Conditions on Use. The use by Tenant, its employees, suppliers, shippers or customers and invitees, of the Garage shall be on the terms and conditions established by Landlord (or Landlord’s agent), and shall be subject to such other agreement between Landlord and Tenant as may hereinafter be established. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant’s employees, suppliers, shippers, customers or invitees to be loaded, unloaded or parked in areas other than those designated for such activities by Landlord. Tenant shall not store or permit its employees to store any automobiles in the Garage, without the prior written consent of Landlord. Except for emergency repairs, Tenant and its employees shall not perform any work on any automobiles while located in the Garage or on the Property. If it is necessary for Tenant or its employees to leave an automobile in the Garage, overnight, Tenant shall provide Landlord with prior notice thereof designating the license plate number and model of such automobile. If Tenant permits or allows any of the prohibited activities, then Landlord shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved and charge the cost to Tenant, which cost shall be payable within thirty (30) days of Tenant’s receipt of an invoice from Landlord, together with reasonable supporting evidence. Tenant shall have no right to assign or sublicense any of its rights in Tenant’s Parking Spaces, except as part of a permitted assignment of this Lease or a sublease of the Premises. Landlord shall have the right to terminate Tenant’s rights hereunder (including termination of any parking agreement related thereto) with respect to any of Tenant’s Parking Spaces that Tenant desires to sublicense or assign except as part of a permitted assignment of this Lease or a sublease of the Premises. Landlord may, in its discretion, allocate and assign parking spaces in the Garage among Tenant and other tenants and occupants in the Project so long as Tenant has access to Tenant’s Required Parking Spaces. Landlord shall also have the right from time to time to promulgate reasonable rules and regulations regarding the Garage, Tenant’s Parking Spaces and the use thereof, including rules and regulations controlling the flow of traffic to and from various areas of the Garage, the angle and direction of parking and the like. Tenant shall comply with and cause its employees to comply with all such rules and regulations, all reasonable additions and amendments thereto, and the terms and provisions hereof. Landlord may elect to provide parking cards or keys to control access to the Garage. In such event, Landlord shall provide Tenant with one (1) card or key for each of Tenant’s Parking Spaces, provided that Landlord shall have the right to require Tenant or its employees to place a deposit on such access cards or keys and to pay a fee for any lost or damaged cards or keys. Tenant’s use of the Garage shall be at Tenant’s sole risk, and Landlord shall have no liability for any personal injury or damage or theft of any vehicles or other property occurring in the Garage, regardless of whether such loss or theft occurs when the Garage or other areas therein are locked or otherwise secured. Except as caused by the negligence or willful misconduct of Landlord and without limiting the terms of the preceding sentence, Landlord shall not be liable for any loss, injury or damage to persons using the Garage, or automobiles or other property therein, it being agreed that, to the fullest extent permitted by law, the use of the Unreserved Spaces shall be at the sole risk of Tenant and its employees. Landlord specifically reserves the right to change the size, configuration, design, layout, location and all other aspects of the Garage and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent EXHIBIT G 1 [Cypress Building] [Griptonite, Inc.] under this Lease, from time to time, close off or restrict access to the Garage or relocate Tenant’s parking to other parking structures and/or surface parking areas within a reasonable distance of the Project, for purposes of permitting or facilitating construction, repair, maintenance, alteration or improvements with respect to the Garage, or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located at the Project or at the location of the Garage, as the case may be, or if required as a result of any Force Majeure events. No deductions or allowances shall be made for any days when Tenant and/or any of its employees does not utilize the Garage or any of Tenant’s Parking Spaces. Landlord may delegate its responsibilities hereunder to a parking operator, in which case such parking operator shall have all the rights of control attributed hereby to Landlord. If requested by Landlord, Tenant shall execute and deliver to Landlord or the parking operator, as applicable, the standard parking agreement used by Landlord or the parking operator for the Parking Spaces. Landlord shall have no liability for claims arising through acts or omissions of any such parking operator, except as otherwise provided in this Lease. EXHIBIT G 2 [Cypress Building] [Griptonite, Inc.] Basic Rent shall be conditionally abated during the first (1st) through fourth (4th) full calendar months of the initial Term as well as during the forty-ninth (49th) through fifty-first (51st) full calendar months of the initial Term (collectively, the “Abatement Period”). As provided in this Lease, Tenant shall, contemporaneously with its execution of this Lease, pay to Landlord Basic Rent for the fifth (5th) month of the Term; thereafter, Tenant shall make Basic Rent payments as otherwise provided in this Lease. Notwithstanding such abatement of Basic Rent (a) all other sums due under this Lease, including Additional Rent, shall be payable as provided in this Lease, and (b) any increases in Basic Rent set forth in this Lease shall occur on the dates scheduled therefor. The amount of Basic Rent conditionally abated for the Abatement Period pursuant to this Exhibit H shall be referred to herein as the “Abated Rent”. Landlord and Tenant acknowledge that the aggregate amount of the Abated Rent equals $287,687.26 (i.e., four (4) months at $38,578.75 per month and three (3) months at $44,457.42 per month). The Abated Rent provided for in this Exhibit H is conditioned upon Tenant’s full and timely performance of all of its obligations under this Lease. If at any time during the Term an Event of Default by Tenant occurs and this Lease is terminated as a result thereof, then the Abatement Period provided for in this Exhibit H shall immediately become void, and Tenant shall promptly pay to Landlord, in addition to all other amounts due to Landlord under this Lease, the full amount of the Abated Rent; provided, however, that if such Event of Default occurs prior to the Termination Date, then the Abated Rent shall only equal $154,315.00. EXHIBIT H 1 [Cypress Building] [Griptonite, Inc.]
Appears in 1 contract
Samples: Lease Agreement (Glu Mobile Inc)
Conditions on Use. The use by Tenant, its employees, suppliers, shippers or customers and invitees, of the Garage Parking Facility shall be on the terms and conditions reasonably established by Landlord (or Landlord’s agent), and shall be subject to such other agreement between Landlord and Tenant as may hereinafter be established. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant’s employees, suppliers, shippers, customers or invitees to be loaded, unloaded or parked in areas other than those designated for such activities by Landlord. Tenant shall not store or permit its employees to store any automobiles in the GarageParking Facility, without the prior written consent of Landlord. Except for emergency repairs, Tenant and its employees shall not perform any work on any automobiles while located in the Garage Parking Facility or on the Property. If it is necessary for Tenant or its employees to leave an automobile in the GarageParking Facility, overnight, Tenant shall provide Landlord with prior notice thereof designating the license plate number and model of such automobile. If Tenant permits or allows any of the prohibited activities, then Landlord shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved and charge the reasonable cost to Tenant, which cost shall be payable within thirty (30) days of Tenant’s receipt of an invoice from Landlord, together with reasonable supporting evidence. Tenant shall have no right to assign or sublicense any of its rights in Tenant’s the Tenant Parking SpacesPasses, except as part of a permitted assignment of this Lease or a sublease of the Premises. Landlord shall have the right to terminate Tenant’s rights hereunder (including termination of any parking agreement related thereto) with respect to any of Tenant’s the Tenant Parking Spaces Passes that Tenant desires to sublicense or assign except as part of a permitted assignment of this Lease or a sublease of the Premises. Landlord may, in its discretion, allocate and assign parking spaces in the Garage Parking Facility among Tenant and other tenants and occupants in the Project so long as Tenant has access to Tenant’s Required right to the Tenant Parking SpacesPasses remains unaffected. Landlord shall also have the right from time to time to promulgate reasonable rules and regulations regarding the GarageParking Facility, Tenant’s the Tenant Parking Spaces Passes and the use thereof, including rules and regulations controlling the flow of traffic to and from various areas of the GarageParking Facility, the angle and direction of parking and the like. Tenant shall comply with and cause its employees to comply with all such rules and regulations, all reasonable additions and amendments thereto, and the terms and provisions hereof. Landlord may elect to provide parking cards or keys to control access to the GarageParking Facility. In such event, Landlord shall provide Tenant with one (1) card or key for each of Tenant’s the Tenant Parking SpacesPasses, provided that EXHIBIT G 1 Second & Spring Avalara, Inc. Landlord shall have the right to require Tenant or its employees to place a deposit on such access cards or keys and to pay a fee for any lost or damaged cards or keys. Tenant’s use of the Garage Parking Facility shall be at Tenant’s sole risk, and Landlord shall have no liability for any personal injury or damage or theft of any vehicles or other property occurring in the GarageParking Facility, regardless of whether such loss or theft occurs when the Garage Parking Facility or other areas therein are locked or otherwise secured. Except as caused by the negligence or willful misconduct of Landlord and without limiting the terms of the preceding sentence, Landlord shall not be liable for any loss, injury or damage to persons using the GarageParking Facility, or automobiles or other property therein, it being agreed that, to the fullest extent permitted by law, the use of the Unreserved Spaces parking spaces in the Parking Facility shall be at the sole risk of Tenant and its employees. Landlord specifically reserves the right to change the size, configuration, design, layout, location and all other aspects of the Garage Parking Facility and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent EXHIBIT G 1 [Cypress Building] [Griptonite, Inc.] under this Lease, from time to time, close off or restrict access to the Garage Parking Facility or relocate Tenant’s parking to other parking structures and/or surface parking areas within a reasonable distance of the Project, for purposes of permitting or facilitating construction, repair, maintenance, alteration or improvements with respect to the GarageParking Facility, or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located at the Project or at the location of the GarageParking Facility, as the case may be, or if required as a result of any Force Majeure events. No If, for any reason, Landlord is unable to provide Tenant with the use all or any portion of the Tenant Parking Passes for a period in excess of three (3) consecutive Business Days, then Tenant’s obligation to pay for such Tenant Parking Passes shall be abated commencing on the expiration of such three (3) business-day period and continuing until Tenant’s use thereof is restored, which abatement shall be in full settlement of all claims that Tenant might otherwise have against Landlord because of Landlord’s failure or inability to provide Tenant with such parking spaces. Except as provided in the immediately preceding sentence, no deductions or allowances shall be made for any days when Tenant and/or any of its employees does not utilize the Garage Parking Facility or any of Tenant’s the Tenant Parking SpacesPasses. Landlord may delegate its responsibilities hereunder to a parking operator, in which case such parking operator shall have all the rights of control attributed hereby to Landlord. If requested by Landlord, Tenant shall execute and deliver to Landlord or the parking operator, as applicable, the standard parking agreement used by Landlord or the parking operator for the Parking SpacesFacility. Landlord shall have no liability for claims arising through acts or omissions of any such parking operator, except as otherwise provided in this Lease. EXHIBIT G 2 [Cypress Building] [GriptoniteSecond & Spring Avalara, Inc.] Inc. The Basic Rent with respect to the Initial Premises shall be conditionally abated during the period commencing on January 1, 2015 and ending on June 30, 2015. The total amount of such abatement with respect to the Initial Premises shall be $405,009.00 (i.e., $67,501.50 per month). In addition, the Basic Rent with respect to the Must-Take Premises shall be conditionally abated for the first five (1st) through fourth (4th5) full calendar months of the initial Term as well as during following the fortyMust-ninth Take Commencement Date. The total amount of such abatement with respect to the Must-Take Premises shall be $163,267.50 (49th) through fifty-first (51st) full calendar months of the initial Term (collectivelyi.e., the “Abatement Period”$32,653.50 per month). As provided in this Lease, Tenant shall, contemporaneously concurrently with its execution of this Lease, pay to Landlord Basic Rent for the fifth seventh (5th7th) month of the Term; thereafter, Tenant shall make Basic Rent payments as otherwise provided in this Lease. Notwithstanding such abatement of Basic Rent (a) all other sums due under this Lease, including Additional Rent, shall be payable as provided in this Lease, and (b) any increases in Basic Rent set forth in this Lease shall occur on the dates scheduled therefor. The amount of Basic Rent conditionally abated for the Abatement Period pursuant to this Exhibit H shall be referred to herein as the “Abated Rent”. Landlord and Tenant acknowledge that the aggregate amount of the Abated Rent equals $287,687.26 (i.e., four (4) months at $38,578.75 per month and three (3) months at $44,457.42 per month). The Abated Rent provided for in this Exhibit H is conditioned upon Tenant’s full and timely performance of all of its obligations under this Lease. If at any time during the Term an Event of Default by Tenant occurs and this Lease is terminated as a result thereof, then the Abatement Period abatement of Basic Rent provided for in this Exhibit H shall immediately become void, and Tenant shall promptly pay to Landlord, in addition to all other amounts due to Landlord under this Lease, the full amount of the Abated Rent; provided, however, . Tenant acknowledges and agrees that if Tenant elects to utilize the Additional Improvement Allowance provided in Section 2.1.1 of Exhibit B, the abatement of Basic Rent provided for herein shall not apply to Tenant’s obligation to pay Additional Monthly Basic Rent, and that Tenant shall be required to commence making monthly payments of Additional Monthly Basic Rent on the later to occur of (i) the Commencement Date and (ii) the date upon which Tenant exercises its right to utilize such Event of Default occurs Additional Improvement Allowance. At any time prior to the Termination Date, then expiration of the periods to which such Abated Rent shall only apply, Landlord shall have the right, but not the obligation (the “Rent Credit Option”), in lieu of all or any portion of the Abated Rent, to elect by notice to Tenant (the “Rent Credit Election Notice”) to disburse to Tenant an amount equal $154,315.00to the sum of (i) the Basic Rent that would have otherwise been abated pursuant to this Lease during the period specified in the Rent Credit Election Notice (the “Abated Base Rent Payment Amount”), and (ii) the Abated Base Rent Income Tax Amount, as that term is defined below, if any, either in a lump sum on or before the first day of the first calendar month of the period specified in the Rent Credit Notice or in monthly installments in an amount equal to the Basic Rent due for each calendar month during the period specified in the Rent Credit Notice on or before the first day of each such calendar month. EXHIBIT H 1 [Cypress Building] [GriptoniteWithin ten (10) business days following Tenant’s receipt of the notice that Landlord has elected to exercise the Rent Credit Option, Inc.]Tenant shall deliver to Landlord a written opinion from Tenant’s tax department to Landlord (which opinion shall be certified as true and correct on behalf of Tenant by Tenant’s chief financial officer) setting forth with reasonably particularity the income tax liability, if any, that Tenant would incur strictly as a result of receiving the payment of the Abated Base Rent Payment Amount (the “Abated Base Rent Income Tax Amount”) together with Tenant’s corresponding obligation to pay Basic Rent for the Premises, and Tenant’s failure to provide such written opinion with the foregoing ten (10) business day period shall result in Landlord having no obligation to pay the Abated Base Rent Income Tax Amount. If Landlord exercises the Rent Credit Option, and so long as Landlord disburses said amount(s) as set forth hereinabove, then during the period specified in the Rent Credit Election Notice (a) the abatement of Basic Rent set forth herein shall be of no force or effect and (b) Tenant shall pay all of the Basic Rent due under this Lease at the time and in the manner set forth in the Basic Lease Information of this Lease, without regard to any Abated Rent. Tenant shall reasonably cooperate with Landlord, including reasonable amendments to this Lease, to permit Landlord to exercise the Rent Credit Option in a manner reasonably required by Landlord or any Landlord’s Mortgagee.
Appears in 1 contract
Samples: Lease Agreement (Avalara Inc)
Conditions on Use. The use by Tenant, its employees, suppliers, shippers or customers and invitees, of the Garage shall be on the terms and conditions established by Landlord (or Landlord’s agent), and shall be subject to such other agreement between Landlord and Tenant as may hereinafter be established. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant’s employees, suppliers, shippers, customers or invitees to be loaded, unloaded or parked in areas other than those designated for such activities by Landlord. Tenant shall not store or permit its employees to store any automobiles in the Garage, without the prior written consent of Landlord. Except for emergency repairs, Tenant and its employees shall not perform any work on any automobiles while located in the Garage or on the Property. If it is necessary for Tenant or its employees to leave an automobile in the Garage, overnight, Tenant shall provide Landlord with prior notice thereof designating the license plate number and model of such automobile. If Tenant permits or allows any of the prohibited activities, then Landlord shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved and charge the cost to Tenant, which cost shall be payable within thirty (30) days of Tenant’s receipt of an invoice from Landlord, together with reasonable supporting evidence. Tenant shall have no right to assign or sublicense any of its rights in Tenant’s Parking Spaces, except as part of a permitted assignment of this Lease or a sublease of the Premises. Landlord shall have the right to terminate Tenant’s rights hereunder (including termination of any parking agreement related thereto) with respect to any of Tenant’s Parking Spaces that Tenant desires to sublicense or assign except as part of a permitted assignment of this Lease or a sublease of the Premises. Landlord may, in its discretion, allocate and assign parking spaces in the Garage among Tenant and other tenants and occupants in the Project so long as Tenant has access to Tenant’s Required Parking Spaces. Landlord shall also have the right from time to time to promulgate reasonable rules and regulations regarding the Garage, Tenant’s Parking Spaces and the use thereof, including rules and regulations controlling the flow of traffic to and from various areas of the Garage, the angle and direction of parking and the like. Tenant shall comply with and cause its employees to comply with all such rules and regulations, all reasonable additions and amendments thereto, and the terms and provisions hereof. Landlord may elect to provide parking cards or keys to control access to the Garage. In such event, Landlord shall provide Tenant with one (1) card or key for each of Tenant’s Parking Spaces, provided that Landlord shall have the right to require Tenant or its employees to place a deposit on such access cards or keys and to pay a fee for any lost or damaged cards or keys. Tenant’s use of the Garage shall be at Tenant’s sole risk, and Landlord shall have no liability for any personal injury or damage or theft of any vehicles or other property occurring in the Garage, regardless of whether such loss or theft occurs when the Garage or other areas therein are locked or otherwise secured. Except as caused by the negligence or willful misconduct of Landlord and without limiting the terms of the preceding sentence, Landlord shall not be liable for any loss, injury or damage to persons using the Garage, or automobiles or other property therein, it being agreed that, to the fullest extent permitted by law, the use of the Unreserved Spaces shall be at the sole risk of Tenant and its employees. Landlord specifically reserves the right to change the size, configuration, design, layout, location and all other aspects of the Garage and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent EXHIBIT G 1 [Cypress Building] [Griptonite, Inc.] under this Lease, from time to time, close off or restrict access to the Garage or relocate Tenant’s parking to other parking structures and/or surface parking areas within a reasonable distance of the Project, for purposes of permitting or facilitating construction, repair, maintenance, alteration or improvements with respect to the Garage, or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located at the Project or at the location of the Garage, as the case may be, or if required as a result of any Force Majeure events. No If, for any reason, Landlord is unable to provide Tenant with the use all or any portion of the Tenant’s Parking Spaces for a period in excess of five (5) consecutive business days, then Tenant’s obligation to pay for such Tenant’s Parking Spaces shall be abated commencing on the expiration of such five (5) business-day period and continuing until Tenant’s use thereof is restored, and in the event Landlord is unable to provide Tenant with the use of all or any portion of Tenant’s Parking Spaces for more than sixty (60) days, then Landlord shall provide for alternate unreserved parking for Tenant, which alternate parking is to be located within four (4) blocks of the Building, and in no event shall the rate payable by Tenant for such alternate parking be in excess of the then-applicable rate for unreserved parking at the Garage. Except as provided in the immediately preceding sentence, no deductions or allowances shall be made for any days when Tenant and/or any of its employees does not utilize the Garage or any of Tenant’s Parking Spaces. Landlord may delegate its responsibilities hereunder to a parking operator, in which case such parking operator shall have all the rights of control attributed hereby to Landlord. If requested by Landlord, Tenant shall execute and deliver to Landlord or the parking operator, as applicable, the standard parking agreement used by Landlord or the parking operator for the Parking Spaces. Landlord shall have no liability for claims arising through acts or omissions of any such parking operator, except as otherwise provided in this Lease. EXHIBIT G 2 [Cypress Building] [Griptonite, Inc.] Basic Rent shall be conditionally abated during the first (1st) through fourth (4th) full calendar months of the initial Term as well as during the forty-ninth (49th) through fifty-first (51st) full calendar months of the initial Term (collectively, the “Abatement Period”). As provided in this Lease, Tenant shall, contemporaneously with its execution of this Lease, pay to Landlord Basic Rent for the fifth (5th) month of the Term; thereafter, Tenant shall make Basic Rent payments as otherwise provided in this Lease. Notwithstanding such abatement of Basic Rent (a) all other sums due under this Lease, including Additional Rent, shall be payable as provided in this Lease, and (b) any increases in Basic Rent set forth in this Lease shall occur on the dates scheduled therefor. The amount of Basic Rent conditionally abated for the Abatement Period pursuant to this Exhibit H shall be referred to herein as the “Abated Rent”. Landlord and Tenant acknowledge that the aggregate amount of the Abated Rent equals $287,687.26 (i.e., four (4) months at $38,578.75 per month and three (3) months at $44,457.42 per month). The Abated Rent provided for in this Exhibit H is conditioned upon Tenant’s full and timely performance of all of its obligations under this Lease. If at any time during the Term an Event of Default by Tenant occurs and this Lease is terminated as a result thereof, then the Abatement Period provided for in this Exhibit H shall immediately become void, and Tenant shall promptly pay to Landlord, in addition to all other amounts due to Landlord under this Lease, the full amount of the Abated Rent; provided, however, that if such Event of Default occurs prior to the Termination Date, then the Abated Rent shall only equal $154,315.00. EXHIBIT H 1 [Cypress Building] [Griptonite, Inc.].
Appears in 1 contract
Samples: Lease Agreement (Hipcricket, Inc.)
Conditions on Use. The Lessee's use by Tenant, its employees, suppliers, shippers or customers and invitees, of the Garage Premises shall be on in ----------------- accordance with the terms and conditions established by Landlord following requirements:
(or Landlord’s agent), and shall be subject to such other agreement between Landlord and Tenant as may hereinafter be established. Tenant a) Lessee shall not permit commit, or allow any vehicles that belong to or are controlled by Tenant or Tenant’s employees, suppliers, shippers, customers or invitees suffer to be loadedcommitted, unloaded any waste upon the said Premises or parked in areas other than those designated any part thereof, or any nuisance.
(b) Lessee shall maintain at all times during the Term, including any extension of holdover periods, all governmental licenses, permits and authorizations necessary for such activities by Landlord. Tenant shall not store or permit its employees to store any automobiles the establishment and operation of the Premises as the Licensed Facility in the Garagecity of Los Angeles, County of Los Angeles, State of California and participation as a provider under Medicare, Medi-Cal, or other such legislation and regulations (collectively, "Required Licenses"). Lessee shall not, without the prior written consent of Landlord. Except for emergency repairsLessor, Tenant and its employees shall not perform effect any work on any automobiles while located change in the Garage license category or on status of the PropertyPremises or any part thereof or in the number of licensed beds thereat (except in accordance with Paragraph 8.1 of this Lease). Lessee agrees that if it is notified, or otherwise learns or believes, that the Department of Health Services ("DHS") or other governmental authorities (collectively, "Agencies"; singularly, an "Agency") intends to close the Licensed Facility, require transfer of patients of the Licensed Facility or suspend, revoke or terminate any Required Licenses, Lessee will fully cooperate with Lessor, DHS and any other applicable Agencies to take any and all actions necessary to preempt and avoid such closure, transfer or loss of Required Licensure. If it such closure, transfer or loss of Required Licensure is necessary for Tenant imminent, Lessee shall permit Lessor or its employees other party acceptable to leave an automobile in Lessor and the Garage, overnight, Tenant shall provide Landlord with prior notice thereof designating the license plate number and model of such automobile. If Tenant permits or allows any applicable Agencies to immediately assume management of the prohibited activitiesLicensed Facility under a management arrangement with Lessee.
(c) Lessee shall furnish to Lessor promptly upon receipt by Lessee, then Landlord shall have copies of all correspondence, surveys, etc. received by Lessee from, and/or sent by Lessee to, Xxxxx Xxx Xxxxxxxxxxxx Lease any and all Agencies, including but not limited to DHS and the right, without notice, in addition to such other rights agencies regulating Medicare and remedies that it may have, to remove or tow away the vehicle involved and charge the cost to Tenant, which cost shall be payable within thirty (30) days of Tenant’s receipt of an invoice from Landlord, together with reasonable supporting evidence. Tenant shall have no right to assign or sublicense any of its rights in Tenant’s Parking Spaces, except as part of a permitted assignment of this Lease or a sublease Medi-Cal certification of the Premises. Landlord shall have the right to terminate Tenant’s rights hereunder (including termination of any parking agreement related thereto) with respect , reimbursement and/or provider agreements relating to any and all Class A or Class AA citations or any threat or implementation of Tenant’s Parking Spaces that Tenant desires to sublicense revocation, suspension or assign except as part of a permitted assignment of this Lease or a sublease reduction of the PremisesFacility's license or decertification of the Facility under Medicare or Medi-Cal. Landlord may, in its discretion, allocate and assign parking spaces in the Garage among Tenant and other tenants and occupants in the Project so long as Tenant has access to Tenant’s Required Parking Spaces. Landlord Lessee shall also have furnish to Lessor copies of all plans of correction and all correspondence related thereto submitted to any such Agencies concurrently with such submission related to any such events requiring notice hereunder. All notices required pursuant to this Subparagraph 8(c) shall be provided as soon as reasonably possible, not later then 5 days following each such action or event for which notice is required.
(d) Lessee shall not use, generate, manufacture, disturb, store or dispose of on, under or about the right Premises or transfer to or from time to time to promulgate reasonable rules the Premises any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials (collectively "Hazardous Substances") except that Lessee may store, use and regulations regarding the Garagedispose of such substances that are customarily used in skilled nursing facilitates in California provided they are stored, Tenant’s Parking Spaces used and the use thereof, including rules and regulations controlling the flow disposed of traffic to and from various areas of the Garage, the angle and direction of parking and the like. Tenant shall comply with and cause its employees to comply in full compliance with all such applicable laws, rules and regulations, all reasonable additions and amendments thereto, and the terms and provisions hereof. Landlord may elect to provide parking cards or keys to control access to the Garage. In such event, Landlord shall provide Tenant with one (1) card or key for each of Tenant’s Parking Spaces, provided that Landlord shall have the right to require Tenant or its employees to place a deposit on such access cards or keys and to pay a fee for any lost or damaged cards or keys. Tenant’s use of the Garage shall be at Tenant’s sole risk, and Landlord shall have no liability for any personal injury or damage or theft of any vehicles or other property occurring in the Garage, regardless of whether such loss or theft occurs when the Garage or other areas therein are locked or otherwise secured. Except as caused by the negligence or willful misconduct of Landlord and without limiting the terms of the preceding sentence, Landlord shall not be liable for any loss, injury or damage to persons using the Garage, or automobiles or other property therein, it being agreed that, to the fullest extent permitted by law, the use of the Unreserved Spaces shall be at the sole risk of Tenant and its employees. Landlord specifically reserves the right to change the size, configuration, design, layout, location and all other aspects of the Garage and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent EXHIBIT G 1 [Cypress Building] [Griptonite, Inc.] under this Lease, from time to time, close off or restrict access to the Garage or relocate Tenant’s parking to other parking structures and/or surface parking areas within a reasonable distance of the Project, for purposes of permitting or facilitating construction, repair, maintenance, alteration or improvements with respect to the Garage, or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located at the Project or at the location of the Garage, as the case may be, or if required as a result of any Force Majeure events. No deductions or allowances shall be made for any days when Tenant and/or any of its employees does not utilize the Garage or any of Tenant’s Parking Spaces. Landlord may delegate its responsibilities hereunder to a parking operator, in which case such parking operator shall have all the rights of control attributed hereby to Landlord. If requested by Landlord, Tenant shall execute and deliver to Landlord or the parking operator, as applicable, the standard parking agreement used by Landlord or the parking operator for the Parking Spaces. Landlord shall have no liability for claims arising through acts or omissions of any such parking operator, except as otherwise provided in this Lease. EXHIBIT G 2 [Cypress Building] [Griptonite, Inc.] Basic Rent shall be conditionally abated during the first (1st) through fourth (4th) full calendar months of the initial Term as well as during the forty-ninth (49th) through fifty-first (51st) full calendar months of the initial Term (collectively, the “Abatement Period”). As provided used in this Lease, Tenant shallHazardous Substances shall include, contemporaneously with its execution but not be limited to, substances defined as "hazardous substances", "hazardous materials", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of this Lease1980, pay to Landlord Basic Rent for as amended, 42 U.S.C. Section 9601, et seq.; the fifth (5th) month of Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq.; the TermResource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; thereafterthe Clean Water Act, Tenant shall make Basic Rent payments as otherwise provided in this Lease. Notwithstanding such abatement of Basic Rent (a) all other sums due under this Lease, including Additional Rent, shall be payable as provided in this Lease, and (b) any increases in Basic Rent set forth in this Lease shall occur on the dates scheduled therefor. The amount of Basic Rent conditionally abated for the Abatement Period pursuant to this Exhibit H shall be referred to herein as the “Abated Rent”. Landlord and Tenant acknowledge that the aggregate amount of the Abated Rent equals $287,687.26 (i.e., four (4) months at $38,578.75 per month and three (3) months at $44,457.42 per month). The Abated Rent provided for in this Exhibit H is conditioned upon Tenant’s full and timely performance of all of its obligations under this Lease. If at any time during the Term an Event of Default by Tenant occurs and this Lease is terminated as a result thereof, then the Abatement Period provided for in this Exhibit H shall immediately become void, and Tenant shall promptly pay to Landlord, in addition to all other amounts due to Landlord under this Lease, the full amount of the Abated Rent; provided, however, that if such Event of Default occurs prior to the Termination Date, then the Abated Rent shall only equal $154,315.00. EXHIBIT H 1 [Cypress Building] [Griptonite, Inc.]33 U.S.
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Samples: Lease Agreement (Sycamore Park Convalescent Hospital)