Parking Rights. Tenant shall have the right during the term of this Lease to lease, on a non-exclusive basis, the number of parking spaces specified in Section 1.09, all of which shall be located in the subterranean garage adjacent to the Building. Additional parking spaces may be leased by Tenant on a monthly basis (terminable by Landlord or Tenant on thirty (30) days’ prior written notice) to the extent not leased by others. The rental rate for any parking space lease by Tenant shall be One Hundred Fifty Dollars ($150.00) per month per parking space during the first year of the Initial Term of this Lease. Thereafter, the monthly rental rate for each parking space leased by Tenant shall be the then-current monthly rental rate charged to other tenants in the Building, but in no event shall the monthly rental rate exceed Two Hundred Dollars ($200.00) at any time during the Initial Term of this Lease. If Tenant exercises Option A to extend the term of this Lease, then the monthly rental rate for each parking space leased by Tenant at any time during the Option Term shall not exceed Two Hundred Dollars ($200.00). If Tenant exercises Option B to extend the term of the Lease, the monthly rental rate for each parking space leased by Tenant shall be the then-current rate charged to other tenants in the Building from time to time during the Option Term. The use of Tenant’s parking spaces shall be for the parking of motor vehicles used by Tenant, its officers and employees only. The parking rental payable by Tenant hereunder shall include all taxes imposed on the use of the parking spaces by any governmental or quasi-governmental authority. Parking rental shall be due and payable in advance, as additional rent, on the first day of each month during which parking spaces are leased hereunder. Parking spaces may not be assigned or transferred separate and apart from this Lease, and upon the expiration or earlier termination of this Lease, Tenant’s rights with respect to all leased parking spaces shall immediately terminate. Tenant and its officers and employees shall not unreasonably interfere with the rights of Landlord or others entitled to use the garage. Access to the garage will generally be available on a twenty-four (24) hour basis, with in and out privileges. The use of the garage by Tenant, its officer and employees shall be subject to all applicable laws and the garage shall be subject to the reasonable control and management of Landlord who may from time to time establish, modify, and enforce reasonable, uniform and nondiscriminatory rules and regulation with respect thereto. Landlord reserves the right to change, reconfigure, or rearrange the parking areas, to reconstruct or repair any portion thereof, and to restrict the use of any parking areas without such actions being deemed an eviction of Tenant or a disturbance of Tenant’s use of the Premises and without Landlord’s being deemed in default hereunder; provided that Landlord shall use commercially reasonable efforts to minimize (to the extent consistent with applicable laws) the extent and duration of any resulting interference with Tenant’s parking rights. In the event that such activities unreasonably interfere with Tenant’s use of the garage and parking rights, rent for the parking spaces leased by Tenant shall be abated to the extent of such interference. Landlord may, in its sole discretion, convert the garage to a reserved and/or controlled parking facility, or operate the garage (or a portion thereof) as an attendant assisted and/or valet parking facility. Landlord reserves the right at any time to designate areas for Tenant’s leased parking in a location mutually acceptable to Landlord and Tenant and otherwise in a reasonable manner, and Tenant shall thereafter be responsible for insuring that its officers and employees park in the designated areas.
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Parking Rights. Provided that Tenant or any Permitted Transferee or assignee of Tenant approved by Landlord is leasing the entire Leased Premises and is not in Default under this Lease, Tenant shall have the right to use a total of seven hundred (700) parking spaces which shall include (a) the exclusive right during Business Hours (and the term of this Lease to lease, on a non-exclusive basisright after Business Hours) to all of the parking spaces in the four level subterranean parking area under the Building (the “Parking Garage”) (which shall consist of approximately six hundred sixty-six (666) Spaces), and (b) the non-exclusive right to use approximately thirty four (34) spaces in the Lot 7 Parking Garage. If Tenant or any Permitted Transferee or assignee of Tenant approved by Landlord no longer leases the entire Leased Premises originally leased hereunder, then the number of parking spaces specified in Section 1.09, all allocated to Tenant shall be proportionately reduced based on a fraction the numerator of which shall be located in is the subterranean garage adjacent to the Building. Additional parking spaces may be Floor Area then leased by Tenant on a monthly basis (terminable by Landlord or and the denominator of which is the Floor Area of the entire Building. Any reduction in the number of parking spaces allocated to Tenant on thirty (30) days’ prior written notice) to hereunder pursuant the extent not leased by others. The rental rate for any parking space lease by Tenant foregoing shall be One Hundred Fifty Dollars ($150.00) per month per parking space during proportionately reduced from the first year of Parking Garage and the Initial Term of this Lease. Thereafter, the monthly rental rate for each parking space leased by Tenant shall be the then-current monthly rental rate charged to other tenants in the Building, but in no event shall the monthly rental rate exceed Two Hundred Dollars ($200.00) at any time during the Initial Term of this Lease. If Tenant exercises Option A to extend the term of this Lease, then the monthly rental rate for each parking space leased by Tenant at any time during the Option Term shall not exceed Two Hundred Dollars ($200.00). If Tenant exercises Option B to extend the term of the Lease, the monthly rental rate for each parking space leased by Tenant shall be the then-current rate charged to other tenants in the Building from time to time during the Option TermLot 7 Parking Garage. The use of the foregoing spaces shall be at no additional charge to Tenant’s . Such parking spaces shall be used solely for the parking of motor passenger vehicles used by Tenant, its officers and employees only. The parking rental payable by Tenant and its employees, business invitees, and permitted sublessees and assignees hereunder shall include all taxes imposed on the use of the parking spaces by any governmental or quasi-governmental authority. Parking rental shall be due and payable in advance, as additional rent, on the first day of each month during which parking spaces are leased hereunderonly. Parking spaces may not be assigned or transferred separate and apart from this Lease, or any sublease or license hereunder, and upon the expiration or earlier termination of this Lease, Tenant’s rights with respect to all leased parking spaces shall immediately terminate. Outside of Building Hours, the parking spaces in the Parking Garage shall be available for use, on a non-exclusive, first come/first served basis, by Landlord, Tenant and the customers, patrons, guests and invitees of the Commercial Portion of the Project, but free of charge to Tenant. Tenant further acknowledges and agrees that the thirty four (34) parking spaces in the Lot 7 Parking Garage shall be non-exclusive and first come/first use at all times during the day; provided, however, that nothing contained herein shall prevent Landlord from granting any tenant or occupant of the Project the exclusive right to any spaces within the Lot 7 Parking Garage so long as if such exclusive rights are granted, Tenant will also be granted similar rights on a “most favored nation” status to the exclusive rights granted to such other party, for Tenant’s thirty four (34) spaces. Tenant expressly acknowledges and agrees that the designation of any parking spaces within the Lot 7 Parking Garage as “short term parking” or the equivalent shall not constitute the granting of any exclusive parking rights for purposes of Tenant’s right to exclusive parking. Further, throughout the Term, Tenant and its officers employees, business invitees, and employees permitted sublessees and assignee shall not unreasonably interfere with have the rights of Landlord or others entitled non-exclusive right to use all other parking areas in the garage. Access to the garage will generally be available Project on a twentynon-four (24) hour basisexclusive, with in and out privileges. The first come/first use of the garage by Tenant, its officer and employees shall be basis subject to all applicable laws and the garage shall be subject to the reasonable control and management of Landlord who may from time to time establish, modify, and enforce reasonable, uniform and nondiscriminatory rules and regulation with respect thereto. Landlord reserves the right to change, reconfigure, or rearrange the parking areas, to reconstruct or repair any portion thereof, and to restrict the use payment of any applicable parking areas without such actions being deemed an eviction of Tenant or a disturbance of Tenant’s use of the Premises and without Landlord’s being deemed in default hereunder; provided that Landlord shall use commercially reasonable efforts to minimize (to the extent consistent with applicable laws) the extent and duration of any resulting interference with Tenant’s parking rights. In the event that such activities unreasonably interfere with Tenant’s use of the garage and parking rights, rent for the parking spaces leased by Tenant shall be abated to the extent of such interference. Landlord may, in its sole discretion, convert the garage to a reserved and/or controlled parking facility, or operate the garage (or a portion thereof) as an attendant assisted and/or valet parking facility. Landlord reserves the right at any time to designate areas for Tenant’s leased parking in a location mutually acceptable to Landlord and Tenant and otherwise in a reasonable manner, and Tenant shall thereafter be responsible for insuring that its officers and employees park in the designated areascharges.
Appears in 1 contract
Samples: Office Lease Agreement (Splunk Inc)
Parking Rights. 20.1 Tenant shall have the right during in common with other tenants to have the term use for its employees and invitees of this Lease to lease, on a non-exclusive basis, the number of 110 unreserved parking spaces specified in Section 1.09, all the common parking facilities (exclusive of “handicapped” stalls which shall be located in the subterranean garage adjacent open for all those legally permitted to the Building. Additional parking spaces may be leased by Tenant on a monthly basis (terminable by Landlord or Tenant on thirty (30use same) days’ prior written notice) to the extent not leased by others. The rental rate for any parking space lease by Tenant shall be One Hundred Fifty Dollars ($150.00) per month per parking space during the first year of the Initial Term of this Lease. Thereafter, the monthly rental rate for each parking space leased by Tenant shall be the then-current monthly rental rate charged to other tenants in at the Building, but such unreserved spaces to be used in no event shall common with the monthly rental rate exceed Two Hundred Dollars ($200.00) at any time during the Initial Term of this Lease. If Tenant exercises Option A to extend the term of this Lease, then the monthly rental rate for each parking space leased by Tenant at any time during the Option Term shall not exceed Two Hundred Dollars ($200.00). If Tenant exercises Option B to extend the term of the Lease, the monthly rental rate for each parking space leased by Tenant shall be the then-current rate charged to other tenants in the Building from time to time during and 10 reserved parking spaces. At least 41 of the Option Term. The use of Tenant’s parking 110 unreserved spaces shall be for in the parking of motor vehicles used by Tenant, its officers and employees onlypaved truck court area as depicted on Exhibit G attached hereto. The parking rental payable by Tenant hereunder shall include all taxes imposed on the use not utilize more than 69 of the unreserved spaces in the main building parking spaces by any governmental or quasi-governmental authority. Parking rental shall be due and payable in advance, as additional rent, on area (other than the first day of each month during which parking spaces are leased hereunder. Parking spaces may not be assigned or transferred separate and apart from this Lease, and upon the expiration or earlier termination of this Lease, Tenant’s rights with respect to all leased parking spaces shall immediately terminate. Tenant and its officers and employees shall not unreasonably interfere with the rights of Landlord or others entitled to use the garage. Access to the garage will generally be available on a twenty-four (24) hour basis, with in and out privileges. The use of the garage by Tenant, its officer and employees shall be subject to all applicable laws and the garage shall be subject to the reasonable control and management of Landlord who may from time to time establish, modify, and enforce reasonable, uniform and nondiscriminatory rules and regulation with respect theretotruck court area). Landlord reserves the right to changedesignate areas of the appurtenant common parking facilities where Tenant, reconfigureits agents, employees and invitees shall park and may exclude Tenant, its agents, employees and invitees from parking in other areas as designated by Landlord; provided, however, Landlord shall not be liable to Tenant for the failure of any tenant, its invitees, employees, agents and customers to abide by Landlord’s designations or rearrange restrictions. Landlord shall have the right to designate and Tenant shall thereupon have the right to use 110 designated unreserved parking areasspaces as the exclusive parking spaces to be used by Tenant, its agents and employees. Except as expressly provided herein, Landlord’s designations shall be equitable as between tenants. Tenant, its agents, employees and invitees shall not use more (in absolute numbers) of the common parking facilities at the Building than Tenant could use if Landlord made the designations permitted herein. Notwithstanding anything contained in this Lease to reconstruct or repair any portion thereofthe contrary, all costs and expenses of such special parking control, signs in connection therewith, and to restrict the use costs of any parking areas without such actions being deemed an eviction enforcement shall be a part of Tenant or a disturbance of Tenant’s use of the Premises and without Landlord’s being deemed in default hereunder; provided that Landlord shall use commercially reasonable efforts to minimize (to the extent consistent with applicable laws) the extent and duration of any resulting interference with Tenant’s parking rightsOperating Expenses. In the event that such activities unreasonably interfere with Tenant’s use of the garage and parking rights, rent for the parking spaces leased by Tenant shall be abated to the extent of such interference. Landlord may, pay all reasonable costs and expenses in its sole discretion, convert the garage to a reserved and/or controlled parking facility, connection with signs or operate the garage (or a portion thereof) as an attendant assisted and/or valet parking facility. Landlord reserves the right at any time to designate areas traffic control devices for Tenant’s leased exclusively designated parking area, if any. Tenant’s 10 reserved parking spaces shall be located as shown on Exhibit G attached hereto. No overnight parking shall be allowed. Notwithstanding the above, Landlord shall have the right to designate up to 15 stalls for the exclusive use of other tenants in a location mutually acceptable reasonably close proximity to Landlord and Tenant and otherwise in a reasonable manner, and Tenant shall thereafter be responsible for insuring that its officers and employees park in the designated areaspremises of such other tenants.
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Samples: Warehouse Lease Agreement (Insignia Systems Inc/Mn)
Parking Rights. Tenant The Building Owner shall be entitled to the Allocated Parking Spaces within the Exclusive Use Area subject to substantially similar provisions as set forth in Article 29 of the Lease with respect to: the Building Owners rights and obligations with respect to Parking Equipment; the applicable Other Owner’s right to relocate the Exclusive Use Area, the Building Owner’s obligations to pay for such use and for electricity associated with vehicle charging facilities, the Building Owner’s rights to reduce the size of the Exclusive Use Area and the number of the Allocated Parking Spaces; and management of the Parking Facility. No-Build Areas: The Building Owner and the Other Owners shall grant no-build easements in such areas on which structures are not already built or which may be necessary to ensure that the existing structures continue to comply with the building code notwithstanding the new property line. Pedestrian Bridge: In the event that the Pedestrian Bridge is not removed as part of the Subdivision, ownership and maintenance of the Pedestrian bridge shall be addressed and easements granted as may be appropriate and approved by both Parties Bridge/Tunnel Agreements: So long as the terms of the Bridge/Tunnel Agreements remain an Encumbrance on the Building Parcel or by their terms may affect the Building Parcel: • The Other Owners shall comply with all terms and conditions of such Bridge/Tunnel Agreements applicable to any portion of the Project and relating to the bridge referenced thereunder and shall indemnify the Building Owner for all liability, cost, expense and other claims related to the bridge thereunder. • All Project Owners shall cooperate to terminate the Bridge/Tunnel Agreements with respect to the tunnel and release the Building Parcel of any obligations or liability under the Bridge/Tunnel Agreements (the “Building Release”). • The Building Owner shall comply with all terms and conditions of such Bridge/Tunnel Agreements applicable to any portion of the Project and relating to the tunnel referenced thereunder and shall indemnify the Other Owner for all liability, cost, expense and other claims related to the tunnel thereunder. Access to Roof Garden: The Building Owner shall have the non-exclusive right to use the Roof Garden. The Building Owner will acknowledge that the Roof Garden shall not be used solely by the Building Owner and the Building Owner’s employees and guests, and Other Owners and their employees and guests, but shall also be open to the public, subject to Recorded Documents. The Building Owner shall be required to use the Roof Garden in a manner consistent with its intended uses. The applicable Other Owner will reserve the right to deny or restrict access to the Roof Garden from time to time as the applicable Other Owner determines is reasonably necessary or desirable in connection with the repair, replacement, alteration, improvement, or redevelopment of the Project, including the Renovations. The Building Owner shall agree not to (a) cause or maintain, or permit its employees or guests to cause or maintain, any nuisance in, on, or about the Roof Garden, (b) create any safety hazard, or (c) permit music, noises, odors, lights, or other installations or activities that would unreasonably annoy or interfere with any other tenants of the Project or their employees or guests. The Building Owner shall comply with, and cause its employees and guests to comply with, all rules and regulations adopted by the applicable Other Owner regarding the use of the Roof Garden from time to time.The Building Owner shall agree to reimburse the applicable Other Owner for Roof Garden Expenses, its Pro-rata Share of Roof Garden Expenses subject terms and conditions substantially similar to those set forth in the Lease applicable to the calculation and payment of such expenses; provided that for purposes of this REA Pro-rata Share shall be established at signing of the REA based on the rentable square footage of the Building compared to the total projected rentable square footage of the Project as contemplated by the then current development plans, as reasonably agreed between TMG and PG&E.The definitive Easement shall include provisions allowing exclusive use of the Roof Garden by the Other Owners from time to time for specific events. Utility Easements: The Project Owners shall grant to each other utility easements as reasonably necessary to ensure normal utility service to the property of both parties, in locations to be reasonably approved. In addition the parties shall have the right during the term of this Lease to lease, on a non-exclusive basis, the number of parking spaces specified in Section 1.09, all of which shall be located in the subterranean garage adjacent to the Building. Additional parking spaces may be leased by Tenant on a monthly basis (terminable by Landlord request additional easements for future utilities provided that such future easements do not impose additional costs or Tenant on thirty (30) days’ prior written notice) to the extent not leased by others. The rental rate for any parking space lease by Tenant shall be One Hundred Fifty Dollars ($150.00) per month per parking space during the first year of the Initial Term of this Lease. Thereafter, the monthly rental rate for each parking space leased by Tenant shall be the then-current monthly rental rate charged to other tenants in the Building, but in no event shall the monthly rental rate exceed Two Hundred Dollars ($200.00) at any time during the Initial Term of this Lease. If Tenant exercises Option A to extend the term of this Lease, then the monthly rental rate for each parking space leased by Tenant at any time during the Option Term shall not exceed Two Hundred Dollars ($200.00). If Tenant exercises Option B to extend the term of the Lease, the monthly rental rate for each parking space leased by Tenant shall be the then-current rate charged to other tenants in the Building from time to time during the Option Term. The use of Tenant’s parking spaces shall be for the parking of motor vehicles used by Tenant, its officers and employees only. The parking rental payable by Tenant hereunder shall include all taxes imposed on the impair use of the parking spaces by any governmental or quasi-governmental authority. Parking rental shall be due and payable in advance, as additional rent, on the first day of each month during which parking spaces are leased hereunder. Parking spaces may not be assigned or transferred separate and apart from this Lease, and upon the expiration or earlier termination of this Lease, Tenant’s rights with respect to all leased parking spaces shall immediately terminate. Tenant and its officers and employees shall not unreasonably interfere with the rights of Landlord or others entitled to use the garage. Access to the garage will generally be available on a twenty-four (24) hour basis, with in and out privileges. The use of the garage by Tenant, its officer and employees shall be subject to all applicable laws and the garage shall be subject to the reasonable control and management of Landlord who may from time to time establish, modify, and enforce reasonable, uniform and nondiscriminatory rules and regulation with respect thereto. Landlord reserves the right to change, reconfigure, or rearrange the parking areas, to reconstruct or repair any portion thereof, and to restrict the use of any parking areas without such actions being deemed an eviction of Tenant or a disturbance of Tenant’s use of the Premises and without Landlord’s being deemed in default hereunder; provided that Landlord shall use commercially reasonable efforts to minimize (to the extent consistent with applicable laws) the extent and duration of any resulting interference with Tenant’s parking rights. In the event that such activities unreasonably interfere with Tenant’s use of the garage and parking rights, rent for the parking spaces leased by Tenant shall be abated to the extent of such interference. Landlord may, in its sole discretion, convert the garage to a reserved and/or controlled parking facility, or operate the garage (or a portion thereof) as an attendant assisted and/or valet parking facility. Landlord reserves the right at any time to designate areas for Tenant’s leased parking in a location mutually acceptable to Landlord and Tenant and otherwise in a reasonable manner, and Tenant shall thereafter be responsible for insuring that its officers and employees park in the designated areasexisting property.
Appears in 1 contract
Parking Rights. In addition to Tenant's parking rights set forth in the Lease, from and after the Third Expansion Premises Commencement Date, Landlord shall require that the garage operator offer to Tenant three (3) monthly parking contracts for every 1,000 square feet of rentable area of the Third Expansion Premises to park an automobile (collectively, the “Third Expansion Premises Parking Rights”) in the Garage (as defined in the Original Lease) adjacent to the Building. The Third Expansion Premises Parking Rights shall (i) be unassigned, and (ii) be on a self-park or attendant parking basis (or a combination thereof), as determined by the garage operator. In addition to Tenant's Third Expansion Premises Parking Rights, as of the Third Expansion Premises Commencement Date, Tenant shall have the right during to contract for five (5) additional reserved spaces. Three (3) of the term of this Lease to lease, on a non-exclusive basis, the number of parking reserved spaces specified in Section 1.09, all of which shall be located in a mutually agreeable area of the subterranean Garage (the “Reserved Garage Spaces”), and the other two (2) shall be located on the surface lot in front of the Building (the “Reserved Lot Spaces”) in the location shown by two red boxes on Exhibit C attached hereto and incorporated herein. Despite the foregoing, (i) Landlord shall have the right, from time to time, upon prior written notice to Tenant to relocate the Reserved Lot Spaces to another location in the surface lot, but no more than once per calendar year (or more frequently if such relocation is necessary due to emergency repairs or life safety work). If Tenant does not contract for the maximum number of Third Expansion Premises Parking Rights so allocated to it by the end of the Abatement Period, then Landlord (or Landlord's garage adjacent operator) shall have the right to use such unused Third Expansion Premises Parking Rights subject to the Buildingfollowing sentence. If Tenant later elects to use all or any portion of the unused allocation of the Third Expansion Premises Parking Rights, Tenant shall notify Landlord in writing thereof and Landlord shall, within sixty (60) days after receipt of Tenant's notice, ensure that the entire unreserved allocation (or portion thereof that Tenant is electing to use) is again available to Tenant. For purposes of Section 28.I. of the Original Lease, “Tenant's Parking Share” shall include the Third Expansion Premises Parking Rights. Subject to availability, Tenant shall have the right to contract for additional parking (the “Additional parking spaces may be leased by Tenant Parking”) on a monthly basis (terminable month to month basis, which Additional Parking shall be subject to cancellation by Landlord or Tenant on thirty upon forty-five (3045) days’ ' prior written notice) notice to the extent not leased by others. The rental rate for any parking space lease by Tenant shall be One Hundred Fifty Dollars ($150.00) per month per parking space during the first year of the Initial Term of this Lease. Thereafter, the monthly rental rate for each parking space leased by Tenant shall be the then-current monthly rental rate charged to other tenants in the Building, but in no event shall the monthly rental rate exceed Two Hundred Dollars ($200.00) at any time during the Initial Term of this Lease. If Tenant exercises Option A to extend the term of this Lease, then the monthly rental rate for each parking space leased by Tenant at any time during the Option Term shall not exceed Two Hundred Dollars ($200.00). If Tenant exercises Option B to extend the term of the Lease, the monthly rental rate for each parking space leased by Tenant shall be the then-current rate charged to other tenants in the Building from time to time during the Option Term. The use of Tenant’s parking spaces shall be for the parking of motor vehicles used by Tenant, its officers and employees only. The parking rental payable by Tenant hereunder shall include all taxes imposed on the use of the parking spaces by any governmental or quasi-governmental authority. Parking rental shall be due and payable in advance, as additional rent, on the first day of each month during which parking spaces are leased hereunder. Parking spaces may not be assigned or transferred separate and apart from this Lease, and upon the expiration or earlier termination of this Lease, Tenant’s rights with respect to all leased parking spaces shall immediately terminate. Tenant and its officers and employees shall not unreasonably interfere with the rights of Landlord or others entitled to use the garage. Access to the garage will generally be available on a twenty-four (24) hour basis, with in and out privileges. The use of the garage by Tenant, its officer and employees shall be subject to all applicable laws and the garage shall be subject to the reasonable control and management of Landlord who may from time to time establish, modify, and enforce reasonable, uniform and nondiscriminatory rules and regulation with respect thereto. Landlord reserves the right to change, reconfigure, or rearrange the parking areas, to reconstruct or repair any portion thereof, and to restrict the use of any parking areas without such actions being deemed an eviction of Tenant or a disturbance of Tenant’s use of the Premises and without Landlord’s being deemed in default hereunder; provided that Landlord shall use commercially reasonable efforts to minimize (to the extent consistent with applicable laws) the extent and duration of any resulting interference with Tenant’s parking rights. In the event that such activities unreasonably interfere with Tenant’s use of the garage and parking rights, rent for the parking spaces leased by Tenant shall be abated to the extent of such interference. Landlord may, in its sole discretion, convert the garage to a reserved and/or controlled parking facility, or operate the garage (or a portion thereof) as an attendant assisted and/or valet parking facility. Landlord reserves the right at any time to designate areas for Tenant’s leased parking in a location mutually acceptable to Landlord and Tenant and otherwise in a reasonable manner, and Tenant shall thereafter be responsible for insuring that its officers and employees park in the designated areasparty.
Appears in 1 contract
Samples: Deed of Office Lease Agreement (Alarm.com Holdings, Inc.)
Parking Rights. For use by Tenant and its employees and invitees, Landlord shall have the right during the term of this Lease to leaseprovide for Tenant's use seven days a week, on a non-exclusive basis, 24 hours per day the number of unassigned parking spaces specified as designated in Section 1.09, all of which the Lease Summary. Such spaces shall be located in the subterranean garage adjacent on-site Parking Facility or in the parking facility for 0000 Xxxxxxxxx Xxxx, a parking facility located on the property of the First Presbyterian Church and, if necessary, such other location or locations as is mutually acceptable to Landlord and Tenant, with Landlord and Tenant hereby agreeing, that a location in the Buildingarea described on EXHIBIT "H" hereto or otherwise not more than a ten (10) minute shuttle ride from the Building (if Landlord provides such a shuttle) is mutually acceptable, so long as Tenant reasonably approves such location as being reasonably safe and secure, with reasonable acceptable security assess and illumination. Additional parking spaces may be leased by After acceptance of such location, Landlord shall preserve the condition of such Parking Facility as originally presented to Tenant on a monthly basis (terminable by Landlord or Tenant on thirty (30) days’ prior written notice) to the extent not leased by othersfor its approval. The rental rate for any parking space lease by Tenant Any such off-site facilities so provided shall be One Hundred Fifty Dollars ($150.00) per month per parking space during the first year deemed a part of the Initial Term of this Lease. Thereafter, the monthly rental rate "Parking Facility" for each parking space leased by Tenant shall be the then-current monthly rental rate charged to other tenants in the Building, but in no event shall the monthly rental rate exceed Two Hundred Dollars ($200.00) at any time during the Initial Term of this Lease. If Tenant exercises Option A to extend the term purposes of this Lease, then except where reference is made to the monthly rental rate on-site parking Facility and Landlord's obligation to provide spaces therein. Not less than the greater of (x) 376 parking spaces, or (y) two (2) spaces per 1,000 square feet of Rentable Area of the Premises will be located in the on-site Parking Facility (including, without limitation, the facility for each parking space leased by the 1365 Peachtree building) and shall be available to Tenant at any time during the Option Term shall not exceed Two Hundred Dollars ($200.00). If Tenant exercises Option B to extend the term of the Lease, the monthly rental rate for each parking space leased by Tenant shall be the then-current rate charged to other tenants in the Building from time to time during the Option Term. The use of Tenant’s parking spaces shall be for the parking of motor vehicles used by Tenant, its officers and employees only. The parking rental payable by Tenant hereunder shall include all taxes imposed on the use of the parking spaces by any governmental or quasi-governmental authority. Parking rental shall be due and payable in advance, as additional rent, on the first day of each month during which parking spaces are leased hereunder. Parking spaces may not be assigned or transferred separate and apart from this Lease, and upon the expiration or earlier termination of this Lease, Tenant’s rights with respect to all leased parking spaces shall immediately terminate. Tenant and its officers and employees shall not unreasonably interfere with the rights of Landlord or others entitled to use the garage. Access to the garage will generally be available Lease on a twenty-four (24) hour hour, seven (7) days a week basis, with in and out privileges. The use Regardless of the garage by location of the parking spaces provided to Tenant, its officer and employees such parking spaces shall be subject provided to all applicable laws and Tenant at the garage prevailing market rate for such parking spaces, as said market rates shall be subject to the reasonable control determined and management of Landlord who may adjusted from time to time establish, modify(except that the initial 376 parking spaces provided in the on-site Parking Facility shall be $60.00 per space per month during the Term) by Landlord or by the operator of such parking facility at its sole discretion (the current market rate for spaces located in the on-site Parking Facility is $60.00 per space per month). Tenant shall pay such monthly charges to Landlord or to the operator of the Parking Facility on or before the first (1st) day of each calendar month throughout the term of the Lease, and enforce reasonableTenant shall abide by and comply with any and all regulations promulgated by Landlord, uniform and nondiscriminatory rules and regulation with respect thereto. Landlord reserves the right to change, reconfigure, or rearrange the parking areas, to reconstruct or repair any portion thereof, and to restrict the use of any parking areas without such actions being deemed an eviction of Tenant or a disturbance of Tenant’s use owner of the Premises and without Landlord’s being deemed in default hereunder; provided that Landlord shall use commercially reasonable efforts to minimize (to the extent consistent with applicable laws) the extent and duration of any resulting interference with Tenant’s parking rights. In the event that such activities unreasonably interfere with Tenant’s use of the garage and parking rights, rent for the parking spaces leased by Tenant shall be abated to the extent of such interference. Landlord may, in its sole discretion, convert the garage to a reserved and/or controlled subject parking facility, or operate the garage (or a portion thereof) as an attendant assisted and/or valet operator of the Parking Facility with respect to such parking facilityspaces. Landlord reserves All such parking spaces attributable to any Phase of the right Premises not rented at any time to designate areas after the Base Rental Commencement Date for Tenant’s leased parking in a location mutually acceptable to such Phase may be rented or otherwise disposed of by Landlord and Tenant and otherwise in a reasonable manner, and Tenant shall thereafter be responsible for insuring that its officers and employees park or the operator of the Parking Facility in the designated areasordinary course of their business without further obligation to Tenant with respect thereto or any spaces in replacement thereof.
Appears in 1 contract
Samples: Office Lease (Earthlink Inc)
Parking Rights. During the term hereof, Tenant shall have the right during to the term daytime use (i.e. no later than 7 PM on any day) of 115 parking spaces ("daytime parking") located within the garage serving the Building. Such spaces may be on an assigned or unassigned basis at Landlord's discretion and Tenant shall comply with all reasonable rules and regulations which Landlord may impose from time to time for the regulation of such parking (such rules and regulations shall provide, INTER ALIA, that no towing can be made without reasonable advance notice). In addition, without charge to Tenant, Tenant shall have the exclusive use of 75 parking spaces in the Garage at all times. The location of Tenant's daytime parking spaces and of such exclusive spaces shall be as provided in the Parking Plan set forth on Exhibit E hereto. Except as otherwise set forth in this paragraph, no parking shall be allowed to Tenant on an overnight basis nor shall the parking rates so allocated to Tenant be utilized by other than Tenant's officers or employees or assigns or sublessees or invitees, and Tenant shall have no right to assign or sublicense any of its parking rights hereunder except to a permitted assignee of this Lease or sublesee of the Premises or to leasea party providing business services to Tenant. The foregoing, on however, shall not limit Tenant from reimbursement by its employees or officers for any or all of such charges. Landlord shall bear no liability in respect of any vehicles (or their contents) parked in such facility and Tenant waives all liability which Landlord may have in respect thereof, except to the extent the same results from Landlord's negligence or willful misconduct. As consideration for such daytime parking rights Tenant shall pay to Landlord an amount equal to the then market charge, as imposed by Landlord, for the daytime parking rights (the other seventy-five of such parking rights shall be without charge). Initially such charge shall be at the rate of $150 per parking right per month but shall be subject to change from time to time (but not more than once annually) by the Landlord. Such payment shall be considered to be Additional Rent under this Lease and Xxxxxx's failure to pay the same shall be considered a non-exclusive basisfailure in the payment of rent under this Lease. Such payment shall be due at the same time as the monthly payments of Fixed Rent in advance. In the event that during the Lease Term, additional area shall be added to the Premises so that the Rentable Floor Area of the Premises shall increase ("Expansion Space") then the number of parking spaces specified in Section 1.09, all of which available to Tenant under this section shall be located increased by two spaces for each 1,000 square feet of Rentable Floor Area in the subterranean garage adjacent Expansion Space, which spaces shall be considered to be daytime parking spaces for all purposes; provided, however, that such additional spaces shall be made available to Tenant only if, and to the Building. Additional parking extent, that Landlord has such spaces may be leased by Tenant on a monthly basis (terminable by Landlord or Tenant on thirty (30) days’ prior written notice) to the extent available and has not leased by others. The rental rate for any parking space lease by Tenant shall be One Hundred Fifty Dollars ($150.00) per month per parking space during the first year of the Initial Term of this Lease. Thereafter, the monthly rental rate for each parking space leased by Tenant shall be the then-current monthly rental rate charged committed such spaces to other tenants in the Buildingor persons, but in no event shall if the monthly rental rate exceed Two Hundred Dollars ($200.00) at any time during the Initial Term of this Lease. If Tenant exercises Option A to extend the term of this Lease, then the monthly rental rate for each parking space leased by Tenant at any time during the Option Term shall not exceed Two Hundred Dollars ($200.00). If Tenant exercises Option B to extend the term former tenant of the LeaseExpansion Space had any parking spaces for its use, the monthly rental rate for each parking space leased by Tenant shall be the then-current rate charged to other tenants in the Building from time to time during the Option Term. The use of Tenant’s such parking spaces shall be made available to Tenant. Whenever any other parking spaces within the Garage shall become available for monthly use by other than the parking tenants or occupants of motor vehicles used by Tenantthe Building or their customers, its officers Landlord shall notify Tenant thereof and employees onlyof any terms for leasing of the same. The parking rental payable by Tenant hereunder shall include all taxes imposed on the use of the parking spaces by any governmental or quasi-governmental authority. Parking rental shall be due and payable in advance, as additional rent, on the first day of each month during which parking spaces are leased hereunder. Parking spaces may not be assigned or transferred separate and apart from this Lease, and upon the expiration or earlier termination provisions of this Lease, Tenant’s rights with respect to all leased parking spaces Section 2.3 shall immediately terminate. Tenant apply during the Original Lease Term and its officers and employees shall not unreasonably interfere with the rights of Landlord or others entitled to use the garage. Access to the garage will generally be available on a twenty-four (24) hour basis, with in and out privileges. The use of the garage by Tenant, its officer and employees shall be subject to all applicable laws and the garage shall be subject to the reasonable control and management of Landlord who may from time to time establish, modify, and enforce reasonable, uniform and nondiscriminatory rules and regulation with respect thereto. Landlord reserves the right to change, reconfigure, or rearrange the parking areas, to reconstruct or repair any portion extension thereof, and to restrict the use of any parking areas without such actions being deemed an eviction of Tenant or a disturbance of Tenant’s use of the Premises and without Landlord’s being deemed in default hereunder; provided that Landlord shall use commercially reasonable efforts to minimize (to the extent consistent with applicable laws) the extent and duration of any resulting interference with Tenant’s parking rights. In the event that such activities unreasonably interfere with Tenant’s use of the garage and parking rights, rent for the parking spaces leased by Tenant shall be abated to the extent of such interference. Landlord may, in its sole discretion, convert the garage to a reserved and/or controlled parking facility, or operate the garage (or a portion thereof) as an attendant assisted and/or valet parking facility. Landlord reserves the right at any time to designate areas for Tenant’s leased parking in a location mutually acceptable to Landlord and Tenant and otherwise in a reasonable manner, and Tenant shall thereafter be responsible for insuring that its officers and employees park in the designated areas.
Appears in 1 contract
Samples: Keane Inc
Parking Rights. Landlord shall require that any garage operator (which may include Landlord if Landlord operates the garage) shall offer to Tenant 3.5 monthly parking contracts for every one thousand (1,000) square feet of rentable area of the Demised Premises to park standard passenger vehicles (collectively, the “Parking Rights”) in the parking facilities for the Building (the “Parking Facilities”). Parking Rights shall (i) be unassigned, and (ii) be on a self-park or attendant parking basis (or a combination thereof), as determined by the parking operator. Landlord shall gate and/or monitor the Parking Facilities so as to permit Tenant to have the use of its full allotment of Parking Rights. Notwithstanding anything herein to the contrary, as part of Tenant’s Parking Rights, Tenant shall have the right during the term of this Lease to lease, on a non-exclusive basis, the number of receive up to thirty (30) reserved parking spaces specified in Section 1.09(the “Reserved Spaces), all of which Reserved Spaces shall be marked by Landlord as being reserved for Tenant’s use and shall be located in the subterranean general areas of the garage adjacent as set forth on Exhibit “L”, subject to the Buildingfollowing sentence. Additional parking spaces Tenant acknowledges and agrees that Landlord may re-stripe and reconfigure the Parking Facility in the future, and if Landlord so re-stripes and/or reconfigures the Parking Facility, the Reserved Spaces may not be located in the precise locations shown on Exhibit L, but instead may be leased by Tenant located in the same general location as shown on a monthly basis (terminable by Landlord or Tenant on thirty (30) days’ prior written notice) to the extent not leased by others. Exhibit L. The rental rate for any parking space lease by Tenant Reserved Spaces shall be One Hundred Fifty Dollars located as follows: ($150.00A) per month per parking space during fifteen spaces shall be located in the first year main, Tower 1 garage (with five spaces being located on each of the Initial Term of this Lease. Thereafterfirst, the monthly rental rate for each parking space leased by Tenant second and third levels); and (B) fifteen (15) spaces shall be the then-current monthly rental rate charged to other tenants located in the Building, but in no event shall the monthly rental rate exceed Two Hundred Dollars ($200.00) at any time during the Initial Term of this LeaseTower 2 garage. If Tenant exercises Option A does not contract for the maximum number of Parking Rights so allocated to extend it within ninety (90) days after the term of this LeaseCommencement Date, then Tenant’s rights to the monthly rental rate for each parking space leased by Tenant at any time during unused Parking Rights shall, subject to the Option Term shall not exceed Two Hundred Dollars ($200.00). If Tenant exercises Option B to extend the term terms of the Leaseimmediately following sentence, expire. Despite the monthly rental rate foregoing, in the event that (i) Tenant initially fails to contract for each its maximum allocation of parking space leased by contracts (or subsequently relinquishes any parking contracts), and (ii) thereafter Tenant desires to contract for up to its maximum allocation, then, upon at least sixty (60) days prior written notice to Landlord, Tenant shall be have the then-current rate charged right to other tenants in the Building from time to time during the Option Term. The use of Tenant’s parking spaces shall be for the parking of motor vehicles used by Tenant, its officers and employees only. The parking rental payable by Tenant hereunder shall include all taxes imposed on the use regain any of the parking spaces by any governmental or quasi-governmental authority. Parking rental shall be due and payable in advance, as additional rent, on the first day of each month during contracts for which parking spaces are leased hereunder. Parking spaces may not be assigned or transferred separate and apart from this Lease, and upon the expiration or earlier termination of this Lease, Tenant’s rights with respect Tenant has initially failed to all leased parking spaces shall immediately terminate. Tenant and its officers and employees shall not unreasonably interfere with the rights of Landlord or others entitled to use the garage. Access to the garage will generally be available on a twenty-four (24) hour basis, with in and out privileges. The use of the garage by Tenant, its officer and employees shall be subject to all applicable laws and the garage shall be subject to the reasonable control and management of Landlord who may from time to time establish, modify, and enforce reasonable, uniform and nondiscriminatory rules and regulation with respect thereto. Landlord reserves the right to change, reconfigure, or rearrange the parking areas, to reconstruct or repair any portion thereof, and to restrict the use of any parking areas without such actions being deemed an eviction of Tenant or a disturbance of Tenant’s use of the Premises and without Landlord’s being deemed in default hereunder; provided that Landlord shall use commercially reasonable efforts to minimize (to the extent consistent with applicable laws) the extent and duration of any resulting interference with Tenant’s parking rights. In the event that such activities unreasonably interfere with Tenant’s use of the garage and parking rights, rent for the parking spaces leased by Tenant shall be abated to the extent of such interference. Landlord may, in its sole discretion, convert the garage to a reserved and/or controlled parking facility, or operate the garage contract (or a portion thereof) as an attendant assisted and/or valet parking facility. Landlord reserves the right at any time to designate areas for Tenant’s leased parking in a location mutually acceptable to Landlord and which Tenant and otherwise in a reasonable manner, and Tenant shall thereafter be responsible for insuring that its officers and employees park in the designated areashas subsequently relinquished).
Appears in 1 contract
Samples: Deed of Lease (Cvent Inc)
Parking Rights. Throughout the Term, Tenant shall have be ------------ --------------- entitled (but shall not be obligated) to rent parking spaces at the right during Property at a ratio of 3.25 spaces per 1,000 rentable square feet of space in the term Premises, for a total of this Lease 172 parking spaces. Tenant shall pay a monthly fee for each unreserved space at the rates determined by Landlord from time to leasetime. Further, Tenant shall pay a monthly fee for each reserved space at the rates determined by Landlord from time to time; provided, however, that Tenant may designate only ten percent (10%) of its total parking space allocation as reserved spaces. Effective as of the Commencement Date, the parking spaces specified on Exhibit "C" attached hereto shall be leased to Tenant. In the future, if Tenant desires to rent any additional unreserved parking spaces (over and above those to which Tenant is entitled under the foregoing paragraph), Tenant shall so notify Landlord at least thirty (30) days in advance and Landlord shall allocate such requested parking spaces to Tenant, on a nonfirst come-exclusive first served basis, to -- the number of extent such extra parking spaces specified in Section 1.09are available at the Property (subject to --- ------ the following paragraph); provided, all of which shall be located in the subterranean garage adjacent to the Building. Additional parking spaces may be leased by Tenant on a monthly basis (terminable by Landlord or Tenant on however, that at any time upon thirty (30) days’ prior written ' notice) , Landlord may terminate Tenant's rights to some or all of such extra parking spaces if they are needed by other tenants of the extent Building, so long as Tenant continues to have the use of not leased by less than 3.25 parking spaces per 1,000 rentable square feet of space in the Premises. In the event, after the Commencement Date, Tenant rents parking spaces at the Property at a ratio of less than 3.25 per 1,000, Landlord shall be entitled --------- to rent such "unused" parking spaces to others. The rental rate for If Tenant desires to rent any or all of such "unused" parking space lease by spaces again, Tenant shall so notify Landlord at least thirty (30) days in advance and Landlord shall make arrangements for these spaces to be One Hundred Fifty Dollars available to Tenant within thirty ($150.0030) per month per parking space during days. If the first year of desired spaces have not been rented out to others, Landlord shall make the Initial Term of this Leasespaces available to Tenant on an expedited basis. Thereafter, the monthly rental rate for each parking space leased by Tenant shall be the then-current monthly rental rate charged to cooperate with Landlord and other tenants in the Building, but in no event shall the monthly rental rate exceed Two Hundred Dollars ($200.00) at any time during the Initial Term of this Lease. If Tenant exercises Option A to extend the term of this Lease, then the monthly rental rate for each parking space leased by Tenant at any time during the Option Term shall not exceed Two Hundred Dollars ($200.00). If Tenant exercises Option B to extend the term of the Lease, the monthly rental rate for each parking space leased by Tenant shall be the then-current rate charged to other tenants in the Building from time to time during the Option Term. The use of Tenant’s parking spaces shall be for the parking of motor vehicles used by Tenant, its officers and employees only. The parking rental payable by Tenant hereunder shall include all taxes imposed on the use of the parking spaces by any governmental or quasi-governmental authorityfacilities. Parking rental shall be due and payable Notwithstanding the foregoing, Landlord reserves the right, in advanceits absolute discretion, as additional rent, on the first day of each month during which to allocate unreserved parking spaces are leased hereunder. Parking spaces may not be assigned or transferred separate and apart from this Lease, and upon at the expiration or earlier termination of this Lease, Tenant’s rights with respect to all leased Building parking spaces shall immediately terminate. facility among Tenant and its officers and employees shall not unreasonably interfere with the rights of Landlord or others entitled to use the garage. Access to the garage will generally be available on a twenty-four other tenants (24) hour basis, with in and out privileges. The use of the garage by Tenant, its officer and employees shall be subject to all applicable laws and the garage shall be subject to the reasonable control and management of Landlord who may from time to time establish, modify, and enforce reasonable, uniform and nondiscriminatory rules and regulation with respect thereto. Landlord reserves the right to change, reconfigureparking ratio referenced above), or rearrange the parking areas, to reconstruct assign or repair any portion thereof, and to restrict the use of any parking areas without such actions being deemed an eviction of Tenant or a disturbance of Tenant’s use of the Premises and without Landlord’s being deemed in default hereunder; provided that Landlord shall use commercially reasonable efforts to minimize (to the extent consistent with applicable laws) the extent and duration of any resulting interference with Tenant’s parking rights. In the event that such activities unreasonably interfere with Tenant’s use of the garage and parking rights, rent for the reserve parking spaces leased by Tenant shall be abated to at the extent of such interference. Landlord may, in its sole discretion, convert the garage to a reserved and/or controlled parking facility, or operate the garage (or a portion thereof) as an attendant assisted and/or valet Building parking facility. Landlord reserves The Building parking facility referenced in this Section 1.4 is the right at any time to designate areas for Tenant’s leased parking in a location mutually acceptable to Landlord and Tenant and otherwise in a reasonable manner, and Tenant shall thereafter be responsible for insuring that its officers and employees park in one located on the designated areasProperty.
Appears in 1 contract
Parking Rights. During the term hereof, Tenant shall have the right during to the term daytime use (i.e. no later than 7 PM on any day) of 115 parking spaces ("daytime parking") located within the garage serving the Building. Such spaces may be on an assigned or unassigned basis at Landlord's discretion and Tenant shall comply with all reasonable rules and regulations which Landlord may impose from time to time for the regulation of such parking (such rules and regulations shall provide, INTER ALIA, that no towing can be made without reasonable advance notice). In addition, without charge to Tenant, Tenant shall have the exclusive use of 75 parking spaces in the Garage at all times. The location of Tenant's daytime parking spaces and of such exclusive spaces shall be as provided in the Parking Plan set forth on Exhibit E hereto. Except as otherwise set forth in this paragraph, no parking shall be allowed to Tenant on an overnight basis nor shall the parking rates so allocated to Tenant be utilized by other than Tenant's officers or employees or assigns or sublessees or invitees, and Tenant shall have no right to assign or sublicense any of its parking rights hereunder except to a permitted assignee of this Lease or sublesee of the Premises or to leasea party providing business services to Tenant. The foregoing, on however, shall not limit Tenant from reimbursement by its employees or officers for any or all of such charges. Landlord shall bear no liability in respect of any vehicles (or their contents) parked in such facility and Tenant waives all liability which Landlord may have in respect thereof, except to the extent the same results from Landlord's negligence or willful misconduct. As consideration for such daytime parking rights Tenant shall pay to Landlord an amount equal to the then market charge, as imposed by Landlord, for the daytime parking rights (the other seventy-five of such parking rights shall be without charge). Initially such charge shall be at the rate of $150 per parking right per month but shall be subject to change from time to time (but not more than once annually) by the Landlord. Such payment shall be considered to be Additional Rent under this Lease and Tenant's failure to pay the same shall be considered a non-exclusive basisfailure in the payment of rent under this Lease. Such payment shall be due at the same time as the monthly payments of Fixed Rent in advance. In the event that during the Lease Term, additional area shall be added to the Premises so that the Rentable Floor Area of the Premises shall increase ("Expansion Space") then the number of parking spaces specified in Section 1.09, all of which available to Tenant under this section shall be located increased by two spaces for each 1,000 square feet of Rentable Floor Area in the subterranean garage adjacent Expansion Space, which spaces shall be considered to be daytime parking spaces for all purposes; provided, however, that such -7- additional spaces shall be made available to Tenant only if, and to the Building. Additional parking extent, that Landlord has such spaces may be leased by Tenant on a monthly basis (terminable by Landlord or Tenant on thirty (30) days’ prior written notice) to the extent available and has not leased by others. The rental rate for any parking space lease by Tenant shall be One Hundred Fifty Dollars ($150.00) per month per parking space during the first year of the Initial Term of this Lease. Thereafter, the monthly rental rate for each parking space leased by Tenant shall be the then-current monthly rental rate charged committed such spaces to other tenants in the Buildingor persons, but in no event shall if the monthly rental rate exceed Two Hundred Dollars ($200.00) at any time during the Initial Term of this Lease. If Tenant exercises Option A to extend the term of this Lease, then the monthly rental rate for each parking space leased by Tenant at any time during the Option Term shall not exceed Two Hundred Dollars ($200.00). If Tenant exercises Option B to extend the term former tenant of the LeaseExpansion Space had any parking spaces for its use, the monthly rental rate for each parking space leased by Tenant shall be the then-current rate charged to other tenants in the Building from time to time during the Option Term. The use of Tenant’s such parking spaces shall be made available to Tenant. Whenever any other parking spaces within the Garage shall become available for monthly use by other than the parking tenants or occupants of motor vehicles used by Tenantthe Building or their customers, its officers Landlord shall notify Tenant thereof and employees onlyof any terms for leasing of the same. The parking rental payable by Tenant hereunder shall include all taxes imposed on the use of the parking spaces by any governmental or quasi-governmental authority. Parking rental shall be due and payable in advance, as additional rent, on the first day of each month during which parking spaces are leased hereunder. Parking spaces may not be assigned or transferred separate and apart from this Lease, and upon the expiration or earlier termination provisions of this Lease, Tenant’s rights with respect to all leased parking spaces Section 2.3 shall immediately terminate. Tenant apply during the Original Lease Term and its officers and employees shall not unreasonably interfere with the rights of Landlord or others entitled to use the garage. Access to the garage will generally be available on a twenty-four (24) hour basis, with in and out privileges. The use of the garage by Tenant, its officer and employees shall be subject to all applicable laws and the garage shall be subject to the reasonable control and management of Landlord who may from time to time establish, modify, and enforce reasonable, uniform and nondiscriminatory rules and regulation with respect thereto. Landlord reserves the right to change, reconfigure, or rearrange the parking areas, to reconstruct or repair any portion extension thereof, and to restrict the use of any parking areas without such actions being deemed an eviction of Tenant or a disturbance of Tenant’s use of the Premises and without Landlord’s being deemed in default hereunder; provided that Landlord shall use commercially reasonable efforts to minimize (to the extent consistent with applicable laws) the extent and duration of any resulting interference with Tenant’s parking rights. In the event that such activities unreasonably interfere with Tenant’s use of the garage and parking rights, rent for the parking spaces leased by Tenant shall be abated to the extent of such interference. Landlord may, in its sole discretion, convert the garage to a reserved and/or controlled parking facility, or operate the garage (or a portion thereof) as an attendant assisted and/or valet parking facility. Landlord reserves the right at any time to designate areas for Tenant’s leased parking in a location mutually acceptable to Landlord and Tenant and otherwise in a reasonable manner, and Tenant shall thereafter be responsible for insuring that its officers and employees park in the designated areas.
Appears in 1 contract
Samples: Keane Inc
Parking Rights. Provided that Tenant is occupying the Leased Premises and is not in Default under this Lease, Tenant shall have the right during the term of this Lease to lease, on a non-exclusive basis, purchase the number of monthly parking space contracts set forth in Section 1.01.J, above, from the Building garage operator, at the rates set forth below and on such other terms and conditions as reasonably established by the Building garage operator from time to time. Such parking contracts shall be for parking spaces specified in Section 1.09, all of which marked as reserved for Tenant's exclusive use. These parking spaces shall be located in the subterranean garage adjacent to surface parking area and the Buildingstructured parking area in the locations depicted on Exhibit O attached hereto. Additional For the first Lease Year, the price for the spaces in the surface parking spaces may be leased by Tenant on a monthly basis area (terminable by Landlord or Tenant on thirty (30the "Surface Parking Rate") days’ prior written notice) to the extent not leased by others. The rental rate for any parking space lease by Tenant shall be One Hundred Fifty Dollars ($150.00) per space per month per and the price for spaces in the structured parking space during area (the first year of the Initial Term of this Lease. Thereafter, the monthly rental rate for each parking space leased by Tenant "Structured Parking Rate") shall be the then-current monthly rental rate charged to other tenants in the Building, but in no event shall the monthly rental rate exceed Two Hundred Dollars ($200.00) at any time during the Initial Term of this Lease. If Tenant exercises Option A to extend the term of this Lease, then the monthly rental rate for each parking per space leased by Tenant at any time during the Option Term shall not exceed Two Hundred Dollars ($200.00). If Tenant exercises Option B to extend the term of the Lease, the monthly rental rate for each parking space leased by Tenant shall be the then-current rate charged to other tenants in the Building from time to time during the Option Termper month. The use of Tenant’s parking surface area spaces shall be reserved during Building Hours (but are neither reserved nor guaranteed to be available after Building Hours) and the spaces in the structured parking area shall be available twenty-four hours per day three hundred sixty-five days per year. During non-Building Hours, the surface area spaces shall be available on a "first come, first serve" basis, but the monthly parking contracts for the surface parking of motor vehicles used by Tenant, its officers and employees only. The parking rental payable by Tenant hereunder spaces issued pursuant hereto shall include all taxes imposed on the permit use of the parking surface area spaces by any governmental or quasiduring non-governmental authorityBuilding hours without an additional charge therefor (other than the Surface Parking Rates charged for such contracts). Parking rental shall be due On the first day of the second Lease Year, and payable in advance, as additional rent, on the first day of each month during Lease Year thereafter, the Surface Parking Rate and the Structured Parking Rate then in effect shall be increased by the same percentage that the Minimum Rent is increased pursuant to Section 5.02 hereof. A portion of the parking space contracts purchased by Tenant pursuant to the foregoing provisions shall be designated for handicapped use and carpool use pursuant to the Parking Allocation chart set forth on Exhibit O, the location of which shall be determined by Landlord in its reasonable discretion. In addition to the foregoing monthly parking spaces are leased hereunder. Parking spaces may space contracts, Tenant shall have the right to purchase up to six (6) additional monthly parking space contracts, which shall be on the same terms and conditions as Tenant's other monthly parking space contracts, except (i) Landlord shall determine in its sole discretion the location thereof and whether or not such contracts will be assigned or transferred separate and apart from this Leasefor reserved parking spaces, and upon the expiration or earlier termination of this Lease, (ii) Landlord shall be entitled to terminate Tenant’s rights 's right with respect to any or all leased parking spaces shall immediately terminate. Tenant and its officers and employees shall not unreasonably interfere with the rights of Landlord or others entitled to use the garage. Access to the garage will generally be available on a twenty-four (24) hour basis, with in and out privileges. The use of the garage by Tenant, its officer and employees shall be subject to all applicable laws and the garage shall be subject to the reasonable control and management of Landlord who may from time to time establish, modify, and enforce reasonable, uniform and nondiscriminatory rules and regulation with respect thereto. Landlord reserves the right to change, reconfigure, or rearrange the additional monthly parking areas, to reconstruct or repair any portion thereof, and to restrict the use of any parking areas without such actions being deemed an eviction of Tenant or a disturbance of Tenant’s use of the Premises and without Landlord’s being deemed in default hereunder; provided that Landlord shall use commercially reasonable efforts to minimize space contracts upon thirty (to the extent consistent with applicable laws30) the extent and duration of any resulting interference with Tenant’s parking rights. In the event that such activities unreasonably interfere with Tenant’s use of the garage and parking rights, rent for the parking spaces leased by Tenant shall be abated to the extent of such interference. Landlord may, in its sole discretion, convert the garage to a reserved and/or controlled parking facility, or operate the garage (or a portion thereof) as an attendant assisted and/or valet parking facility. Landlord reserves the right at any time to designate areas for Tenant’s leased parking in a location mutually acceptable to Landlord and Tenant and otherwise in a reasonable manner, and Tenant shall thereafter be responsible for insuring that its officers and employees park in the designated areasdays prior written notice.
Appears in 1 contract
Parking Rights. Provided that no incurred Event of Default shall then be in effect, Tenant shall have the right during the term Term of this Lease to lease, park eight (8) automobiles on a non-exclusive basis, an undesignated basis at the number of parking spaces specified in Section 1.09, all of which shall be located in the subterranean garage facility adjacent to the Building. Additional parking spaces may be leased by Tenant on a Building (the “Parking Facility”), at the same monthly basis (terminable by Landlord or Tenant on thirty (30) days’ prior written notice) to the extent not leased by others. The rental rate for any parking space lease by Tenant shall be One Hundred Fifty Dollars ($150.00) per month per parking space during the first year of the Initial Term of this Lease. Thereafter, the monthly rental rate for each parking space leased by Tenant shall be the then-current monthly rental rate charged to other tenants in the Building, but in no event shall the monthly rental rate exceed Two Hundred Dollars ($200.00) at any time during the Initial Term of this Lease. If Tenant exercises Option A to extend the term of this Lease, then the monthly rental rate for each parking space leased by Tenant at any time during the Option Term shall not exceed Two Hundred Dollars ($200.00). If Tenant exercises Option B to extend the term of the Lease, the monthly rental rate for each parking space leased by Tenant shall be the then-current rate charged to other tenants in the Building rates as are established from time to time during by the Option TermParking Facility’s owner or operator for other spaces in the Parking Facility (the “Prevailing Monthly Rates”). Landlord shall provide Tenant an option to utilize additional parking spaces on a monthly basis, at the Prevailing Monthly Rates, if and when such spaces are available to Landlord. The use of Tenant’s parking spaces shall be for the parking of motor vehicles used by Tenant, its officers employees and employees only. The parking rental payable by Tenant hereunder shall include all taxes imposed on the use invitees of the parking spaces by any governmental or quasi-governmental authority. Parking rental shall be due and payable in advance, as additional rent, on the first day of each month during which parking spaces are leased hereunder. Parking spaces may not be assigned or transferred separate and apart from this Lease, and upon the expiration or earlier termination of this Lease, Tenant’s rights with respect to all leased parking spaces shall immediately terminate. Tenant and its officers and employees shall not unreasonably interfere with the rights of Landlord or others entitled to use the garage. Access to the garage will generally be available on a twenty-four (24) hour basis, with in and out privileges. The use of the garage by Tenant, its officer and employees shall be subject to all applicable laws and the garage Facility shall be subject to the reasonable control rules and management of Landlord who may regulations established from time to time establish, modify, and enforce reasonable, uniform and nondiscriminatory rules and regulation with respect thereto. Landlord reserves by the right owner of parking spaces to change, reconfigurewhich it is entitled within three (3) months after the Commencement Date, or rearrange if any time thereafter Tenant releases any parking space or spaces, Tenant shall lose its right under this Article 31 exceeds the parking areasspaces actually rented, but Landlord shall use reasonable efforts to reconstruct or repair any portion thereof, and make such number of parking spaces available to restrict the use of any parking areas without such actions being deemed an eviction of Tenant or a disturbance within six (6) months after Tenant delivers Notice to Landlord of Tenant’s use of desire to rent the Premises and without Landlord’s being deemed in default hereundersame. Neither Landlord nor any Landlord Party shall be liable for: (a) loss or damage to any vehicle or other personal property parked or located within the Parking Facility; provided that Landlord shall use commercially reasonable efforts or (b) injury to minimize (to the extent consistent with applicable laws) the extent and duration or death of any resulting interference with Tenant’s parking rights. In person in, about or around the event that such activities unreasonably interfere with Tenant’s use of the garage and parking rightsParking Facility, rent for the parking spaces leased whether caused by Tenant shall be abated to the extent of such interference. Landlord mayfire, in its sole discretiontheft, convert the garage to a reserved and/or controlled parking facilityassault, explosion, riot or operate the garage (or a portion thereof) as an attendant assisted and/or valet parking facility. Landlord reserves the right at any time to designate areas for Tenant’s leased parking in a location mutually acceptable to Landlord and Tenant and otherwise in a reasonable mannerother cause whatsoever, and Tenant waives all Claims arising therefrom. Tenant shall thereafter not assign any of its parking rights under this Lease and any attempted assignment thereof shall be responsible for insuring that its officers and employees park in the designated areasvoid.
Appears in 1 contract