Common use of Common Area Clause in Contracts

Common Area. Landlord grants Tenant the non-exclusive right, together with all other occupants of the Building and their agents, employees and invitees, to use the Common Area during the Term. For purposes of this Lease, “Common Area” means the parking area, driveways, lobby areas, multitenant corridors and landscaped areas, as well as other areas of the Building and Land which Landlord may designate from time to time as common area available to all tenants. Landlord, at Landlord’s reasonable discretion, may make changes to the Common Area so long as it does not unreasonably interfere with Tenant’s ability to conduct business or adversely affect the Tenant’s access and the quality of the Building. Landlord’s rights regarding the Common Area include, but are not limited to, the right to (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands in the Common Area and lease the same to tenants; (c) temporarily close any portion of the Common Area (i) for repairs, improvements or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape and size of the Common Area; (e) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common Area, including, but not limited to, any parking facilities comprising a portion of the Common Area (which must be applied in a non-discriminatory manner). Notwithstanding the above, Tenant shall have the right to use the conference facility on the first floor and/or the third floor of the Building the “Conference Facility”) at no charge one (1) time per year and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Building) based upon availability of such Conference Facility.

Common Area. Landlord grants Tenant the non-exclusive right, together with all other occupants of the Building Building, and their respective agents, employees and invitees, to use the Common Area during the Term. For purposes of this Lease, “Common Area” means , and any and all easement areas that are appurtenant to the parking area, driveways, lobby areas, multitenant corridors and landscaped areas, as well as other areas of the Building and Land which Landlord may designate Property from time to time as common area available time, during the Term (and any period of Early Occupancy), subject to this Lease and all tenantsRequirements. Landlord, at Landlord’s reasonable sole and absolute discretion, may make changes to the Common Area so long as it does not unreasonably interfere with Area; provided, however, that (a) in the event such changes would materially and adversely affect Tenant’s ability to conduct business or adversely affect use of the Premises and other portions of the Property as provided under this Lease, then Landlord will not make such changes without obtaining Tenant’s access prior written consent (which consent may be granted or withheld in Tenant’s sole discretion), and (b) Landlord shall not make changes or Alterations that would affect, in any material respect, the quality appearance of the main lobby, the exterior of the Building or Property, the elevators of the Building, or the stairways serving the Premises, without obtaining Tenant’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Subject to the terms of the preceding sentence, Landlord’s rights regarding the Common Area include, but are not limited towithout limitation, the right to (ai) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands in the Common Area and lease the same to tenants; (cii) temporarily close any portion of the Common Area (iA) for repairs, improvements or alterationsAlterations, (iiB) to discourage unauthorized use, (iiiC) to prevent dedication of or prescriptive rights, or (ivD) for any other reason that Landlord deems sufficient in Landlord’s reasonable judgment; (div) change the shape and size of the Common Area; (ev) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (fvi) impose and revise reasonable Building Rules and Regulations concerning use of the Common Area, including, but not limited towithout limitation, any parking facilities comprising a portion of the Common Area (which must be applied in a non-discriminatory manner)Area. Notwithstanding the aboveforegoing, Landlord will not exercise such rights in a manner that unreasonably interferes with Tenant’s access to and use of the Premises and other portions of the Property which Tenant shall have has the right to use the conference facility on the first floor and/or the third floor of the Building the “Conference Facility”) at no charge one (1) time per year and may use such Conference Facility on additional occasions at occupy hereunder, nor in a manner that is materially inconsistent with Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule rights under this Lease (which rate must be uniformly charged to all tenants of the Building) based upon availability of such Conference Facilityincluding Section 4.6).

Common Area. Landlord grants Tenant the non-exclusive right, together with all other occupants of the Building and their agents, employees and invitees, to use the Common Area during the Term. For purposes of this Lease, “Common Area” means all areas and improvements within the parking area, driveways, lobby areas, multitenant corridors and landscaped areasProject, as well it now exists or as other areas it exists in the future, not held or designated for the exclusive use or occupancy of the Building and Land which Landlord may designate from time to time as common area available to all tenants. Landlord, at Landlord’s reasonable discretionTenant, or other tenants, including, without limitation, a freight or freight/passenger elevator. Tenant may make changes use the Common Area on a nonexclusive basis during this Lease, including, without limitation, a freight or freight/passenger elevator and Landlord agrees that it shall take all steps necessary to add the existing freight/passenger elevator that is exclusive to a tenant other than Tenant to the Common Area so long as it does not unreasonably interfere and to provide Tenant with Tenant’s ability non-exclusive use thereof. Subject to conduct business or adversely affect the Tenant’s access and the quality of the Building. Landlord’s foregoing, Landlord reserves all rights regarding in connection with the Common Area includeand the rest of the Project, but are not limited toincluding, without limitation, the right to (a) restrain unauthorized persons from using change, relocate, add to, improve or demolish portions of the Common Area; (b) place permanent or temporary kiosksland and/or improvements and the layout thereof and promulgate rules and regulations with respect thereto, displays, carts or stands in limit the Common Area and lease the same to tenants; (c) temporarily close use of any portion of the Common Area (i) for repairsby Tenant or its Affiliates, improvements or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape and size of the Common Area; (e) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common Area, including, but not limited to, any parking facilities comprising a portion place certain portions of the Common Area off limits to Tenant and its Affiliates, including, without limitation, janitorial, maintenance, equipment and storage areas, and entrances, loading docks, corridors, elevators and parking areas (which must be applied in a non-discriminatory mannerspecifically subject to Section 15.2 and the last sentence of this Section 15.1). Notwithstanding Landlord reserves the abovespace above hung ceilings, Tenant shall have below the floor and within the walls of the Premises, and the right to use install, relocate. remove, use, maintain, repair and replace Systems and Equipment within or serving the conference facility on the first floor and/or the third floor Premises or other parts of the Building or the “Conference Facility”) at no charge one (1) time per year Project, and may in such cases Landlord will use such Conference Facility on additional occasions at commercially reasonable efforts avoid disturbing or interfering with the conduct of Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants business more than is reasonably necessary under the circumstances. Except during emergencies or by reason of force majeure or necessary maintenance, repair or construction, Landlord’s exercise of the Building) based upon availability rights in this Article will not ever prevent Tenant from having access to or the use of the Premises or a loading dock or the base building HVAC provided by Landlord, all or which are granted 24 hours per day, seven days per week, but such Conference Facilityexercise will not under any circumstances require Landlord to compensate Tenant in any way, result in any Labilities to Landlord, entitle Tenant to xxxxx rent, or reduce Tenant’s Lease obligations.

Common Area. Subject to the terms and conditions of this Lease and such rules and regulations as Landlord grants may from time to time reasonably prescribe, Tenant and Tenant’s employees, invitees and customers shall, in common with other occupants of the Parcel, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non-exclusive rightright to use the access roads, together with all other parking areas and facilities provided and designated by Landlord for the general use and convenience of the occupants of the Building Parcel, which areas and their agents, employees and invitees, facilities are referred to use herein as “Common Area.” This right shall terminate upon the Common Area during the Term. For purposes termination of this Lease, “Common Area” means . Landlord reserves the parking area, driveways, lobby areas, multitenant corridors and landscaped areas, as well as other areas of the Building and Land which Landlord may designate right from time to time as common area available to all tenants. Landlord, at Landlord’s reasonable discretion, may make changes to in the shape, size, location, amount and extent of the Common Area so long as it does not unreasonably interfere with Area; provided that no such changes shall prevent or materially diminish or adversely affect Tenant’s ability to conduct business have access to and use of the Premises or adversely affect the Tenant’s access allocation of parking spaces. Landlord further reserves the right to promulgate such rules and regulations relating to the quality use of the Common Area, and any part or parts thereof, as Landlord may reasonably deem appropriate for the best interest of the occupants of the Building. LandlordThe rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant, and Tenant shall abide by them and cooperate in their observance. Such rules and regulations may be reasonably amended by Landlord from time to time, with advance notice, and all amendments shall be effective upon delivery of a copy of them to Tenant. Tenant shall have the exclusive use of Tenant’s rights regarding Pro Rata Share of the Common Area include, but are not limited to, the right to (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands parking spaces in the Common Area and lease on a “first-come, first served” basis at no cost to Tenant during the same Term or any extension or renewal of the Term. Tenant shall not at any time park or permit the parking of Tenant’s trucks or other vehicles, or the trucks or other vehicles of others, adjacent to tenants; (c) temporarily close loading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park or permit the parking of Tenant’s vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area (i) not designated by Landlord for repairs, improvements such use by Tenant. Tenant shall not abandon any inoperative vehicles or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for equipment on any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape and size portion of the Common Area; (e) add. Tenant shall make no alterations, eliminate improvements or change the location of any improvements located in additions to the Common Area without prior written approval of Landlord. Landlord shall at all times operate, manage, insure, maintain and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common Area, including, but not limited to, any parking facilities comprising a portion of repair the Common Area (in good order, condition and repair. The manner in which must the Common Area shall be applied maintained and the expenditures for such maintenance shall be at the unfettered discretion of Landlord. Except as excluded herein or in Addendum One, the cost of such repair, maintenance, operation, insurance and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences, and lighting, shall be a non-discriminatory manner). Notwithstanding the above, Common Area Charge and Tenant shall have the right pay to use the conference facility on the first floor and/or the third floor of the Building the “Conference Facility”) at no charge one (1) time per year and may use such Conference Facility on additional occasions at Landlord Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Building) based upon availability Pro Rata Share of such Conference Facilitycosts as provided in Paragraph 12 below.

Common Area. Landlord grants shall maintain the Common Area in good order, condition and repair, in a manner deemed by Landlord reasonable, appropriate and in the best interests of the occupants of the Shopping Center, subject to all other terms and conditions of this Lease relating to the Common Area. Landlord reserves the right to change from time to time the dimensions and location of the Common Area and the location, dimensions, identity and type of any parking area or building in the Shopping Center and to construct additional buildings, additions to existing buildings, and other improvements in the Shopping Center, to eliminate buildings from the Shopping Center, to increase the land size of the Shopping Center, and to change the name, address, number or designation by which the Shopping Center is commonly known. Tenant shall have the non-exclusive rightnonexclusive right to use the portions of the Common Area designated for such use from time to lime, together such use to be in common with all Landlord, other occupants of the Building Shopping Center and their agentsother persons entitled to use the same, employees and inviteessubject to such reasonable rules and regulations as Landlord may from time to time prescribe. Tenant will furnish to Landlord upon request a complete list of license numbers of all automobiles operated by Tenant, its employees, subtenants, licensees or concessionaires. If Tenant fails to abide by any parking designations established by Landlord, then Tenant will pay a fine of $10 for each day any such car is parked in areas other than those designated by Landlord and, in addition to any other remedies available to Landlord, Landlord may tow any automobiles that are parked in areas other than those designated by Landlord. Tenant shall not solicit business or display merchandise within the Common Area, or distribute handbills therein, or take any action which would interfere with the rights of other persons to use the Common Area during without the Term. For purposes of this Lease, “Common Area” means the parking area, driveways, lobby areas, multitenant corridors and landscaped areas, as well as other areas prior written consent of the Building and Land which Landlord, Landlord may designate from time to time as common area available to all tenants. Landlord, at Landlord’s reasonable discretion, may make changes to the Common Area so long as it does not unreasonably interfere with Tenant’s ability to conduct business or adversely affect the Tenant’s access and the quality of the Building. Landlord’s rights regarding the Common Area include, but are not limited to, the right to (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands in the Common Area and lease the same to tenants; (c) temporarily close any portion part of the Common Area (i) for repairs, improvements such periods of time as may be necessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason . No implied easements are granted by this Lease. Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape and size of the Common Area; (e) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common Area, including, but not limited to, any parking facilities comprising a portion of the Common Area (which must be applied in a non-discriminatory manner). Notwithstanding the above, hereby grants Tenant shall have the right to use and designate with signage approved by Landlord, two (2) parking spaces designated solely for electrical vehicle parking for the conference facility non-exclusive use of Tenant, in the locations set forth on the first floor and/or Site Plan. Any signage installed by Tenant designating such parking spaces as electrical vehicle parking shall be subject to Landlord’s prior approval (not to be unreasonably withheld, conditioned or delayed) as to design and wording; provided, however, that signage wording shall be similar to the third floor of the Building the “Conference Facility”) at no charge one (1) time per year and may use such Conference Facility on additional occasions at Tenantfollowing: Parking For Electric Vehicles Only. All Other Vehicles Will Be Towed At Owner’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Building) based upon availability of such Conference FacilityExpense. Electricity Provided By Pluralsight.

Common Area. Landlord grants During the Lease Term, Tenant shall have the non-exclusive right, together with all other occupants of the Building and their agents, employees and invitees, right to use the Common Area defined herein. Landlord reserves the right, in Landlord’s prudent business judgment, to modify the Common Area, including increasing or reducing the size, adding additional buildings, structures or other improvements or changing the use, configuration and elements thereof in its sole discretion and to temporarily close or restrict access from time to time for repair, maintenance or construction or to prevent a dedication thereof, provided that Tenant shall receive reasonable prior written notice to Tenant if such activities are reasonably expected to affect Tenant and Tenant (i) shall at all times have reasonable access to parking and the Premises during such activities; and (ii) such modifications, when completed, shall not adversely interfere with or restrict or disturb Tenant’s possession, use or enjoyment of the TermPremises for the Permitted Use or its rights under this Lease or unreasonably and materially interfere with or restrict Tenant’s use of parking. For purposes Landlord further reserves the right to establish, repeal and amend from time to time non-discriminatory rules and regulations (subject to the express limitations herein) for the use of the Common Area and to grant reciprocal easements or other rights to use the Common Area to owners of other property provided that no amendment to the rules and regulations or granting of rights shall restrict or disturb Tenant’s possession, use or enjoyment of the Premises for the Permitted Use or unreasonably and materially interfere with Tenant’s use or enjoyment of parking facilities and provided, further, to the extent of any conflict between an express provision of this LeaseLease (other than the attached Rules and Regulations) and such amended Common Area rules and regulations, this Lease shall control. “Common Area” means both (i) Project Common Area which includes all portions of the parking areaProject other than the Buildings, including landscaping, sidewalks, walkways, driveways, lobby areascurbs, multitenant corridors and landscaped areasparking lots (including striping), roadways within the Project, sprinkler systems, lighting, surface water drainage systems, an athletic facility to be available for use by Tenant’s employees (the “Athletic Facility”), as well as other areas baseball and soccer fields, a water front park, and a perimeter walking/biking trial, and such further portions of the Building and Land which Project or additional or different facilities as Landlord may designate from time to time as designate or install or make available for the use by Tenant in common area available to all tenants. Landlord, at Landlord’s reasonable discretion, may make changes to the Common Area so long as it does not unreasonably interfere with Tenant’s ability to conduct business or adversely affect the Tenant’s access and the quality of the Building. Landlord’s rights regarding the Common Area include, but are not limited to, the right to (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands in the Common Area and lease the same to tenants; (c) temporarily close any portion of the Common Area (i) for repairs, improvements or alterationsothers, (ii) Building 8 Common Area which includes all mechanical areas, stairwells, elevators and elevator shafts, pipe, cabling and wiring shafts, together with their enclosing walls, plus, to discourage unauthorized usethe extent not leased to an occupant, all entrances, elevator and other lobbies, common corridors and hallways, restrooms, janitor closets, telephone closets, electric closets and other public or common areas located in Building 8, and (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape lobbies, common corridors and size of the Common Area; (e) addhallways, eliminate stairwells, elevators, restrooms and other public or change the location of any improvements common areas located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common Area, including, but not limited to, any parking facilities comprising a portion of the Common Area (which must be applied in a non-discriminatory manner). Notwithstanding the above, Tenant shall have the right to use the conference facility on the first floor and/or the third floor of the Building the “Conference Facility”) at no charge one (1) time per year and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Building) based upon availability of such Conference Facility8.

Common Area. Landlord grants to Tenant the non-exclusive right, together with all other occupants of the Building Project and their agents, employees and invitees, to use the Common Area during the Term. For purposes , subject to the terms of this Lease, “Common Area” means the parking area, driveways, lobby areas, multitenant corridors and landscaped areas, as well as other areas of the Building and Land which Landlord may designate from time to time as common area available to all tenants. Landlord, at Landlord’s reasonable discretion, may make changes to the Common Area so long as it does not unreasonably interfere with Tenant’s ability to conduct business or adversely affect the Tenant’s access Laws and the quality of the BuildingProject Rules. Landlord’s rights regarding the Common Area include, but are not limited to, the right to (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands in the Common Area and lease the same to tenants; (c) temporarily close any portion of the Common Area (i) for repairs, improvements or alterationsAlterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of or prescriptive rights, or (iv) for any other reason Landlord reasonably deems sufficient in Landlord’s reasonable judgmentnecessary; (d) change the shape and size of the Common Area; (e) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning limit the use of the Common Area, including, but not limited to, any parking facilities comprising a portion certain portions of the Common Area (which must be applied to a specific tenant or tenants. Any change in the Common Area that would result in a non-discriminatory manner)change in the determination of the Rentable Area of the Premises (measured in accordance with the Measurement Methodology) will change the Rentable Area of the Premises for all purposes under this Lease, and the Lease will be amended by Landlord and Tenant accordingly. In addition, Landlord reserves the right to set hours for the use of the any common deck area and the lounge area off the lobby on the first floor of each of the South Building and the North Building, and to host private and public events and permit other occupants of the Project to host public and private events in such areas. Landlord has contracted with an outside art consultant to provide art for the Common Area and lobbies of the Project and reserves the right to hold gallery openings and other events in the Common Area and change how the Common Area is decorated. Notwithstanding any of the aboveforegoing, Tenant shall will have the right to use reserve the conference facility on the first floor and/or the third floor of the Building the “Conference Facility”) at no charge one (1) time per year Common Area via an online calendaring system that is maintained by Landlord and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use made available to Tenant as defined set forth in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Building) based upon availability of such Conference FacilitySection 18.2 hereof.

Common Area. The term “Common Area” means all areas from time to time designated by Landlord grants for the general and nonexclusive common use or benefit of Tenant, other tenants of the Project, and Landlord, including, without limitation, roadways, entrances and exits, loading areas, landscaped areas, open areas, park areas, service drives, walkways, common trash areas, vending or mail areas, common pipes, conduits, wires and appurtenant equipment within the Project, maintenance and utility rooms and closets, exterior lighting, exterior utility lines, and parking facilities. Tenant and its employees and visitors shall have the non-exclusive right, together with all other occupants right to use any Common Areas of the Building Project as constituted from time to time, subject to such reasonable rules and their agentsregulations governing the use as Landlord from time to time may prescribe. Notwithstanding anything contained herein to the contrary, employees and inviteesLandlord shall have the right to designate certain portions of the Common Areas (including, but not limited to, areas adjacent to a tenant’s premises and/or trailer parking areas located throughout the Project) for the exclusive use of one or more tenants, so long as, in Landlord’s determination, such designation does not materially adversely impact the rights of any other tenant within the Project. Landlord as part of the management fees under the Operating Expenses shall use good faith efforts to enforce the Rules or Regulations for the benefit of the Tenant. Landlord shall not be responsible for non-compliance by any other tenant or occupant of the Project with, or Landlord's failure to enforce, any of the Rules or Regulations or CC&Rs or any other terms or provisions of such tenant's or occupant's lease. Tenant shall promptly comply with the reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Under no circumstances shall the right herein granted to use the Common Area during the Term. For purposes of this Lease, “Common Area” means the parking area, driveways, lobby areas, multitenant corridors and landscaped areas, as well as other areas of the Building and Land which Landlord may designate from time be deemed to time as common area available to all tenants. Landlord, at Landlord’s reasonable discretion, may make changes to the Common Area so long as it does not unreasonably interfere with Tenant’s ability to conduct business or adversely affect the Tenant’s access and the quality of the Building. Landlord’s rights regarding the Common Area include, but are not limited to, include the right to (a) restrain unauthorized persons from using store any property, temporarily or permanently, in the Common Area; (b) place permanent or temporary kiosks. In the event that any unauthorized storage shall occur, displaysthen Landlord shall have the right, carts or stands without notice, in addition to such other rights and remedies that it may have, to remove the Common Area property and lease charge the same cost to tenants; (c) temporarily close any portion of the Common Area (i) for repairsTenant, improvements or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason which cost shall be immediately payable upon demand by Landlord. Landlord deems sufficient in Landlord’s reasonable judgment; (d) may change the shape and size of the Common Area; (e) addAreas, eliminate including the addition of, elimination of or change the location of to any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common AreaAreas, including, but so long as such change does not limited to, any parking facilities comprising a portion of the Common Area (which must be applied in a non-discriminatory manner). Notwithstanding the above, Tenant shall have the right materially adversely affect Tenant’s ability to use the conference facility on Premises for the first floor and/or the third floor of the Building the “Conference Facility”) at no charge one (1) time per year and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Building) based upon availability of such Conference FacilityPermitted Use.

Common Area. Landlord grants Tenant As used herein, the non-exclusive right, together with all other occupants of the Building and their agents, employees and invitees, to use the Common Area during the Term. For purposes of this Lease, “Common Area” means shall mean all of the areas within the Property outside of the Building, such as the parking area, driveways, lobby areas, multitenant corridors drive aisles, sidewalks and landscaped areas, as well as the same may exist from time to time. Tenant shall have the non-exclusive right to use, in common with Landlord and other areas occupants of the Building Park to whom Landlord has or may hereafter grant reasonable rights to use the same, the Common Area. To the extent other parties that are tenants of the Park share in the use of a portion of the Common Area such parties shall share in the CAM Charge for such portion of the Common Area and Land which Tenant’s Proportionate Share for such item shall be adjusted accordingly. Landlord may designate shall at all times have full control, management and direction of the Common Area and, subject to Tenant’s rights under Section 1.8 above, Landlord reserves the right at any time and from time to time as common area available to all tenants. Landlord, at in Landlord’s reasonable discretion, including for uses that may make changes not be for the sole benefit of the Building, to reduce, increase, enclose or otherwise change the size, location, layout and nature of the Common Area (including without limitation to relocate the ingress and egress easement defined as the “South Driveway” in the Reciprocal Access Easement Agreement dated May 22, 2006, among the Board of Regents of the University of Wisconsin System, Landlord, EMD Biosciences, Inc. (a predecessor in interest to Tenant), and Wisconsin Energy Conservation Corp. (the “Easement Agreement”)), provided that (1) reasonable access to and use of the Leased Premises is provided, (2) Landlord uses reasonable measures to minimize any disruption or interruption to the conduct of Tenant’s business operations at the Leased Premises, (3) Landlord shall not reduce the number of parking spaces available to Tenant on the Property except in accordance with Section 1.7 above, (4) Landlord shall not unreasonably or continuously interfere with the loading dock access at the Leased Premises, (5) direct pedestrian access shall always be provided (subject to relocation to alternate paths on a temporary basis as reasonably necessary to accommodate temporary construction conditions) from the Leased Premises to Innovation One so long as it does not unreasonably interfere with Tenant’s ability to conduct business , or adversely affect the Tenant’s access an affiliate leases space in Innovation One, and the quality (6) any development of the Buildingsoutheast corner of the Surface Lot (other than the development of the Knowledge Road right of way) shall be subject to the prior approval of Tenant, not to be unreasonably withheld. Notwithstanding the foregoing, however, Tenant acknowledges that in all events Landlord’s rights regarding , subject to the Common Area includelimitations in items (1)-(6) above, shall have the right, at all times during the term of this Lease, (i) to develop the Knowledge Road right of way, whether as a public or private right of way, and (ii) to develop the western half of the Property, including but are not limited to, to the right development of structured parking to serve Innovation Two (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands as defined in the Common Area and lease the same to tenants; (c) temporarily close Master Agreement). If any portion of the Common Area (i) is developed for repairsa use that no longer benefits the Building, improvements or alterationsthen effective upon the date on which such use is changed, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape and size of the Common Area; (e) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of such portion shall be deleted from the Common Area, includingand such portion shall also be deemed to be excluded from the Property for purposes of calculating Additional Rent under this Lease. Upon Landlord’s request, but not limited to, any parking facilities comprising a portion Tenant agrees to execute such document(s) as may be necessary to confirm the termination of Tenant’s interest under the Easement Agreement on account of the Common Area modification of the Leased Premises pursuant to this Lease, and/or to join in any amendment to the Easement Agreement or new easement agreement relocating the South Driveway. Landlord agrees to allow Tenant to access the University Research Park Data Network (which must be applied in “URPNet”) from the Leased Premises. URPNet is a nonhigh-discriminatory manner)speed communications service, linking computers located at the University Research Park to the University of Wisconsin-Madison campus and national computer networks. Notwithstanding URPNet is meant to encourage technology and information transfer between companies and the aboveUniversity of Wisconsin-Madison researchers, staff and students. URPNet consists of a fiber optic-based Ethernet serving portions of the University Research Park and connected to the Metropolitan United Fiber Network. Individual workstations are connected to URPNet using twisted-pair Ethernet compatible cabling. URPNet is connected to the Campus System Ethernet. Landlord will allow Tenant shall have to access the URPNet service with an initial system-wide capacity of 1 Gigabit/second. Tenant’s use of URPNet is subject to acceptable use policies promulgated from time to time by Landlord. Landlord reserves the right to limit or deny any Tenant’s use the conference facility on the first floor and/or the third floor of URPNet as a result of repeated violations of promulgated acceptable use policies. Tenant’s use of the Building the “Conference Facility”) at no charge one (1) time per year Campus resources and certain databases may be limited and may use such Conference Facility on additional occasions at require negotiation of separate agreements between Tenant and the University of Wisconsin-Madison. Attached is a description of certain services that may be available to Tenant (Exhibit E). In no event shall Landlord be liable for an interruption or failure in the supply of service between URPNet to the Leased Premises or Tenant’s option at usage of, or failure to access, URPNet unless such is caused by the reckless or intentional misconduct of Landlord. Landlord acknowledges and agrees that all of Tenant’s information and data conveyed via the URPNet is proprietary and confidential and, as such, the University of Wisconsin and Landlord have no rights to use, collect or store such information except such use, collection or storage as would normally be done by a rate per commercial Internet Service Provider (“ISP”). Landlord agrees that Tenant may also use as defined any other ISP and Landlord agrees to grant whatever licenses or easement which may be required in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of connection with the Building) based upon availability of such Conference Facilitysame.

Common Area. Landlord grants Tenant 5.1 The "Common Area" is the non-exclusive right, together with all other occupants part of the Building Shopping Center designated by Landlord from time to time for the common use of all Tenants, including among other facilities, hallways, parking lots, disposals, and their agentsother areas and improvements provided by Landlord for the common use of all Tenants, employees all of which shall be subject to Landlord's sole management and inviteescontrol and shall be operated and maintained in such manner as Landlord, in its discretion, shall determine. Landlord reserves the right to change from time to time the dimensions and location of the Common Area as shown on Exhibit A, as well as the location, dimensions, identity and type of any building shown on Exhibit A and to construct additional buildings or additional stories on existing buildings or other improvements in the Shopping Center, and to eliminate buildings from the plan shown on Exhibit A, provided such changes do not reasonably interfere with Tenant's business. Tenant, its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive right and license to use the Common Area during the Term. For purposes of this Leaseas constituted from time to time, “Common Area” means the parking areasuch use to be in common with Landlord, driveways, lobby areas, multitenant corridors and landscaped areas, as well as other areas Tenants of the Building Shopping Center and Land which other persons permitted by Landlord to use the same, and subject to such reasonable rules and regulations governing use as Landlord may designate from time to time as common area available prescribe, including the designation of specific areas within the Shopping Center or in reasonable proximity thereto in which automobiles owned by Tenant, its employees, subtenants, licensees and concessionaires shall be parked. Tenant will furnish to all tenants. Landlord, at Landlord’s reasonable discretionupon request, may make changes a complete list of license numbers of all automobiles operated by Tenant, its employees, subtenants, licensees or concessionaires. Tenant shall not solicit business or display merchandise within the Common Area, or distribute handbills therein, or take any action which would interfere with the rights of other persons to use the Common Area so long without the prior written consent of the Landlord. Landlord may temporarily close any part of the Common Area for such periods of time as may be necessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations. Landlord shall construct, at its sole cost and expense, a hard surface parking area within the Shopping Center as shown on Exhibit A or in reasonable proximity thereto, it does being expressly agreed, however, that in addition to the rights reserved to Landlord in Article 5, Section 5.1 above, Landlord may from time to time substitute for any parking area shown on Exhibit A other areas or parking facilities reasonably accessible to the Tenants of the Shopping Center, provided such substitutions do not unreasonably interfere with Tenant’s ability 's business. Xxxxxx agrees to conduct business or adversely affect the Tenant’s access and the quality pay upon demand as additional rental, its proportionate share of the Building. Landlord’s rights regarding cost of operation and maintenance of the Common Area includewhich may be incurred by Landlord in its discretion. The Common Area Maintenance Charge includes, but are is not limited to, the right to (a) restrain unauthorized persons from using costs incurred for lighting, heating, air conditioning, water, sewerage, painting, cleaning, policing, inspecting, landscaping, repairing, replacing, guarding and protecting the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands Area of the shopping center. Also included in the Common Area Maintenance Charge is an allowance in the amount of three percent (3%) of the total Minimum Guaranteed Rental amount for the Landlord's overhead, administrative, and lease management costs. The Common Area Maintenance Charge also includes Tenant’s individual water bill, up to a reasonable amount as determined by Landlord, but does not include any of Tenant’s other individual utility or other expenses. The proportionate share to be paid by Tenant of the same to tenants; (c) temporarily close any portion cost of operation and maintenance of the Common Area (i) for repairs, improvements or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change shall be computed on the shape and size ratio that the total area of the Common Area; (e) add, eliminate or change Demised Premises bears to the location gross leasable area of any improvements located in buildings within the Common Area and construct buildings Shopping Center from time to time. Landlord shall make monthly or other structures in periodic charges based upon the Common Area; estimated annual cost of operation and (f) impose and revise reasonable Rules and Regulations concerning use maintenance of the Common Area, including, payable in advance but not limited to, any parking facilities comprising a portion subject to adjustment after the end of the year on the basis of the actual cost for such year. Any such periodic charges shall be due and payable upon delivery of notice thereof. The Minimum Common Area (which must Maintenance Charge, subject to adjustment as provided herein, shall be applied included in a non-discriminatory mannerthe amount set out in Article I, Section 1.1(l). Notwithstanding the above, Tenant shall have the right to use the conference facility on the first floor and/or the third floor of the Building the “Conference Facility”) at no charge one (1) time per year and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Building) based upon availability of such Conference Facility.

Common Area. If the Premises are part of a common-interest subdivision (herein the "PROJECT"), the Landlord hereby grants Tenant the nonright to use the "COMMON AREAS" thereof. Such Common Areas constitute the areas and facilities outside the Premises designated for the general non- exclusive use of Tenant and other lessees of the Project and such tenant's respective employees, suppliers, shippers, customers, and invitees. The Common Areas include parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, and landscaped areas. If the Premises are in a Project, the Tenant acknowledges that this Lease is subject to pre-exclusive rightexisting recorded instruments (herein the "PROJECT DOCUMENTS") affecting the Common Areas and the operation of businesses within the Project. Tenant hereby agrees to comply with the terms of the Project Documents and rules and regulations affecting the use of the Common Areas. Upon Tenant's request, together with Landlord shall deliver to Tenant a current Preliminary Title Report or Title Report and all other occupants underlying documents shown as exceptions to title affecting the Premises. Upon the discovery of any document affecting title which would prohibit or restrict Tenant's use of the Premises for a retail entertainment software or video rental and sales store, then Tenant may terminate this Lease upon thirty (30) days' prior written notice to Landlord, unless Landlord is able to remove such prohibition or restriction within said 30-day period. Notwithstanding the foregoing, Landlord understands and agrees that the Premises can be used by tenant as a retail entertainment software or video sales and rental store and Tenant's ability to so use the Premises is a condition precedent to this Lease. Landlord represents that nothing contained in the Project Documents or applicable zoning will prohibit construction of the Building and their agents, employees and invitees, to use the Common Area during the Term. For purposes of as contemplated in this Lease, “Common Area” means the parking area, driveways, lobby areas, multitenant corridors and landscaped areas, as well as other areas of the Building and Land which . Landlord may designate from time to time as common area available to all tenants. Landlord, at Landlord’s reasonable discretion, may shall make no changes to the Common Area so long as it does not unreasonably or other improvements in the Project which would adversely impact the visibility of or access to the Premises or reduce parking available to the Premises or otherwise interfere with Tenant’s ability to conduct business or adversely affect the Tenant’s access and the quality of the Building. Landlord’s rights regarding the Common Area include, but are not limited to, the right to (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands in the Common Area and lease the same to tenants; (c) temporarily close any portion of the Common Area (i) for repairs, improvements or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape and size of the Common Area; (e) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common Area, including, but not limited to, any parking facilities comprising a portion of the Common Area (which must be applied in a non-discriminatory manner). Notwithstanding the above, Tenant shall have the right to use the conference facility on the first floor and/or the third floor of the Building the “Conference Facility”) at no charge one (1) time per year and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Building) based upon availability of such Conference Facility's business.

Common Area. If the Premises are part of a common-interest subdivision (herein the "Project"), the Landlord hereby grants Tenant the right to use the "Common Areas" thereof. Such Common Areas constitute the areas and facilities outside the Premises designated for the general non-exclusive rightuse of Tenant and other lessees of the Project and such tenant's respective employees, together suppliers, shippers, customers, and invitees. The Common Areas include parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, and landscaped areas. If the Premises are in a Project, the Tenant acknowledges that this Lease is subject to pre-existing recorded instruments (herein the "Project Documents") affecting the Common Areas and the operation of businesses within the Project. Tenant hereby agrees to comply with the terms of the Project Documents and rules and regulations affecting the use of the Common Areas. Upon Tenant's request, Landlord shall deliver to Tenant a current Preliminary Title Report or Title Report and all other occupants underlying documents shown as exceptions to title affecting the Premises. Upon the discovery of any document affecting title which would prohibit or restrict Tenant's use of the Premises for a retail entertainment software or video rental and sales store, then Tenant may terminate this Lease upon thirty (30) days' prior written notice to Landlord, unless Landlord is able to remove such prohibition or restriction within said 30-day period. Notwithstanding the foregoing, Landlord understands and agrees that the Premises can be used by tenant as a retail entertainment software or video sales and rental store and Tenant's ability to so use the Premises is a condition precedent to this Lease. Landlord represents that nothing contained in the Project Documents or applicable zoning will prohibit construction of the Building and their agents, employees and invitees, to use the Common Area during the Term. For purposes of as contemplated in this Lease, “Common Area” means the parking area, driveways, lobby areas, multitenant corridors and landscaped areas, as well as other areas of the Building and Land which . Landlord may designate from time to time as common area available to all tenants. Landlord, at Landlord’s reasonable discretion, may shall make no changes to the Common Area so long as it does not unreasonably or other improvements in the Project which would adversely impact the visibility of or access to the Premises or reduce parking available to the Premises or otherwise interfere with Tenant’s ability to conduct business or adversely affect the Tenant’s access and the quality of the Building. Landlord’s rights regarding the Common Area include, but are not limited to, the right to (a) restrain unauthorized persons from using the Common Area; (b) place permanent or temporary kiosks, displays, carts or stands in the Common Area and lease the same to tenants; (c) temporarily close any portion of the Common Area (i) for repairs, improvements or alterations, (ii) to discourage unauthorized use, (iii) to prevent dedication of prescriptive rights, or (iv) for any other reason Landlord deems sufficient in Landlord’s reasonable judgment; (d) change the shape and size of the Common Area; (e) add, eliminate or change the location of any improvements located in the Common Area and construct buildings or other structures in the Common Area; and (f) impose and revise reasonable Rules and Regulations concerning use of the Common Area, including, but not limited to, any parking facilities comprising a portion of the Common Area (which must be applied in a non-discriminatory manner). Notwithstanding the above, Tenant shall have the right to use the conference facility on the first floor and/or the third floor of the Building the “Conference Facility”) at no charge one (1) time per year and may use such Conference Facility on additional occasions at Tenant’s option at a rate per use as defined in Exhibit “E” - Meeting Space Rate Schedule (which rate must be uniformly charged to all tenants of the Building) based upon availability of such Conference Facility's business.