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and clear of any obstructions or interferences created or permitted by tenant or resulting from tenant's operations. Tenant and its employees and invitees are, except as otherwise provided in their lease, authorized and privileged during the term of said lease to use the Common Areas for their respective intended purposes in common with other persons. Section 8.7 Operating Costs. Declarant will operate and maintain, or cause to be operated and maintained, the Common Areas, Common Utility Areas and that portion of the Mall located on the Land owned by the Declarant in accordance with good Mall industry practices. For the purposes of this Declaration, "Operating Costs" shall be those expenses, capital and non - capital costs, and any other cost or expense of whatever kind or nature related to operating, repairing, managing, maintaining, and replacing the Common Areas and that portion of the Mall located on the Land owned by the Declarant. Declarant's accounting practices shall be determinative and binding on the parties. Section 8.8 Parcel Owner's Share of Operating Costs. Declarant may enter into an agreement with a tenant by which a tenant shall be responsible for an Owner's share of Operating Costs during the term of its lease. Each Owner (or tenant, if applicable per the previous sentence) shall pay to Declarant Owner's share of the Operating Costs allocable to its Parcel computed by multiplying the Operating Costs by Parcel Owner's Portion. "Parcel Owner's Portion" is a fraction whose numerator is the square footage of the building located on the Parcel and whose denominator is the total square footage of all buildings within the Mall as shall be re- determined anytime a building is added, modified or removed from the Mall. On the first day of each calendar month such Owner shall pay to Declarants, in advance, without demand and without any setoff or deduction, as payment on account of Owner's share of the Operating Costs an amount equal to one - twelfth (1 /12 of its proportional share of the Operating Costs. In the event there is a conflict between this cost sharing formula and any lease executed by the Declarants, the terms and provisions of such lease shall prevail. The Owner's share of Operating Costs shall also include water and sewer usage /consumption on their Parcel which shall be billed by the Declarant on a monthly or other basis in the sole discretion of the Declarant. Amounts payable by the Owners under this Section are in addition to amounts payable under Section 6.1. 28 201706687 /v