Common use of Use of the Premises Clause in Contracts

Use of the Premises. The Premises may be used and occupied for any ------------------- lawful purpose consistent with the operation of a first-class office building in Chicago, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the use of the Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Notice.

Use of the Premises. The Premises may be used and occupied for any ------------------- lawful purpose consistent with the operation of a first-class office building in Chicago, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time use the Premises for any lawfully permitted use, provided that Landlord acknowledges that Tenant contemplates using the Premises for research, development and production laboratories and facilities related to biotechnology, plant genetics, agricultural products, plant material, germplasm, seedlings and administrative office space, provided that, subject to Landlord’s obligations under the Work Letter, Tenant shall be responsible for obtaining and maintaining any and all permits and approvals required for the particular operation of Tenant’s business on the Premises. Tenant acknowledges such contemplated use and is satisfied as to its ability to such use based upon its prior investigation of the statutes, permits and regulations affecting such. Tenant covenants and agrees not to occupy or use or permit the Premises to be occupied or used contrary to any statutes, rules, order, ordinance, requirement or regulation applicable thereto, and the use must comply with reciprocal easement agreements, covenants and the other Permitted Encumbrances (as defined in Section 47). Landlord shall not enter into any reciprocal easement agreements, covenants or any restrictions which may restrict the use of the Building lobby Premises and any Tenant Improvements without Tenant’s prior consent, not to be unreasonably withheld. Landlord has provided to Tenant prior to execution of this Lease and Tenant has approved all existing Permitted Encumbrances. Tenant acknowledges that the Premises constitute a portion of the Pine Hill Commerce Park, and are subject to the Declaration of Protective Covenants, Conditions and Restrictions for Tenant sponsored presentations Pine Hill Commerce Park (together with the By-Laws and Architectural Standards, the “CCR’s”), a "Presentation") for up draft copy of which, dated July 1, 2010, have been previously provided to a total of ten (10) days during each Calendar YearTenant. Tenant shall provide pay to Landlord with at least fourteen as additional rent, within thirty (1430) days prior notice after invoice from Landlord, accompanied by copies of the billing from the Board of Directors of the Association under the CCR’s, all Assessments required to be paid by any Owner under the CCR’s, excluding any fees, fines and penalties arising as a Presentation (result of Landlord’s breach of its obligations as Owner of the "Presentation Notice")Land under the CCR’s. Landlord shall not approve any amendments or modifications to such draft CCR’s that would materially adversely affect Tenant’s use of the Premises for the normal conduct of its business. Before taking any action under the CCR’s in its capacity as Owner of the Premises under the CCR’s that would impact or affect Tenant’s rights and obligations under this Lease or its use of the Premises, Landlord shall obtain the prior written consent of Tenant and any mortgagee of Landlord, not to be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Noticeunreasonably withheld.

Use of the Premises. The (i) Tenant shall use the Premises may be used solely for the purposes specified in Article 6. Tenant further covenants and occupied agrees that it will not use or suffer or permit any person or persons to use the Premises or any part thereof for conducting therein a second-hand store, auction, distress or fire sale, or bankruptcy or going-out-of-business sale, or for the sale of prescription drugs, or for any ------------------- use or purpose in violation of the laws of the United States of America, or the laws, ordinances, regulations and requirements of the state and the county and city where the Club Facility is situated, or of other lawful purpose consistent authorities, and that during said Term, the Premises, and every part thereof, shall be kept by Tenant in a clean and wholesome condition, free from any objectionable noises, odors or nuisances if and to the extent detectable from outside the Premises, and that all health and police regulations with respect to the operation Premises shall, in all respects and at all times, be fully complied with by Tenant. Except as provided in this Lease and the obligations of a first-class office building Landlord, Tenant shall, at its sole cost and expense, faithfully observe in Chicagothe use, Illinoisoccupation and possession of the Premises all municipal and county ordinances, provided that and all state and federal statutes now in force and which may hereafter be in force, and shall fully comply at its sole expense with all regulations, orders and other requirements issued or made pursuant to any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such statutes. Tenant shall not use is not dangerous to person or propertyoccupy the Premises, does not invalidate or increase Landlord's insurance premiumsin any manner which (a) impairs the proper and economic maintenance, does not create a nuisance or unreasonably disturb any other tenant operation and repair of the Building and does not injure the reputation of the Building. Tenant mayor its equipment, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply facilities or systems; (c) unreasonably interferes with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to unreasonably disrupts the use or occupancy of any area of the Building lobby for Tenant sponsored presentations (a other than the Premises) by other lessees or occupants; (d) interferes with the transmission or reception of microwave, television, radio or other communications signals by antennae located on the roof of the Building or elsewhere in the Building; (e) constitutes or promotes "Presentation"drive-through" uses, or similar types of operation, or (f) for up to a total of ten (10) days during each Calendar Year. Tenant constitutes an unlawful condition; it being agreed, however, that this paragraph shall provide Landlord with at least fourteen (14) days prior notice not prohibit Tenant's lawful operation within the Premises of a Presentation (the so-called "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation Noticestrip club" or other adult entertainment facility.

Use of the Premises. (a) Printing Facility Use and Restrictions on Use. The Demised Premises may shall be used for the purpose of office products, office furniture, mail center, data processing or print on demand printing facility and of furnishing services incidental thereto and for no other purpose without the written consent of Lessor first had and obtained which consent shall not be unreasonably withheld. Lessee agrees that it will not use or occupy said Premises or permit the same to be used or occupied for any ------------------- lawful use, purpose consistent with the operation or business deemed hazardous or deleterious by Lessor on account of a first-class office building fire or otherwise; that it will not do, use or permit upon or in Chicagosaid Premises anything that will invalidate any policy or policies of insurance now or hereafter carried on said building, Illinois, provided or that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not may be dangerous to person life or propertylimb; that it will not in any manner deface or injure said building or any part thereof, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant overload the floors of the Building and does not injure the reputation Demised Premises; that it will keep all of the Building. Tenant maysidewalks abutting the Leased Premises free and clear of all obstruction, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beveragesforeign matter, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in snow as the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right same may from time to time accumulate; that it will keep all trash and garbage hauled away from the Demised Premises as the same accumulates, and will keep the Premises in a clean and sanitary condition; that it will not permit any objectionable or loud noises or odor to escape or be emitted from said Premises, or do or permit anything to be done thereon in any way tending to create a nuisance; and that it will comply with all governmental and health laws, ordinances and police and fire department requirements and regulations respecting said Premises and the use of said Premises, now in force or which may hereafter be in force during the term of this lease, including without limiting the generality of the foregoing compliance with the Occupational Safety and Health Act of 1970, as said Act may be amended from time to time, and all standards, rules and regulations promulgated thereunder, now in force or which may hereafter be in force during the term of this lease. Lessor represents to the Lessee that to the best of its knowledge and belief the Leased Premises as constructed and completed will comply with Title III of the Americans with Disabilities Act of 1990, X.X.000-000 ("xxx XXX Xxx"), as now in force. The Lessee agrees to comply with the ADA Act as said Act may be amended from time to time, and all standards, rules and regulations promulgated thereunder, now in force or which may hereafter be in force during the term of this lease, as the same pertain to both the use of the Building lobby Premises as well as the condition of the Premises, and indemnify, defend and hold harmless the Lessor for Tenant sponsored presentations any and all loss, cost, claim or liability of every type and character that the Lessor incurs as a consequence of Lessee's breach of, purported breach of or noncompliance with the ADA Act, Lessee's obligations under this sentence and the following provision of this subparagraph (a) of paragraph 4 as a consequence of the Lessee's occupancy or use of the Premises or the condition of the Premises. Lessee will be responsible to insure that any and all alterations or changes it makes in the Premises or its use in the Premises comply with the ADA Act and will further be responsible for any "path of travel" costs that result from alterations the Lessee makes. Further, the Lessee will not make any change in the use of the Premises so that such change of use will make the Premises a "Presentation"place of public accommodation" pursuant to the ADA Act. Lessor will not be responsible for any unlawful discrimination by the Lessee nor will the Lessor be responsible for any change in the Premises to accommodate disabled employees of the Lessee, it being understood and agreed that the Lessee is responsible for making all such physical changes in the Premises required to accommodate its disabled employees. If any changes in the Premises are required during the term hereof to be made to comply with the ADA Act, the Lessor will cooperate with Lessee in all its efforts to make the building to so comply. Further, Lessee covenants never to permit the Leased Premises to remain unoccupied and unused for the purposes authorized in this agreement for a period of thirty (30) consecutive days, the Leased Premises being available for up to a total such use during the whole of ten (10) days during each Calendar Yearsaid period. Tenant shall provide Landlord with at least fourteen (14) days prior notice Lessee hereby releases the Lessor from any claims or actions arising out of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt Lessee's use of a Presentation Noticethe Premises.

Use of the Premises. The 9.1. RPTA shall use the Premises may be used solely for the purpose of carrying out bus operations set forth in the RPTA/City of Tempe Fixed Route Bus Operations and occupied Maintenance Service Unification, Contract Number 1210018-S. RPTA shall not use the Premises for any ------------------- lawful purpose consistent with use other than that specified in this section without the operation prior written consent of a first-class office building in Chicago, Illinois, provided that any such use Tempe. RPTA agrees to preserve the Premises and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of conduct the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained Activities in a neat manner that meets all federal, state and sanitary condition local statutes, codes, ordinances rules and shall regulations applicable to the Tenant Activities and EVBOM (“Applicable Laws”) relating to the Premises and to the operations contemplated in the Tenant Activities and to comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one Applicable Laws now or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in hereafter enacted concerning the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the use of the Building lobby Premises and the Tenant Activities. The execution of this Agreement is subject to RPTA obtaining any and all permits or approvals which may be required in order for RPTA to operate the Tenant sponsored presentations (a "Presentation") Activities on the Premises. RPTA shall not use or permit the Premises to be used in whole or in part during the Term of this Agreement for up any purpose or use in violation of the laws or ordinances applicable thereto. RPTA shall indemnify, defend and hold Tempe harmless against any loss, expense, damage, attorneys’ fees or liability arising out of failure of RPTA to a total comply with the Applicable Laws. RPTA shall not commit or suffer to be committed, any waste upon the Premises, or allow any sale by auction upon the Premises, or allow the Premises to be used for any unlawful purpose, or place any loads upon the floor, walls or ceiling which endanger the structure, or place any harmful liquids in the plumbing, sewer or storm water drainage system of ten (10) days during each Calendar Yearthe Premises. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord No waste materials or refuse shall be deemed dumped upon or permitted to have approved a Presentation if Landlord does not object remain upon any part of the Premises except in writing trash containers designated for that purpose. Any uses which involve the serving and or sale of alcoholic beverages and the conducting of games of chance are prohibited on the Premises. RPTA shall comply with Tempe’s policy and state law prohibiting the use of tobacco products on the Premises at all times. RPTA shall comply with Tempe’s policy and state law prohibiting weapons and firearms on the Premises. RPTA agrees to immediately respond to concerns expressed by neighbors or Tempe relating to the Tenant within seven (7) days after receipt of a Presentation NoticeActivities on the Premises.

Use of the Premises. The Tenant shall use the Premises may be used and occupied for any ------------------- lawful purpose consistent a multi-purpose, interactive entertainment facility and, with the operation prior written consent of a first-class office building in ChicagoLandlord which shall not be unreasonably withheld, Illinoissuch other uses as permitted by applicable zoning and use regulations and covenants, provided conditions and restrictions. Tenant has satisfied itself, and represents to Landlord, that any such use is lawful and occupancy complies conforms to all applicable zoning and other use regulations, including without limitation all covenants, conditions and restrictions, applicable to the Premises. Tenant shall, at Tenant’s expense, comply promptly with all applicable building statutes, ordinances, rules, regulations, orders, covenants and zoning lawsrestrictions of record, codes and ordinances and such use is not dangerous to person requirements in effect during the Term or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant part of the Building and does not injure Term hereof, regulating the reputation use by Tenant of the BuildingPremises, including, without limitation, the obligation at Tenant’s cost, to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises during the Term (including applicable requirements to the extent set forth in the Americans with Disabilities Act). Tenant mayIn the event that the Premises shall cease to be operated primarily for a multi-purpose, if Tenant so electsinteractive entertainment facility, install and operate vending machines other than a temporary interruption of operation for the exclusive use purpose of Tenant's employees and invitees to dispense hot and cold beveragesremodeling, ice creamor reconstruction following damage by casualty, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right to elect to terminate this Lease by written notice given at anytime thereafter, and upon such termination Tenant’s obligations under this Lease shall cease to accrue, provided Landlord’s right to terminate shall expire six (6) months following Landlord’s receipt from time to time to the use Tenant of the Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior written notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt Tenant’s cessation of operation of a Presentation Noticemulti-purpose, interactive entertainment facility.

Use of the Premises. The 10.1. RPTA shall use the Premises may be used solely for the purpose of carrying out bus operations set forth in the RPTA/City of Tempe Fixed Route Bus Operations and occupied Maintenance Service Unification, Contract Number 1210018-S. RPTA shall not use the Premises for any ------------------- lawful purpose consistent with use other than that specified in this section without the operation prior written consent of a first-class office building in Chicago, Illinois, provided that any such use Tempe. RPTA agrees to preserve the Premises and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of conduct the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained Activities in a neat manner that meets all federal, state and sanitary condition local statutes, codes, ordinances rules and shall regulations applicable to the Tenant Activities and EVBOM (“applicable laws”) relating to the Premises and to the operations contemplated in the Tenant Activities and to comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one now or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in hereafter enacted concerning the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the use of the Building lobby Premises and the Tenant Activities. The execution of this Agreement is subject to RPTA obtaining any and all permits or approvals which may be required in order for RPTA to operate the Tenant sponsored presentations (a "Presentation") Activities on the Premises. RPTA shall not use or permit the Premises to be used in whole or in part during the Term of this Agreement for up any purpose or use in violation of the laws or ordinances applicable thereto. RPTA shall indemnify, defend and hold Tempe harmless against any loss, expense, damage, attorneys’ fees or liability arising out of failure of RPTA to a total comply with the applicable laws. RPTA shall not commit or suffer to be committed, any waste upon the Premises, or allow any sale by auction upon the Premises, or allow the Premises to be used for any unlawful purpose, or place any loads upon the floor, walls or ceiling which endanger the structure, or place any harmful liquids in the plumbing, sewer or storm water drainage system of ten (10) days during each Calendar Yearthe Premises. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord No waste materials or refuse shall be deemed dumped upon or permitted to have approved a Presentation if Landlord does not object remain upon any part of the Premises except in writing trash containers designated for that purpose. Any uses which involve the serving and or sale of alcoholic beverages and the conducting of games of chance are prohibited on the Premises. RPTA shall comply with Tempe’s policy and state law prohibiting the use of tobacco products on the Premises at all times. RPTA shall comply with Tempe’s policy and state law prohibiting weapons and firearms on the Premises. RPTA agrees to immediately respond to concerns expressed by neighbors or Tempe relating to the Tenant within seven (7) days after receipt of a Presentation NoticeActivities on the Premises.

Use of the Premises. The Tenant shall use (i) the Club portion of the Premises only for a first class health and fitness club and other ancillary uses typical to a Spectrum Club, (ii) the Office Space portion of the Premises, once the Deck is completed, only for general office use and (iii) the parking and common areas of the Premises only for parking and other common area uses and, in each such instance, for no other uses without the prior written consent of Landlord, which Landlord may withhold in its sole discretion. In no event shall all or any part of the Premises be used and occupied for any ------------------- of the uses set forth on Exhibit "C" attached hereto and incorporated herein by this reference (collectively, "Prohibited Uses"). Once Tenant has completed the applicable construction obligation pursuant to Section 12.3, Tenant shall continuously operate the Club portion of the Premises as a health and fitness club and the Office Space portion of the Premises for general office use by office subtenants. Tenant has satisfied itself, and represents to Landlord, that use of the Premises for a health and fitness club and general office use, once the Deck is completed, is lawful purpose consistent with and conforms to all applicable zoning and other use restrictions and regulations applicable to the operation of a first-class office building in ChicagoPremises. Tenant shall, Illinoisat Tenant's expense, provided that any such use and occupancy complies comply promptly with all applicable building statutes, ordinances, rules, regulations, orders, covenants and zoning lawsrestrictions of record, codes and ordinances and such use is not dangerous to person requirements in effect during the term or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant part of the Building and does not injure term hereof, regulating the reputation use by Tenant of the Building. Tenant mayPremises, if Tenant so electsincluding, install and operate vending machines for without limitation, the exclusive use of obligation at Tenant's employees cost, to alter, maintain, or restore the Premises in compliance and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply conformity with all applicable laws relating to the condition, use, or occupancy of the Premises during the term of this Lease (including any and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms all requirements as set forth in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance Americans with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the use of the Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total of ten (10) days during each Calendar YearDisabilities Act). Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (not perform any acts or carry on any practices which may injure the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation NoticePremises.

Use of the Premises. The Tenant shall use the Premises may be used and occupied for any ------------------- lawful purpose consistent a multi-purpose, interactive entertainment facility and, with the operation prior written consent of a first-class office building in ChicagoLandlord which shall not be unreasonably withheld, Illinoissuch other uses as permitted by applicable zoning and use regulations and covenants, provided conditions and restrictions. Tenant has satisfied itself, and represents to Landlord, that any such use is lawful and occupancy complies conforms to all applicable zoning and other use regulations, including without limitation all covenants, conditions and restrictions, applicable to the Premises. Tenant shall, at Tenant’s expense, comply promptly with all applicable building statutes, ordinances, rules, regulations, orders, covenants and zoning lawsrestrictions of record, codes and ordinances and such use is not dangerous to person requirements in effect during the Term or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant part of the Building and does not injure Term hereof, regulating the reputation use by Tenant of the BuildingPremises, including, without limitation, the obligation at Tenant’s cost, to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises during the Term (including applicable requirements to the extent set forth in the Americans with Disabilities Act). Tenant mayIn the event that the Premises shall cease to be operated primarily for a multipurpose, if Tenant so electsinteractive entertainment facility, install and operate vending machines other than a temporary interruption of operation for the exclusive use purpose of Tenant's employees and invitees to dispense hot and cold beveragesremodeling, ice creamor reconstruction following damage by casualty, candy, food and cigarettes, provided that such machines shall be maintained in a neat and sanitary condition and shall comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right to elect to terminate this Lease by written notice given at anytime thereafter, and upon such termination Tenant’s obligations under this Lease shall cease to accrue, provided Landlord’s right to terminate shall expire six (6) months following Landlord’s receipt from time to time Tenant of written notice of Tenant’s cessation of operation of a multi-purpose, interactive entertainment facility. Landlord and Tenant acknowledge and agree that that certain land area of approximately 2.1570 acres, as more particularly identified on that certain ALTA/ACSM Land Survey for Mountasia of Willowbrook Project Site No. 1 prepared by Xxxx & Clark’s National Surveyors Network dated as of July 8-10, 1996, and last revised June 7, 1999, as Network Project No. 990267-1, described as “Proposed Future Subdivision – 2.1570 Acres” (the “Excess Acreage”) is part of the Premises demised under this Lease. Notwithstanding anything contained in this Lease to the contrary, Tenant shall not have the right to develop, alter the condition of or conduct its operations on the Excess Acreage without the prior written consent of Landlord unless this Lease has been amended or a new lease in respect of the Excess Acreage has been entered into between Tenant and Landlord to provide for such use of the Building lobby for Excess Acreage as set forth in that Purchase Agreement and Escrow Instructions dated as of May 5, 1999, as amended by that certain First Amendment to Purchase Agreement and Escrow Instructions dated as of June 28, 1999 by and between Tenant sponsored presentations (and Xxxxxx Companies, Inc., a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation NoticeCalifornia corporation.

Use of the Premises. The Premises may not be used and occupied for any ------------------- lawful purpose consistent with which is contrary to the operation teachings of a first-class office building the Catholic Church or which could cause offence. At all times the Catholic nature of the Premises must be respected. Any breach of potential breach of this condition will mean that the use of the Premises is withdrawn. The use of the Premises shall be confined to the Permitted Use and the Occupier shall not use the Premises or allow the Premises to be used for any unlawful purpose or in Chicago, Illinois, provided that any such use and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person unlawful way nor do anything or property, does not invalidate or increase Landlord's insurance premiums, does not create a cause any nuisance or unreasonably disturb inconvenience to neighbouring properties or bring anything onto the Premises which may endanger the same or render invalid any insurance policies in respect thereof. The Occupier shall satisfy himself that the Premises are suitable for the intended purpose and the Diocese gives no warranty that the Premises is legally or physically fit for any purpose. The Occupier, its agent and employees are permitted to park cars and other tenant vehicles in the Parish car park subject to availability and the Occupier is responsible for supervising car parking arrangements so as to avoid obstruction of the Building highway and does not injure emergency exits. All cars and vehicles belonging to the reputation Occupier, its agents or employees shall be removed from the car park promptly at the determination of the Building. Tenant may, if Tenant so elects, install Tenancy and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines no vehicles shall be maintained left in a neat and sanitary condition and the car park overnight. Neither the Parish Priest, the Parish nor the Diocese shall be liable for any loss or damage, howsoever occurring, to vehicles parked in the Premises car park. The Occupier is to not display any signs or notices at the Premises without the prior consent of the Parish Priest (who may at their sole discretion refuse such consent). The Occupier shall permit the Parish Priest and/or Parish representatives, agents or employees to enter the Premises at all times. The Occupier shall comply with all applicable laws laws, regulations and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one or more cafeterias or dining rooms in codes of practice relating to the Premises and serve alcoholic beverages therein for relating to the exclusive use Permitted Use. Notwithstanding any other clause of Tenant's employees these Conditions, the Occupier shall observe any rules and invitees, subject to compliance with all applicable codes regulations made by the Diocese and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in / or the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right Parish Priest from time to and time to which relate the Occupier's use of the Building lobby for Tenant sponsored presentations (a "Presentation") for up to a total of ten (10) days during each Calendar Year. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord shall be deemed to have approved a Presentation if Landlord does not object in writing to Tenant within seven (7) days after receipt of a Presentation NoticePremises.

Use of the Premises. The a. RPTA shall use the Premises may be used solely for the purpose of carrying out bus operations set forth in the RPTA/City of Tempe Fixed Route Bus Operations and occupied Maintenance Service Unification, Contract Number 1210018-S. RPTA shall not use the Premises for any ------------------- lawful purpose consistent with use other than that specified in this section without the operation prior written consent of a first-class office building in Chicago, Illinois, provided that any such use Tempe. RPTA agrees to preserve the Premises and occupancy complies with all applicable building and zoning laws, codes and ordinances and such use is not dangerous to person or property, does not invalidate or increase Landlord's insurance premiums, does not create a nuisance or unreasonably disturb any other tenant of conduct the Building and does not injure the reputation of the Building. Tenant may, if Tenant so elects, install and operate vending machines for the exclusive use of Tenant's employees and invitees to dispense hot and cold beverages, ice cream, candy, food and cigarettes, provided that such machines shall be maintained Activities in a neat manner that meets all federal, state and sanitary condition local statutes, codes, ordinances rules and shall regulations applicable to the Tenant Activities and EVBOM (“applicable laws”) relating to the Premises and to the operations contemplated in the Tenant Activities and to comply with all applicable laws and ordinances. In addition, Tenant may, if Tenant so elects, install, equip and operate one now or more cafeterias or dining rooms in the Premises and serve alcoholic beverages therein for the exclusive use of Tenant's employees and invitees, subject to compliance with all applicable codes and ordinances and provided (a) Tenant has delivered to Landlord certificates evidencing satisfactory insurance against any liability of Landlord arising from such serving of alcoholic beverages in hereafter enacted concerning the Premises; and (b) Tenant has made all appropriate utility modifications at its expense and subject to Landlord's reasonable approval and implemented appropriate pest control measures. Subject to Landlord's reasonable approval, Tenant shall have the right from time to time to the use of the Building lobby Premises and the Tenant Activities. The execution of this Agreement is subject to RPTA obtaining any and all permits or approvals which may be required in order for RPTA to operate the Tenant sponsored presentations (a "Presentation") Activities on the Premises. RPTA shall not use or permit the Premises to be used in whole or in part during the Term of this Agreement for up any purpose or use in violation of the laws or ordinances applicable thereto. RPTA shall indemnify, defend and hold Tempe harmless against any loss, expense, damage, attorneys’ fees or liability arising out of failure of RPTA to a total comply with the applicable laws. RPTA shall not commit or suffer to be committed, any waste upon the Premises, or allow any sale by auction upon the Premises, or allow the Premises to be used for any unlawful purpose, or place any loads upon the floor, walls or ceiling which endanger the structure, or place any harmful liquids in the plumbing, sewer or storm water drainage system of ten (10) days during each Calendar Yearthe Premises. Tenant shall provide Landlord with at least fourteen (14) days prior notice of a Presentation (the "Presentation Notice"). Landlord No waste materials or refuse shall be deemed dumped upon or permitted to have approved a Presentation if Landlord does not object remain upon any part of the Premises except in writing trash containers designated for that purpose. Any uses which involve the serving and or sale of alcoholic beverages and the conducting of games of chance are prohibited on the Premises. RPTA shall comply with Tempe’s policy and state law prohibiting the use of tobacco products on the Premises at all times. RPTA shall comply with Tempe’s policy and state law prohibiting weapons and firearms on the Premises. RPTA agrees to immediately respond to concerns expressed by neighbors or Tempe relating to the Tenant within seven (7) days after receipt of a Presentation NoticeActivities on the Premises.