Common use of Parking and Transportation Clause in Contracts

Parking and Transportation. (a) Provided no event of default has occurred and is continuing hereunder, Tenant shall have the right to lease the number of parking spaces designated in Paragraph 25 of the Basic Lease Terms. Parking rates for the parking designated in Paragraph 25 of the Basic Lease Terms shall be Landlord's prevailing market rates then in effect for the applicable parking facility. Landlord, in the exercise of its sound business judgment, shall have the right to change the mode of parking in both the Basement Garage and the Multi-Store Parking Facility at any time. Tenant shall not use more parking spaces than said number. In the event Landlord has not assigned specific spaces to Tenant, Tenant shall not use any spaces which have been so specifically assigned by Landlord to other tenants or for such other uses as visitor parking or which have been designated by governmental entities with competent jurisdiction as being restricted to certain uses. (i) 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 parking in areas other than those designated by Landlord for such activities. (ii) If Tenant permits or allows any of the prohibited activities described in this Paragraph 40, 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 immediately payable upon demand by Landlord. (iii) Landlord reserves the right at any time to relocate such spaces and to substitute an equivalent number of parking spaces in a parking structure or subterranean parking facility or in a surface parking area ------------- June 16, 1997

Parking and Transportation. Tenant shall have the option, upon thirty (a30) Provided no event days’ prior notice to Landlord, to rent parking privileges for use by Tenant and Tenant’s employees (including independent contractors who are expected to work in the Building on a regular basis), twenty-four (24) hours per day, seven (7) days per week in the parking facility adjacent to the Building at the rate of default has occurred three and is continuing hereunderone-half (3.5) non-tandem parking privileges per one thousand (1,000) square feet of rentable space initially leased by Tenant. For any parking privilege leased by Tenant over 250,000 rentable square feet, Tenant shall have the option, upon the same terms and conditions as set forth above, to rent three (3) non-tandem parking privileges per one thousand (1,000) square feet of rentable space. Tenant shall have the right to lease specify the location of its reserved parking spaces, and the Tenant’s ratio of standard size cars to compact cars shall be the same as designated by Landlord for other tenants in the Building. Within the ratios of parking referenced above, Tenant shall be permitted one hundred (100) reserved parking privileges at a location designated by Tenant. The parking rate shall be equal to $40.00 per parking privilege per month for all parking provided to Tenant for the first five (5) years of the Term of the Lease. At the beginning of the sixth (6th) year of the Lease Term and on each anniversary thereafter, the parking rates shall be increased to the lesser of: (i) the prevailing market rental rate for parking, provided by comparable office buildings in the vicinity of the Building, or (ii) a five percent (5%) increase, cumulative annually. Other tenant’s parking privileges shall not be used in Tenant’s reserved parking area. At any time during the Lease Term, Tenant may decrease or increase the number of parking spaces designated privileges, if Tenant gives Landlord thirty (30) days prior written notice; provided, however, that in Paragraph 25 of no event shall Tenant’s parking privileges exceed the Basic Lease Termsratios set forth above. Parking rates for Notwithstanding the foregoing limit on parking charges, the parking designated in Paragraph 25 of the Basic Lease Terms charges for visitors shall be Landlord's at the prevailing market rates determined by Landlord from time to time; however, Landlord shall provide a validation system to Tenant which will allow Tenant to purchase validations from time to time from Landlord and then in effect for make such validations available to the applicable clients, customers, guests and visitors of Tenant. The parking facility. Landlord, in the exercise of its sound business judgment, structure shall have the right security comparable to change the mode of security provided by other first-class quality office building parking in both the Basement Garage and the Multi-Store Parking Facility at any timestructures. Tenant shall not use more parking spaces than said number. In comply with the event Landlord has not assigned specific spaces to Tenant, Tenant shall not use any spaces Parking Rules and Regulations attached hereto as Exhibit “J” and incorporated herein by this reference and all reasonable modifications thereto which have been so specifically assigned by Landlord to other tenants or for such other uses as visitor parking or which have been designated by governmental entities with competent jurisdiction as being restricted to certain uses. (i) 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 parking in areas other than those designated by Landlord for such activities. (ii) If Tenant permits or allows any of the prohibited activities described in this Paragraph 40, 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 immediately payable upon demand by Landlord. (iii) Landlord reserves the right at any promulgated from time to relocate such spaces and to substitute an equivalent number of parking spaces in a parking structure or subterranean parking facility or in a surface parking area ------------- June 16, 1997time by the Landlord which are not incompatible with the foregoing.

Parking and Transportation. (a) Provided no event Tenant is not in default of default has occurred any of its obligations under this Lease, Landlord will provide for Tenant’s use, subject to Tenant’s compliance with the conditions and is continuing hereunderrequirements set forth herein, the number of vehicle parking privileges designated in Paragraph 1(y) above, upon payment of a monthly parking fee for such privileges. Tenant shall have be permitted to park in the areas designated by Landlord for parking and Landlord reserves the right to lease set and increase monthly fees for such privileges from time to time during the number term of this Lease. Landlord may assign any unreserved and unassigned parking spaces designated and/or make all or a portion of such spaces reserved, if it determines in Paragraph 25 of the Basic Lease Terms. Parking rates its sole discretion that it is necessary for the parking designated in Paragraph 25 of the Basic Lease Terms shall be Landlord's prevailing market rates then in effect for the applicable parking facility. Landlord, in the exercise of its sound business judgment, shall have the right to change the mode of parking in both the Basement Garage orderly and the Multi-Store Parking Facility at any time. Tenant shall not use more parking spaces than said numberefficient parking. In the event Landlord has not assigned specific spaces to Tenant, Tenant shall not use any spaces which have been so specifically assigned by Landlord to other tenants or for such other uses as visitor parking or which have been designated by governmental entities with competent jurisdiction as being restricted to certain uses. (i) Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's ’s employees, suppliers, shippers, customers, or invitees to be loaded, unloaded, or parking parked in areas other than those designated by Landlord for such activities. (ii) If Tenant permits or allows any of the prohibited activities described in this Paragraph 4041, 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 immediately payable upon demand by Landlord. (iii) Landlord reserves the right at any time to relocate such parking spaces and to substitute an equivalent number of parking spaces within the Building’s parking structure. (iv) Tenant shall submit a written notice in a form reasonably specified by Landlord, containing the names, home and office addresses and telephone numbers of those persons who are authorized by Tenant to use the parking structure privileges on a monthly basis (the “Authorized Users”) and shall use its best efforts to identify each vehicle by make, model and license number. Such notice shall be served upon Landlord prior to the beginning of the term of this Lease. Such notice, as amended from time to time, is hereafter referred to as the “Parking Notice.” No person whose name and address is not contained in the Parking Notice shall have any right to park a vehicle in the area of the Building parking facilities designated for monthly parking and no person whether or subterranean not his name is included in the Parking Notice shall have any right to park a vehicle not identified in the Parking Notice without (in either case) paying the parking charge then applicable for daily parking in the Building parking facilities and parking in the area designated for daily parking. (v) Tenant and Authorized Users shall comply with all rules and regulations as set forth in the Parking Rules and Regulations portion of Exhibit “F” hereto. Landlord reserves the right to modify, add to, or delete from time to time such Parking Rules and Regulations as it deems reasonably necessary for the operation of said parking. Landlord may refuse to permit any person who violates with unreasonable frequency the Parking Rules and Regulations to park in the Building parking facility, and any violation of the rules shall subject the vehicle to removal. Tenant agrees to use its best efforts to acquaint all Authorized Users and visitors with the Parking Rules and Regulations. (vi) All responsibility for damage to cars and theft is assumed by Authorized Users. Tenant shall repair or cause to be repaired at its sole cost and expense any and all damage to the Building parking facility or any part thereof caused by Tenant or its Authorized Users or resulting from vehicles of Authorized Users. (vii) Tenant agrees to promptly notify Landlord of any future security breaches of which Tenant becomes aware, and Landlord shall take commercially reasonable efforts to resolve any such issues. (b) Tenant agrees that it will use its best efforts to cooperate in a surface parking area ------------- June 16programs which may be undertaken by Landlord independently, 1997or in cooperation with local municipalities or governmental agencies or other property owners in the vicinity of the Building, to reduce peak levels of commuter traffic. Such programs may include, but shall not be limited to, carpools, vanpools and other ride sharing programs, public and private transit, and flexible work hours.

Parking and Transportation. (a) Provided no event of default has occurred and is continuing hereunder, Tenant shall have the right to lease the number of parking spaces designated in Paragraph 25 of the Basic Lease Terms. Parking rates for the parking designated in Paragraph 25 of the Basic Lease Terms shall be Landlord's prevailing market rates then in effect for the applicable parking facility. Landlord, in the exercise of its sound business judgment, shall have the right to change the mode of parking in both the Basement Garage and the Multi-Store Parking Facility at any time. Tenant shall not use more parking spaces than said number. In the event Landlord has not assigned specific spaces to Tenant, Tenant shall not use any spaces which have been so specifically assigned by Landlord to other tenants or for such other uses as visitor parking or which have been designated by governmental entities with competent jurisdiction as being restricted to certain uses. (i) 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 parking in areas other than those designated by Landlord for such activities. (ii) If Tenant permits or allows any of the prohibited activities described in this Paragraph 40, 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 immediately payable upon demand by Landlord. (iii) Landlord reserves the right at any time to relocate such spaces and to substitute an equivalent number of parking spaces in a parking structure or subterranean parking facility or in a surface parking area ------------- June 16reasonably equivalent to the affected parking area and within a reasonable distance of the Premises or to change or modify the manner or mode of parking, 1997including, but not limited to, changing any reserved spaces to valet parking and or re-striping such spaces. (iv) Tenant shall submit a written notice in a form reasonably specified by Landlord, containing the names, home and office addresses and telephone numbers of those persons who are authorized by Tenant to use the parking spaces on a monthly basis (the "Authorized Users") and shall use its best efforts to identify each automobile by make, model and license number. Such notice shall be served upon Landlord prior to the beginning of the term of this Lease. Such notice, as amended from time to time, is hereafter referred to as the "Parking Notice". No person whose name and address is not contained in the Parking Notice shall have any right to park an automobile in the area of the Building parking facilities designated for monthly parking and no person whether or not his name is included in the Parking Notice shall have any right to park an automobile not identified in the Parking Notice without (in either case) paying the parking charge then applicable for daily parking in the Building parking facilities and parking in the area designated for daily parking. (v) Tenant and Authorized Users shall comply with all rules and regulations as set forth in the Parking Rules and Regulations portion of Exhibit "F" hereto. Landlord reserves the right to modify, add to, or delete from time to time such Parking Rules and Regulations as it deems reasonably necessary for the operation of said parking. Landlord may refuse to permit any person who violates with unreasonable frequency the Parking Rules and Regulations to parking in the Building Garage and Multi-Story Parking Facility, and any violation of the rules shall subject the car to removal. Tenant agrees to use its reasonable best efforts to acquaint all Authorized Users and visitors with the Parking Rules and Regulations. (vi) All responsibility for damage to cars is assumed by Authorized Users. Tenant shall repair or cause to be repaired at its sole cost and expense any and all damage to the Basement Garage and Multi-Store Parking Facility or any part thereof caused by Tenant or its Authorized Users or resulting from vehicles of Authorized Users. (b) Tenant agrees that it will use its reasonable best efforts to cooperate in programs which may be undertaken by Landlord independently, or in cooperation with local municipalities or governmental agencies or other property owners in the vicinity of the Building, to reduce peak levels of commuter traffic. Such programs may include, but shall not be limited to, carpools, vanpools and other ride sharing programs, public and private transit, and flexible work hours. (c) Tenant shall be entitled to the number of standard automobile parking spaces designated in Paragraph 25 of the Basic Lease Terms. In the event that any of the spaces Tenant is entitled to are not purchased by the Tenant for four (4) consecutive months, Tenant shall have no further rights to these spaces and Landlord may offer these spaces to other parties as it so chooses. (d) Tenant's parking rights hereunder shall extend to any permitted assignee or sublessee of this Lease.