Common use of Parking Privileges Clause in Contracts

Parking Privileges. Parking privileges shall be made available to Tenant in the Garage by Garden Parking Corporation, a Delaware corporation, or an affiliate thereof (together with its successor and assigns, the “Garage Owner”) for one (1) passenger automobile for every three thousand (3,000) square feet of Rentable Floor Area in the Premises for the parking of motor vehicles in unreserved stalls in the Garage by Tenant’s employees commencing on the Commencement Date of the Term. On or before the Commencement Date, Tenant shall provide written notice to Landlord stating the total number of parking privileges (not to exceed one (1) for every three thousand (3,000) square feet of Rentable Floor Area in the Premises) that Tenant elects to use (as it may be adjusted pursuant to this Section 10.1, the “Total Number of Parking Privileges”). If Tenant fails to provide such written notice to Landlord on or before the Commencement Date, then the Total Number of Parking Privileges shall be deemed to be forty nine (49) (i.e., one (1) for every three thousand (3,000) square feet of Rentable Floor Area in the Premises as of the Commencement Date. If the Total Number of Parking Privileges is fewer than forty nine (49), then Tenant shall be deemed to have waived its right to the additional parking privileges (subject to adjustment of the Total Number of Parking Privileges, as provided below). If the Rentable Floor Area of the Premises increases or decreases at any time during the Lease Term, then, unless otherwise agreed in writing by Landlord and Tenant, the number of unreserved parking stalls to which Tenant is entitled under this Lease shall be increased or reduced, as applicable, proportionately therewith, unless the Rentable Floor Area of the Premises increases as the result of Tenant’s exercise of the Right of First Offer, in which case Tenant’s additional parking privileges, if any, shall be determined in accordance with Section 3.4. On an annual basis, Tenant may increase or decrease the Total Number of Parking Privileges by up to ten (10) spaces per year, but Tenant may never increase the Total Number of Parking Privileges to more than one (1) space for every three thousand (3,000) square feet of Rentable Area on the Premises. To increase or decrease the Total Number of Parking Privileges, Tenant shall give written notice to Landlord on or before October 1 of the immediately preceding calendar year, and any such adjustment shall be effective as of January 1 of the immediately following calendar year and shall remain in effect for the entirety of such calendar year. If Tenant does not provide written notice of any adjustment to the Total Number of Parking Privileges by October 1 in any year, then there shall not be any adjustment to the Total Number of Parking Privileges for the following calendar year.

Parking Privileges. Parking privileges Reference is made to the fact that affiliates of Landlord have constructed two (2) parking garages and propose to construct one or more additional parking garages (hereinafter the "Garage" or the "Garages") within the Development Area shown on Exhibit F to serve the Building and other buildings constructed or to be constructed by Landlord or affiliates of Landlord within the Development Area. The existing Garage, with vehicular entrances from the south side of Broadway and the east side of Ames Xxxeet, is also sometimes hereinafter referred to as the "East Garage". The existing Garage, located on Parcel 2 of the Development Area with vehicular entrances from the north side of Broadway and the south side of Binney Street is also sometimes hereinafter referred to as the "North Garage". Landlord shall be made available provide to Tenant monthly parking privileges in one or more of the Garage by Garden Parking Corporation, a Delaware corporation, or an affiliate thereof Garages in number not to exceed parking for two (together with its successor and assigns, the “Garage Owner”) for one (12) passenger automobile automobiles for every three thousand (3,000) each 1,000 square feet of Rentable Floor Area in of the Premises for the parking of motor vehicles in unreserved stalls in one or more of the Garage Garages by Tenant’s 's employees commencing on the Commencement Date of the Lease Term. On or before Such parking privileges may be shifted from time to time among the Commencement Date, Tenant Garages by notice from Landlord; provided however that parking shall provide written notice to Landlord stating be provided in the East Garage for no less than one-half (Y2) of the total number of parking privileges (not to exceed one (1) automobiles for every three thousand (3,000) square feet of Rentable Floor Area in the Premises) that which Tenant elects to use (as it may be adjusted have parking privileges pursuant to this Section 10.110. 1. Within thirty (3 0) days after the date of execution of this Lease, the “Total Number of Parking Privileges”). If Tenant fails to provide such written notice to Landlord on or before the Commencement Date, then the Total Number of Parking Privileges shall be deemed to be forty nine (49) (i.e., one (1) for every three thousand (3,000) square feet of Rentable Floor Area in the Premises as of the Commencement Date. If the Total Number of Parking Privileges is fewer than forty nine (49), then Tenant shall be deemed to have waived its right to the additional parking privileges (subject to adjustment notify Landlord of the Total Number of Parking Privileges, as provided below). If the Rentable Floor Area of the Premises increases or decreases at any time during the Lease Term, then, unless otherwise agreed in writing by Landlord and Tenant, the number of unreserved parking stalls to spaces which Tenant is entitled under this Lease shall desires be increased or reduced, as applicable, proportionately therewith, unless made available in the Rentable Floor Area of the Premises increases as the result of Tenant’s exercise of the Right of First Offer, in which case Tenant’s additional parking privileges, if any, shall be determined Garage(s) for its use in accordance with Section 3.4. On an annual basis, Tenant may increase or decrease the Total Number of Parking Privileges by up to ten (10) spaces per year, but Tenant may never increase the Total Number of Parking Privileges to more than one (1) space for every three thousand (3,000) square feet of Rentable Area on the Premises. To increase or decrease the Total Number of Parking Privileges, Tenant shall give written notice to Landlord on or before October 1 of the immediately preceding calendar year, and any such adjustment shall be effective as of January 1 of the immediately following calendar year and shall remain in effect for the entirety of such calendar year. If Tenant does not provide written notice of any adjustment to the Total Number of Parking Privileges by October 1 in any year, then there shall not be any adjustment to the Total Number of Parking Privileges for the following calendar yearthis Section.

Parking Privileges. Parking privileges Commencing on the Commencement Date and continuing throughout the Term, Landlord shall be made available provide to Tenant monthly parking privileges in the Garage by Garden Parking Corporationone or more Permitted Garages (as defined and more particularly described in Section 10.5 hereof), based upon a Delaware corporation, or an affiliate thereof (together with its successor and assigns, the “Garage Owner”) for ratio of one (1) passenger automobile parking pass for every three thousand (3,000) each 1,000 rentable square feet of Rentable Floor Area in the Premises Premises, for the parking of motor passenger vehicles in unreserved (except as set forth herein) stalls in the Permitted Garage assigned to such parking privilege in accordance with Section 10.5 below (the “Assigned Garage”) by Tenant’s employees commencing on the Commencement Date and employees of the Term. On or before the Commencement Date, permitted assignees and subtenants of Tenant shall provide written notice to Landlord stating the total number of parking privileges (not to exceed one (1) for every three thousand (3,000) square feet of Rentable Floor Area in the Premises) that Tenant elects to use Building, at 000 Xxxxxxxx, 00 Xxxxxxxx xx Xxxxxxxxx, Xxxxxxxxxxxxx and any other building owned by Landlord or its affiliates in the Xxxxxxx Square area of Cambridge, Massachusetts (as it may be adjusted pursuant to this Section 10.1, the “Total Number of Parking PrivilegesEligible Holders”). If Tenant fails may, by giving Landlord thirty (30) days’ advance written notice, convert up to provide ten (10) of its unreserved parking passes to passes for reserved parking spaces (the “Reserved Garage Passes”) in the Yellow Garage for certain of its employees. Landlord will use reasonable efforts, by the use of signs and markings, to designate such written notice reserved spaces, but shall not be otherwise obligated to Landlord on or before police the Commencement Dateuse of such reserved spaces, then the Total Number of Parking Privileges shall be deemed which Tenant recognizes are to be forty nine (49) (i.e., one (1) for every three thousand (3,000) square feet of Rentable Floor Area in operated on a self-parking basis. In the Premises as of the Commencement Date. If the Total Number of Parking Privileges is fewer than forty nine (49), then Tenant shall be deemed to have waived its right to the additional parking privileges (subject to adjustment of the Total Number of Parking Privileges, as provided below). If event that the Rentable Floor Area of the Premises decreases or increases or decreases at any time after the Commencement Date and during the Lease Term, then, unless otherwise agreed in writing by Landlord and Tenant, the number of unreserved parking stalls to which Tenant is entitled under this Lease privileges shall be reduced or increased or reduced, as applicable, proportionately therewith, unless the Rentable Floor Area at a ratio of the Premises increases as the result of Tenant’s exercise of the Right of First Offer, in which case Tenant’s additional parking privileges, if any, shall be determined in accordance with Section 3.4. On an annual basis, Tenant may increase or decrease the Total Number of Parking Privileges by up to ten (10) spaces per year, but Tenant may never increase the Total Number of Parking Privileges to more than one (1) space for every three thousand (3,000) parking pass per 1,000 square feet of Rentable Area on rentable floor area and the Premises. To increase or decrease the Total Number number of Parking Privileges, Reserved Garage Passes provided to Tenant shall give written notice to Landlord on be reduced or before October 1 increased based upon the proportion of the immediately preceding calendar yearnumber of Reserved Garage Passes to the number of all required parking passes. Tenant may also request additional parking passes from Landlord from time to time, and any if Landlord determines in good faith that additional parking passes are available, then Landlord shall provide such adjustment number of additional parking passes, up to the number requested by Tenant (“Additional Parking Passes”). The Additional Parking Passes shall be effective as on a month-to-month basis, with either party having the right to cancel some or all of January 1 such Additional Parking Passes on not less than thirty (30) days’ notice, and shall otherwise be on all of the immediately following calendar year terms and shall remain in effect for the entirety conditions of such calendar year. If Tenant does not provide written notice of any adjustment to the Total Number of Parking Privileges by October 1 in any year, then there shall not be any adjustment to the Total Number of Parking Privileges for the following calendar yearunreserved parking passes hereunder.

Parking Privileges. Parking privileges Reference is made to the fact that affiliates of Landlord have constructed three (3) parking garages (hereinafter the “Garage” or the “Garages”) within the Development Area shown on Exhibit F to serve the Building and other buildings constructed or to be constructed by Landlord or affiliates of Landlord within the Development Area. The existing Garage, with vehicular entrances from the south side of Broadway and the east side of Xxxx Street, is also sometimes hereinafter referred to as the “East Garage.” The existing Garage, located on Parcel 2 of the Development Area with vehicular entrances from the north side of Broadway and the south side of Binney Street is also sometimes hereinafter referred to as the “North Garage.” The existing Garage located on Parcel 3 of the Development Area with vehicular entrances from the west side of Xxxx Street and the east side of Xxxxxxx Xxxxxxx Way, is also sometimes hereinafter referred to as the “West Garage”. Landlord shall be made available provide to Tenant monthly parking privileges in the West Garage by Garden Parking Corporation, a Delaware corporation, or an affiliate thereof (together with its successor and assigns, the “Garage Owner”) in number not to exceed parking for one and one half (11 1/ 2) passenger automobile automobiles for every three thousand (3,000) each 1,000 square feet of Rentable Floor Area in of the Premises (as it is contemplated to increase or decrease pursuant to Article XVII) for the parking of motor vehicles in unreserved stalls in the Garage by Tenant’s employees commencing on the Commencement Date of the Lease Term. On The parking privileges may be shifted from time to time to the East Garage by notice from Landlord; provided however that parking shall be provided in the West Garage for no less than eighty percent (80%) of the total number of automobiles for which Tenant elects to have parking privileges pursuant to this Section 10.1. For the avoidance of ambiguity, notwithstanding any provision hereof to the contrary, the parties agree that in no event shall the Tenant’s parking privileges be shifted to the North Garage without the express written consent of Tenant, in its sole discretion. Tenant shall, not less than six (6) months prior to the Commencement Date (i.e., on or before December 1, 2008), give Landlord notice with regard to the initial number of automobiles for which Tenant desires parking privileges, not exceeding Tenant’s entitlement pursuant to this Lease, and it is contemplated that this figure shall be increased upon the occurrence of each Rent Commencement Date, with respect to each Premises Component which has a Rent Commencement Date later than the Commencement Date, by the amount specified by Tenant within thirty (30) days of the Rent Commencement Date with respect to such Premises Component, not exceeding in the aggregate Tenant’s entitlement pursuant to this Lease. Tenant shall provide written also have the right to adjust the number of automobiles for which it has parking privileges on an annual basis with six (6) months’ prior notice to Landlord stating the total number of Landlord, provided that in no event shall parking privileges (not to exceed one (1) for every three thousand (3,000) more than 1 1/2 parking spaces per 1,000 square feet of Rentable Floor Area in the Premises) that Tenant elects to use (as it may be adjusted pursuant to this Section 10.1Area, the “Total Number of Parking Privileges”). If Tenant fails to provide such written notice to Landlord on or before the Commencement Date, then the Total Number of Parking Privileges shall be deemed to be forty nine (49) (i.e., one (1) for every three thousand (3,000) nor less than 1.13 per 1,000 square feet of Rentable Floor Area in Area. In the Premises as of the Commencement Date. If the Total Number of Parking Privileges is fewer than forty nine (49), then Tenant shall be deemed to have waived its right to the additional parking privileges (subject to adjustment of the Total Number of Parking Privileges, as provided below). If event that the Rentable Floor Area of the Premises increases or decreases at any time during the Lease Term, then, unless otherwise agreed in writing by Landlord and Tenant, the number of unreserved parking stalls privileges provided to Tenant hereunder shall be reduced proportionately. In any event that Tenant is not using the maximum parking privileges to which Tenant it is entitled under this Lease hereunder, its right to increase shall be increased or reduced, as applicable, proportionately therewith, unless the Rentable Floor Area of the Premises increases as the result of Tenant’s exercise of the Right of First Offer, in which case Tenant’s additional parking privileges, if any, shall be determined in accordance with Section 3.4. On an annual basis, Tenant may increase or decrease the Total Number of Parking Privileges by up to ten (10) spaces per year, but Tenant may never increase the Total Number of Parking Privileges to more than one (1) space for every three thousand (3,000) square feet of Rentable Area on the Premises. To increase or decrease the Total Number of Parking Privileges, Tenant shall give written notice to Landlord on or before October 1 of the immediately preceding calendar year, and any such adjustment shall be effective as of January 1 of the immediately following calendar year and shall remain in effect for the entirety of such calendar year. If Tenant does not provide written notice of any adjustment subject to the Total Number then availability of Parking Privileges by October 1 additional spaces in any year, then there shall not be any adjustment to the Total Number of Parking Privileges for the following calendar yearGarages in Landlord’s determination.

Parking Privileges. Parking privileges Reference is made to the fact that affiliates of Landlord have constructed three (3) parking garages (hereinafter the “Garage” or the “Garages”) within the Development Area shown on Exhibit F to serve the Building and other buildings constructed or to be constructed by Landlord or affiliates of Landlord within the Development Area. The existing Garage, with vehicular entrances from the south side of Broadway and the east side of Xxxx Street, is also sometimes hereinafter referred to as the “East Garage.” The existing Garage, located on Parcel 2 of the Development Area with vehicular entrances from the north side of Broadway and the south side of Binney Street is also sometimes hereinafter referred to as the “North Garage.” The existing Garage located on Parcel 3 of the Development Area with vehicular entrances from the west side of Xxxx Street and the east side of Xxxxxxx Xxxxxxx Way, is also sometimes hereinafter referred to as the “West Garage”. Landlord shall be made available provide to Tenant monthly parking privileges in the East Garage by Garden Parking Corporation, a Delaware corporation, or an affiliate thereof (together with its successor and assigns, the “Garage Owner”) in number not to exceed parking for one and one half (11 1 /2) passenger automobile automobiles for every three thousand (3,000) each 1,000 square feet of Rentable Floor Area in of the Premises (as it is contemplated to increase or decrease pursuant to Article XVII) for the parking of motor vehicles in unreserved stalls in the Garage by Tenant’s employees commencing on the Commencement Date of the Lease Term. On or before The parking privileges may be shifted from time to time to the Commencement Date, Tenant West Garage by notice from Landlord; provided however that parking shall provide written notice to Landlord stating be provided in the East Garage for no less than eighty percent (80%) of the total number of automobiles for which Tenant elects to have parking privileges pursuant to this Section 10.1. For the avoidance of ambiguity, notwithstanding any provision hereof to the contrary, the parties agree that in no event shall the Tenant’s parking privileges be shifted to the North Garage without the express written consent of Tenant, in its sole discretion. Tenant initially shall have parking privileges for 110 automobiles, which figure shall be increased as each Premises Component is incorporated into the Premises by the amount specified by Tenant within thirty (30) days of the Commencement Date with respect to such Premises Component. Tenant shall, not less than six (6) months prior to the incorporation of each additional Premises Component into the Premises, give Landlord notice with regard to the number of additional automobiles for which Tenant desires parking privileges, not exceeding Tenant’s entitlement pursuant to this Lease, commencing upon the Commencement Date for such Premises Component. Tenant shall also have the right to adjust the number of automobiles for which it has parking privileges on an annual basis with six (6) months’ prior notice to Landlord, provided that in no event shall parking privileges exceed one (1) for every three thousand (3,000) more than 1 1/2 parking spaces per 1,000 square feet of Rentable Floor Area in the Premises) that Tenant elects to use (as it may be adjusted pursuant to this Section 10.1Area, the “Total Number of Parking Privileges”). If Tenant fails to provide such written notice to Landlord on or before the Commencement Date, then the Total Number of Parking Privileges shall be deemed to be forty nine (49) (i.e., one (1) for every three thousand (3,000) nor less than 1.13 per 1,000 square feet of Rentable Floor Area in Area. In the Premises as of the Commencement Date. If the Total Number of Parking Privileges is fewer than forty nine (49), then Tenant shall be deemed to have waived its right to the additional parking privileges (subject to adjustment of the Total Number of Parking Privileges, as provided below). If event that the Rentable Floor Area of the Premises increases or decreases at any time during the Lease Term, then, unless otherwise agreed in writing by Landlord and Tenant, the number of unreserved parking stalls privileges provided to Tenant hereunder shall be reduced proportionately. In any event that Tenant is not using the maximum parking privileges to which Tenant it is entitled under this Lease hereunder, its right to increase shall be increased or reduced, as applicable, proportionately therewith, unless the Rentable Floor Area of the Premises increases as the result of Tenant’s exercise of the Right of First Offer, in which case Tenant’s additional parking privileges, if any, shall be determined in accordance with Section 3.4. On an annual basis, Tenant may increase or decrease the Total Number of Parking Privileges by up to ten (10) spaces per year, but Tenant may never increase the Total Number of Parking Privileges to more than one (1) space for every three thousand (3,000) square feet of Rentable Area on the Premises. To increase or decrease the Total Number of Parking Privileges, Tenant shall give written notice to Landlord on or before October 1 of the immediately preceding calendar year, and any such adjustment shall be effective as of January 1 of the immediately following calendar year and shall remain in effect for the entirety of such calendar year. If Tenant does not provide written notice of any adjustment subject to the Total Number then availability of Parking Privileges by October 1 additional spaces in any year, then there shall not be any adjustment to the Total Number of Parking Privileges for the following calendar yearGarages in Landlord’s determination.

Parking Privileges. Parking privileges Commencing on the Commencement Date and continuing throughout the Term, Landlord shall be made available provide to Tenant monthly parking privileges in the Garage by Garden Parking Corporation, a Delaware corporation, or an affiliate thereof underneath the Building (together with its successor and assigns, the “Garage OwnerGarage”) for ), based upon a ratio of one (1) passenger automobile parking pass for every three thousand (3,000) each 1,000 rentable square feet of Rentable Floor Area in the Premises Premises, for the parking of motor passenger vehicles in unreserved (except as set forth herein) stalls in the Garage by Tenant’s employees commencing on and employees of permitted assignees and subtenants in the Commencement Date Building, at 000 Xxxxxxxx, 00 Xxxxxxxx xx Xxxxxxxxx, Xxxxxxxxxxxxx and any other building owned by Landlord or its affiliates in the Xxxxxxx Square area of Cambridge, Massachusetts (“Eligible Holders”). In connection with the foregoing, it is understood and agreed that Landlord and/or Landlord’s affiliates shall have the right to relocate the parking privileges granted to Tenant under other leases in the Development Area to the Garage, so long as the Parking Experience Standard (as hereinafter defined) is maintained both before and after such relocation. The parking experience of Eligible Holders shall be reasonably consistent with the parking experience then being provided in other garages in the Development Area (the “Parking Experience Standard”). Without limitation, the Parking Experience Standard shall ensure that Eligible Holders will not be subject to unreasonable wait times to drop off or pick up their vehicle, if applicable, or to enter or exit the Garage. Notwithstanding the foregoing or anything herein to the contrary, Xxxxxx’s parking privileges and the Parking Experience Standard shall be subject to all conditions and controls imposed by the Parking and Transportation Demand Management Plan of the TermCity of Cambridge (the “PTDM Plan”). On or before Upon issuance of the Commencement DatePTDM Plan, Landlord shall deliver a copy of the same to Tenant. Landlord shall comply with the conditions and controls of the PTDM Plan, and compliance with the PTDM Plan shall in no way constitute a failure of Landlord to satisfy its obligations under this Article X. Tenant shall provide written notice comply with the conditions and controls of the PTDM Plan applicable to Landlord stating parking users of the total number Garage. Subject to the provisions of parking privileges (not to exceed one (1) for every three thousand (3,000) square feet of Rentable Floor Area in the Premises) that Tenant elects to use (as it may be adjusted pursuant to this Section 10.1, and except to the extent required to comply with any applicable laws, Tenant shall have exclusive use of all parking privileges in the Garage as long as (i) Tenant leases all of the Office Portion of the Building (and any portions of the Premises subject to one or more subleases consented to by Landlord or permitted without Landlord’s consent under Article XII below shall still be considered to be leased by Tenant), and (ii) Landlord has provided to Eligible Holders pursuant to this Lease or other leases in the Development Area between Tenant and one or more affiliates of Landlord a total of at least six hundred (600) parking privileges (or such lesser number as may be permitted by the PTDM Plan and/or Legal Requirements) (as so determined, the “Total Number of 600 Parking Privileges”). If In the event that Landlord or an affiliate of Landlord has not issued to Tenant fails to provide such written notice to Landlord on or before passes for the Commencement Date, then the Total Number of Parking Privileges shall be deemed to be forty nine (49) (i.e., one (1) for every three thousand (3,000) square feet of Rentable Floor Area in the Premises as of the Commencement Date. If the Total Number of Parking Privileges is fewer than forty nine (49), then Tenant shall be deemed to have waived its right to the additional parking privileges (subject to adjustment of the Total Number of 600 Parking Privileges, as and provided belowthe Parking Experience is and shall be maintained, Landlord shall have the right to provide parking privileges in the Garage to other parties (the “Non-Tenant Parking Privileges”). If Tenant may convert up to fifteen (15) of its unreserved parking passes to passes for reserved parking spaces in the Garage (the “Reserved Garage Passes”) for certain of its employees or for other uses as set forth in this Article X. Landlord will use reasonable efforts, by the use of signs and markings, to designate such reserved spaces, but shall not be otherwise obligated to police the use of such reserved spaces, which Tenant recognizes is to be operated on a self-parking basis. In the event that the Rentable Floor Area of the Premises decreases or increases or decreases at any time after the Commencement Date and during the Lease Term, then, unless otherwise agreed in writing by Landlord and Tenant, the number of unreserved parking stalls to which Tenant is entitled under this Lease privileges shall be reduced or increased or reduced, as applicable, proportionately therewith, unless the Rentable Floor Area at a ratio of the Premises increases as the result of Tenant’s exercise of the Right of First Offer, in which case Tenant’s additional parking privileges, if any, shall be determined in accordance with Section 3.4. On an annual basis, Tenant may increase or decrease the Total Number of Parking Privileges by up to ten (10) spaces per year, but Tenant may never increase the Total Number of Parking Privileges to more than one (1) space for every three thousand (3,000) parking pass per 1,000 square feet of Rentable Area on rentable floor area and the Premises. To increase or decrease the Total Number number of Parking Privileges, Reserved Garage Passes provided to Tenant shall give written notice to Landlord on be reduced or before October 1 increased based upon the proportion of the immediately preceding calendar yearnumber of Reserved Garage Passes to the number of all required parking passes. Tenant may also request additional parking passes from Landlord from time to time, and any if Landlord determines in good faith that additional parking passes are available, then Landlord shall provide such adjustment number of additional parking passes, up to the number requested by Tenant (“Additional Parking Passes”). The Additional Parking Passes shall be effective as on a month-to-month basis, with either party having the right to cancel some or all of January 1 such Additional Parking Passes on not less than thirty (30) days’ notice, and shall otherwise be on all of the immediately following calendar year terms and shall remain in effect for the entirety conditions of such calendar year. If Tenant does not provide written notice of any adjustment to the Total Number of Parking Privileges by October 1 in any year, then there shall not be any adjustment to the Total Number of Parking Privileges for the following calendar yearunreserved parking passes hereunder.

Parking Privileges. Parking privileges (A) Reference is made to the fact that affiliates of ------------------ Landlord have constructed a parking garage and propose to construct one or more additional parking garages (hereinafter the "Garage", or the "Garages" if there be more than one) within the Development Area shown on Exhibit F to serve the Building and other buildings constructed or to be constructed by Landlord or affiliates of Landlord within the Development Area. The existing Garage, with vehicular entrances from the south side of Broadway and the east side of Xxxx Street, is also sometimes hereinafter referred to as the "East Garage." Landlord shall be made available provide to Tenant monthly parking privileges in one or more of the Garage by Garden Parking Corporation, a Delaware corporation, or an affiliate thereof Garages in number not to exceed parking for two (together with its successor and assigns, the “Garage Owner”) for one (12) passenger automobile automobiles for every three thousand (3,000) each 1,000 square feet of Rentable Floor Area in of the Initial Premises for the parking of motor vehicles in unreserved stalls in one or more of the Garage Garages by Tenant’s 's employees commencing on the Commencement Date of the Lease Term. Such parking privileges may be shifted from time to time among the Garages by notice from Landlord; provided however that parking shall be provided in the East Garage for no less than one-half (1/2) of the total number of automobiles for which Tenant elects to have parking privileges pursuant to this Section 10.1; and provided further, that Tenant shall have the right, as part of such parking rights, to ten (10) reserved parking spaces, designated by Landlord, four (4) to be in the East Garage and six (6) to be in the underground parking area under the Building (herein sometimes called the "Reserved Spaces"). Landlord shall not grant to anyone other than Tenant the right to use any of such Reserved Spaces and will use reasonable efforts, by the use of signs and markings, to designate such spaces as spaces to be used exclusively by Tenant. However, Landlord shall not be obligated otherwise to police the use of the Reserved Spaces which Tenant recognizes are to be contained in an area to be operated on a self parking basis. (B) On or before the Commencement DateSeptember 1, 1988, Tenant shall provide written give notice to Landlord stating ("Tenant's Parking Notice") of the total number of parking privileges (not to exceed one (1spaces which Tenant desires be made available in the Garage(s) for every three thousand (3,000) square feet the use in accordance with the provisions of Rentable Floor Area in the Premises) that Tenant elects to use (as it may be adjusted pursuant to this Section 10.110.1 and at any time and from time to time (but not more often than once per month) prior to April 1, the “Total Number of Parking Privileges”). If 1990 Tenant fails to provide such written may, by notice to Landlord on or before the Commencement Date, then the Total Number of Parking Privileges shall be deemed to be forty nine (49) (i.e., one (1) for every three thousand (3,000) square feet of Rentable Floor Area in the Premises as of the Commencement Date. If the Total Number of Parking Privileges is fewer than forty nine (49), then Tenant shall be deemed to have waived its right to the additional parking privileges (subject to adjustment of the Total Number of Parking Privileges, as provided below). If the Rentable Floor Area of the Premises increases or decreases at any time during the Lease Term, then, unless otherwise agreed in writing by Landlord and Tenant, the number of unreserved parking stalls to which Tenant is entitled under this Lease shall be increased or reduced, as applicable, proportionately therewith, unless the Rentable Floor Area of the Premises increases as the result of Tenant’s exercise of the Right of First Offer, in which case Tenant’s additional parking privileges, if any, shall be determined in accordance with Section 3.4. On an annual basis, Tenant may increase or decrease the Total Number number of Parking Privileges by up to ten (10) parking spaces per year, initially elected as aforesaid but any such increase shall not result in Tenant may never increase the Total Number of Parking Privileges to electing more than one the total number of parking spaces provided for in the preceding paragraph and provided further that Landlord shall have until the last to occur of (1i) thirty (30) days after its receipt of Tenant's notice increasing the number of parking spaces and (ii) the Commencement Date to provide such increased number of parking spaces. Further, if Tenant shall elect to expand its space for every three thousand (3,000) square feet of Rentable Area on the Premises. To increase or decrease the Total Number of Parking Privilegesunder lease pursuant to its rights under Section 2.3, Tenant shall give written notice have the rights to Landlord on or before October 1 of the immediately preceding calendar year, and any such adjustment shall be effective elect additional parking as of January 1 of the immediately following calendar year and shall remain provided in effect for the entirety of such calendar year. If Tenant does not provide written notice of any adjustment Section 2.3 subject to the Total Number notice requirements of Parking Privileges by October 1 in any year, then there shall not be any adjustment to the Total Number of Parking Privileges for the following calendar yearSection 2.3.