Common use of PREMISES; COMMON AREAS Clause in Contracts

PREMISES; COMMON AREAS. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms and conditions set forth herein, the Premises. In connection with its use of the Premises, Tenant shall also have the non-exclusive right to use the areas as designated from time to time by Landlord as common areas, which shall in any event include common restrooms, hallways, the lobby, the break room and the shipping and receiving area shown on Exhibit B hereto (the “Common Areas”), as they may be modified by Landlord. Subject to the terms set forth in this Section 1, Tenant shall have the right to install a locked cage and rack (subject to Landlord’s approval of the specifications therefor, which shall not be unreasonably withheld) in the IT/server room that is currently part of the Common Areas. If Landlord desires in its sole discretion to no longer include the IT/server room as part of the Common Areas, Tenant shall remove and relocate its equipment from such room by the date designated by Landlord in a written notice provided to Tenant not less than thirty (30) days prior to the required removal date. Such removal and relocation shall be at Tenant’s sole cost; provided, however, Landlord shall reimburse Tenant, promptly following delivery of paid invoices therefor, of fifty percent (50%) of Tenant’ actual, out of pocket, third party design, permitting and construction costs to install a server room in the Premises (subject to the terms of Section 11), provided Landlord’s contribution shall in no event exceed $7,500. Tenant shall use the Common Areas in a manner that complies with all applicable laws and any rules and regulations that may be adopted by Landlord from time to time. Tenant shall use the Common Areas in a manner that will not interfere with the rights of any other tenants, licensees or Landlord’s service providers. Landlord assumes no responsibility for enforcing Tenant’s rights or for protecting the Common Areas from interference or use from any person, including, without limitation, other tenants or licensees of the Project.

PREMISES; COMMON AREAS. Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord, upon the terms Premises described in the Basic Lease Information Rider (the “BLI Rider”), attached to the front of this Lease and conditions set forth hereinincorporated into this Lease by reference. The Premises are pictorially illustrated on the Floor Plan attached hereto as Exhibit “A” and, by this reference incorporated herein (“Premises”). The exterior walls, the Premises. In connection with its space above the ceiling of the Premises and the area beneath the surface of the unfinished floor of the Premises are not demised under this Lease, and the use of those areas, together with the right to install, maintain, use, repair and replace pipes, ducts, conduits, wires and structural elements leading through the Premises in locations that will not materially interfere with Tenant’s use the Premises, are reserved to Landlord. No other space is demised by intention or omission. Common areas include all areas of the Building not leased or rented to, or held for lease or rental to, or exclusive use of, Tenant shall also have or any other tenant of Landlord, which areas are used by more than one tenant of Landlord in the non-exclusive right to use the areas as designated from time to time by Landlord as common Building, including, without limitation, all unassigned parking spaces, driveways, truck courts, truck service areas, which shall in and sidewalks, if any event include common restrooms, hallways, of those areas exist on the lobby, Project to service all tenants of the break room and the shipping and receiving area shown on Exhibit B hereto Project (the “Common Areas”), as they may be modified by Landlord. Subject provided that off-road parking areas not adjacent to the terms Premises shall not be available for use by Tenant or Tenant’s guests, employees or invitees unless otherwise set forth in this Section 1herein. Common Areas will, Tenant shall have the right to install a locked cage and rack (at all times, be subject to Landlord’s approval exclusive control and management in accordance with the terms and provisions of this Lease. Landlord expressly represents that the stated rentable square feet is accurate, and acknowledges that Tenant relied solely on Landlord’s representation of the specifications therefor, which shall not be unreasonably withheld) rentable square feet in the IT/server room that is currently part contemplation of the Common Areas. If Landlord desires in its sole discretion to no longer include the IT/server room as part of the Common Areas, Tenant shall remove and relocate its equipment from such room by the date designated by Landlord in a written notice provided to Tenant not less than thirty (30) days prior to the required removal date. Such removal and relocation shall be at Tenant’s sole cost; provided, however, Landlord shall reimburse Tenant, promptly following delivery of paid invoices therefor, of fifty percent (50%) of Tenant’ actual, out of pocket, third party design, permitting and construction costs to install a server room in the Premises (subject to the terms of Section 11), provided Landlord’s contribution shall in no event exceed $7,500. Tenant shall use the Common Areas in a manner that complies with all applicable laws and any rules and regulations that may be adopted by Landlord from time to time. Tenant shall use the Common Areas in a manner that will not interfere with the rights of any other tenants, licensees or Landlord’s service providers. Landlord assumes no responsibility for enforcing Tenant’s rights or for protecting the Common Areas from interference or use from any person, including, without limitation, other tenants or licensees of the Projectentering this Lease.

PREMISES; COMMON AREAS. (a) Subject to and upon the terms, provisions and conditions hereinafter set forth, and each in consideration of the duties, covenants and obligations of the other hereunder, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms and conditions set forth herein, the Premises. In connection Tenant is hereby granted a non-exclusive right to use, in common with the other tenants all of the Common Areas. Landlord shall have exclusive control and management responsibility of the Common Areas. Landlord may, from time to time, alter and reconfigure all or any portion of the Common Areas and install kiosks, planters, fountains, sculptures, signs, and other structures within the Common Areas. Landlord shall have the right to establish, modify, and enforce reasonable rules and regulations with respect to the Common Areas. Landlord makes no representation or warranty concerning the size of the Common Areas and may, in the future, reduce the size of the Common Areas in its reasonable discretion. Landlord shall have the right at any and all times to temporarily close any portion of the Common Areas for the purpose of making repairs, changes or additions thereto (or permanently close for any permanent addition to the Building). Notwithstanding the foregoing, Landlord shall not, in the exercise of any its rights under this Section 2.01(a), unreasonably disturb Tenant’s right to quiet enjoyment and beneficial use of the Premises, Tenant shall also have materially impair Tenant’s access to and from the non-exclusive right to use the areas as designated from time to time by Landlord as common areas, which shall in any event include common restrooms, hallways, the lobby, the break room Premises and the shipping and receiving area shown on Exhibit B hereto Parking Deck, or materially interfere with the parking rights granted to Tenant in Section 4.02 below. (the “Common Areas”), as they may be modified by Landlord. Subject to the terms set forth in this Section 1, Tenant shall have b) Landlord reserves the right to install a locked cage install, maintain, use, repair and rack (subject replace pipes, ductwork, conduit, utility lines and wires through hung ceiling space, column space, and partitions, in or beneath the floor slab or above or below the Premises, except that Landlord shall not unreasonably interfere with or interrupt the business operations of Tenant within the Premises, and only to the extent necessary as determined in Landlord’s approval of reasonable discretion. (c) Landlord reserves the specifications therefor, which shall not be unreasonably withheld) in right to remeasure the IT/server room that is currently part of the Common Areas. If Landlord desires in its sole discretion to no longer include the IT/server room as part of the Common Areas, Tenant shall remove and relocate its equipment from such room by the date designated by Landlord in a written notice provided to Tenant not less than Premises within thirty (30) days prior to of the required removal date. Such removal Commencement Date, and relocation shall be at Tenant’s sole cost; providedif as a result thereof, however, Landlord shall reimburse Tenant, promptly following delivery the rentable square feet of paid invoices therefor, of fifty percent (50%) of Tenant’ actual, out of pocket, third party design, permitting and construction costs to install a server room in the Premises (subject to the terms of Section 11), provided Landlord’s contribution shall in no event exceed $7,500. Tenant shall use the Common Areas in a manner that complies with all applicable laws and any rules and regulations that may be adopted by Landlord from time to time. Tenant shall use the Common Areas in a manner that will not interfere with the rights of any other tenants, licensees is greater or Landlord’s service providers. Landlord assumes no responsibility lesser for enforcing Tenant’s rights or for protecting the Common Areas from interference or use from any personwhatever reason, including, without limitation, other tenants or licensees modifications in the construction of the ProjectPremises, then all items that are dependent upon the Tenant’s rentable square feet, including, but not limited to, all Rent owed under this Lease, shall be adjusted by an amendment to this Lease; provided, however, in no event shall the Rentable Area of the Premises be increased by more than two percent (2%) as a result of any such remeasurement.

PREMISES; COMMON AREAS. (a) Subject to the terms and conditions herein contained, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon those areas within the terms Building described on Exhibit A-2 attached hereto and conditions incorporated herein by reference (the “Premises”), containing approximately ___________ rentable square feet in the aggregate. Tenant acknowledges and agrees that, subject to the ongoing obligations of maintenance and repair by Landlord as set forth herein, Tenant is accepting the Premises. In connection with Premises in its use of the Premises“AS IS” “WHERE IS” condition, and without any improvements and/or alterations to be constructed by Landlord. (b) Tenant and its employees and invitees shall also have the non-exclusive right to use use, in common with Landlord, those portions of the areas Property that are not labeled as designated from time to time “Premises” or “Landlord Premises” on Exhibit A-2 attached hereto and incorporated herein by Landlord as common areasreference, which shall in including, without limitation, any event include common restroomslobbies, hallways, dock areas, loading docks, plazas, drive aisles, sidewalks, certain parking areas as described in this Lease, corridors, fire vestibules, elevators, foyers, electric and telephone closets, stairways, restrooms, breakrooms, mechanical rooms, janitorial closets, and other similar facilities located within such portions of the lobbyProperty (collectively, the break room and the shipping and receiving area shown on Exhibit B hereto (the “Common Areas”). Landlord is responsible for the operation, management, and maintenance of the Common Areas, and the manner in which the Common Areas are operated, managed and maintained shall be reasonably consistent with that of other buildings in Juncos, Puerto Rico, which buildings are comparable in quality of appearance, services, and amenities (the “Comparable Buildings”), and the use thereof shall be subject to such uniformly applied rules as they Landlord and Tenant may be modified by Landlordmutually agree from time to time. Subject Landlord reserves the right to temporarily close elements of the Common Areas in connection with ▇▇▇▇▇▇▇▇’s performance of its maintenance and repair obligations hereunder; provided, however, such closures shall not materially and adversely interfere with Tenant’s use or occupancy of the Premises pursuant to the terms set forth in of this Section 1Lease, Tenant and Landlord shall ensure continued access to the Premises and use commercially reasonable efforts to minimize any interference with Tenant’s use and occupancy of the Premises pursuant to the terms of this Lease during the period of such closure. Landlord shall have the right to install a locked cage and rack construct new improvements or otherwise make modifications or alterations to the Common Areas or the Landlord Premises without the prior consent of Tenant; provided, that such improvements, modifications or alterations do not (subject to Landlord’s approval of i) materially reduce the specifications therefor, which shall not be unreasonably withheld) in the IT/server room that is currently part size of the Common Areas. If Landlord desires in its sole discretion to no longer include Areas or alter the IT/server room as part intended purpose of the Common Areas, Tenant shall remove and relocate its equipment from Areas (without providing suitable alternative space offering similar purposes of such room by the date designated by Landlord Common Areas to be modified) or otherwise result in a written notice provided to Tenant not less than thirty (30) days prior material changes to the required removal date. Such removal and relocation shall be at Tenant’s sole cost; provided, however, Landlord shall reimburse Tenant, promptly following delivery use or utility of paid invoices therefor, of fifty percent (50%) of Tenant’ actual, out of pocket, third party design, permitting and construction costs to install a server room in the Premises (subject to the terms of Section 11), provided Landlord’s contribution shall in no event exceed $7,500. Tenant shall use the Common Areas in a manner that complies with all applicable laws and any rules and regulations that may be adopted by Landlord from time to time. Tenant shall use the Common Areas in a manner that will not interfere with the rights of any other tenants, licensees or Landlord’s service providers. Landlord assumes no responsibility for enforcing Tenant’s rights or for protecting the Common Areas from interference or use from any person, (including, without limitation, other tenants access thereto), (ii) result in changes to the structural or licensees mechanical elements of the ProjectBuilding such that the Premises would be relocated or reduced or expanded in size, or the mechanical operations or utility services provided with respect to the Premises or the Common Areas would be diminished or changed in any way which would materially and adversely interfere with the quiet and comfortable enjoyment thereof, or (iii) result in any materially unreasonable interference with Tenant’s use and occupancy of the Premises, including, as a result of limitations on access, increased noise, dust or vibrations, disruption of utility services, decreased safety or security conditions, or increased obligations or liabilities of Tenant on account thereof. Tenant shall have no right to perform any improvements, modifications, or alterations with respect to the Common Areas or the Premises, except as permitted in accordance with the terms and conditions of this Lease, including Section 11 hereof. (c) Tenant’s and Landlord’s use of parking areas comprising the Common Areas shall be subject to the following terms and conditions: (i) Parking is available 24/7 at the Building. The remote solar parking area upon the Property is accessible from 4:30 a.m. to 11:00 p.m., Monday through Friday. Tenant shall bear all costs associated with any requests by Tenant to change the established parking schedule. (ii) Vehicle access to the main parking area adjacent to the Building is controlled automatically through the use of employee badges to operate the entry gate, while access to the remote solar parking area upon the Property is managed by security personnel who verify car authorization stickers displayed on the windshield. (iii) Tenant shall be assigned up to four hundred fifty (450) parking permits for use of the parking areas comprising the Common Areas. Requests for additional permits must be submitted in writing and will be subject to ▇▇▇▇▇▇▇▇’s discretion for approval. (iv) Other than those stalls that may be specifically marked as reserved (e.g., senior management, handicapped stalls and/or stalls reserved for expectant mothers), parking stalls within the parking areas comprising the Common Areas shall be used on an unreserved, first-come-first-serve basis. No other parking rights are conferred upon Tenant with respect to the Land pursuant to this Lease.