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16 <br />will not generate, store, bury, discharge or release. on or from the Demised <br />Premises any hazardous substances or waste in a manner which would give rise <br />to penalty or liability under the Resources Conservation Recovery Act 42 U.S.C. <br />6901 et seq., or any other federal, state or local law. Landlord further <br />represents and warrants that it knows of no legal reason that County would be <br />prevented from engaging in the Permitted Use within the Demised Premises. <br />19. COMMON AREA. <br />(a) Common Areas. Landlord grants to County and County's clients and <br />invitees the non-exclusive right to use the areas designated by Landlord from <br />time to time as Common Areas. The term "Common Areas" shall mean the <br />parking areas, roadways, pedestrian sidewalks, delivery areas, exterior surfaces <br />of Shopping Center buildings, landscaped areas, service courts, open and <br />enclosed courts and malls, fire corridors, meeting areas and public restroams, <br />not located within any tenant`s space, and all other areas or improvements <br />which may be provided by, Landlord for the common use of the tenants of the <br />Shopping Center. Landlord does not represent or warrant that the Common <br />Areas will be free from interruption of service or use for reasons beyond <br />Landlord's reasonable control. In no event shall Landlord be liable for <br />compensatory, incidental or consequential damages by reason of such <br />interruption. Landlord. hereby reserves the following rights with respect to the <br />Common Areas: <br />(1) To establish reasonable rules and regulations for the use thereof .(there <br />are none as of the date hereof); <br />(2} To use or permit the use by others to whom Landlord may have granted <br />such rights for promotional activities, provided said activities do not conflict <br />with or negatively impact the Intended Use; <br />{3) To close all or any portion thereof as may be deemed necessary by <br />Landlord to prevent a dedication thereof or the accrual of any rights to any <br />person or the public herein; <br />(4) DELETED; <br />(5) To erect and install signs, kiosks, landscaping (including planters), <br />fountains, sculptures, free standing buildings and other structures, additional <br />stories to existing buildings or otherwise that do not reduce parking area <br />below 450 or negatively impact the public's accessibility of .the Demised <br />Premises; and <br />{6) To operate, manage, equip, light, repair and maintain said Common <br />Areas for their intended purposes in such manner as.Landlord shall in its sole <br />discretion from-time to time determine. <br />(b) Any damage which may be done to the Common Area or facilities of <br />Landlord _by the County, or by any person is engaged in business on behalf of <br />the County, including its employees, agents, concessionaires or sub-lessees or <br />anyone in .its employ, excluding ordinary wear and tear, shall be repaired at the <br />sole cost and expense of County. <br />20. NOT USED <br />21. MAINTENANCE AND REPAIRS. <br />(a) Repairs by Landlord. Landlord shall keep the foundations, roof, and <br />structural portions of the outer walls of the Demised Premises in good repair, <br />13 <br />Coanty of Orange, in NorEh Carolina - Hillsbo~rongh Commons 07/02/08 <br />INTTIAIS <br />I~l~~~~~QRD~ ~g <br />