Common use of PARKING AND COMMON AREAS Clause in Contracts

PARKING AND COMMON AREAS. Tenant shall have the right to utilize five (5) parking spaces for every one thousand (1,000) square feet of the Premises on a useable basis, in the parking area adjacent to the Building during the Primary Lease Term. Landlord shall have the right, without obligation, and from time to time, to change the number, size, location, shape and arrangement of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading areas, change the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth above. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive use in common of all tenants of the Building, and those persons invited upon the land upon which the Building is situated and shall be subject to the exclusive control and management of Landlord, and Landlord shall have the right, without obligation to establish, modify and enforce such reasonable rules and regulations, which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with other tenants of the Building and any other parties permitted by Landlord to use the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the term of this Lease. Landlord shall not have the obligation to monitor the utilization of the parking areas or to verify correct utilization of parking facilities by tenants of the Building.

Appears in 2 contracts

Samples: Lease (Requisite Technology Inc /Co), Lease (Requisite Technology Inc /Co)

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PARKING AND COMMON AREAS. Tenant Lessee, for the use and benefit of Lessee, its agents, employees, customers, licensees and sublessees, shall have the nonexclusive right in common with Lessor and others authorized by Lessor to use the portion of the Shopping Center from time to tine established by Lessor as common and parking areas during the term of this Lease for ingress, egress and automobile parking; provided that the condemnation or other taking, restriction or regulation by any public authority, or sale in lieu of condemnation, of any or all, of such parking areas shall rot constitute a violation of this covenant. Lessor reserves the right to utilize five (5) change the entrances, exits, traffic lanes and the boundaries and locations of such parking and common area or areas from that shown on the attached Exhibit "A" and to redesignate such parking and common areas as building area or such building areas as parking and common areas; provided, however, that anything to the contrary notwithstanding contained in this sentence, said common and parking area or areas shall, subject to governmental action, at all tines provide at least three parking spaces for every each one thousand (1,000) square feet of floor area. LESSOR INITIAL /S/ LESSEE INITIAL /S/ Lessee shall also have the Premises on a useable basisright to use such parking areas, driveways and traffic ailes for ingress, egress and parking purposes as Lessor may from tine to time provide for Lessee's use, in the parking area common with others, upon, over and across property adjacent to the Building during Shopping Center, provided that Lessor reserves the Primary Lease Term. Landlord shall have the right to regulate, restrict, alter and/or terminate, in whole or in part, such right, without obligation, and from at any time to time, to change the number, size, location, shape and arrangement of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading areas, change the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth above. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive use in common of all tenants of the Building, and those persons invited upon the land upon which the Building is situated and shall be subject to the exclusive control and management of Landlord, and Landlord shall have the right, without obligation to establish, modify and enforce such reasonable rules and regulations, which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with other tenants of the Building and any other parties permitted by Landlord to use the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for during the term of this Lease. Landlord Lessor shall keep the automobile parking and common areas within the Shopping Center in a neat, clean and orderly condition, and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 9 (c) hereof. Lessor shall not have the obligation to monitor the utilization be liable for any interference with Lessee's business resulting from Lessors maintenance, repair, alteration and/or reconstruction of the automobile parking and common areas. (1) The restricting of employee parking to a limited, designated area or areas or to verify correct utilization the prohibition of employee parking facilities by tenants within the Shopping Center, (2) the regulation of the Building.removal, storage and disposal of Lessee's refuse and other rubbish;

Appears in 2 contracts

Samples: Shopping Center Lease (Futon World Inc), Shopping Center Lease (Futon World Inc)

PARKING AND COMMON AREAS. Tenant Tenant, its agents, employees, servants, contractors, subtenants, licensees, customers and business invitees shall have the right nonexclusive right, in common with Landlord and all others to utilize five (5) parking spaces for every one thousand (1,000) square feet whom Landlord has or may hereafter grant rights, to use such common areas of the Premises on a useable basisHotel (including, in but not limited to, the parking area adjacent lot, walkways, sidewalks, hallways, lobby and public restrooms) as may be designated from time to time by Landlord, subject to such rules and regulations as Landlord may from time to time impose, provided such designation and such rules and regulations do not materially interfere with Tenant's business. Subject to the Building during the Primary Lease Term. foregoing: Tenant agrees that it, its agents, employees, servants, contractors, subtenants and licensees shall abide by such rules and regulations and that Landlord shall have the rightexclusive management and control of all common areas; Landlord may at any time close any common area or other portions of the Hotel to make repairs or changes, without obligationto prevent the acquisition of public rights in such areas, or to discourage noncustomer parking (provided that no such closure (other than temporary closures which are necessary to make repairs or changes) materially and adversely affects access to the Premises). Landlord may do such other acts in and to the common areas and the other portions of the Hotel as in its judgment may be desirable. Landlord agrees, however, to use all reasonable efforts to maintain adequate access to the Premises when the Premises is open for business so that Tenant's customers and staff can enter and leave the Restaurant. All parking areas which Tenant's employees may be permitted to use are to be used under a revocable license, and if any such license is revoked, or if the amount of such area is diminished, Landlord shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation or diminution of such areas be deemed constructive or actual eviction; provided, however, that Landlord shall exercise its rights with respect to such revocable license for parking by Tenant's employees in a nondiscriminatory manner. Tenant shall direct its employees to park only in those areas (which may include off-site parking areas) designated by Landlord from time to time, time for such purposes. Landlord agrees to change maintain the number, size, location, shape and arrangement of parking common areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading areas, change in the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth above. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive use in common of all tenants vicinity of the Building, Premises in good condition and those persons invited upon to keep the land upon which the Building is situated same clean and shall be subject to the exclusive control and management of Landlord, and Landlord shall have the right, without obligation to establish, modify and enforce such reasonable rules and regulations, which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be neat in common with other tenants of the Building and any other parties permitted by Landlord to use the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the term of this Lease. Landlord shall not have the obligation to monitor the utilization of the parking areas or to verify correct utilization of parking facilities by tenants of the Buildingappearance.

Appears in 2 contracts

Samples: Lease Agreement (Ark Restaurants Corp), Lease Agreement (Ark Restaurants Corp)

PARKING AND COMMON AREAS. (a) Landlord covenants that upon completion of the Shopping Center an area approximately equal to the common areas shall be at all times available for the nonexclusive use of Tenant during the full Lease Term or any extension thereof, PROVIDED that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such common areas. (b) Landlord shall keep said automobile parking and Common Areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said Common Areas shall be charged and prorated in the manner as set forth in section 6 hereof. (c) Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall have the non-exclusive right in common with Landlord, and other present and future owners, Tenants and their agents, employees, customers licensees and Sub-Tenants, to utilize five use said common areas during the entire Lease Term, or any extension thereof, for ingress and egress. (5d) parking spaces for every one thousand (1,000) square feet of the Premises on a useable basisTenant, in the use of said Common Areas, agrees to comply with such reasonable rules, regulations and charges for parking area adjacent to the Building during the Primary Lease Term. as Landlord shall have the right, without obligation, and may adopt from time to time, to change the number, size, location, shape and arrangement of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading areas, change the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth above. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are time for the general orderly and nonexclusive use in common proper operation of all tenants of the Building, and those persons invited upon the land upon which the Building is situated and shall be subject to the exclusive control and management of Landlord, and Landlord shall have the right, without obligation to establish, modify and enforce such reasonable said Common Areas. Such rules and regulations, which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with other tenants of the Building and any other parties permitted by Landlord to use the parking area. The parking rights herein granted include but shall not be deemed limited to the following: (1) the restricting of employee parking to a lease but limited, designated area or areas; and (2) the regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenant. (e) Tenant shall be construed as a license granted by Landlord to Tenant 2 assigned and reserved parking space(s) in the underground garage. The surface parking lot is for the term of this Lease. Landlord shall customer use only and not have the obligation to monitor the utilization of the parking areas or to verify correct utilization of parking facilities by tenants of the Buildingfor tenant employee use.

Appears in 1 contract

Samples: Lease Agreement (New Energy Corp)

PARKING AND COMMON AREAS. Tenant shall have the right to utilize five (5a) parking spaces for every one thousand (1,000) square feet of the Premises on a useable basis, in the parking Landlord covenants that an area adjacent approximately equal to the Building common and parking areas as shown on the attached Exhibit "A" shall be at all times available for the nonexclusive use of Tenant during the Primary Lease Term. Landlord shall have the right, without obligation, and from time to time, to change the number, size, location, shape and arrangement of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading areas, change the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth above. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive use in common of all tenants of the Building, and those persons invited upon the land upon which the Building is situated and shall be subject to the exclusive control and management of Landlord, and Landlord shall have the right, without obligation to establish, modify and enforce such reasonable rules and regulations, which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with other tenants of the Building and any other parties permitted by Landlord to use the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the full term of this Lease, or any extension thereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking area shall not constitute a violation of this covenant. Landlord reserves the fight to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas, provided however, that anything to the contrary notwithstanding, said parking area or areas shall at all times be substantially equal or equivalent to that shown on the attached Exhibit "A". (b) Landlord shall keep said parking and common areas in a neat, clean and orderly condition, and shall repair any damage to the facilities thereof, but all such expenses in connection with said parking and common areas shall be charged and prorated as addition rent as set forth in Paragraph 7 hereof (c) Tenant shall, for its use and benefit, and for the use and benefit of its agents, customers, licensees, and subtenants, have the nonexclusive right in common with Landlord, and other present and future owners, tenants, and their agents, customers, licensees and subtenants, to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking only. (d) Tenant shall, in the use of said common and parking areas, comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time of the orderly and proper operation of said common and parking areas. Such rules may include, but shall not have be limited to, the obligation to monitor following: (1) The prohibition of employee parking in the utilization of the common area and parking areas or to verify correct utilization of parking facilities by tenants of the Building.areas; and

Appears in 1 contract

Samples: Lease Agreement (Envirometrics Inc /De/)

PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal to the common and parking areas as shown on the attached Exhibit “A” shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas, provided, however, that anything to the contrary notwithstanding contained in this Article 27, said parking area or areas shall at all times be substantially equal or equivalent to that shown on the attached Exhibit “A”. A. Prior to the date of Tenant’s opening for business in the Premises, Landlord shall cause said common and parking area or areas to be graded, surface, marked and landscaped at no expense to Tenant. B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Article 7 hereof. C. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall have the non-exclusive right to utilize five (5) parking spaces for every one thousand (1,000) square feet of the Premises on a useable basis, in the parking area adjacent to the Building during the Primary Lease Term. Landlord shall have the right, without obligation, and from time to time, to change the number, size, location, shape and arrangement of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading areas, change the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth above. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive use in common of all tenants of the Building, and those persons invited upon the land upon which the Building is situated and shall be subject to the exclusive control and management of with Landlord, and Landlord shall have the rightother present and future owners, without obligation to establishtenants and their agents, modify employees, customers, licensees and enforce such reasonable rules and regulationssub-tenants, which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with other tenants of the Building and any other parties permitted by Landlord to use said common and parking areas during the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking. D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Landlord Such rules may include but shall not have be limited to the obligation following: (1) The restricting of employee parking to monitor the utilization a limited, designated area or areas; and (2) The regulation of the parking areas or to verify correct utilization removal, storage and disposal of parking facilities by tenants Tenant’s refuse and other rubbish at the sole cost and expense of the BuildingTenant.

Appears in 1 contract

Samples: Shopping Center Lease (La Rosa Holdings Corp.)

PARKING AND COMMON AREAS. Tenant 9.01. Tenant, its employees and business invitees shall have the right to utilize five (5) parking spaces for every one thousand (1,000) square feet of the Premises on a useable basisnonexclusive right, in common with Landlord and all other to whom Landlord has granted or may hereafter grant rights, to use such common areas in or adjoining the Building (including but not limited to, the parking area adjacent to the Building during the Primary Lease Term. Landlord shall have the rightlot, without obligation, walkways and sidewalks) as are designated from time to timetime by Landlord, subject to such rules and regulations as Landlord may from time to time impose, including the designation of specific areas in which cars operated by Tenant, its employees and business invitee must be parked. Landlord may at any time close any common area to make repairs or changes (provided the closure does not unreasonably impede access to the Leased Property by customers and employees of Tenant), to change prevent the numberacquisition of public rights in such areas, sizeor to discourage noncustomer parking. Landlord may do such other acts in and to the common areas as in its judgment may be desirable, locationincluding, shape but not limited to, the conversion of portions thereof to other uses. Tenant shall upon request furnish to Landlord the license number of cars operated by Tenant and arrangement its employees. Tenant shall not at any time interfere with the right of Landlord, other tenants, its and their agents, employees, servants, contractors, subtenants, licensees, customers and business invitees to use any part of the parking lot or other common areas. Landlord assumes no responsibility to police the use of said parking areas and Landlord shall not be liable for the use thereof by Landlord, Landlord's other common areastenants, create designated or reserved spaces, restrict parking of tenants its or their guests agents, employees, servants, contractors, subtenants, licensees, customers and/or business invitees or by any other person or persons, entity or entities whomsoever. 9.02. All parking areas and common areas which Tenant may be permitted to designated areasuse are to be used under a revocable license, designate loading and if any such license is revoked, or handicap loading areasif the amount of such area is diminished, change the level Landlord shall not be subject to any liability, nor shall Tenant be entitled to any compensation or grade diminution or abatement of parkingrent, provided nor shall revocation or diminution of such changes do not reduce areas be deemed constructive or actual eviction. If Tenant's ratio as set forth above. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished beneficial use of Tenants reserved parking is diminished by Landlord are for the general and nonexclusive use in common a period more than ten (10) days then Tenant shall be entitled to a rental abatement of all tenants $1.00 per day per space for each space which has been diminished. 9.03. The bulletin board or directory of the Building, and those persons invited upon the land upon which the Building is situated and if any, shall be subject provided exclusively for the display of the names and locations of tenants only and other matters relating to the exclusive control and management of LandlordBuilding, and Landlord shall have reserves the right, without obligation right to establish, modify and enforce such reasonable rules and regulations, which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with other tenants of the Building and exclude any other parties permitted by Landlord to use names therefrom and otherwise limit the parking areanumber of listings thereon. 9.04. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for For the term purpose of this Lease. Landlord Lease Agreement and this section 9, the words "Common Area" shall not have include the obligation to monitor the utilization of the following: lobbies, hallways, staircases, elevators, service rooms, sidewalks, courtyards, landscaped areas, and parking areas or to verify correct utilization of parking facilities by tenants of the Buildinglot.

Appears in 1 contract

Samples: Sublease Agreement (Onecap)

PARKING AND COMMON AREAS. (a) Landlord represents and warrants to Tenant shall have the right to utilize five that there are currently approximately seven hundred (5700) parking spaces for every one thousand (1,000) square feet of the Premises on a useable basis, in the Parking Areas, all of which are non-designated or non-restricted as to use (other than as required under the ADA or similar law) and all of which are and will be available for parking area adjacent to the Building during the Primary Lease Term. Landlord shall have the rightby customers, without obligation, and from time to time, to change the number, size, location, shape and arrangement of parking areas employees and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading areas, change the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth above. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive use in common invitees of all tenants of the BuildingShopping Center. Landlord further represents and warrants to Tenant that the Parking Areas are subject only to the agreements (if any) contained in the Permitted Exceptions. (b) Notwithstanding anything to the contrary contained in Section 4.2 above or elsewhere in this Lease, Landlord covenants that: (i) none of the parking lot configuration within the area delineated on the Site Plan as the "Bally Primary Parking Area", traffic patterns (both vehicular and those persons invited upon the land upon which the Building is situated pedestrian), rights to egress, rights to ingress, curbs, driveways and walkways shall be subject to reconfigured, reconstructed, redirected, or altered without Tenant's prior written consent (including, without limitation, changing the exclusive control size of any parking spaces); (ii) the visibility of the Premises and management of LandlordTenant's signage from the surrounding streets shall not be impaired by any building or sign located within the Shopping Center, and or otherwise constructed within the Shopping Center, that do not presently exist or that are not shown on the Site Plan; (iii) Landlord shall have not grant any "exclusive parking" or "designated parking" rights in or to any portion of the rightParking Areas, or otherwise restrict the use of any portion of the parking area by Tenant's customers, employees, agents, invitees, subtenants, licensees, concessionaires and suppliers, except as may be required under the ADA or similar law and/or, if Landlord shall so elect, for the restriction of parking by employees of the tenants, subtenants, licensees and concessionaires of the Shopping Center (including, without obligation to establish, modify and enforce such reasonable rules and regulations, which the Landlord may deem reasonable and/or necessary. Unless as otherwise providedlimitation, Tenant's ) to a designated area or areas on a non-discriminatory basis as between each of such employees; (iv) Landlord shall not grant any easements of any nature whatsoever directly in front of the Premises (excluding, however, underground utility and other similar easements that do not affect the use of the encumbered portions of the Common Areas for their intended purposes and/or access to the Premises), or designate any portion of the Parking Areas located directly in front of the Premises for employee parking areapursuant to Subsection (iii) above or otherwise; (v) Landlord shall not establish, as herein set forthcharge, shall be in common with or collect any fee or charge of any nature whatsoever for the use of the Parking Areas or any portion thereof (other than through Operating Expenses payable by Tenant pursuant to the provisions of Article 4 of this Lease and by other tenants of the Shopping Center pursuant to any corresponding provisions of their respective leases); and (vi) Other than a freestanding one-story building along the Highway 51 frontage of the Shopping Center as delineated on the Site Plan as "Future Building Area", there shall be no material change to the Site Plan (including, without limitation, the construction and/or installation of any additional stores, shops, buildings, outlots, developments, or improvements (including, without limitation, signs and any other parties permitted by Landlord to use kiosks) in the parking area. The parking rights herein granted Shopping Center) without Tenant's prior written consent, which consent shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the term of this Lease. Landlord shall not have the obligation to monitor the utilization of the parking areas or to verify correct utilization of parking facilities by tenants of the Building.unreasonably withheld provided that:

Appears in 1 contract

Samples: Lease Agreement (Murray Income Properties Ii LTD)

PARKING AND COMMON AREAS. a. Upon request by Tenant and subject to availability, during the Lease Term, Tenant may request reserved parking spaces in the covered parking area (“Designated Space(s)”). If such request is made by Tenant, Landlord’s sole obligation shall be to identify such spaces as designated for Tenant’s exclusive use, using such signage or methods of identification as Landlord shall deem appropriate. Landlord may, but shall have no obligation to, enforce such designation by towing violators or other enforcement actions. Tenant shall not have the right to utilize five (5) parking spaces for every one thousand (1,000) square feet of the Premises on a useable basis, tow vehicles parked in the parking area adjacent to the Building during the Primary Lease TermTenant’s designated spaces. Landlord shall have the right, without obligationafter reasonable notice to Tenant and in Landlord’s discretion, to change the location of Tenant’s designated parking spaces from time to time so long as they continue to be in the covered parking area. In addition to Base Rent and as additional rent hereunder, Tenant shall pay Landlord Seventy-Five and 00/100 Dollars ($75.00) per Designated Space per month (“Parking Charge”) commencing with the first payment of Base Rent following the delivery of a Designated Space to Tenant. The monthly Parking Charge shall increase at the same times and in the same proportions as each increase in Base Rent. b. In addition to the Premises, Tenant shall have the right to non-exclusive use, in common with Landlord, other tenants, and the guests, employees and invitees of common areas (“Common Areas”) (a) automobile parking areas, driveways and footways, and (b) such loading facilities, freight elevators and other facilities as may be designated from time to time by Landlord, subject to the terms and conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. The parking area shall be provided with adequate lighting and shall be maintained in good condition by Landlord; provided that Landlord shall have the right at any time and from time to time to change or modify the design and layout of the parking area(s). In no event shall Tenant use, at any time, to change more than three point eight (3.8) parking spaces per one thousand (1,000) usable square feet of space in the numberPremises. If, sizeat any time, location, shape and arrangement Landlord reasonably determines that Tenant’s use of the parking lot has exceeded the number of parking areas spaces allocated to Tenant, Landlord shall give Tenant written notice and other common areasTenant shall, create designated or reserved spacesat Tenant’s expense, restrict make arrangements for employee parking of tenants or their guests at a site located off the Property sufficient to designated areas, designate loading or handicap loading areas, change the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth above. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive ’s use in common of all tenants of the Building, and those persons invited upon parking lot to the land upon which the Building is situated and required ratio. c. The common areas shall be subject to the exclusive control and management of Landlord, Landlord and Landlord shall have the right, without obligation right to establish, modify and change and enforce from time to time rules and regulations with respect to the common areas so long as such reasonable rules are not discriminatory against Tenant; and Tenant agrees to abide by and conform with such rules and regulations, which the . d. Tenant agrees that it and its officers and employees will park their automobiles only in such areas as Landlord may deem reasonable and/or necessaryfrom time to time designate. Unless as otherwise providedTenant agrees that it will, Tenant's use within five (5) days after written request therefore by Landlord, furnish to Landlord the state automobile license numbers assigned to its cars and the cars of all of its employees. Tenant shall not park any truck or delivery vehicle in the parking areaareas, nor permit deliveries at any place other than as herein set forth, designated by Landlord. e. Neither the parking area nor any common Area in the Building shall be in common with used by Tenant, its successors and assigns, or any agent, employee, invitee, licensee, or customer of Tenant, for any advertising, political campaigning or other tenants similar use, including without limitation, the dissemination of advertising or campaign leaflets or flyers. f. Landlord expressly reserves the Building and right at any other parties permitted by Landlord to use the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for time during the term of this LeaseLease to impose a charge for parking and/or a validation system for the parking of cars in the areas reserved for Bank parking. g. In the event Landlord deems it necessary to prevent the acquisition of public rights in and to the Building, Landlord may from time to time temporarily close portions of the common areas, and may erect private boundary markers or take such steps as deemed appropriate for that purpose. Landlord Such action shall not have the obligation to monitor the utilization constitute or be considered an eviction or disturbance of Tenant’s quiet possession of the parking areas or to verify correct utilization of parking facilities by tenants of the BuildingPremises.

Appears in 1 contract

Samples: Office Lease Agreement (Ominto, Inc.)

PARKING AND COMMON AREAS. Tenant shall have the right to utilize five (5) parking spaces for every one thousand (1,000) square feet of the Premises on a useable basis, in the parking area adjacent to the Building during the Primary Lease TermSection 1. Landlord shall have provide a reasonable area for off-street parking and other “Common Areas” for the rightnonexclusive use of Tenant, without obligationits employees, agents, and from time to timeother invitees, to change the number, size, location, shape and arrangement of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading areas, change the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth above. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive use in common of all tenants of the Building, and those persons invited upon the land upon which the Building is situated and shall be subject to the exclusive control and management of Landlord, and Landlord shall have the right, without obligation to establish, modify and enforce such reasonable rules and regulations, which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with Landlord, other tenants of the Building Shopping Center, and their respective employees, agents, and invitees, except when such are being repaired, altered or reconstructed, and except as provided hereafter. Landlord shall be deemed to have provided a reasonable area for off-street parking if the number of parking spaces in the Shopping Center satisfies the requirements of applicable governmental authorities. As the term is used herein, “Common Areas” or “Common Area” shall mean all those areas of the Shopping Center on which buildings have not been built, including, but not limited to, parking areas; Common Areas shall not include, however, any other parties permitted drive-through lanes or outside sales areas which are segregated from the rest of the Shopping Center or used exclusively by any one tenant. Tenant shall not at any time interfere with the rights of Landlord and others entitled to similar use of Common Areas. Tenant warrants that it has inspected the area and size of the parking areas and that they are sufficient for its needs. An excessive use of parking areas by another tenant which cannot reasonably be controlled by Landlord to use the parking area. The parking rights herein granted shall not be deemed a lease but default or breach of the Lease, and shall be construed as a license granted by Landlord to Tenant for the term in no way suspend or terminate any of Tenant’s obligations under this Lease. Landlord shall not have and Tenant hereby grant to each other nonexclusive cross easements for vehicular parking and pedestrian ingress and egress to and from the obligation Leased Premises to monitor the utilization of Shopping Center, over upon and across the parking areas or to verify correct utilization of parking facilities by tenants and driveways, exits and entrances of the BuildingShopping Center and the Leased Premises.

Appears in 1 contract

Samples: Shopping Center Lease (GrowGeneration Corp.)

PARKING AND COMMON AREAS. Tenant shall have the right to utilize five (5) non-exclusive use of parking spaces for every one thousand (1,000) square feet of the Premises on a useable basis, in the parking area adjacent to areas within the Building during the Primary Lease TermComplex. Landlord shall have the right, without obligation, and from time to time, to change the number, size, location, shape and arrangement of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading areas, and to change the level or grade of parking; PROVIDED, provided such changes do not reduce Tenant's HOWEVER, that Landlord shall at all times during the term of this Lease maintain a parking ratio as set forth aboveof 1 parking space per 400 square feet of rentable floor space, considering all parking spaces available and all rentable square footage in the Building Complex and in the complex at 2905, 2945, and 2995 Center Green Court South. Except as otherwise specifically provided herein, all access roads, courtyards courtyards, and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive use in common of all tenants of the Building, and those persons invited upon the land upon which the Building is situated and shall be subject to the exclusive control and management of Landlord, and Landlord shall have the right, without obligation to establish, modify and enforce such reasonable rules and regulations, regulations which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with other tenants of the Building and any other parties permitted by Landlord to use the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the term of this Lease. Landlord shall not have the obligation to monitor the utilization of the parking areas or to verify correct utilization of parking facilities by tenants of the Building.

Appears in 1 contract

Samples: Annual Report

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PARKING AND COMMON AREAS. It is understood and agreed that the Tenant shall have the right to utilize five use Ten (510) parking spaces for every one thousand (1,000) square feet of the Premises on a useable basis, at no additional charge in the parking area lots adjacent to the Building during building. Tenant shall have the Primary Lease Termright to rent Twelve (12) additional parking spaces at an initial cost of $50.00 per space per month, subject to increase in accordance with Landlord’s customary charges for such spaces, which spaces shall be available on a first come first served basis. This cost, if any, will deemed to be additional rent. The parking rental shall be payable on the same dates and times as the monthly installments of the minimum rental due hereunder. Landlord reserves the right to adjust additional parking spaces rented, but not the initial Ten (10) included spaces or the Twelve (12) additional spaces the Tenant pays for. In addition, Landlord shall have the right, without obligation, and from time to time, to change the number, sizesizes, locationlocations, shape shapes and arrangement arrangements of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading handicapped parking areas, change the level or grade of parkingparking surfaces, provided and do and perform such changes do other acts in and to said areas of improvements as Landlord, in its sole discretion but within reason and applied uniformly, deems advisable for the use thereof. In any event, the number of parking spaces shall not reduce Tenant's ratio as set forth abovebe reduced. Except as otherwise specifically provided herein, all unassigned parking areas, access roads, courtyards courtyards, and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive non-exclusive use in common of all tenants of the Building, and those persons invited upon the land upon which the Building is premises are situated and shall be subject to the exclusive control and management of Landlord, and . Landlord shall have the right, without obligation obligation, to establish, modify and enforce such reasonable rules and regulations, which the Landlord may may, in its sole opinion, deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with other tenants of the Building and any other parties permitted by Landlord to use the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the term of this Lease. Landlord shall not have the obligation to monitor the utilization of the parking areas or to verify correct utilization of parking facilities by tenants of the Building.

Appears in 1 contract

Samples: Commercial Lease Agreement (Intelepeer Inc)

PARKING AND COMMON AREAS. Tenant shall have the right to utilize five (5) parking spaces for every one thousand (1,000) usable square feet of the Premises on a useable basisPremises, in the parking area adjacent to the Building during the Primary Lease Term. Landlord shall have the right, without obligation, and from time to time, to change the number, size, location, shape and arrangement of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading areasareas and to, change the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth above. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive use in common of all tenants of the Building, and those persons invited upon the land upon which the Building is situated and shall be subject to the exclusive control and management of Landlord, and Landlord shall have the right, without obligation to establish, modify and enforce such reasonable rules and regulations, which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with other tenants of the Building and any other parties permitted by Landlord to use the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the term of this Lease. Landlord shall not have the obligation to monitor the utilization of the parking areas or to verify correct utilization of parking facilities by tenants of the Building.

Appears in 1 contract

Samples: Lease (Channelpoint Inc)

PARKING AND COMMON AREAS. (a) Apart from any parking to which Tenant may entitled to under the 863 Mitten Lease, Tenant and Tenant's employees shall have the right to utilize five six (56) parking spaces for every Tenant's exclusive use on the east side of the Premises in the area so identified on Exhibit B attached hereto. In addition, Tenant and Tenant's employees shall have the non-exclusive right during the term to use additional parking spaces such that the total number of parking spaces (including the reserved spaces in the preceding sentence) equals one thousand (1,0001) space per 350 rentable square feet of the Premises on a useable basisPremises. Unless as otherwise provided, in Tenants use of the parking area adjacent to area, as herein set forth, shall be in common with other tenants of the Building during and Complex and any other parties permitted by Landlord to use the Primary Lease Term. parking area, The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the term of this Lease. (b) Landlord shall have the right, without obligation, and from time to time, to change the number, size, location, shape and arrangement of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to areas as are reasonably designated areasby Landlord, designate loading or handicap loading areas, and change the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth above. . (c) Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive non-exclusive use in common of all tenants of the BuildingBuilding or the Complex, and those persons invited upon the land upon which the Building or the Complex is situated and shall be subject to the exclusive control and management of Landlord, and Landlord shall have the right, without obligation to establish, modify and enforce such reasonable rules Rules and regulations, Regulations which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with other tenants of the Building and any other parties permitted by Landlord to use the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the term of this Lease. Landlord shall not have the obligation to monitor the utilization of the parking areas or to verify correct utilization of parking facilities by tenants of the Building.

Appears in 1 contract

Samples: Office Lease (Megabios Corp)

PARKING AND COMMON AREAS. Landlord covenants certain common and parking areas shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such common and parking areas shall not constitute a violation of this covenant, and Landlord reserves the right to close, if necessary, all or any portion of such common or parking areas to such extent as may in the opinion of Landlord's counsel be legally necessary to prevent a dedication thereof or the accrual of any rights of any person or of the public therein; to close temporarily all or any portion of the common areas to discourage non-customer use; to use portions of the common areas while engaged in making additional improvements or repairs or alterations to the Office and Retail Center; and to do and perform such other acts in, to, and with respect to the common areas as Landlord shall reasonably determine to be appropriate for the Office and Retail Center. Landlord further reserves the right to increase or reduce the common areas and to change the entrances, exits, traffic lanes and the boundaries and locations of such common and parking areas, provided that no such modifications or changes shall commercially reduce the total amount of the common or parking areas available under this Section, and so long as it does not impact the Tenant's business. Tenant shall have the right a min. of 4 spaces close to utilize five (5) parking spaces it's premises designated for every one thousand (1,000) square feet of the Premises on a useable basis, in the parking area adjacent to the Building during the Primary Lease Termit's customers. Landlord shall keep said parking and common areas in a neat, it's premise clean and orderly condition and shall repair any damage to the designated facilities thereof. Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub-tenants, shall have the right, without obligation, and from time to time, to change the number, size, location, shape and arrangement of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading areas, change the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth above. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive use non-exclusive right in common of all tenants of the Building, and those persons invited upon the land upon which the Building is situated and shall be subject to the exclusive control and management of with Landlord, and Landlord shall have the rightother present and future owners and tenants and their agents, without obligation to establishemployees, modify customers, licensees and enforce such reasonable rules and regulationssub-tenants, which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with other tenants of the Building and any other parties permitted by Landlord to use said common and parking areas during the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the entire term of this Lease. Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules and regulations and charges for parking as Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not have be limited to the obligation following: (1) Restriction of employee parking to monitor the utilization a limited, designated area or areas; and (2) Regulation of the parking areas or to verify correct utilization removal, storage and disposal of parking facilities by tenants Tenant's refuse and other rubbish at the sole cost and expense of the BuildingTenant.

Appears in 1 contract

Samples: Lease Agreement (Old Line Bancshares Inc)

PARKING AND COMMON AREAS. Tenant shall have the right to utilize five elect to rent up to one (51) parking spaces space for every one thousand (1,000) square feet of the Premises on a useable basis, rentable basis in the parking area adjacent to or under the Building as shown on Exhibit E attached hereto and incorporated herein by this reference during the Primary Lease TermTerm at no charge. Such spaces shall be located as designated by Landlord. Landlord shall have the right, without obligation, and from time to time, to change the number, size, location, shape and arrangement of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their other guests to designated areas, designate loading or handicap loading areas, change the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth aboveparking and to charge for all parking or any portion thereof. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive use in common of all tenants of the Building, and those persons invited upon the land upon which the Building is situated and shall be subject to the exclusive control and management of Landlord, and Landlord shall have the right, without obligation to establish, modify and enforce such reasonable rules and regulations, which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with other tenants of the Building and any other parties permitted by Landlord to use the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the term of this Lease. Landlord shall not have the obligation to monitor the utilization of the parking areas or to verify correct utilization of parking facilities by tenants of the Building.

Appears in 1 contract

Samples: Office Building Lease (Canmax Inc /Wy/)

PARKING AND COMMON AREAS. It is understood and agreed that the Tenant shall have the right to utilize five use Sixteen (516) parking spaces for every one thousand (1,000) square feet of the Premises on a useable basis, at no additional charge in the parking area lots adjacent to the Building during building. Tenant shall have the Primary Lease Termright to rent Twelve (12) additional parking spaces at an initial cost of $50.00 per space per month, subject to increase in accordance with Landlord’s customary charges for such spaces, which spaces shall be available on a first come first served basis. This cost, if any, will deemed to be additional rent. The parking rental shall be payable on the same dates and times as the monthly installments of the minimum rental due hereunder. Landlord reserves the right to adjust additional parking spaces rented, but not the initial Sixteen (16) included spaces or the Twelve (12) additional spaces the Tenant pays for. In addition, Landlord shall have the right, without obligation, and from time to time, to change the number, sizesizes, locationlocations, shape shapes and arrangement arrangements of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading handicapped parking areas, change the level or grade of parkingparking surfaces, provided and do and perform such changes do other acts in and to said areas of improvements as Landlord, in its sole discretion but within reason and applied uniformly, deems advisable for the use thereof. In any event, the number of parking spaces shall not reduce Tenant's ratio as set forth abovebe reduced. Except as otherwise specifically provided herein, all unassigned parking areas, access roads, courtyards courtyards, and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive non-exclusive use in common of all tenants of the Building, and those persons invited upon the land upon which the Building is premises are situated and shall be subject to the exclusive control and management of Landlord, and . Landlord shall have the right, without obligation obligation, to establish, modify and enforce such reasonable rules and regulations, which the Landlord may may, in its sole opinion, deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with other tenants of the Building and any other parties permitted by Landlord to use the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the term of this Lease. Landlord shall not have the obligation to monitor the utilization of the parking areas or to verify correct utilization of parking facilities by tenants of the Building.

Appears in 1 contract

Samples: Commercial Lease Agreement (Intelepeer Inc)

PARKING AND COMMON AREAS. Landlord covenants that an area approximately equal to the common and parking areas as shown on the attached Exhibit "A" shall be at all times available for the non-exclusive use of Tenant during the full term of this Lease or any extension of the term hereof, provided that the condemnation or other taking by any public authority, or sale in lieu of condemnation, of ally or all of such common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such parking area The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged to Tenant and prorated in the manner set forth in Section 8 hereof. So long as Tenant is riot in default hereunder, Tenant, for the use and benefit of Tenant and its customers, shall have the non-exclusive right to utilize five (5) parking spaces for every one thousand (1,000) square feet of the Premises on a useable basis, in the parking area adjacent to the Building during the Primary Lease Term. Landlord shall have the right, without obligation, and from time to time, to change the number, size, location, shape and arrangement of parking areas and other common areas, create designated or reserved spaces, restrict parking of tenants or their guests to designated areas, designate loading or handicap loading areas, change the level or grade of parking, provided such changes do not reduce Tenant's ratio as set forth above. Except as otherwise specifically provided herein, all access roads, courtyards and other areas, facilities or improvements furnished by Landlord are for the general and nonexclusive use in common of all tenants of the Building, and those persons invited upon the land upon which the Building is situated and shall be subject to the exclusive control and management of Landlord, and Landlord shall have the right, without obligation to establish, modify and enforce such reasonable rules and regulations, which the Landlord may deem reasonable and/or necessary. Unless as otherwise provided, Tenant's use of the parking area, as herein set forth, shall be in common with Landlord. and other present and future owners, tenants of the Building and any other parties permitted by Landlord their customers, to use said common and parking areas during the parking area. The parking rights herein granted shall not be deemed a lease but shall be construed as a license granted by Landlord to Tenant for the entire term of this Lease. Landlord , or any extension thereof, for ingress and egress, and automobile parking; provided, however, that Tenant shall not have be permitted use of parking areas for employee parking. Tenant, in this use of said common and parking areas, agrees to comply with such reasonable roles, regulations and charges for parking as the obligation Landlord may adopt from time to monitor lime for the utilization orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited to the regulation of the parking areas or to verify correct utilization removal, storage aid disposal of parking facilities by tenants Tenant's refuse and other rubbish at the sole cost and expense of the BuildingTenant.

Appears in 1 contract

Samples: Lease Agreement (FNB Bancorp/Ca/)

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