Common use of Common Areas and Parking Facilities Clause in Contracts

Common Areas and Parking Facilities. 15.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit D, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 15.2. Tenant shall have a non-exclusive license to use parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at no additional cost to Tenant, at a ratio of three and three tenths (3.3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises, which amounts to 152 parking spaces as of the Term Commencement Date, which number shall include eight (8) reserved parking spaces (the “Reserved Spaces”) for Tenant’s exclusive use on the side of the Building that faces Xxxxxxxxx Canyon Parkway (provided that (a) Tenant shall only have the right to have the Reserved Spaces on an exclusive basis for so long as Tenant provides services at the Premises to patients with heart conditions, (b) Tenant shall have the right to install signage marking the Reserved Spaces, subject to Landlord’s prior written approval, which approval Landlord shall not unreasonably withhold, condition or delay, (c) Tenant shall maintain any such signage at its sole cost and expense and (d) Tenant shall remove any such signage at its sole cost and expense and repair any damage caused by such removal if Tenant is no longer entitled to exclusive use of the Reserved Spaces pursuant to the terms of this Section 15.2). 15.3. Subject to Tenant’s rights under Section 15.2 above, Tenant agrees to comply with all reasonable rules and regulations adopted by Landlord with respect to the use of the parking facilities. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 15.4. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, provided that no such modifications may have a material adverse impact on Tenant’s access to or use and enjoyment of the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Appears in 6 contracts

Samples: Sublease Agreement (Atara Biotherapeutics, Inc.), Lease (CareDx, Inc.), Lease (CareDx, Inc.)

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Common Areas and Parking Facilities. 15.1. 16.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit D, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in writing in its sole and absolute reasonable discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 15.2. 16.2 Tenant shall have be entitled to rent from Landlord on a non-exclusive license monthly basis from time to use time throughout the Term an amount of parking facilities serving spaces not to exceed one (1) parking space (located in the Building in common garage) per One Thousand rentable square feet of the Premises (“Tenant’s Parking Space Allowance”) on an unreserved basis at a rate of One Hundred Seventy Five Dollars ($175.00) per parking space per month, which rate shall be subject to annual market-based increases not greater than three percent (3%) per calendar year. Notwithstanding the foregoing, Landlord shall provide Tenant with other tenants of Tenant’s Parking Space Allowance for the Building and first twelve (12) months following the Project Rent Commencement Date at no additional cost to Tenant, at a ratio of three and three tenths (3.3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises, which amounts to 152 parking spaces as of the Term Commencement Date, which number shall include eight (8) reserved parking spaces (the “Reserved Spaces”) for Tenant’s exclusive use on the side of the Building that faces Xxxxxxxxx Canyon Parkway (provided that (a) Tenant shall only have the right to have the Reserved Spaces on an exclusive basis for so long as Tenant provides services at the Premises to patients with heart conditions, (b) Tenant shall have the right to install signage marking the Reserved Spaces, subject to Landlord’s prior written approval, which approval Landlord shall not unreasonably withhold, condition or delay, (c) Tenant shall maintain any such signage at its sole cost and expense and (d) Tenant shall remove any such signage at its sole cost and expense and repair any damage caused by such removal if Tenant is no longer entitled to exclusive use of the Reserved Spaces pursuant to the terms of this Section 15.2). 15.3. Subject to Tenant’s rights under Section 15.2 above, Tenant agrees to comply with all reasonable rules and regulations adopted by Landlord with respect to the use of the parking facilities. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 15.4. 16.3 Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, provided that no so long as such modifications may have a material adverse impact on do not materially adversely interfere with Tenant’s access to or use and enjoyment of the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Appears in 3 contracts

Samples: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)

Common Areas and Parking Facilities. 15.1. 15.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit "D, " together with such other reasonable and nondiscriminatory non-discriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the "Rules and Regulations"). Notwithstanding the foregoing, Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible required to Tenant for comply with any new Rules and Regulations unless the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any same do not unreasonably interfere with Tenant's use of the Rules Demised Premises or Tenant's parking rights and Regulationsdo not materially increase the obligations or decrease the rights of Tenant under this Lease. 15.2. 15.2 As an appurtenance to the Demised Premises, Tenant shall have a the non-exclusive license right to use parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and within the Project at no additional cost up to Tenant, at a ratio maximum of three and three tenths four (3.34) parking spaces per one thousand (1,000) square feet of Rentable Usable Area of the Premisesleased by Tenant on a first-come, which amounts to 152 parking spaces as of the Term Commencement Datefirst-served non-assigned basis, which number shall include eight (8) reserved parking spaces (the “Reserved Spaces”) for Tenant’s exclusive use on the side of the Building that faces Xxxxxxxxx Canyon Parkway (provided that (a) Tenant shall only have the right to have the Reserved Spaces on an exclusive basis for so long as Tenant provides services at the Premises to patients with heart conditions's employees, (b) Tenant shall have the right to install signage marking the Reserved Spaces, subject to Landlord’s prior written approval, which approval guest and invitees. Landlord shall not unreasonably withhold, condition or delay, (c) Tenant shall maintain any such signage at its sole cost and expense and (d) Tenant shall remove any such signage at its sole cost and expense and repair any damage caused by such removal if Tenant is no longer entitled assign more parking rights to exclusive use of tenants in the Reserved Spaces pursuant to the terms of this Section 15.2)Project than spaces that actually exist. 15.3. Subject to Tenant’s rights under Section 15.2 above, Tenant agrees to comply with all reasonable rules and regulations adopted by Landlord with respect to the use of the parking facilities. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 15.4. 15.3 Landlord reserves the right to modify the Common Areas, Areas including the right to add or remove exterior and interior landscaping and to subdivide real property, provided that no such modifications may have a material adverse impact on Tenant’s access to or use and enjoyment of the Premises. Tenant acknowledges It is recognized that Landlord specifically reserves the right as to a portion of the Building to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that provided Tenant herein shall not be deprived of the use of the corridors reasonably required to serve the Demised Premises or of restroom facilities serving the floor upon which the Premises Demised Premise are located, and no such modification of the Common Areas shall unreasonably interfere with or diminish Tenant's use of the Demised Premises or materially increase the obligations or decrease the rights of Tenant under this Lease. Landlord shall at all times use its reasonable efforts to minimize any disruption to Tenant due to such modifications.

Appears in 2 contracts

Samples: Expansion Lease (Senomyx Inc), Expansion Lease (Senomyx Inc)

Common Areas and Parking Facilities. 15.1. Tenant shall have the non-exclusive right, in common with others, to use the Common Areas, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit D, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. 15.2. At no additional charge to Tenant, Tenant shall have a non-exclusive exclusive, irrevocable license to use Tenant’s Pro Rata Share of parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at no additional cost to Tenantcost; provided, at a ratio of three and three tenths (3.3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premiseshowever, which amounts to 152 parking spaces as of the Term Commencement Date, which number shall include eight (8) reserved parking spaces (the “Reserved Spaces”) for that Landlord may revoke Tenant’s exclusive license to use on the side of the Building that faces Xxxxxxxxx Canyon Parkway (provided that (a) Tenant shall only have the right to have the Reserved Spaces on an exclusive basis for so long as Tenant provides services at the Premises to patients with heart conditions, (b) Tenant shall have the right to install signage marking the Reserved Spaces, subject to Landlord’s prior written approval, which approval Landlord shall not unreasonably withhold, condition or delay, (c) Tenant shall maintain any such signage at its sole cost and expense and (d) Tenant shall remove any such signage at its sole cost and expense and repair any damage caused by such removal parking facilities if Tenant is no longer entitled to exclusive use of the Reserved Spaces pursuant to the terms of in default under this Section 15.2)Lease beyond applicable notice and cure periods. 15.3. Subject to Tenant’s rights under Section 15.2 above, Tenant agrees not to comply unreasonably overburden the parking facilities and agrees to cooperate with all reasonable rules Landlord and regulations adopted by Landlord with respect to other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Building or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 15.4. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, provided that no such modifications may have a material adverse impact on Tenant’s access to or use and enjoyment of the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Appears in 2 contracts

Samples: Lease (Receptos, Inc.), Lease (Receptos, Inc.)

Common Areas and Parking Facilities. 15.1. 16.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit D, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. Landlord will enforce the Rules and Regulations in a non-discriminatory manner. 15.2. 16.2 Tenant shall have a non-exclusive exclusive, revocable license to use its Pro-Rata Share (of the Entire Project as a whole), of the parking facilities serving the Building Buildings in common on an unreserved basis with other tenants of the Building Buildings and the Project at no additional cost Entire Project. As Tenant’s Pro-Rata Share changes from time to time, Tenant, at a ratio of three and three tenths (3.3) ’s parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises, which amounts to 152 parking spaces rights shall automatically adjust accordingly. Starting as of the Term Commencement DateDate for the Retained Premises, which number the previous two sentences shall include automatically entitle Tenant to use the same fifty-eight (8) reserved 58) parking spaces (Tenant previously used for the “Reserved Spaces”) for Tenant’s exclusive use on Retained Premises under the side of the Building that faces Xxxxxxxxx Canyon Parkway (provided that (a) Tenant shall only have the right to have the Reserved Spaces on an exclusive basis for Old Lease. Only so long as Tenant provides services leases (whether or not Tenant actually occupies) the entire New Whole Building, Tenant may designate a total of up to 20 (and an additional 20 yielding an aggregate of 40 if it occupies the entire New Multiple Tenant Building) of the unreserved parking spaces otherwise serving primarily the New Whole Building as reserved parking spaces serving the New Whole Building, at locations reasonably satisfactory to Landlord and reasonably near the Premises to patients with heart conditions, (b) New Whole Building. Tenant shall have pay the right to install cost of any reserved parking signage marking and the Reserved Spaces, subject to Landlord’s prior written approval, which approval cost of removing such signage if Tenant no longer qualifies for reserved spaces. Landlord shall not unreasonably withhold, condition have no obligation to police the reserved spaces or delay, (c) Tenant shall maintain any such signage at its sole cost and expense and (d) Tenant shall remove any such signage at its sole cost and expense and repair any damage caused by such removal if Tenant is no longer entitled to exclusive use of the Reserved Spaces pursuant to the terms of this Section 15.2)unauthorized vehicles. 15.3. Subject to Tenant’s rights under Section 15.2 above, 16.3 Tenant agrees not to comply unreasonably overburden the parking facilities and agrees to cooperate with all reasonable rules Landlord and regulations adopted by Landlord with respect to other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Buildings or the Entire Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. Notwithstanding the foregoing, the amount of parking spaces available shall not be less than the amount required by applicable zoning laws. 15.4. 16.4 Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, provided that no . The cost of such modifications may have a material adverse impact on Tenantby Landlord shall not be charged to Tenant as an Operating Expense so long as they are not part of Landlord’s access to or use reasonable maintenance and enjoyment repair of such Common Areas in the Premisesordinary course of business. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Appears in 1 contract

Samples: Lease (Regeneron Pharmaceuticals Inc)

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Common Areas and Parking Facilities. 15.1. 15.1 Tenant shall have the non-exclusive nonexclusive right, in common with others, to use the Common Areas, subject to the reasonable rules and regulations adopted by Landlord and attached hereto as Exhibit D, "C" together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the "Rules and Regulations"); provided, however, that no changes in the Rules and Regulations shall increase the Rent or costs to Tenant or deprive Tenant of any of its rights under this Lease. Tenant shall faithfully observe and comply with Notwithstanding anything to the contrary contained herein or in the Rules and Regulations. Landlord shall not be responsible to Tenant for , if there is any conflict between the violation or non-performance by any other tenant or any agent, employee or invitee thereof terms and conditions of any of this Lease and the Rules and Regulations, the provisions of this Lease shall prevail. 15.2. 15.2 Tenant shall have a non-exclusive license agrees not to use overburden the parking facilities serving the Building in common on an unreserved basis and agrees to cooperate with Landlord and other tenants in the use of the Building and the Project at no additional cost to Tenant, at a ratio of three and three tenths (3.3) parking spaces per one thousand (1,000) square feet of Rentable Area of the Premises, which amounts to 152 parking spaces as of the Term Commencement Date, which number shall include eight (8) reserved parking spaces (the “Reserved Spaces”) for Tenant’s exclusive use on the side of the Building that faces Xxxxxxxxx Canyon Parkway (provided that (a) Tenant shall only have facilities. Landlord reserves the right to have the Reserved Spaces determine that parking facilities are becoming overcrowded. Upon such determination, Landlord may allocate parking spaces among Tenant and other tenants in a fair and equitable manner based on an exclusive basis for so long as Tenant provides services each Tenant's pro rata share of space leased at the Premises project. In the alternative, if Landlord determines that Tenant's customers, clients, or invitees appear to patients with heart conditionsbe using more than the number of parking spaces that would otherwise be attributable to a reasonable number of parking spaces for Tenant's use, (b) Landlord may require Tenant shall have and its employees to obtain additional parking outside the right Project to install signage marking the Reserved Spaces, subject to Landlord’s prior written approval, which approval Landlord shall not unreasonably withhold, condition or delay, (c) Tenant shall maintain reduce any such signage at its sole cost and expense and (d) Tenant shall remove any such signage at its sole cost and expense and repair any damage overburdening caused by such removal if Tenant is no longer entitled to exclusive use of the Reserved Spaces pursuant to the terms of Tenant. However, nothing in this Section 15.2). 15.3. Subject to Tenant’s rights under Section 15.2 above, Tenant agrees to comply with all reasonable rules and regulations adopted by Landlord with respect to the use of the parking facilities. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s 's part to of monitor parking. Tenant shall have exclusive use on one (1) marked space through the Term of the Lease. 15.4. 15.3 Landlord reserves the right to modify the Common Areas, Areas including the right to add or remove exterior and interior landscaping and to subdivide real property, provided that no such modifications may change is of the nature to have a material adverse impact on effect upon Tenant’s access to or 's use and enjoyment of the Premises. Tenant acknowledges that Landlord specifically reserves the right Premises or Common Area, including access to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve from the Premises or of restroom facilities serving and parking in the floor upon which the Premises are locatedCommon Area.

Appears in 1 contract

Samples: Lease (Genetronics Biomedical LTD)

Common Areas and Parking Facilities. 15.1. 16.1 Tenant shall have the non-exclusive right, in common with others, to use the Common Areas, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit DO, together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the “Rules and Regulations”). Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation or non-performance by any other tenant or any agent, employee or invitee thereof of any of the Rules and Regulations. Landlord will enforce the Rules and Regulations in a non-discriminatory manner. 15.2. 16.2 As of the date Tenant first occupies the Premises in accordance with the provisions of this Lease, Tenant shall have a non-an exclusive license to use the parking facilities serving area in lots “A” and “C”, and a non-exclusive, revocable license to use the Building other parking areas shown on Exhibit C-2 and more particularly described in Exhibit P attached hereto (the “Project Parking Chart”), in common on an unreserved basis with other tenants of the Building and the Project. As Tenant’s Pro-Rata Share changes from time to time, Tenant shall have an exclusive license to use the parking area in lots “A” and “E”, and a non-exclusive, revocable license to use the other parking areas shown on the Project at no additional cost Parking Chart for the Premises, such that (as reflected in the Project Parking Chart) the total number of parking spaces allocated to Tenant, at a ratio of Tenant is not less than three and three tenths (3.33) parking spaces per one thousand (1,000) rentable square feet of Rentable Area of comprising the Premises, which amounts to 152 parking spaces as provided in Section 2.3 (except that, in the case of any expansion into the second floor of the Term Commencement Date440 Building, which number shall include eight (8) reserved parking spaces (but not into the “Reserved Spaces”) for Tenant’s exclusive use on 430 Building, the side of ratio will drop to 2.92 per one thousand rentable square feet as reflected in the Building that faces Xxxxxxxxx Canyon Parkway (provided that (a) Project Parking Chart unless and until there is an expansion into the 430 Building). Tenant shall only have the right be permitted to have the Reserved Spaces on an exclusive basis for so long as Tenant provides services place identifying Signage at the Premises entrance to patients with heart conditions, (b) Tenant shall have the right to install signage marking the Reserved Spaces, subject to Landlord’s prior written approval, which approval Landlord shall not unreasonably withhold, condition or delay, (c) Tenant shall maintain any such signage at its sole cost parking lots as depicted on Exhibit C and expense and (d) Tenant shall remove any such signage at its sole cost and expense and repair any damage caused by such removal if Tenant is no longer entitled to exclusive use of the Reserved Spaces pursuant to the terms of this Section 15.2)Exhibit C-1. 15.3. Subject to Tenant’s rights under Section 15.2 above, 16.3 Tenant agrees not to comply unreasonably overburden the parking facilities and agrees to cooperate with all reasonable rules Landlord and regulations adopted by Landlord with respect to other tenants in the use of the parking facilities. Landlord reserves the right to determine that parking facilities are becoming overcrowded and to limit Tenant’s use thereof. Upon such determination, Landlord may reasonably allocate parking spaces among Tenant and other tenants of the Buildings or the Project. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. Notwithstanding the foregoing, the amount of parking spaces available shall not be less than the amount required by applicable zoning laws. 15.4. 16.4 Landlord reserves the right to (a) modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, provided that no (b) relocate the parking facilities, and/or (c) add parking structures to the Project; provided, however, that, with respect to clauses (b) and (c), such relocated or additional parking structures and facilities shall not increase the average distance from any Building in which a portion of the Premises is located to the parking spaces allocated to such Building. The cost of such modifications may have a material adverse impact on Tenantby Landlord shall not be charged to Tenant as an Operating Expense so long as they are not part of Landlord’s access to or use reasonable maintenance and enjoyment repair of such Common Areas in the Premisesordinary course of business. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Appears in 1 contract

Samples: Lease Agreement (Acorda Therapeutics Inc)

Common Areas and Parking Facilities. 15.1. 15.1 Tenant shall have (i) the non-exclusive nonexclusive right, in common with others, to use the Common AreasAreas and (ii) the exclusive right to use the loading dock and receiving area, subject to the rules and regulations adopted by Landlord and attached hereto as Exhibit D, "G" together with such other reasonable and nondiscriminatory rules and regulations as are hereafter promulgated by Landlord in its sole and absolute discretion (the "Rules and Regulations"). ; provided, however, that such rules and regulations do not unreasonably interfere with Tenant's use and enjoyment of the Premises and Common Areas, do not increase Tenant's obligations hereunder or decrease Tenant's rights hereunder and apply non-discriminatorily to all Project occupants. 15.2 Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not be responsible to Tenant for the violation place any equipment, storage containers or non-performance by any other tenant property on the surface parking area or any agent, employee or invitee thereof of any otherwise outside of the Rules and Regulations. 15.2Premises without the express written consent of Landlord. Notwithstanding the foregoing, Tenant shall have may locate a non-exclusive license to use parking facilities serving storage unit in an area designated by Landlord at or near the Building in common on an unreserved basis with other tenants loading area of the Building to store Hazardous Materials (as such term is defined in Article 39), and any other materials necessary to conduct its business, provided that Tenant complies with requirements contained in Article 39 relating to the Project at no additional cost storage of Hazardous Materials. 15.3 As an appurtenance to the Premises, Tenant, at a ratio of three and three tenths its employees and invitees, shall be entitled to use without charge sixty eight (3.368) parking spaces per adjacent to the Premises on a reserved and assigned basis, less Tenant's Pro Rata Share of required handicap parking spaces serving the Project. A reasonable number of Tenant's spaces shall be marked as visitor spaces for Tenant's invitees. The Project shall have at least one thousand hundred (1,000100) parking spaces (two (2) parking spaces for each 1,000 square feet of Rentable Area of the Premises, which amounts entire Project). Landlord shall not grant to 152 parking spaces as any other tenant of the Term Commencement Date, which number shall include eight (8) reserved parking spaces (the “Reserved Spaces”) for Tenant’s exclusive use on the side of the Building that faces Xxxxxxxxx Canyon Parkway (provided that (a) Tenant shall only have Project the right to have use more than two (2) parking spaces for each 1,000 square feet of Rentable Area of such tenant's premises. Landlord shall use commercially reasonable efforts, at its sole cost and expense, to increase the Reserved Spaces on an exclusive basis for so long as Tenant provides services number of parking spaces at the Project by means of re-striping the existing parking areas and applying to the City of Bothell for permission to add an additional twenty two (22) parking spaces to the Project upon completion of the expansion portion of the Project. To the extent Tenant reasonably requires the use of up to an additional nineteen (19) parking spaces, Landlord shall use commercially reasonable efforts to provide such additional parking spaces on the Project. If Landlord is unable to provide such additional parking spaces on the Project, then Landlord shall use commercially reasonable efforts to secure the additional parking spaces at a location reasonably acceptable to Tenant within a radius of ..3 miles paved walking distance from the Premises at Landlord's sole cost, not to patients with heart conditionsexceed Fifty Dollars ($50) per stall per month. If Landlord fails to provide such additional offsite parking spaces, (b) Tenant shall have the right to install signage marking the Reserved Spacessecure such additional parking spaces at Landlord's cost, subject not to Landlord’s prior written approval, which approval Landlord shall not unreasonably withhold, condition or delay, exceed Fifty Dollars (c$50) Tenant shall maintain any such signage at its sole cost and expense and (d) Tenant shall remove any such signage at its sole cost and expense and repair any damage caused by such removal if Tenant is no longer entitled to exclusive use of the Reserved Spaces pursuant to the terms of this Section 15.2)per stall per month. 15.3. Subject to Tenant’s rights under Section 15.2 above, Tenant agrees to comply with all reasonable rules and regulations adopted by Landlord with respect to the use of the parking facilities. Nothing in this Section, however, is intended to create an affirmative duty on Landlord’s part to monitor parking. 15.4. Landlord reserves the right to modify the Common Areas, including the right to add or remove exterior and interior landscaping and to subdivide real property, provided that no such modifications may have a material adverse impact on Tenant’s access to or use and enjoyment of the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located.

Appears in 1 contract

Samples: Lease (Nastech Pharmaceutical Co Inc)

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