Common use of By Owners of Burdened Parcels Clause in Contracts

By Owners of Burdened Parcels. Notwithstanding anything to the contrary set forth elsewhere in this Agreement, but subject to Section 4(f) below, no Owner shall construct, allow to be constructed, or suffer to remain any building, wall, median, or other obstruction, or otherwise modify the improvements on any portion of any Parcel owned by such Owner that is subject to the Parking Easement in such a way as to prevent or unreasonably interfere with the free flow of traffic to and from, and the use of, the designated parking spaces therein, or to reduce the number of such spaces, and no Owner shall reserve or otherwise designate any parking space outside of an Exclusive Parking Zone for the use of any particular person or group of persons without the prior written approval of Manager, which approval may be withheld or conditioned in Manager's sole and absolute discretion; provided, however, (i) the foregoing shall not be construed to prohibit (A) reasonable temporary restrictions or detours required in connection with refurbishment, maintenance and/or repair of the improvements within the easement area, or (B) any modification of the Appurtenant Pedestrian Facilities that does not materially reduce or eliminate access to the remainder of the Parking Easement area; (ii) any Owner may modify the improvements on its Parcel so as to reduce the number of parking spaces on such Parcel that are subject to the Parking Easement and outside of the Exclusive Parking Zone for such Parcel if (A) the Owner provides at least an equal number of legally compliant parking spaces at another location outside of the Exclusive Parking Zone(s) on such Parcel or at another location outside of the Exclusive Parking Zone(s) on an immediately adjacent Parcel, (B) the Owner's plan to modify improvements on its Parcel(s) and to relocate any parking spaces as described in the preceding clause (A) shall be subject to the reasonable prior review and approval of Manager, and (C) the Owner does not reduce the number of Parking Spaces on such Parcel at any one time by more than fifteen (15) parking spaces; provided, however, the foregoing clause (C) shall only apply to any Parcel for so long as Cisco Systems, Inc. or any "Tenant Affiliate" (as defined below) continues as a tenant on such Parcel pursuant to its existing lease, dated September 16, 2013, pertaining to such Parcel. For the purposes hereof, the term "Tenant Affiliate", as to any Parcel, has the same meaning herein as in the lease with Cisco Systems, Inc, dated September 16, 2013, pertaining to such Parcel.

Appears in 2 contracts

Samples: Reciprocal Easement Agreement (Forescout Technologies, Inc), Reciprocal Easement Agreement (Forescout Technologies, Inc)

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By Owners of Burdened Parcels. Notwithstanding anything to the contrary set forth elsewhere in this Agreement, but subject to Section 4(f) below, no Owner shall construct, allow to be constructed, or suffer to remain any building, wall, median, or other obstruction, or otherwise modify the improvements on any portion of any Parcel owned by such Owner that is subject to the Parking Easement in such a way as to prevent or unreasonably interfere with the free flow of traffic to and from, and the use of, the designated parking spaces therein, or to reduce the number of such spaces, and no Owner shall reserve or otherwise designate any parking space outside of an Exclusive Parking Zone for the use of any particular person or group of persons without the prior written approval of Manager, which approval may be withheld or conditioned in Manager's sole and absolute discretion; provided, however, (i) the foregoing shall not be construed to prohibit (A) reasonable temporary restrictions or detours required in connection with refurbishment, maintenance and/or repair of the improvements within the easement area, or (B) any modification of the Appurtenant Pedestrian Facilities that does not materially reduce or eliminate access to the remainder of the Parking Easement area; (ii) any Owner may modify the improvements on its Parcel so as to reduce the number of parking spaces on such Parcel that are subject to the Parking Easement and outside of the Exclusive Parking Zone for such Parcel if (A) the Owner provides at least an equal number of legally compliant parking spaces at another location outside of the Exclusive Parking Zone(s) on such Parcel or at another location outside of the Exclusive Parking Zone(s) on an immediately adjacent Parcel, (B) the Owner's ’s plan to modify improvements on its Parcel(s) and to relocate any parking spaces as described in the preceding clause (A) shall be subject to the reasonable prior review and approval of Manager, and (C) the Owner does not reduce the number of Parking Spaces on such Parcel at any one time by more than fifteen (15) parking spaces; provided, however, the foregoing clause (C) shall only apply to any Parcel for so long as Cisco Systems, Inc. or any "Tenant Affiliate" (as defined below) continues as a tenant on such Parcel pursuant to its existing lease, dated September 16, 2013, pertaining to such Parcel. For the purposes hereof, the term "Tenant Affiliate", as to any Parcel, has the same meaning herein as in the lease with Cisco Systems, IncInc., dated September 16, 2013, pertaining to such Parcel.

Appears in 1 contract

Samples: Reciprocal Easement Agreement (Silver Spring Networks Inc)

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By Owners of Burdened Parcels. Notwithstanding anything to the contrary set forth elsewhere in this Agreement, but subject to Section 4(f) below, no Owner shall construct, allow to be constructed, or suffer to remain any building, wall, median, or other obstruction, or otherwise modify the improvements on any portion of any Parcel owned by such Owner that is subject to the Parking Easement in such a way as to prevent or unreasonably interfere with the free flow of traffic to and from, and the use of, the designated parking spaces therein, or to reduce the number of such spaces, and no Owner shall reserve or otherwise designate any parking space outside of an Exclusive Parking Zone for the use of any particular person or group of persons without the prior written approval of Manager, which approval may be withheld or conditioned in Manager's ’s sole and absolute discretion; provided, however, (i) the foregoing shall not be construed to prohibit (A) reasonable temporary restrictions or detours required in connection with refurbishment, maintenance and/or repair of the improvements within the easement area, or (B) any modification of the Appurtenant Pedestrian Facilities that does not materially reduce or eliminate access to the remainder of the Parking Easement area; (ii) any Owner may modify the improvements on its Parcel so as to reduce the number of parking spaces on such Parcel that are subject to the Parking Easement and outside of the Exclusive Parking Zone for such Parcel if (A) the Owner provides at least an equal number of legally compliant parking spaces at spa eat another location outside of the Exclusive Parking Zone(s) on such Parcel or at another location outside of the Exclusive Parking Zone(s) on an immediately adjacent Parcel, (B) the Owner's ’s plan to modify improvements on its Parcel(s) and to relocate any parking spaces as described in the preceding clause (A) shall be subject to the reasonable prior review and approval of Manager, and (C) the Owner does not reduce the number of Parking Spaces on such Parcel at any one time by more than fifteen (15) parking spaces; provided, however, the foregoing clause (C) shall only apply to any Parcel for so long as Cisco Systems, Inc. or any "Tenant Affiliate" (as defined below) continues as a tenant on such Parcel pursuant to its existing lease, dated September 16, 2013, pertaining to such Parcel. For the purposes hereof, the term "Tenant Affiliate", as to any Parcel, has the same meaning herein as in the lease with Cisco Systems, IncInc., dated September 16, 2013, pertaining to such Parcel.

Appears in 1 contract

Samples: Reciprocal Easement Agreement (Silver Spring Networks Inc)

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