FORTH IN THIS LEASE.
AT SUCH TIME AS TENANT MAY LEASE LESS THAN ALL OF THE
PREMISES ORIGINALLY DEMISED HEREUNDER, TENANT SHALL HAVE THE NON-EXCLUSIVE RIGHT
(IN COMMON WITH OTHER TENANTS AND LANDLORD, WHICH USES SHALL NOT BE IN VIOLATION
OF ANY OF THE EXPRESS TERMS OF THIS LEASE) TO USE THE COMMON AREAS.
NO EASEMENT
FOR LIGHT OR AIR IS INCORPORATED IN THE PREMISES.
FOR PURPOSES OF THIS LEASE,
THE TERM "COMMON AREAS" SHALL MEAN ALL AREAS AND FACILITIES OUTSIDE THE PREMISES
AND WITHIN THE EXTERIOR BOUNDARY LINE OF THE PROJECT THAT ARE PROVIDED FOR THE
NON-EXCLUSIVE USE OF
1
LANDLORD, TENANT AND OTHER TENANTS OF THE PROJECT AND THEIR RESPECTIVE
EMPLOYEES, GUESTS AND INVITEES.
IN THE EVENT THAT THE PREMISES DO NOT INCLUDE
THE ENTIRETY OF A BUILDING, LANDLORD SHALL DESIGNATE THE PORTIONS OF SUCH
BUILDING WHICH SHALL BE COMMON AREAS, WHICH DESIGNATION SHALL BE CONSISTENT WITH
INSTITUTIONAL ASSET MANAGEMENT PRACTICES (AS HEREINAFTER DEFINED) AND MEASURED
IN ACCORDANCE WITH BOMA STANDARDS.
2.03.2
COMMON AREA ALTERATIONS.
LANDLORD SHALL HAVE THE RIGHT, FROM
TIME TO TIME, TO:
(I) MAKE CHANGES TO THE COMMON AREAS, INCLUDING, WITHOUT
LIMITATION, CHANGES IN THE LOCATION, SIZE, SHAPE AND NUMBER OF DRIVEWAYS,
ENTRANCES, PARKING SPACES, INGRESS, EGRESS, DIRECTION OF DRIVEWAYS, ENTRANCES,
CORRIDORS AND WALKWAYS, PROVIDED THAT FOR SO LONG AS THE PREMISES INCLUDE THE
ENTIRETY OF ALL OF THE BUILDINGS, LANDLORD SHALL OBTAIN TENANT'S PRIOR WRITTEN
CONSENT TO ANY MATERIAL CHANGES TO THE LOCATION, SIZE, SHAPE AND NUMBER OF THE
FACILITIES LISTED ABOVE, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD,
CONDITIONED OR DELAYED, AND FURTHER PROVIDED THAT TENANT'S CONSENT SHALL NOT BE
REQUIRED FOR ANY CHANGES REQUIRED BY APPLICABLE LAWS OR CONSISTENT WITH
INSTITUTIONAL ASSET MANAGEMENT PRACTICES; (II) CLOSE TEMPORARILY ANY OF THE
COMMON AREAS FOR MAINTENANCE PURPOSES SO LONG AS REASONABLE ACCESS TO THE
PREMISES REMAINS AVAILABLE; (III) USE THE COMMON AREAS WHILE ENGAGED IN MAKING
ADDITIONAL IMPROVEMENTS, REPAIRS OR ALTERATIONS TO THE PROJECT OR ANY PORTION
THEREOF; AND (IV) DO AND PERFORM ANY OTHER ACTS OR MAKE ANY OTHER CHANGES IN, TO
OR WITH RESPECT TO THE COMMON AREAS AND THE PROJECT AS LANDLORD MAY, IN ITS
REASONABLE DISCRETION, DEEM TO BE APPROPRIATE.
2.03.3
PARKING.
FOR SO LONG AS THE PREMISES INCLUDE THE ENTIRETY OF
ALL OF THE BUILDINGS, TENANT SHALL ENJOY FULL ACCESS TO AND USE OF THE ENTIRE
ON-SITE, UNRESERVED PARKING SPACES AT THE PROJECT, AT NO ADDITIONAL COST OTHER
THAN RENT PAYABLE HEREUNDER.
FROM AND AFTER THE DATE THAT THE PREMISES DO NOT
INCLUDE ALL THEREOF, TENANT SHALL BE ENTITLED TO USE, ON AN UNRESERVED BASIS,
THE PROPORTION OF THE PARKING SPACES IN THE PROJECT THAT THE RENTABLE AREA OF
THE PREMISES BEARS TO THE RENTABLE AREA OF THE PROJECT.
TENANT'S USE OF THE
PARKING FACILITIES AND OTHER COMMON AREAS OF THE PROJECT SHALL BE SUBJECT TO
RULES AND REGULATIONS PROMULGATED IN ACCORDANCE WITH PARAGRAPH 8.02, WHICH MAY
INCLUDE THE ALLOCATION OR DESIGNATION OF PARTICULAR PARKING SPACES AND PARKING
AREAS FOR PARTICULAR TENANTS, AND REASONABLE ARRANGEMENTS REGARDING THE USE