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<br /> . (60) days' prior written notice of any rules and regulations proposed by Landlord before such <br /> rules and regulatiQns become effective against Tenant; and provided further that such niles and <br /> 'regulations shall not discriminate against Tenant vis a vis other occupants of the Center, whether <br /> expressly, in application or in enforcement. Landlord covenants and agrees to use all <br /> commercially reasonable efforts to enforce such rules and regulations against the other tenants <br /> and occupants of the Center. <br /> ARTICLE 12 <br /> COMMON AREAS AND PARKING <br /> Section 12.1 Common Area. During the Term, Tenant and its licensees, employees, <br /> concessionaires, invitees and customers shall have the right, easement and privilege of using in <br /> 0..; common with the other occupants of the Center and their respective employees, patrons and <br /> " invitees, all Common Area for their intended purposes. Subject to Section 11.3, such use shall. <br /> be subject to reasonable rules and regulations of general applicability to all tenants of the Center <br /> promulgated by Landlord of which Tenant has reasonable notice, provided the rules and <br /> regulations are uniformly enforced by Landlord. Landlord shall not construct or permit or suffer <br /> the construction or location of any kiosks or sales booth in the Common Areàs (including the <br /> Protected Areas) which: (i) serve food products within 200 yards of the public entrance(s) to the <br /> Building, or (ii) in any event in Tenant's reasonable judgment materially impairs full access to <br /> and visibility of the Premises or Tenant's ticket booths or the visibility of Tenant's Signs from <br /> the public streets located immediately adjacent to the Premises; except to the extent included in <br /> the plans for Landlord's Work approved by Tenant or to the extent the location of any such items <br /> are depicted on the Site Plan attached hereto. Except to the extent included in the plans for <br /> Landlord's Work approved by Tenant, Landlord shall not place, construct or otherwise permit <br /> any seating area, fountain, planter or similar item which materially impairs full access to and <br /> visibility of the Premises or Tenant's ticket booths or the visibility of Tenant's Signs from the <br /> public streets located immediately adjacent to the Premises. Landlord and Tenant acknowledge <br /> that certain areas of the Center may contain landscaping rather than buildings or Parking Facility. <br /> Section 12.2 Interference with Common Area. Landlord shall take all reasonable <br /> steps to ensure that any disturbance in the Common Area is removed or eliminated so that <br /> Tenant's business is not unreasonably hindered or interrupted, it being agreed by Landlord and <br /> Tenant that the costs so incurred by Landlord shall be Common Area Expenses hereunder, <br /> subject to Section 5.3. Landlord covenants, warrants and represents that: (a) neither Landlord, <br /> Tenant, nor any other tenant or occupant of the Center shall have the right to use the Common <br /> Area of the Center for income producing (selling) promotional events including, but not limited <br /> to, sidewalk and truckload sales, except that any restaurants in the Building shall be permitted to <br /> use a portion of the sidewalk area in front of their premises for restaurant service incorporating <br /> outdoor tables, chairs and patio umbrellas in an area approved by Landlord and the City provided <br /> sufficient pedestrian circulation is provided for on a portion of the sidewalk area closest to the <br /> streets and provided further that such area shall not include or be located in the area that is within <br /> twenty (20) feet (measured perpendicularly to the Building face) or five (5) feet (measured <br /> parallel to the Building face) of Tenant's first floor box office or the main pedestrian entrance to <br /> ., <br /> 45 <br /> CHG02:3091375.v8 <br /> . --^"~' .... <br />