ii) ground rent in Section 13.7connection with its lease of the land on which the Shopping Center is situated; (iii) income, below. *** Confidential treatment requestedexcess profits or franchise taxes or other such taxes imposed on or measured by the income of Landlord from the operation of the Shopping Center; (iv) cost of work directly related to the sole advantage of any particular tenant of the Shopping Center other than Tenant; (v) costs incurred in connection with the original construction of the Shopping Center; (vi) costs incurred in connection with development or leasing of the Shopping Center; (vii) costs incurred by Landlord for the repair of damage or destruction caused by insured casualties to the extent of insurance proceeds actually received by Landlord or that would have been received by Landlord had it maintained the insurance it was required to maintain pursuant to the Lease; and (viii) costs incurred by Landlord to enforce the terms of any lease.

Common Area Expenses. The term "Common Area Expenses", as used in this Lease, shall mean all costs and expenses incurred by Landlord in (a) operating, managing, policing, insuring, repairing and maintaining the Common Area and the onsite management and/or security offices, merchants' association offices, postal services, parking structures, if any, nonprofit community buildings and child care centers located in the Shopping Center from time to time ("Common Facilities"), (b) maintaining, repairing and replacing the exterior surface of exterior walls (and storefronts and storefront awnings if Landlord has elected to include the cleaning of same as part of Common Area maintenance) and maintaining, repairing and replacing roofs of the buildings from time to time constituting the Shopping Center, and (c) operating, insuring (including reasonable reserves for deductibles and any self-insured retention), repairing, replacing and maintaining all utility facilities and systems including, without limitation, sanitary sewer lines and systems, fire protection lines and systems, security lines and systems and storm drainage lines and systems not exclusively serving the premises of any tenant or store ("Common Utility Facilities"), mall furniture and equipment, seasonal and holiday decorations, Common Area lighting fixtures, Shopping Center sign monuments and directional signage. Common Area Expenses shall include, without limitation, the following: Expenses for maintenance, landscaping, repaving, resurfacing, repairs, replacements, painting, lighting, cleaning, trash removal, security, fire protection and similar items; nonrefundable contributions toward reserves for replacements other than equipment; depreciation or rental on equipment; charges, surcharges and other levies related to the requirements of any Federal, state or local governmental agency; expenses related to the Common Utility Facilities; Taxes on the improvements and land comprising the Common Area; public liability and property damage insurance on the Common Area; standard "all risks" fire and extended coverage insurance with, at Landlord's option, an earthquake damage endorsement covering the Common Facilities; Tenant's reasonably allocated share of the costs of the maintenance and operation of the Shared Parking Areas; and a sum payable to Landlord for administration and overhead in an amount equal to [***] fifteen percent (15%) of the Common Area Expenses for the applicable year. Specifically excluded from the Common Area Expenses are "Food Court Expenses", as more particularly described in Section 13.7, below. *** Confidential treatment requested.13.6

Common Area Expenses. The term "Common Area Expenses"Tenant hereby agrees to pay to Landlord, as used in this Lease-------------------- Additional Rent, shall mean all costs and expenses of reasonable nature incurred by Landlord in (a) operatingconnection with the operation, managingmaintenance, policing, insuring, repairing and maintaining repair of the Common Area Areas (except as otherwise provided in Sections 10.6 and the onsite management and/or security offices, merchants' association offices, postal services, parking structures, if any, nonprofit community buildings and child care centers located in the Shopping Center from time to time 17(a)) ("Common FacilitiesArea ----------------------- Expenses"), (b) maintaining, repairing and replacing the exterior surface of exterior walls (and storefronts and storefront awnings if Landlord has elected to include the cleaning of same as part of Common Area maintenance) and maintaining, repairing and replacing roofs of the buildings from time to time constituting the Shopping Center, and (c) operating, insuring (including reasonable reserves for deductibles and any self-insured retention), repairing, replacing and maintaining all utility facilities and systems including, without limitationbut not limited to, sanitary sewer lines and systemsall sums expended by Landlord for which Tenant is responsible under Section 17, fire protection lines and systems, security lines and systems and storm drainage lines and systems not exclusively serving the premises of any tenant or store ("and/or otherwise in connection ---------- with said Common Utility Facilities"), mall furniture and equipment, seasonal and holiday decorations, Common Area lighting fixtures, Shopping Center sign monuments and directional signage. Common Area Expenses shall include, without limitation, the following: Expenses Areas for all general maintenance, landscaping, repavingrepairs and restoration, resurfacing, repairs, replacements, painting, lightingrestriping, cleaning, trash removalsweeping, securitymaintenance, and repair of floors, sidewalks, curbs, sprinkler systems, drinking water and display fountains, planting and landscaping, lighting and other utilities, directional signs and other markers and bumpers; maintenance and repair of any fire protection systems, lighting systems, artwork of all types and kinds, storm drainage systems and any other utility systems; personnel to implement such services; Real Property Taxes and Insurance, transportation fees or similar itemscharges payable to governmental bodies with respect to the development or operation of the Building and the Property; nonrefundable contributions toward reserves utilities not individually metered to tenants; cost of maintaining the pylon sign; and Rent paid for replacements such machinery and equipment if rented from an unassociated third party; all reasonable costs and expenses necessary to maintain or repair the roof of the Building, provided, however, Additional Rent shall not include Landlord's expenses for capital costs associated with the Property or the Building, except such amounts as may be included only to the extent of actual operating expense savings and/or to the degree they represent the amortized portion of such capital costs incurred by Landlord in making any modification, alternation or improvement to the Property or Building; sums payable to Landlord with respect to any debts secured by a deed of trust or mortgage on the Property or Building; depreciation on the Building; leasing or brokerage commissions of any kind; legal expenses for disputes with other tenants and legal, auditing and consulting fees other than equipment; depreciation or rental on equipment; charges, surcharges and other levies related to as necessary in connection with the requirements of any Federal, state or local governmental agency; expenses related to the Common Utility Facilities; Taxes on the improvements and land comprising the Common Area; public liability and property damage insurance on the Common Area; standard "all risks" fire and extended coverage insurance with, at Landlord's option, an earthquake damage endorsement covering the Common Facilities; Tenant's reasonably allocated share of the costs of the normal maintenance and operation of the Shared Parking AreasProperty and Building; expenses incurred by Landlord that are subject to reimbursement by other tenants, third parties, warranties, or condemnation awards; expenses incurred in correcting defects in Building construction, including non-compliance with governmental codes and laws at the time of the Rent Commencement Date and repairs or replacements caused by Landlord's negligence or willful misconduct; Landlord's late fees, penalties and interest on past due amounts owed by Landlord, costs of selling, syndicating, financing, mortgaging or hypothecating any of the Landlord's interest in the Building or Property; and a sum payable any cost representing an amount paid to an entity related to the Landlord that is in excess of the amount that would have been paid in the absence of such relationship. In addition, Tenant shall pay to Landlord for administration and overhead in an amount a reasonable management fee equal to [***] the fee that Landlord pays to the management company (including any affiliate of Landlord) for on-site management of the Common Area Expenses for Building and the applicable year. Specifically excluded from the Common Area Expenses are "Food Court Expenses"Property, as more particularly described in Section 13.7provided, below. *** Confidential treatment requestedhowever, that Tenant's monthly share of such expense will not exceed three percent (3%) of Tenant's Monthly Rent.

Common Area Expenses. The term "Landlord shall keep or cause to be kept said Common Areas in a clean condition, properly lighted and landscaped and shall repair any damage to the facilities thereof, but all expenses (including appropriate reserves) in connection with said Common Areas (collectively hereinafter “Common Area Expenses", ”) shall be charged and prorated as used in this Lease, shall mean all costs and expenses incurred by Landlord in (a) operating, managing, policing, insuring, repairing and maintaining the Common Area and the onsite management and/or security offices, merchants' association offices, postal services, parking structures, if any, nonprofit community buildings and child care centers located Additional Rent in the Shopping Center from time to time ("Common Facilities"), (b) maintaining, repairing and replacing the exterior surface of exterior walls (and storefronts and storefront awnings if Landlord has elected to include the cleaning of same as part of Common Area maintenance) and maintaining, repairing and replacing roofs of the buildings from time to time constituting the Shopping Center, and (c) operating, insuring (including reasonable reserves for deductibles and any self-insured retention), repairing, replacing and maintaining all utility facilities and systems including, without limitation, sanitary sewer lines and systems, fire protection lines and systems, security lines and systems and storm drainage lines and systems not exclusively serving the premises of any tenant or store ("Common Utility Facilities"), mall furniture and equipment, seasonal and holiday decorations, Common Area lighting fixtures, Shopping Center sign monuments and directional signagemanner hereinafter set forth. Common Area Expenses shall be deemed to include, but not be limited to, all sums expended in connection with said Common Areas for all general maintenance and repairs; janitorial services; sweeping; cleaning; snow and ice removal; painting; resurfacing; restriping; maintenance, repair, replacement and/or substitution of: sprinkler systems; doors; sidewalks, curbs and parking areas; Commercial Center signs and other identification signs; planting and landscaping; fountains, courts, stages and canopies, if any; fire protection systems, security alarm systems, lighting systems, storm drainage systems and any other utility systems; sound systems, music program equipment and loudspeakers; and all other such tangible items from time to time associated with the Common Areas. Common Area Expenses shall also include but not be limited to lighting and other utilities; the cost of leasing identification signs; the cost of seasonal decorations of the Commercial Center; personnel to implement services deemed necessary by Landlord in carrying out its obligations under this Article 4, including without limitation, the following: Expenses for maintenance, landscaping, repaving, resurfacing, repairs, replacements, painting, lighting, cleaning, trash removal, security, fire protection cost of security guards; real and similar items; nonrefundable contributions toward reserves for replacements other than equipment; depreciation or rental on equipment; charges, surcharges personal property taxes and other levies related to the requirements of any Federal, state or local governmental agency; expenses related to the Common Utility Facilities; Taxes assessments on the improvements and land comprising the said Common AreaAreas; depreciation on maintenance and operating machinery and equipment or rental paid for such machinery and equipment; compliance with all environmental, remedial and other laws, ordinances, rules, regulations, requirements, directions, guidelines and orders now or hereafter in effect from time to time; public liability and property damage insurance on the Common Area; standard "all risks" fire and extended coverage insurance with, at Landlord's option, an earthquake damage endorsement covering the Common Facilities; Tenant's reasonably allocated share of the costs of the maintenance and operation of the Shared Parking Areasinsurance; and a sum payable amounts as and for appropriate reserves for the replacement and/or substitution of those items as provided herein and in Section 4.4 Landlord may cause any or all of said services to be provided by an independent contractor or contractors. Should Landlord make available additional land for administration and overhead in an amount equal to [***] of the parking or other Common Area purposes, then Common Area Expenses shall also include all expenses incurred in connection with said additional land. Notwithstanding anything to the contrary contained in Article 9 hereof, Landlord may at its option arrange for the applicable year. Specifically excluded collection or removal of trash from the Commercial Center for and on behalf of any tenants. In the event such option is exercised, the cost thereof shall be included in, charged and prorated to said occupants as additional Common Area Expenses are "Food Court Expenses", as more particularly described in Section 13.7, below. *** Confidential treatment requested.

Common Area Expenses. The term "Common “common Area Expenses", ” as used in this Lease, shall mean Lease means all costs and expenses incurred by Landlord Landlord, in (a) operating, managing, policing, insuring, servicing, repairing and maintaining the Common Area and the onsite management and/or security offices, merchants' association offices, postal services, parking structures, if any, nonprofit community buildings and child care centers located in the Shopping Center from time to time ("Common Facilities")Area, (b) maintaining, repairing and replacing the exterior surface of exterior walls (and storefronts and storefront awnings if Landlord has elected to include the cleaning of same as part of Common Area maintenance) and maintaining, repairing and replacing roofs roots of the buildings from time to time constituting the Shopping Center, and Project including the Building; (c) operating, insuring (including reasonable reserves for deductibles and any self-insured retention)insuring, repairing, replacing and maintaining all utility facilities the Common Utility Facilities, and systems including, without limitation(d) Landlord’s pro rata share of common area expenses applicable under any Declaration which is applicable to the Project. “Common Utility Facilities” are defined to include but are not limited to, sanitary sewer lines and systems, gas lines and systems, water lines and systems, fire protection lines and systems, security electric power, telephone and communication lines and systems systems, and storm drainage lines and systems retention facilities not exclusively serving the premises of any tenant or store ("Common Utility Facilities"), mall furniture and equipment, seasonal and holiday decorations, Common Area lighting fixtures, Shopping Center sign monuments and directional signagelocated in the Project. Common Area Expenses Expanses shall include, without limitation, the following: Expenses expenses for maintenance, landscaping, repaving, resurfacing, repairs, replacements, painting, lighting, cleaning, trash removal, security, fire protection and similar items; nonrefundable wages payable lo persons whose duties are connected with maintaining and operating the Property (but only for the portion of such persons’ time allocable to the Project), together with all payroll taxes, unemployment insurance, vacation allowances and disability, pension, profit sharing, hospitalization, retirement and other so-called “fringe benefits” paid in connection with such persons (allocated in a manner consistent with such persons wages); non-refundable contributions toward one or more reserves for replacements other than equipment; depreciation or rental on equipment; charges, surcharges surcharges, and other levies related to the requirements of any Federalfederal, state or local governmental agency; expenses related to the Common Utility Facilities; personal property taxes and Real Property Taxes on the (as defined in Section 10.1 below); costs of insurance maintained by Landlord pursuant to Section 22; costs of improvements and land comprising to the Common Area; public liability and property damage insurance on the Common Area; standard "all risks" fire and extended coverage insurance withArea as may be required from time to time by any laws, at Landlord's optionordinances, an earthquake damage endorsement covering the Common Facilities; Tenant's reasonably allocated share rules or regulations of the costs of the maintenance and operation of the Shared Parking Areasany governmental authority or agency having jurisdiction thereof; and a sum payable to Landlord for administration and overhead in an amount equal to [***] ten percent (10%) of the Common Area Expenses for the applicable year. Specifically excluded from the Common Area Expenses are "Food Court Expenses", as more particularly described in Section 13.7, below. *** Confidential treatment requested.

Common Area Expenses. The During the term "Common Area Expenses"of this lease Landlord shall keep or cause the common area to be kept in a neat, as used in this Leaseclean and orderly condition, properly lighted and landscaped, and shall mean repair any damage to the facilities thereof, but all costs and expenses incurred by Landlord in connection therewith shall be charged and prorated in the manner hereinafter set forth. It is understood and agreed that the term “costs and expenses incurred" shall mean all sums expended by Landlord for payment of all work deemed necessary by Landlord for the operation, maintenance, replacement and repair of the common area, including the following (a) operatingthe specific recitation of which shall not be deemed to limit the definition of such costs and expenses): materials, managingsupplies and all other costs of operating and repairing, policinglighting, insuringresurfacing, repairing re-striping, remarking, directional or other Retail Office Center signs, painting, cleaning and sweeping and removing rubbish or debris and policing and inspecting the parking lot and other common areas; janitorial services; operating and maintaining the Common Area heating and the onsite management and/or security officesair conditioning systems and equipment for such areas; costs and expenses of maintenance, merchants' association officesrepair and replacement when necessary of roofs, postal servicessidewalks, parking structuresareas, if anycurbs, nonprofit community buildings and child care centers located in the Shopping Center from time to time ("Common Facilities")bumpers, (b) maintaininglandscaping, repairing planting, replanting and replacing the exterior surface of exterior walls (and storefronts and storefront awnings if Landlord has elected to include the cleaning of same as part of Common Area maintenance) and maintainingflowers, repairing and replacing roofs of the buildings from time to time constituting the Shopping Centershrubbery other landscaping, and (c) operating, insuring (including reasonable reserves for deductibles and any self-insured retention), repairing, replacing and maintaining all utility drainage facilities and systems including, without limitation, sanitary sewer lines and systems, fire protection lines lighting facilities and systemsother utilities, security lines and servicing and maintaining any sprinkler system; operation, maintenance and repair of any common automatic sprinkler systems and storm drainage lines systems; police and fire protection and security alarm systems and equipment and providing private police protection, security patrol, or night watchmen (including, but not exclusively serving the premises limited to, uniforms); any taxes, real and personal, and assessments imposed by governmental agencies; cost of any tenant or store ("Common Utility Facilities"), mall furniture utility services not separately metered to tenant; depreciation on maintenance and operating machinery and equipment, seasonal if owned, and holiday decorationsrental paid for such machinery and equipment if rented; Landlord’s insurance, Common Area lighting fixtures, Shopping Center sign monuments and directional signage. Common Area Expenses shall include, without limitation, the following: Expenses for maintenance, landscaping, repaving, resurfacing, repairs, replacements, painting, lighting, cleaning, trash removal, security, fire protection and similar items; nonrefundable contributions toward reserves for replacements other than equipment; depreciation or rental on equipment; charges, surcharges and other levies related to the requirements of any Federal, state or local governmental agency; expenses related to the Common Utility Facilities; Taxes on the improvements and land comprising the Common Area; public liability and property damage insurance on the Common Area; standard "all risks" including fire and extended coverage coverage, public liability, property damage, vandalism, malicious mischief, earthquake insurance, insurance withagainst liability for defamation and claims of false arrest, at Landlordand such other insurance in such amounts and covering hazards deemed appropriate by Landlord on the common area; fidelity bonds; worker's optioncompensation insurance and payroll taxes for personnel; including the cost of leasing and operating any signs, an earthquake damage endorsement covering the Common Facilitiespersonnel to implement any service described above, and to direct traffic and police the common areas; Tenant's reasonably allocated share and (i) administrative and overhead costs equal to ten (10%) of the costs of common area costs, and (ii) in the maintenance event Landlord supervises, manages and operation of maintains the Shared Parking Areas; and a sum payable to Landlord for administration and overhead in common area, an amount equal to [***] five percent (5%) of the Common Area Expenses gross rentals received by Landlord from tenants at the Retail Office Center for each calendar year (''gross rentals''), or (iii) in the applicable yearevent an independent contractor supervises, manages and maintains the common area, an amount equal to five percent (5%) of the gross rentals to the independent contractor and an amount equal to one percent (1%) of the gross rentals to Landlord for its supervision of the independent contractor. Specifically excluded from the Common Area Expenses are "Food Court Expenses", as more particularly described in Section 13.7, below. *** Confidential treatment requested.The