IS HEREBY GRANTED THE RIGHT TO THE
NONEXCLUSIVE USE BY TENANT AND TENANT'S EMPLOYEES, AGENTS, CONTRACTORS AND
INVITEES, OF (I) THE COMMON CORRIDORS AND HALLWAYS, STAIRWELLS, ELEVATORS,
CLOSETS, ELECTRICAL AND TELEPHONE ROOMS, RESTROOMS AND OTHER PUBLIC OR COMMON
AREAS LOCATED WITHIN THE BUILDING (EXCLUDING THE ROOF, EXCEPT
AS EXPRESSLY SET
FORTH IN SECTION 26.30 BELOW), AND (II) THE AREAS LOCATED ON THE REAL PROPERTY
DESIGNATED BY LANDLORD (AND/OR ANY COMMON AREA ASSOCIATION FORMED BY LANDLORD OR
LANDLORD'S ASSIGNEE FOR LNR WARNER CENTER) FROM TIME TO TIME AS COMMON AREAS FOR
THE BUILDING, INCLUDING THE BUILDING H PARKING FACILITIES AND THE PHASE III
PARKING STRUCTURE, BUT SPECIFICALLY EXCLUDING (A) THE OTHER EXISTING BUILDINGS
AND THE PHASE I PARKING STRUCTURE, AND (B) ANY OTHER IMPROVEMENTS LOCATED ON
AND/OR AREAS WITHIN THE PROJECT (INCLUDING SURFACE PARKING AREAS) WHICH ARE
DESIGNATED BY THE OWNERS THEREOF AND/OR ANY SUCH COMMON AREA ASSOCIATION AS
EXCLUSIVE OR RESERVED AREAS.
NOTWITHSTANDING THE FOREGOING TO THE CONTRARY,
TENANT'S USE OF SUCH COMMON AREAS (1) SHALL NOT DAMAGE OR INTERFERE WITH THE
OPERATION OF THE BUILDING OR ANY OTHER PORTION OF THE PROJECT, AND (2) SHALL BE
SUBJECT TO (A) THE APPROVAL OF THE CITY OF LOS ANGELES AND ALL OTHER APPLICABLE
GOVERNMENTAL AUTHORITIES TO THE EXTENT REQUIRED THEREBY, AND THE RIGHTS OF ANY
PARTY UNDER, AND THE PROVISIONS AND RESTRICTIONS CONTAINED IN, THE UNDERLYING
DOCUMENTS (AS DEFINED IN SECTION 5.1 BELOW), AND TENANT'S COMPLIANCE WITH ALL
APPLICABLE LAWS (AS DEFINED IN ARTICLE 22 BELOW) AND THE UNDERLYING DOCUMENTS,
AND (B) SUCH REASONABLE, NON-DISCRIMINATORY RULES, REGULATIONS AND RESTRICTIONS
AS LANDLORD MAY MAKE FROM TIME TO TIME (WHICH SHALL BE PROVIDED IN WRITING TO
TENANT); PROVIDED, HOWEVER, ANY SUCH RULES, REGULATIONS AND RESTRICTIONS MADE BY
LANDLORD SHALL NOT RESULT IN AN ADVERSE CONDITION.
LANDLORD RESERVES THE RIGHT
FROM TIME TO TIME TO USE
2
ANY OF THE COMMON AREAS OF THE REAL PROPERTY, AND THE ROOF, RISERS AND CONDUITS
OF THE BUILDING FOR TELECOMMUNICATIONS AND/OR ANY OTHER PURPOSES, AND TO DO ANY
OF THE FOLLOWING, AS LONG AS SUCH ACTS ARE PERFORMED IN ACCORDANCE WITH ALL
APPLICABLE LAWS AND DO NOT RESULT IN AN ADVERSE CONDITION:
(W) MAKE ANY
CHANGES, ADDITIONS, IMPROVEMENTS, REPAIRS AND/OR REPLACEMENTS IN OR TO THE REAL
PROPERTY OR ANY PORTION OR ELEMENTS THEREOF, INCLUDING, WITHOUT LIMITATION,
(I) CHANGES IN THE LOCATION, SIZE, SHAPE AND NUMBER OF DRIVEWAYS, ENTRANCES,
LOADING AND UNLOADING AREAS, INGRESS, EGRESS, DIRECTION OF TRAFFIC, LANDSCAPED
AREAS, WALKWAYS, PUBLIC AND PRIVATE STREETS AND ROADS, PLAZAS, COURTYARDS,
TRANSPORTATION FACILITATION AREAS AND COMMON AREAS, AND, SUBJECT TO THE
LIMITATIONS AND TENANT'S RIGHTS SET FORTH IN ARTICLE 24 BELOW, PARKING SPACES,
PARKING STRUCTURES AND PARKING AREAS, AND (II) EXPANDING OR DECREASING THE SIZE
OF THE REAL PROPERTY AND ANY COMMON AREAS AND OTHER ELEMENTS THEREOF, INCLUDING
ADDING OR DELETING BUILDINGS THEREON AND THEREFROM (OTHER THAN THE BUILDING);
(X) CLOSE TEMPORARILY ANY OF THE COMMON AREAS WHILE ENGAGED IN MAKING REPAIRS,
IMPROVEMENTS OR ALTERATIONS TO THE REAL PROPERTY; (Y) FORM AND/OR MODIFY ANY
EXISTING COMMON AREA ASSOCIATION(S) UNDER