Common use of Parking Charges Clause in Contracts

Parking Charges. Tenant shall pay to Landlord (or to the Operator) for the use of such parking privileges so leased by Tenant pursuant to this Article 26, on a monthly basis throughout the Lease Term, the prevailing monthly parking rates charged from time to time by Landlord (or the Operator) for unreserved parking privileges within the Building Parking Area (plus applicable parking taxes), which is currently $262.65 per unreserved vehicle parking privilege and $367.71 per non-executive reserved vehicle parking privilege. In the event Landlord increases the parking charges for any of the various categories of Building Parking Area Passes, Tenant may contest the amount of any increases by written notice (“Tenant’s Parking Contest Notice”) to Landlord; provided however, that Tenant shall not have the right to contest any increases in parking charges which are equal to the amount of any increase in applicable parking taxes. Landlord shall, within thirty (30) days after its receipt of Tenant’s Parking Contest Notice but not more than once every two (2) years, conduct a survey (the “Parking Survey”) of the posted parking rates for reserved parking passes (from which the discount for the executive reserved parking privileges is determined) and/or unreserved parking passes, as applicable, in the on-site parking facilities of Comparable Buildings. If the parking charge for the applicable category of Building Parking Area Passes which is in dispute (the “Disputed Charge”) is in an amount greater than the second highest posted parking rate for such category of parking pass in the on-site parking facilities of Comparable Buildings (as determined pursuant to the Parking Survey, the “Survey Charge Amount”), then the amount of the Disputed Charge shall be reduced to equal the Survey Charge Amount. Notwithstanding the foregoing provisions of this Section 26 to the contrary, at no time shall parking charges for parking passes for any of the various categories of Building Parking Area Passes (i.e., unreserved, executive reserved, and non-executive reserved) during any calendar year of the Lease Term commencing with the calendar year 2021 increase by more than five percent (5%) per year, calculated on a cumulative and compounded basis, over the amounts set forth above (but such annual cap shall not apply to any increases in applicable parking taxes imposed by the applicable governmental authorities). The provisions of this Section 26.2 shall apply during any Option Term.

Parking Charges. Tenant shall pay to Landlord The parking rate during the first (or to the Operator1st) for the use of such parking privileges so leased by Tenant pursuant to this Article 26, on a monthly basis throughout the Lease Term, the prevailing monthly parking rates charged from time to time by Landlord (or the Operator) for unreserved parking privileges within the Building Parking Area (plus applicable parking taxes), which is currently $262.65 per unreserved vehicle parking privilege and $367.71 per non-executive reserved vehicle parking privilege. In the event Landlord increases the parking charges for any year of the various categories of Building Parking Area Passes, Tenant may contest the amount of any increases by written notice (“Tenant’s Parking Contest Notice”) to Landlord; provided however, that Tenant shall not have the right to contest any increases in parking charges which are equal to the amount of any increase in applicable parking taxes. Landlord shall, within thirty (30) days after its receipt of Tenant’s Parking Contest Notice but not more than once every two (2) years, conduct a survey (the “Parking Survey”) of the posted parking rates for reserved parking passes (from which the discount for the executive reserved parking privileges is determined) and/or unreserved parking passes, as applicable, in the on-site parking facilities of Comparable Buildings. If the parking charge for the applicable category of Building Parking Area Passes which is in dispute (the “Disputed Charge”) is in an amount greater than the second highest posted parking rate for such category of parking pass in the on-site parking facilities of Comparable Buildings (as determined pursuant to the Parking Survey, the “Survey Charge Amount”), then the amount of the Disputed Charge Original Term shall be reduced to equal the Survey Charge Amount. Notwithstanding the foregoing provisions of this Section 26 to the contrary, at no time shall parking charges for parking passes for any of the various categories of Building Parking Area Passes Four Thousand Nine Hundred Dollars ($4,900) (i.e., unreserved, executive reserved, and nonThirty-executive reservedFive Dollars ($35.00) during any calendar year of the Lease Term commencing with the calendar year 2021 increase per vehicle) per month. Such charges shall be increased by more than five percent (5%) per yearannum beginning on the first (1st) anniversary of the Commencement Date of the Original Term, calculated on a cumulative and compounded basis; Lessor's failure to increase the parking rates on any Commencement Date anniversary shall not be deemed a waiver of Lessor's right to increase the parking rates on a retroactive basis, over with the amounts retroactive increase being payable in a lump sum. The parking rates set forth above in this Paragraph are "net" to Lessor, and are exclusive of any Xxxxxx City or other governmental parking taxes hereafter imposed; any parking taxes shall at Lessor's option either be paid by: (but such annual cap i) Lessee directly to the taxing authority without reimbursement from Lessor and without offset or deduction against other amounts payable by Lessee to Lessor, or (ii) by Lessee directly to Lessor concurrently with Lessee's payment of the regularly recurring monthly parking charges, with Lessor then making direct payment to the taxing authority. Monthly parking charges shall be payable on the first day of each month, and shall be deemed additional rent and subject to late charges as set forth in Paragraph 13.4 and interest as set forth in Paragraph 19 of the Lease if not received when due. Should Lessor agree in its sole discretion to allow Lessee to rent additional parking spaces in the Project in the future not pursuant to any of Lessee's rights and privileges set forth in this Paragraph 54, the parking charges shall be at Lessor's then generally prevailing rates. Notwithstanding the foregoing, Lessee shall not apply have to pay to Lessor for any increases in applicable parking taxes imposed by charges for the applicable governmental authorities). The provisions first five (5) months of this Section 26.2 shall apply during any Option the Original Term.

Parking Charges. Tenant shall pay to Landlord (or to the Operator) be charged for the use number and type of such parking privileges so leased by the Parking Passes within the Parking Allotment that Tenant elects to rent pursuant to this Article 26Section 24.1 above at the prevailing parking rates charged by Landlord and/or Landlord’s parking operator from time-to-time for reserved or unreserved parking (as the case may be) in the applicable Parking Facilities, on a monthly basis throughout plus applicable parking taxes (which rates are currently $207.00 per reserved parking pass per month and $102.00 per unreserved parking pass per month, each inclusive of parking taxes). Notwithstanding the foregoing: (i) such current parking rates shall be fixed for the first (1st) year of the initial Lease Term, and shall not increase thereafter during the prevailing monthly parking rates charged from time to time by Landlord (or the Operator) for unreserved parking privileges within the Building Parking Area (plus applicable parking taxes), which is currently $262.65 per unreserved vehicle parking privilege and $367.71 per non-executive reserved vehicle parking privilege. In the event Landlord increases the parking charges for any remainder of the various categories of Building Parking Area Passes, Tenant may contest the amount of any increases by written notice (“Tenant’s Parking Contest Notice”) to Landlord; provided however, that Tenant shall not have the right to contest any increases in parking charges which are equal to the amount of any increase in applicable parking taxes. Landlord shall, within thirty (30) days after its receipt of Tenant’s Parking Contest Notice but not more than once every two (2) years, conduct a survey (the “Parking Survey”) of the posted parking rates for reserved parking passes (from which the discount for the executive reserved parking privileges is determined) and/or unreserved parking passes, as applicable, in the on-site parking facilities of Comparable Buildings. If the parking charge for the applicable category of Building Parking Area Passes which is in dispute (the “Disputed Charge”) is in an amount greater than the second highest posted parking rate for such category of parking pass in the on-site parking facilities of Comparable Buildings (as determined pursuant to the Parking Survey, the “Survey Charge Amount”), then the amount of the Disputed Charge shall be reduced to equal the Survey Charge Amount. Notwithstanding the foregoing provisions of this Section 26 to the contrary, at no time shall parking charges for parking passes for any of the various categories of Building Parking Area Passes (i.e., unreserved, executive reserved, and non-executive reserved) during any calendar year of the initial Lease Term commencing with the calendar year 2021 increase by more than five three percent (53%) per year, calculated on a cumulative and compounded basisbasis (but in no event shall such increases result in parking rates payable by Tenant that are in excess of the prevailing parking rates charged by Landlord and/or Landlord’s parking operator from time-to-time for reserved or unreserved parking [as the case may be] in the applicable Parking Facilities); and (ii) Landlord shall xxxxx Tenant’s obligation to pay the parking charges otherwise payable for all of the Reserved Passes and Unreserved Passes within the Parking Allotment that are rented by Tenant pursuant to Section 24.1 above during the first eighteen (18) months of the initial Lease Term (collectively, over the amounts “Abated Parking Charges”). In the event of a default by Tenant under the terms of this Lease that results in the early termination of this Lease pursuant to the provisions of Article 19 above, then as a part of the recovery set forth above (but such annual cap in Article 19, Landlord shall not apply be entitled to any increases in applicable parking taxes imposed by the applicable governmental authorities)recovery of the unamortized balance of the Abated Parking Charges. The provisions For purposes of this Section 26.2 24.2, the Abated Parking Charges shall apply during any Option be amortized on a straight-line basis over the scheduled 6-year initial Lease Term, and the unamortized balance thereof shall be determined based upon the unexpired portion of such initial Lease Term as of the date of such early termination.

Parking Charges. Tenant shall pay to Landlord (or to the Operator) not be charged any parking charges for the use of Tenant's parking spaces set forth in Section 10 of the Summary (and any additional parking spaces leased by Tenant as a result of the addition of any Pre-Third Year Offer Space pursuant to Section 1.5 above) during the initial Lease Term, but Tenant shall be charged for the use of any such parking privileges so spaces during the applicable Option Term(s) at the prevailing parking rates, if any, charged by Landlord and/or Landlord's parking operator from time-to-time for parking (at reserved and unreserved rates, as applicable) in the Parking Facilities. In addition, Tenant shall be charged for the use of any additional parking spaces leased by Tenant as a result of the addition of any Post-Third Year Offer Space, Special First Offer Space and/or FHS Expansion Space leased by Tenant pursuant to this Article 26Sections 1.5 and 1.6 above at the prevailing parking rates, on a monthly basis throughout if any, charged by Landlord and/or Landlord's parking operator from time-to-time (at reserved and unreserved rates, as applicable). To the Lease extent Tenant is charged for parking during an Option Term or for any Post-Third Year Offer Space, Special First Offer Space or FHS Expansion Space, Tenant shall have the right, following written request made by Tenant to Landlord at least sixty (60) days prior to the applicable commencement date for such Option Term or for such space, to have such parking charges included by Landlord in the calculation of, and as an increase in, the Base Rent payable for such Option Term, Post-Third Year Offer Space, Special First Offer Space or FHS Expansion Space, as the prevailing monthly case may be, instead of as a separate parking rates charged from time to time by charge; if Tenant makes such request, Landlord (or the Operator) for unreserved parking privileges within the Building Parking Area (plus applicable parking taxes), which is currently $262.65 per unreserved vehicle parking privilege and $367.71 per non-executive reserved vehicle parking privilege. In the event Landlord increases the parking charges for any of the various categories of Building Parking Area Passes, shall notify Tenant may contest the amount of any increases by written notice (“Tenant’s Parking Contest Notice”) to Landlord; provided however, that Tenant shall not have the right to contest any increases in parking charges which are equal to the amount of any such increase in the applicable parking taxes. Landlord shall, within Base Rent at least thirty (30) days after its receipt of Tenant’s Parking Contest Notice but not more than once every two prior to such applicable commencement date (2) years, conduct a survey (which increase shall be based upon the “Parking Survey”) of the posted parking rates for reserved parking passes in effect as such applicable commencement date) and at least thirty (from which 30) days prior to the discount for the executive reserved parking privileges is determined) and/or unreserved parking passes, as applicable, date any subsequent increase in the on-site parking facilities of Comparable Buildings. If applicable Base Rent shall be effected based upon any subsequent increases in the parking charge rates charged by Landlord for the applicable category of Building Parking Area Passes which is in dispute (the “Disputed Charge”) is in an amount greater than the second highest posted parking rate for such category of parking pass in the on-site parking facilities of Comparable Buildings (as determined pursuant spaces from time to the Parking Survey, the “Survey Charge Amount”), then the amount of the Disputed Charge shall be reduced to equal the Survey Charge Amount. Notwithstanding the foregoing provisions of this Section 26 to the contrary, at no time shall parking charges for parking passes for any of the various categories of Building Parking Area Passes (i.e., unreserved, executive reserved, and non-executive reserved) during any calendar year of the Lease Term commencing with the calendar year 2021 increase by more than five percent (5%) per year, calculated on a cumulative and compounded basis, over the amounts set forth above (but such annual cap shall not apply to any increases in applicable parking taxes imposed by the applicable governmental authorities). The provisions of this Section 26.2 shall apply during any Option Termtime.