2008 S Purchasing & Hillsborough Commons and Orange County

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