Through the 5,003 Expansion Premises Commencement Date, ​ shall continue to pay ​’s Proportionate Share of Landlord’s Cost in accordance with the provisions of the Original Lease, specifically including, without limitation, the provisions of Paragraph 47 thereof.

Repairs, replacements, and general maintenance of and for the Building and Project and public and common areas and facilities of and comprising the Building and Project, including, but not limited to, the roof and roof membrane, elevators, mechanical rooms, alarm systems, pest extermination, landscaped areas, parking and service areas, driveways, sidewalks, truck staging areas, rail spur areas, fire sprinkler systems, sanitary and storm sewer lines, utility services, heating/ventilation/air conditioning systems, electrical, mechanical or other systems, telephone equipment and wiring servicing, plumbing, lighting, and any other items or areas which affect the operation or appearance of the Building or Project, which determination shall be at Landlord’s discretion, except for: those items to the extent paid for by the proceeds of insurance; and those items attributable solely or jointly to specific tenants of the Building or Project.

[[Organization B:Organization]] authorizes [[Organization A:Organization]] to use the funds deposited by [[Organization B:Organization]] with [[Organization A:Organization]] under this Article to pay the Common Area Maintenance. The initial Common Area Maintenance Payment is based upon [[Organization B:Organization]]'s proportionate share of the estimated amount of Common Area Maintenance costs for the year of the execution of this Lease, and such monthly Common Area Maintenance Payment is subject to increase or decrease as determined by [[Organization A:Organization]] to reflect an accurate monthly payment of [[Organization B:Organization]]'s estimated proportionate share of the Common Area Maintenance charges. [[Organization B:Organization]]'s Common Area Maintenance Payments shall be reconciled annually. If [[Organization B:Organization]]'s total annual Common Area Maintenance Payments are less than [[Organization B:Organization]]'s actual pro rata share of the Common Area Maintenance Payments, [[Organization B:Organization]] shall pay to [[Organization A:Organization]] upon demand the difference. If the total annual Common Area Maintenance charges are more than [[Organization B:Organization]]'s actual pro rata share of the Common Area Maintenance charges, [[Organization A:Organization]] shall retain such excess and credit it to future Common Area Maintenance Payments due from [[Organization B:Organization]]. [[Organization B:Organization]]'s proportionate share of the Common Area Maintenance Payments shall be computed by multiplying the Common Area Maintenance charges by a fraction, the numerator of which shall be the number of square feet of floor area in the Demised Premises and the denominator of which shall be the number of gross leasable square feet of the property, as may be determined from time to time by the [[Organization A:Organization]].

The Lease shall be a NNN Lease and Tenant shall be responsible for paying to Landlord Tenant’s prorata share of building operating expenses. Such building operating expenses shall include all property operating expenses and annual increases, including building and common area maintenance, landscaping, costs of building insurance, repairs and real estate taxes, utilities, HVAC maintenance, common area janitorial and property management fees.

The formula will include either a Business Area or Commercial Area component, as determined under this program.

Restricted Area. The Restricted Area shall mean and include anywhere in the world.

Restricted Area. The "Restricted Area" shall be within a three hundred (300) mile radius of the Company’s principal office at the time of termination.

Roof Area. Tenant shall accept the License Area and Cable Path in their condition and “as-built” configuration existing on the Term Commencement Date. Landlord has made no representations or promise as to the suitability or effectiveness of any part of the roof for Tenant’s proposed use, or as to any Applicable Laws relating to Tenant’s proposed use, or as to the condition of (or alteration or improvement of) the License Area or the Cable Path.

Effective on the Term Commencement Date (as defined below), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises, as shown on [Exhibit A] attached hereto, for use by Tenant in accordance with the Permitted Use (as defined below) and no other uses. The Property and all landscaping, parking facilities, private drives, if any, and other improvements and appurtenances related thereto, including the Building and other adjacent buildings owned by Landlord located at 4940 Carroll Canyon Road, 5451 Oberlin Drive and 5501 Oberlin Drive, each located in [[Address A:Address]], are hereinafter collectively referred to as the “Project.” All portions of the Building that are for the non-exclusive use of the tenants of the Building only, and not the tenants of the Project generally, such as service corridors, stairways, elevators, public restrooms and public lobbies (all to the extent located in the Building), are hereinafter referred to as “Building Common Area.” All portions of the Project that are for the non-exclusive use of tenants of the Project generally, including driveways, sidewalks, parking areas, landscaped areas, and service corridors, stairways, elevators, public restrooms and public lobbies (but excluding Building Common Area), are hereinafter referred to as “Project Common Area.” The Building Common Area and Project Common Area are collectively referred to herein as “Common Area.” Landlord agrees that Landlord will not convert any shipping/receiving area utilized by tenants in the Building Common Area or the Project Common Area to common amenity space.

Tenant shall have the non-exclusive right, in common with others, to use the Common Area in conjunction with Tenant’s use of the Premises for the Permitted Use, and such use of the Common Area and Tenant’s use of the Premises shall be subject to the rules and regulations adopted by Landlord and attached hereto as [Exhibit F], together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Landlord shall enforce the Rules and Regulations in a non-discriminatory manner. Tenant shall and shall ensure that its contractors, subcontractors, employees, subtenants and invitees faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations.