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1 shopping center.
<br />2
<br />3 B. Prior to the date of Tenant's occupation of the demised premises, Landlord shall cause
<br />4 substantially all of said common and parking area or areas to be graded, blacktopped, lighted. and
<br />5 appropriately marked and landscaped at no expense to Tenant, and shall causethe same to be maintained in
<br />6 good condition and repair during the entire term hereof.
<br />7
<br />a C. Landlord shall keep, or cause to be kept by others if Landlord is not responsible for manage-
<br />9 ment of the shopping center, said automobile parking and common areas in a neat, clean and orderly
<br />10 condition, properly lighted and landscaped, and shall repair any damage to the facilities thereof, but all
<br />11 expenses inconnection with said automobile parking and common areasshall be charged and prorated in the
<br />12 manner hereinafter set forth. It is understood and agreed that the phrase "expenses in connection with said
<br />13 automobile parking and common areas" as used herein shall be construed to include, but not be limited to, all
<br />14 sums expended by Landlord in connection with said automobile parking and common areas for all general
<br />15 maintenance and repairs, resurfacing, painting, restriping, cleaning, sweeping and janitorial services;
<br />16 planting and landscaping; lighting and other utilities; directional signs and other markers and bumpers;
<br />17 personnelto implement such services and to police the automobIle parking and common areas; requiredifees
<br />18 orcharges levied pursuant to anygovernmental requirements; public liabilityand propertyclarnage insurance
<br />19 on the automobile parking and common areas, which shall be carried and maintained by Landlord and under
<br />20 which Tenant shall be named as an additional insured, with limits as determined by Landlord; plus a fee equal
<br />21 to ten percent(I 0%) of said costs to Landlord for Landlord's orother's supervision of said automobile parking
<br />22 and common areas. Said expenses and supervision fee shall herein be referred to as "Parking and Common
<br />23 Area Expenses".
<br />24
<br />25 If various parcels within the shopping center are or shall become separately managed, Landlord
<br />26 shall be responsible for maintaining only parcels of which the demised premises are a part and other parcels
<br />27 Landlord is charged with maintaining.
<br />28
<br />29 D. Landlord shall periodicallysend toTenanta statement, itemizing in reasonable detail, the total
<br />30 Parking and Common Area Expenses, and Tenant shall pay as Additional Rental to Landlord, Tenant's share
<br />31 of such expenses. Tenant's pro rata share shall be determined by the ratio that the number of square feet of
<br />32 gross floor area in the demised premises bears to the total number of square feet of gross floor area of all
<br />33 buildings in the shopping centerwhich have been completed as of the commencement of the billing period. In
<br />34 the event the shopping centerof which the dernised premises area part consists of more than one subdivided
<br />35 parcel, Landlord may elect to determine Tenant's pro rata share of Parking and Common Area Expenses,
<br />36 based upon the ratio that the number of square feet of gross floor area in the demised premises bears to the
<br />37 total number of square feet of the gross floor area of all buildings which have been completed as of the com-
<br />38 mencement of the billing period in the subdivided parcel in which the demised premises area part multiplied
<br />39 by the pro rata share of the Parking and Common Area Expenses f orsuch subdivided parcel. There shall bean
<br />40 appropriate adjustment of Tenant's share of the expenses as of the commencement and expiration of the
<br />41 term of this Lease.Theterm"grossfloorarea"shall mean ground floorarea and second floor area, if any, with
<br />42 measurements from the outsideof exterior walls and from the center of interlorwalls, SaidAdditional Rental is
<br />43 due ten (10) days afterthe date of mailing (due date) of the statement therefor and is in default if not received
<br />- 44 by Landlord within the ten (10) days after the due date. Additional Rental in default shall be subject to an
<br />45 additional charge of ten percent (10%)per month on the unpaid balance as a late charge. Landlord may
<br />46 estimate the amount of said Parking and Common Area Expenses next due, and collect and Impound as
<br />47 Additional Rental from Tenant, on a monthly basis, the amount of Tenants pro rata share as set forth in
<br />48 Section 4C(ii).
<br />49
<br />50 E. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and
<br />51 subtenants, shall havethe nonexclusive right in common with Landlord, and other present and futufe owners,
<br />52 tenantsand theiragents, employees, customers, licensees and subtenants, tousesaldCommon and Parking
<br />53 Areasduring theentireterm of thisLease, oranyextension thereof, foringress and egress, roadway, sidewalk
<br />54 and automobile parking; provided, however, Tenant and Tenant's employees shall park their automobiles in
<br />55 those areas designated for employee parking, or at Landlord's written request shall park their automobiles
<br />56 outside of the shopping center, provided all other tenants within the shopping center are required to do the
<br />57 same. If Tenant or its employees fail to park their cars in designated employee
<br />58 parking areas, then Tenant will be charged $15.00 per day per car for each violation
<br />59 F. Tenant, in the use of said Common and Parking Areas, agrees to comply with such reasonable
<br />60 rules and regulations as Landlord may adopt from time to time for the orderly and proper operation of said
<br />61 Common and Parking Areas.
<br />62
<br />63 G. Tenant shall, at its expense, arrange for the collection of its trash, unless Landlord elects to
<br />64 provide trash collection as a part of the Parking and Common Area Maintenance. Tenant shall not use any
<br />65 trash container in the Parking or Common Area unless it is paid for by him or unless he has written author
<br />66 ization from Landlord to use the trash container.
<br />67
<br />68 9. U S E S P R O H I B I T E D. Tenant shall not use, or permit said premises, or any part thereof, to be
<br />69 used for any purpose or purposes other than the purpose or purposes for which said premises are hereby'
<br />70 leased; and no use shall be made orpermitted to be made of said premises, noracts done, which will increase
<br />71 the existing rate of insurance upon the building in which said premises may be located (once said rate is
<br />72 established), or cause a cancellation of any insurance policy covering said building or any part thereof, nor
<br />73 shall Tenant sell or permit to be kept, used Or sold in or about said premises any article which may be
<br />74 prohibited by standard form of fire insurance policies. Tenant shall, at his sole cost, comply with any and all
<br />75 requirements(pertainingto the useof said premises) of any insurance organization or company necessary for
<br />76 the maintenance of reasonable fire and public liability insurance covering said building and appurtenances.
<br />77 In the event Tenant's use of the premises, as recited in Section 1 hereof, results in a rate increase for the
<br />78 building of which the demised premises are a part, Tenant shall pay annually on the anniversary date of this
<br />79 Lease, as Additional Rental, a sum equal to that of the additional premium occasioned by said rate increase.
<br />80 Tenant shall not, without the prior written consent of Landlord, sell merchandise
<br />x,
<br />from vending machines or allow any coin or token operated vending, video, pinball,
<br />or gaming machines on the premises and shall not use, permit, sell or display any
<br />goods or services which in the sole discretion of Landlord, are inconsistent with
<br />the image of a community or family oriented shopping center.
<br />Paged oill
<br />s..
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