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4. Common Areas. Tenant shall have the non-exclusive right to use the Common Areas.
<br /> Tenant shall not materially interfere with the use of Common Areas by others. Landlord shall maintain
<br /> the Common Areas in good order, condition and repair to standards for a transit station serving the
<br /> general public. Without limiting the foregoing,Landlord shall keep the Common Areas in clean, safe
<br /> and orderly condition and shall maintain any landscaping on the Property within the Common Areas to
<br /> standards for a transit station serving the general public and Landlord shall also provide the services
<br /> shown in Exhibit D. As used in this Section,"Common Areas"means all areas,facilities and building
<br /> systems that are provided for the general non-exclusive use and convenience of Tenant with other
<br /> occupants of the Property. Common Areas include without limitation hallways, stairs, elevators,
<br /> driveways, walkways, terraces, loading areas, restrooms, trash facilities, kitchens, parking areas and
<br /> garages, roadways, pedestrian sidewalks, landscaped areas, common heating, ventilating and air
<br /> conditioning systems, common electrical service, equipment and facilities, and common mechanical
<br /> systems, equipment and facilities. Unless required as reasonably determined by Landlord for the
<br /> operation and maintenance of the Property as a transit station, Landlord shall not, without Tenant's
<br /> prior written consent(which will not be unreasonably withheld,conditioned or delayed),remove, alter
<br /> or reconfigure Common Areas if doing so would materially and adversely affect the Premises,Tenant's
<br /> Exclusive Entrance or Tenant providing Tuition-Free Education and Services at the Premises. Landlord
<br /> reserves the use of exterior walls and the roof,and the right to install,maintain,use,repair and replace
<br /> pipes, ducts, conduits, and wires leading through the Premises in areas which will not materially
<br /> interfere with Tenant's use thereof. The Parties acknowledge that the primary use of the Property is
<br /> for a transit station serving the general public and agree that the Property and Common Areas will be
<br /> operated and maintained as such by Landlord. Notwithstanding anything to the contrary in this Lease,
<br /> in no event does the Lease require Landlord to operate and maintain Common Areas to a higher standard
<br /> than as may be required for a transit station serving the general public. Tenant further acknowledges
<br /> and agrees that use of some or all Common Areas by children in many cases may be not appropriate.
<br /> It is Tenant's sole responsibility to provide for the safety of Tenant's students who use Common Areas.
<br /> 5. Alterations. Tenant shall not make or permit to be made any alterations, additions,
<br /> improvements or installations in or to the Premises (including telecommunication facilities)
<br /> (individually and collectively"Alterations") except in accordance with the same terms and conditions
<br /> as set forth for Tenant's Work in Section 2.1 above. Tenant shall be responsible for complying with
<br /> all Governmental Requirements applicable to the Premises as a result of Tenant's particular use, such
<br /> as modifications required by the Americans With Disabilities Act ("ADA") as a result of Tenant
<br /> opening the Premises to the public as a place of public accommodation. Notwithstanding the forgoing,
<br /> Tenant may make interior Alterations to the Premises at Tenant's expense and without obtaining
<br /> Landlord's approval so long as the Alterations: 1)comply with all applicable laws and do not require a
<br /> building permit, 2) do not interfere with other tenants or occupants of the Property or any use of the
<br /> Property by Landlord, and 3) do not alter any structural systems of the Building and are generally
<br /> cosmetic in nature.
<br /> 6. Repairs and Maintenance; Surrender. Tenant shall, at its sole expense, maintain the
<br /> Premises in good condition and promptly make all non-structural repairs and replacements necessary
<br /> to keep the Premises and playground areas safe and in good condition. Tenant shall maintain the
<br /> Premises in a clean, orderly and neat appearance, and shall not knowingly permit any offensive odors
<br /> to emit from the Premises and shall not commit waste nor permit any waste to be committed in the
<br /> Premises. Except to the extent this Lease specifically states otherwise, Tenant is responsible for
<br /> maintenance of the Premises. Except for maintenance attributable to: (a) Tenant's breach of its
<br /> obligations under this Lease; (b)Tenant negligence or wrongful acts or omissions or those of Tenant's
<br /> employees, agents or contractors; or (c) improvements made by Tenant, Landlord shall, at its sole
<br /> expense, maintain in good condition, repair and replace as necessary the Building structure, HVAC
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