Parking Spaces. Landlord agrees to provide Tenant with the exclusive use of the Reserved Parking Spaces throughout the entire Term of this Lease at no additional cost to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Parking Spaces, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have the right to enforce the same by implementing fines, removal of vehicles and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written request.
Appears in 1 contract
Parking Spaces. Landlord agrees Subject to provide Tenant with the exclusive use of the Reserved Parking Spaces throughout the entire Term terms and conditions of this Lease at no additional cost Sublease, including performance of all applicable payment obligations imposed under Article 4 above, the terms and provisions of Article 17 below, and such reasonable rules and regulations as Sublessor may from time to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Parking Spaces, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary time establish for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of parking spaces for exclusive use by tenantssuch areas, adjacent property owners the Master Sublessee (only in East Parking Structure), Building employees so long as it retains an interest hereunder) and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord each Condominium Sublessee shall have the exclusive right to enforce use the same passenger vehicle parking space or spaces (“Parking Spaces”) allocated to their respective Condominiums by implementing fines, removal Master Sublessee. The Parking Spaces from among which Master Sublessee will make such individual allocations are set forth on the Parking Schedule (“Parking Schedule”) attached hereto as Exhibit G. The location of vehicles and other processes allowed by lawsuch Parking Space(s) is depicted on the Condominium Plan. Tenant covenants that it will enforce The Master Sublessee shall allocate the use of specific Parking Space(s) to individual Condominiums at the time of creating a Condominium Sublease with respect thereto. A Condominium Sublessee’s rights of use with respect to parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant limited to Landlord within five (5only those Parking Spaces(s) days after ▇▇▇▇▇▇▇▇’s written requestassigned to its Condominium and shall arise only upon such assignment. The actual, as- built dimensions of the Parking Spaces shall be conclusively presumed to be their boundaries rather than any depiction or description contained in the Condominium Plan. The exclusive right of use of a Parking Space does not entitle a Sublessee to alter, change or add to, in any way, the surfaces of such area.
Appears in 1 contract
Sources: Master Condominium Sublease
Parking Spaces. Throughout the Term of this Sublease, Tenant shall be permitted to lease parking spaces in the parking facility serving the Building (the "Parking Facility") at the rate of up to one (1) parking space per three thousand (3,000) square feet of Rentable Area of the Sublease Premises (rounded down, in the case of a fraction, to the nearest whole number) on the terms and conditions specified in Exhibit E to the Master Lease as applicable to such spaces, including any rules and regulations of Master Landlord agrees governing the use of such parking spaces or the Parking Facility, and otherwise subject to provide the provisions of the Master Lease. The number of initial parking spaces allocated to Tenant at the Commencement Date is fifty-four (54) parking spaces. Tenant's right to use such parking spaces is conditioned upon there being no material Default by Tenant, beyond applicable cure periods, and Tenant paying to Landlord, together with each monthly payment of Base Rent (or at such other time as Landlord may designate), all Monthly Parking Rental (as defined in the Master Lease) and other amounts (including late charges) Landlord is obligated to pay to Master Landlord in respect of Tenant's use of such parking spaces, and otherwise complying with the exclusive requirements for use thereof imposed by Master Landlord or any operator of the Parking Facility. Tenant shall supply such information regarding use of the Reserved Parking Spaces throughout parking spaces or other parking facilities as Landlord or Master Landlord shall reasonably require in connection with the entire Term of this Lease at no additional cost to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants or visitors TMA (as defined in Exhibit E to the Property do not infringe upon Tenant’s rights to Master Lease) and also shall refrain from any act or omission which violates the Reserved Parking SpacesTMA. Notwithstanding anything contained in this Section 19.1, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use number of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices allocated to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have the right to enforce the same by implementing fines, removal of vehicles and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant subject to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written requestthe restrictions and requirements set forth in the TMA.
Appears in 1 contract
Sources: Sublease (Gymboree Corp)
Parking Spaces. Landlord agrees Subject to provide Tenant with the exclusive use all of the Reserved Parking Spaces throughout terms, provisions, covenants and conditions contained in this Office Lease, Tenant shall have the entire Term of this Lease at no additional cost to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Parking Spaces, provided, however, Landlord hereby reserves the initial right to relocate lease in the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking facility thirty-two (32 parking spaces in connected blocks. In addition, Tenant, its invitees and licensees which parking facility shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell provide for the use of tenants of the Office Center and such other people that Landlord decides to lease such parking spaces for exclusive use by tenants, adjacent property owners (only to in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the 's sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenantdiscretion, and which parking facility shall be maintained and insured by Landlord in accordance with the applicable Landlord maintenance and insurance provisions of this Lease. As part of the thirty-two (32) parking spaces, Tenant shall have the right to enforce retain and lease the reserved spaces assigned to PowerCerv Technologies Corporation in connection with the Prior Lease. The Rent for such parking spaces shall be at the prevailing monthly parking reserved or non-reserved parking rate, as applicable (plus all applicable sales tax) that Landlord charges other tenants for said Office Center parking facilities as increased from time to time by Landlord. As of the Date of this Lease, the Rate is $80.00 per month per non-reserved parking space. Landlord may, in Landlord's sole discretion, adjust said monthly parking rate. The Rent for parking spaces is payable in advance on the first day of each month throughout the Term of this Office Lease. The Rent for such parking space(s) shall be deemed Additional Rent payable in the same manner as Rent set forth in this Office Lease and shall be subject to all of the terms, provisions, conditions and covenants of this Office Lease including, but not limited to, any provisions pertaining to late charges and Default. Notwithstanding anything herein, should Landlord require additional spaces to provide parking for other tenants, occupants or other users of the Office Center, then Landlord may at any time twenty-four (24) months after the Commencement Date recapture up to three (3) parking spaces from Tenant upon not less than seven (7) days' advance written notice to Tenant. Tenant's right to use, and its right to permit its principals, employees, contractors, and guests to use, the Parking Areas are subject to the following conditions: (i) Landlord has made no representations or warranties with respect to the Parking Areas, the number of spaces located therein, or access thereto; (ii) Landlord reserves the right to change the access to the Parking Areas and/or provide substitute parking spaces, provided that some manner of reasonable access to the Parking Areas or substitute parking spaces remain after such change; and such change shall not entitle Tenant to any claim against Landlord or to any abatement of Rent; (iii) Landlord has no obligation to provide security or a parking lot attendant and Landlord shall have no liability on account of any loss or damage to any vehicle or the contents thereof, or any personal injury, property damage, or other tort liability suffered by implementing finesTenant, removal its employees, agents, or contractors, Tenant agreeing to bear the risk of vehicles loss for same; (iv) if and other processes allowed when so requested by law. Landlord, Tenant covenants that it will enforce shall furnish Landlord with the parking by its employees in such designated areas. Automobile license numbers and descriptions of any vehicles of Tenant, its principals, employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written request, agents and contractors.
Appears in 1 contract
Parking Spaces. Landlord agrees shall make available to provide Tenant with without charge a number of unreserved and unassigned parking spaces within the exclusive use Parking Garage equal to 2.5 parking spaces for every 1,000 square feet of the Reserved Parking Spaces throughout the entire Term of this Lease at no Premises and any additional cost space leased by Tenant, without charge to Tenant. Additionally, Tenant hereby agrees to pay Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Parking Spaces, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ reserved and assigned parking spaces in connected blocks. In addition, equal to 1 parking spaces within the Parking Garage for every 1,000 square feet of the Premises and any additional space leased by Tenant, its invitees and licensees at a charge of $50.00 per parking space per month throughout the term of the Lease, which payment shall be entitled, with due and payable at the exception time of payment of Base Rent and shall be considered additional rent due under this Lease. The location of the reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces shall be mutually agreed to by Tenant and Landlord. Tenant acknowledges and agrees that the parking in the Project Garage is on a “first comeco-usage basis with other owners and permitted users in the Project, first served” basisexcept that Tenant's reserved parking spaces in the Project Garage shall be available for its exclusive use between the hours 8:00 a.m. and 6:00 p.m., providedMonday through and including Friday, excluding any and all municipally recognized holidays (the "Normal Parking Hours"). After Normal Parking Hours, fifty percent (50%) of the reserved parking allocated to Tenant shall remain available for Tenant's exclusive use and the remaining fifty percent (50%) of the reserved and one hundred percent (100%) of the unreserved parking allocated to Tenant shall be on a co-usage basis with other owners and permitted users in the Project, subordinate to the rights of the adjoining residential development and subject to availability. Notwithstanding the foregoing, Landlord shall retain will abate the authority to designate, lease/easement and/or sell the use of reserved parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made additional rent for the sole benefit initial twelve (12) months of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activitiesthe lease terms. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have the right to enforce the same by implementing fines, removal of vehicles and other processes allowed by law. Tenant covenants that it will enforce the Total parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written requestadditional rent abatement is $24,000.
Appears in 1 contract
Parking Spaces. (a) Landlord agrees shall make Tenant's Parking Spaces available to Tenant and Tenant shall hire same from Landlord, in such areas (the "Parking Areas") of the Property or the Complex or other property reasonably close thereto as Landlord shall periodically designate for Tenant's use subject to the express provisions hereof. Landlord shall use good faith efforts, to the extent practicable under the circumstances, to designate the Parking Areas as close as practicable to the Building, and to locate at least 200 of such Parking Spaces in one contiguous Parking Area, but if the Parking Areas on the Property are under construction for a new building so that there are insufficient remaining Parking Spaces thereon to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areas, such insufficient number of Parking Spaces may then be redesignated by Landlord in its sole discretion but in no event to a Parking Area further from the Building than the Parking Area behind Plaza's I, II or III (which shall include 20 reserve spaces as close as practicable to the Building) and then only until there is again sufficient Parking Spaces on the Property to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areas, at which time the redesignated Parking Spaces shall be returned to the Property. Upon construction of any closed parking on the Property, Tenant's Parking Spaces shall be within such closed parking. Notwithstanding the foregoing, the preceding limitations (other than the provisions of the immediately preceding sentence) shall not apply to the extent Landlord, in its sole discretion, elects to provide Tenant with valet parking services for Tenant's Parking Spaces and such valet parking is operated in a manner consistent with valet parking at first class office buildings in the exclusive use vicinity of the Reserved Parking Spaces throughout Building. For as long as Tenant or its Affiliate leases and occupies the entire Term of this Lease at no additional cost to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants Retail Premises, Tenant (or visitors to its Affiliate, as the Property do not infringe upon Tenant’s rights to the Reserved Parking Spaces, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as case may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord be) shall have the exclusive right to enforce use six (6) parking spaces designated by Landlord and reserved for visitors of the same by implementing finesRetail Space (collectively, removal of vehicles and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5"Retail Parking Spaces") days after ▇▇▇▇▇▇▇▇’s written request.which Retail
Appears in 1 contract
Parking Spaces. Landlord agrees to provide Tenant with the exclusive use Tenant(s) dwelling unit «Has Shared Utilities» Does Not have, shared utilities. Most older buildings have shared utility charges which are included as part of the Reserved Parking Spaces throughout monthly rent and most newer buildings do not. Shared utilities are water service, sewer service, and trash service (if applicable) which are included as part of the entire Term monthly rent as shown in "Monthly Rent" (LC, Article I, Section 2.1) of this Lease Contract. Trash pickup is included in the monthly rent if the building that Tenant’s dwelling unit is in has a dumpster for trash removal. Otherwise trash pickup is not included unless stated otherwise in this Lease Contract. Tenant(s) is responsible for reimbursing Landlord and paying any utility charges that are due because Tenant failed to put utilities in their name or that Landlord has to pay because of Tenant’s failure to pay or purchase required utilities. Tenant is required to have the following utilities hooked up and in working order at all times: cellular phone or phone, electricity, water, sewer and, if applicable, oil, kerosene, natural or propane gas heat. For additional utility requirements and information see “Utility Requirements” (R&R, Article II, Section 77). Tenant is required as a condition of this Lease Contract as stated in Communications and Electronic Documents” (R&R, Article II, Section 17) to provide Landlord with their working email address, cellular number, and VOIP number or landline number (if applicable), to keep them in working order and to provide Landlord with any changes to them. Tenant expressly consents that Landlord may use them to contact Tenant Tenant agrees to park no additional cost more than «Parking Spaces» car(s) in the parking lot (including any auxiliary parking lot) and abide by the parking rules and regulations see “Parking” (R&R, Article II, Section 52) and any specific Parking Policies that apply to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Parking Spaces, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have the right to enforce the same by implementing fines, removal of vehicles and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written requestdwelling unit.
Appears in 1 contract
Sources: Lease Agreement
Parking Spaces. Landlord agrees to provide Tenant The definition of “Parking Spaces” in Section 1 of the Lease is hereby deleted and replaced with the exclusive use following: “Subject to the terms of this Section 1 and Exhibit I (Parking): One hundred (100) parking spaces located in the Parking Garage (“Initial Required Spaces”), of which twenty-five (25) parking spaces will be designated as reserved exclusively for Tenant (the “Reserved Spaces”) and the remainder will constitute unreserved parking spaces. The Reserved Spaces will be located on the third level of the Parking Garage in the area shown on the Garage Plan attached to the Second Amendment as Appendix 1 and made a part hereof for all purposes; provided, however, Landlord may temporarily relocate any Reserved Space from time to time, at Landlord’s reasonable discretion, upon five days’ prior written notice to Tenant, in order for Landlord to perform its obligations under Section 10.(a) of the Lease. Subject to the terms of Exhibit I, any such temporary relocation of the Reserved Parking Spaces throughout the entire Term of this Lease at no additional cost to Tenant. by Landlord will exercise reasonable diligence not exceed 30 consecutive days. If the Net Rentable Area of the Office Space is increased at any time during the Term, the number of Parking Spaces allocated to ensure that other tenants or visitors to Tenant will be increased at the Property do not infringe upon rate of (i) one parking space for every 500 additional square feet of Net Rentable Area in the Office Space (“Additional Required Spaces”) or, (ii) at Tenant’s rights to option, one parking space for every 367 square feet of Net Rentable Area in the Reserved Parking Office Space (the number of spaces in excess of the Additional Required Spaces, provided, however, Landlord hereby reserves the right to relocate the “Optional Spaces”). Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In addition(equal to 15% of the total Additional Required Spaces and, Tenantif Tenant elects to lease the same, its invitees 15% of the Optional Spaces) and licensees unreserved parking spaces shall be entitledlocated in the Parking Garage. If the Net Rentable Area of the Office Space is decreased pursuant to Section 20.(a) of the Lease, with then, after taking into consideration any Additional Space leased pursuant to Section 20.(b) of the exception Lease, the number of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces Initial Required Spaces (including Reserved Spaces) shall be reduced on a “first come, first served” basis, provided, Landlord shall retain pro rata basis (such pro rata reduction being calculated as the authority to designate, lease/easement and/or sell number of Initial Required Spaces set forth above multiplied by the use ratio of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking StructureA) the total number of square feet of Net Rentable Area of the Office Space following such reduction (but including any Additional Space leased), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined divided by Landlord; implementing parking meters or similar devices (B) the total number of square feet of Net Rentable Area of the Office Space immediately prior to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have the right to enforce the same by implementing fines, removal of vehicles and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written requestreduction).
Appears in 1 contract
Sources: Office Lease (Plains Capital Corp)
Parking Spaces. Landlord agrees (a) H/C I Owner grants to provide Tenant with each other Owner, other than (except as provided in Section 3(b) of this Article VII) H/C II Owner and Mall II Owner, the non-exclusive right to use of all the Reserved Parking Spaces throughout in the entire Term of this Lease at no additional cost to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Phase I Automobile Parking Spaces, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces Area on a “"first come, first served” " basis, subject to the provisions of this Agreement; provided that such Owner is using its Lot for its Permitted Use. In no event shall any Owner's rights and easements relating to parking comprise less than the minimum number of Parking Spaces which shall be in such a location as shall be necessary for such Owner (i) to be in compliance with all applicable Legal Requirements with respect to Parking Spaces and (ii) to conduct its business on or in its Lot in accordance with its Permitted Use (collectively, the "MINIMUM PARKING STANDARDS"); provided, Landlord however, that H/C I Owner shall retain have no obligation to alter or expand the authority Phase I Automobile Parking Area in order to designateaccommodate increased parking needs imposed upon any other Owner as a consequence of a change in the applicable Legal Requirements applicable to such Owner or a change in the intended use of such Owner's Lot. H/C I Owner may make any Alterations to the Phase I Automobile Parking Area, leaseso long as such Alterations are consistent with the Minimum Parking Standards of each Owner. Each Owner acknowledges and confirms that as of the date hereof, its rights and easements relating to parking are consistent with its Minimum Parking Standards.
(b) If H/easement and/or sell C II Owner shall construct a new and separate parking structure (the "PHASE II AUTOMOBILE PARKING AREA") on the Phase II Land for the use by H/C II Owner, Mall II Owner, H/C I Owner, Mall I Owner and SECC Owner of all the parking spaces in the Phase II Automobile Parking Area on a non-exclusive "first come, first served" basis, then H/C I Owner shall grant to H/C II Owner and Mall II Owner the non-exclusive right to use all the Parking Spaces in the Phase I Automobile Parking Area on a "first come, first served" basis, from and after the date the Phase II Automobile Parking Area shall be made available for exclusive such use to all Owners; provided that (i) such use of the Phase I Automobile Parking Area and of the Phase II Automobile Parking Area shall satisfy the Minimum Parking Standards with respect to each of H/C I Owner, Mall I Owner and SECC Owner, and (ii) a Commercially Reasonable Owner of each of the Phase I Hotel/Casino, the Phase I Mall and the SECC would consent to such use by tenantsH/C II Owner and Mall II Owner. If H/C II Owner shall construct the Phase II Automobile Parking Area to be used in accordance with the provisions of this subsection 3(b) of Article VII, adjacent property owners (only i) H/C I Owner and H/C II Owner shall agree on a commercially reasonable plan to share the costs of operating and maintaining the Automobile Parking Areas which, in East Parking Structure)the case of each of SECC Owner and Mall I Owner, Building employees a Commercially Reasonable Owner would agree to and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices which is not likely to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, have a Material Adverse Effect on such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting TenantOwner, and Landlord (ii) H/C II Owner shall have commence and continue to maintain the right to enforce the same by implementing fines, removal of vehicles and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees Phase II Automobile Parking Area in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written requesta First-class manner.
Appears in 1 contract
Sources: Reciprocal Easement, Use and Operating Agreement (Las Vegas Sands Corp)
Parking Spaces. Landlord agrees to provide A. Tenant with the exclusive use of the Reserved Parking Spaces throughout the entire Term of this Lease at no additional cost to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Parking Spaces, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have the right and option, but not the obligation, to enforce rent during the same by implementing fines, removal Term of vehicles and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant Lease (i) up to Landlord within five (5) parking spaces in the Garage on a reserved basis (the “Reserved Spaces”), and (ii) up to fifteen (15) parking spaces in the Garage on an unreserved and non-exclusive basis (the “Unreserved Spaces”). Tenant’s election to rent any or all of the Reserved Spaces shall be made in writing to Landlord no later than forty-five (45) days prior to the date on which Tenant desires to rent same, and Tenant’s election to rent any or all of the Unreserved Spaces shall be made in writing to Landlord no later than thirty (30) days prior to the date on which Tenant desires to rent same. Similarly, Tenant may elect to discontinue renting any Reserved Space or Unreserved Space (but only after ▇▇▇▇▇▇▇▇Tenant has rented such space for at least six months) by giving Landlord thirty (30) days prior written notice. Notwithstanding the foregoing, (i) following any election by Tenant to discontinue renting any of such Reserved Spaces or Unreserved Spaces, Landlord shall have no further obligations, and Tenant shall have no further rights, with respect to such Reserved Spaces or Unreserved Spaces that Tenant elects to discontinue renting, except that if Tenant later gives Landlord written notice that it desires to rent some or all of the discontinued Reserved Spaces or Unreserved Spaces and some or all of such spaces are then available for rent, Landlord shall make available and rent the available spaces to Tenant (up to the amount requested by Tenant), and (ii) as of the first day of the 25th Lease Month, Landlord shall have no further obligations, and Tenant shall have no further rights, with respect to any such spaces that Tenant has not elected to rent prior to such date, provided that if Tenant thereafter gives Landlord notice that it desires to rent some or all of such spaces and some or all of such spaces are then available for rent, Landlord shall make available and rent the available spaces to Tenant (up to the amount requested by Tenant). In determining whether any parking space is “available for rent,” as used in this Exhibit, Landlord shall be entitled to consider both its current and anticipated parking needs for the Building.
B. In addition to the Reserved Spaces and the Unreserved Spaces, Tenant shall have the right and option, but not the obligation, to rent during the Term of the Lease, on an unreserved and non-exclusive basis, one parking space in the Garage per each 1,600 square feet of Adjusted Agreed Rentable Area in the Premises (such additional parking spaces, the “Discretionary Spaces”). The term “Adjusted Agreed Rentable Area in the Premises” shall mean the Agreed Rentable Area in the Premises, less 32,000 square feet (as determined from time to time). Tenant’s election to rent any or all of the Discretionary Spaces shall be made in writing to Landlord no later than thirty (30) days prior to the date on which Tenant desires to rent same. Similarly, Tenant may elect to discontinue renting any Discretionary Space (but only after Tenant has rented such Discretionary Space for at least six months) by giving Landlord thirty (30) days prior written requestnotice. Notwithstanding the foregoing, (i) following any election by Tenant to discontinue renting any of such Discretionary Spaces, Landlord shall have no further obligations, and Tenant shall have no further rights, with respect to such Discretionary Spaces that Tenant elects to discontinue renting, except that if Tenant later gives Landlord written notice that it desires to rent some or all of the discontinued Discretionary Spaces and some or all of such spaces are then available for rent, Landlord shall make available and rent the available spaces to Tenant (up to the amount requested by Tenant), and (ii) as of the first day of the 25th Lease Month, Landlord shall have no further obligations, and Tenant shall have no further rights, with respect to any Discretionary Spaces that Tenant has not elected to rent prior to such date, provided that if Tenant thereafter gives Landlord notice that it desires to rent some or all of such spaces and some or all of such spaces are then available for rent, Landlord shall make available and rent the available spaces to Tenant (up to the amount requested by Tenant).
Appears in 1 contract
Sources: Office Lease Agreement (Pfsweb Inc)
Parking Spaces. Landlord agrees hereby grants to provide Tenant with and persons -------------- designated by Tenant ("Tenant's Designated Parkers") a license to use the exclusive use number of reserved parking spaces set forth in Paragraph 12 of the Reserved Parking Spaces throughout Basic Lease ------------ Provisions in that certain parking structure constructed on the entire Term Land ("Garage"), subject to payment of this the charge therefor set forth in Paragraph 12 of the Basic ------------ Lease at no additional cost Provisions. Prior to the Commencement Date, Landlord and Tenant shall agree in good faith upon the location of the reserved parking spaces to be allocated to Tenant. Landlord will exercise reasonable diligence to ensure 's Designated Parkers as of the Commencement Date, it being understood and agreed that other tenants such reserved parking spaces shall be contiguous parking spaces located on the second or visitors third level of the Parking Garage and shall be reasonably convenient to the Property do not infringe upon Tenant’s rights entrances to the Reserved Parking Spaces, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocksBuilding. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have the right right, upon thirty (30) days' written notice to enforce Tenant, to relocate such reserved spaces, provided that such reserved spaces shall remain contiguous parking spaces located on the same by implementing fines, removal second or third level of vehicles the Parking Garage and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished reasonably convenient to the entrances to the Building. The term of such license will commence on the Commencement Date and will continue until the earliest to occur of the Expiration Date, termination of the Lease, or Tenant's abandonment of the Premises. During the term of this license, Tenant will pay Landlord the monthly charge for such reserved spaces in the Garage in advance, with Tenant's payment of each monthly installment of Base Rent. No deductions from the monthly charge will be made for days on which the Garage are not used by Tenant. However, Tenant may reduce the number of parking spaces hereunder (whether reserved or unreserved), at any time, by providing at least thirty (30) days' advance written notice to Landlord, accompanied by any key-card, sticker or other identification or entrance system provided by Landlord within five or its parking contractor. Tenant's reduction of the number of parking spaces will be irrevocable. The remaining parking spaces which Tenant shall have a license to use pursuant to Paragraph 12 of the Basic Lease Provisions shall be unreserved ------------ (5as determined by Landlord from time to time) days after ▇▇▇▇▇▇▇▇’s written requestparking spaces in the Garage and in the surface parking lot located on the north side of the Building, it being understood and agreed that Tenant's use of such parking spaces shall be on a non-exclusive basis.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Parking Spaces. Landlord In the event that Buyer exercises the Option in accordance herewith and consummates the purchase of the Shares as contemplated herein, Buyer, Seller and the Company agree to the following, in consideration for the mutual premises and covenants contained herein:
(a) Within ninety (90) days from the Closing Date, the Company shall (and Buyer shall cause the Company to) commence the construction on the Property of a commercial multi-story parking building containing no less than 495 parking spaces and up to 20,000 square feet of commercial retail space on the ground floor (the “Parking Garage”).
(b) The Company agrees to provide Tenant with (and Buyer shall cause the exclusive use of Company to) complete, at the Reserved Company’s sole cost and expense, the Parking Spaces throughout Garage not later than seven hundred and twenty (720) days from the entire Term of this Lease at no additional cost to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to Commencement Date (the Property do not infringe upon Tenant’s rights to the Reserved Parking Spaces, “Completion Date”); provided, however, Landlord hereby reserves that the right Company shall be entitled to relocate a ninety (90) day grace period to complete the Reserved Parking Garage in the event of a delay caused by a flooding which directly affects the construction of the Parking Garage, a hurricane which affects the northeastern portion of the island of Puerto Rico, or any other unavoidable casualty or other causes beyond the control and without the fault or negligence of the Company and which by the exercise of reasonable diligence the Company is unable to prevent or provide against.
(c) In the event that the Parking Garage is not completed on or before the Completion Date or within the 90 day grace period referred to in clause (b) of this Section 6.3, Seller shall be entitled to a $1,000 credit per each day until completion of the Parking Garage, to be credited against the Parking Purchase Price (as hereinafter defined); provided, however, that the total amount to be credited against the Parking Purchase Price in accordance with this clause (c) shall not exceed $720,000. In the event that the $720,000 ceiling is reached and the Company has not yet completed the Parking Garage, then Seller, at its sole option, may be excused from compliance with its obligation to purchase the Seller Parking Spaces assigned (as hereinafter defined).
(d) The Company shall (and Buyer shall cause the Company to) construct the Parking Garage (i) in conformity with the Plans and Specifications and with all applicable present and future laws, ordinances, orders, rules, regulations and requirements of all Governmental Entities which may be applicable to Tenant the Parking Garage and/or the construction thereof; and (ii) in a good and workmanlike manner with materials of good quality. The Company shall (and Buyer shall cause the Company to) submit the Plans and Specifications to the Seller for its review and approval prior to commencing construction of the Parking Garage. The Company shall obtain Seller’s prior written consent to any and all material changes to the Plans and Specifications. .
(e) Upon completion of the Parking Garage by the Company, the Company shall (and Buyer agrees to cause the Company to), at its sole cost and expense, within sixty (60) days after the Completion Date, submit the Property, the Parking Garage and all other improvements on the Property to the Puerto Rico Condominium Act (31 L.P.R.A. § 1291 et seq.) to create a condominium regime (the “Regime”) containing at least 495 separate and individual parking space units (the “Parking Spaces”), provided that the form and substance of the deed of constitution of condominium regime, by-laws and all other documents and instruments relating to the Regime shall subject to Seller’s approval, which approval shall not be unreasonably withheld by Seller.
(f) Within thirty (30) days after the constitution of the Regime at the offices of Seller’s counsel in the Commonwealth of Puerto Rico at ten (10) o’clock in the morning (the “Parking Closing Date”), or such other date or place as may be reasonably necessary mutually agreed to by the Parties, the Company agrees to (and Buyer shall cause the Company to) sell to Seller (or to any entity designated by Seller) and Seller agrees to purchase from the Company, two hundred (200) Parking Spaces (the “Seller Parking Spaces”) for Landlord a purchase price equal to further its intentions TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($27,500) per individual parking space, for a total aggregate purchase price equal to keep each tenants’ assigned FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($5,500,000) (the “Parking Purchase Price”), pursuant to a separate purchase agreement which shall include the terms and conditions set forth in this Section 6.3. As a condition to Seller’s obligation to purchase the Seller Parking Spaces as contemplated in this Section 6.3, Seller and Buyer shall agree to the specific individual parking spaces to be sold to Seller. On the date of the sale of the Seller Parking Spaces to Seller, the Company and Seller agree to (and Buyer shall cause the Company to) execute and deliver a deed of individualization and sale containing the following terms and conditions:
(i) the Company shall transfer and convey the Seller Parking Spaces to Seller free and clear of all liens and encumbrances (other than the provisions of all documents relating to the governance of the Regime and recorded in connected blocksthe Registry of Property) and Seller shall pay to the Company the Parking Purchase Price, less the Escrow Parking Deposit (as hereinafter defined);
(ii) the Company shall undertake and accept with respect to the Seller Parking Spaces the warranties of title and against latent defects imposed on sellers of real property by the Puerto Rico Civil Code;
(iii) real property taxes and assessments relating to the Seller Parking Spaces as of the date of sale for the then current fiscal year shall be deemed to accrue on a daily basis and shall be apportioned between Seller and the Company as of such date of sale;
(iv) the deed of individualization and sale shall be executed before a Notary Public selected by Seller and Seller shall pay the notarial tariff applicable to such deed;
(v) the Company shall pay the cost of all internal revenue and legal assistance stamps required to be cancelled on the original of the deed of individualization and sale and Seller shall pay the cost of all internal revenue and legal assistance stamps required to be cancelled on the first certified copy of such deed as well as the cost of the recordation of such certified copy in the Registry of Property; and
(g) On the Closing Date Seller shall deliver to Banco Popular de Puerto Rico, as escrow agent (the “Escrow Agent”) for Seller and Buyer, an amount equal to FOUR HUNDRED THOUSAND DOLLARS ($400,000) (the “Escrow Parking Deposit”). The Escrow Agent shall hold the Escrow Parking Deposit in a segregated interest-bearing escrow account. In additionthe event that the Seller acquires the Seller Parking Spaces as contemplated in this Section 6.3, Tenantthe Escrow Parking Deposit and all income earned thereon shall be applied to the Parking Purchase Price (and Seller may so instruct the Escrow Agent in writing). In the event that Seller elects to terminate its obligation to purchase the Seller Parking Spaces as contemplated in clause (c) of this Section 6.3, the Escrow Parking Deposit and all income earned thereon shall be reimbursed to Seller (and Seller may so instruct the Escrow Agent in writing).
(h) Seller and its invitees representatives and licensees agents shall be entitled, with at any reasonable time and upon reasonable notice, from time to time after the exception of reserved Covered Completion Date and prior to the Parking Stalls now or hereafter grantedClosing Date, to use enter the Parking Garage and inspect all work done, labor performed and materials furnished with respect to the Parking Garage and the Seller Parking Spaces. Seller shall prepare and sign an inspection statement listing any available parking spaces defect in workmanship or materials which Seller discovers. If such defects listed in the inspection statement are not corrected on or prior to the Parking Closing Date, Seller, at its sole option, may (i) extend the Parking Closing Date for such additional time as Seller elects until such defects are corrected, or (ii) require that the Company agree to a “first comeprovision in the deed of individualization and sale whereby the Company covenants to correct such defects within a reasonable period of time, first served” basis, provided, Landlord shall retain but nevertheless within ninety (90) days from the authority to designate, lease/easement and/or sell date of execution of the use of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting TenantClosing Date, and Landlord shall have an amount reasonably estimated to equal the right to enforce cost of such correction is withheld from the same by implementing fines, removal of vehicles purchase price and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees placed in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written request“escrow”.
Appears in 1 contract
Sources: Option Agreement (Santander Bancorp)
Parking Spaces. (a) Throughout the Term, Tenant and Tenant’s Visitors shall have the right to use of (a) all of the automobile parking spaces to be constructed on the Land as part of the Base Building/Site Work (the “Parking Spaces”), as depicted on Sheet 5 of 17 of the Site Plans annexed hereto as Schedule J, subject to modifications of the Site Plans as permitted in Schedule B; and (b) all loading dock bays in the Building. Subject to modifications of the Site Plans as permitted in Schedule B, Landlord agrees and Tenant acknowledge that the Site Plans show a total of nine hundred seven (907) parking spaces, which includes forty five (45) exterior “banked parking spaces” that may be constructed at Tenant’s option subject to provide Tenant and in accordance with Schedule B (the “Banked Parking”), and twenty one (21) covered parking spaces. Tenant’s right to use the Parking Spaces and loading dock bays shall be subject to the right of Landlord to use Parking Spaces and the loading dock bays from time to time in connection with the exclusive use performance of Landlord’s obligations under this Lease. Landlord shall have no obligation to police the Reserved Parking Spaces throughout or to otherwise enforce the entire Term parking rights granted to Tenant hereunder. Landlord shall have no liability to Tenant for any violation of this Lease at these parking rights by any third party.
(b) The Parking Spaces shall be used by Tenant and Tenant’s Visitors only for parking of automobiles in connection with Tenant’s business conducted in the Premises and for no additional cost to Tenantother purposes. Landlord will exercise reasonable diligence have no liability for any damage to ensure that other tenants vehicles on the Premises or visitors for any loss of property from within such vehicles, or for any injury suffered by Tenant’s employees or Tenant’s Visitors, except to the Property do not infringe upon Tenantextent caused by Landlord or Landlord’s rights Agents negligence or willful misconduct. (c) Subject to the Reserved requirements of this Section 37.1(c) and other applicable provisions of this Lease, Tenant may, at its sole cost and expense and after the Commencement Date, pave over the detention basin on the Premises to provide for up to an additional fifty (50) parking spaces on the Premises (the “Additional Parking SpacesArea”). Tenant hereby covenants and agrees that the initial installation of the Additional Parking Area and related Alterations (including elimination of the detention basin and installation of any necessary replacement drainage facilities) shall be subject to the provisions of, and shall constitute Major Work under, Section 7.5, provided, however, notwithstanding the provisions of Section 7.5, Landlord hereby reserves agrees not to unreasonably withhold, delay or condition its approval of Tenant’s initial installation of the right to relocate Additional Parking Area and the Reserved Parking Spaces assigned to related Alterations. Tenant as may be reasonably shall, at its sole cost and expense, comply with all Legal Requirements (including, without limitation, Environmental Laws) and Insurance Requirements and procure and maintain all necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces permits and approvals required in connected blocks. In addition, Tenant, its invitees and licensees shall be entitled, connection with the exception operation, installation, maintenance, repair, alteration and replacement of reserved Covered the Additional Parking Stalls now or hereafter granted, to use any available parking spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees Area and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have the right to enforce the same by implementing fines, removal of vehicles and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written requestrelated Alterations.
Appears in 1 contract
Parking Spaces. Landlord agrees to provide Tenant In connection with the exclusive use leasing of the Reserved Parking Spaces throughout the entire Term of this Lease at no additional cost to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Parking Spaces, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residentsWing Premises hereunder, so long as to minimize noiseTenant shall not be in default under the Lease beyond the expiration of applicable notice and cure periods, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have the right to use four(4) parking spaces in the Automobile Parking Areas on an unreserved, unassigned basis, in common with other tenants of the Building. During the Lease Term for the East Wing Premises, Tenant shall pay to Landlord each month with the payment of Base Rent the then monthly parking charge (currently $250 per space per month) set by Landlord, regardless of whether Tenant or any invitees, employees or contractors of Tenant actually use such spaces, for each of the four (4) parking spaces (the “East Wing Parking Charges”). Such rate shall be subject to change by Landlord during the Lease Term for the East Wing Premises. Tenant shall be responsible for causing its visitors to park only in spaces or areas marked “Visitor parking” and Tenant and its employees shall not park in spaces or areas marked “Visitor-Parking” or “No parking”. Landlord reserves the right to tow any cars parked in “Visitor Parking” or “No Parking” areas at the sole expense of the owner of the improperly parked car. Landlord reserves the right to designate reserved parking spaces for the Building’s tenants. Nothing contained herein shall be deemed to create liability upon Landlord for any damage to motor vehicles of Tenant’s Permittees, or from loss of property from within such motor vehicles while parked in the Automobile Parking Areas. Landlord has the right to enforce against all users of the Automobile Parking Areas the rules and regulations set forth on the Parking Rules and Regulations attached as Exhibit C to the Lease, as the same may be amended by implementing fines, removal of vehicles and other processes allowed by lawLandlord from time to time. Tenant covenants that it will enforce may elect to discontinue the use of one or more parking by its employees in spaces upon thirty (30) days prior written notice to Landlord, and Tenant’s right to recommence the use of such designated areas. Automobile license numbers of employees’ cars discontinued spaces shall be furnished subject to availability, as determined by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written requestLandlord.
Appears in 1 contract
Parking Spaces. Landlord agrees to provide Tenant with (i) For the exclusive use effective management of the Reserved Parking Spaces throughout the entire Term of this Lease at no additional cost to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Parking Spaces, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In additionthe Proposed Sale Building and in order to avoid any later disputes, Tenant, its invitees and licensees the Developer shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available earmark parking spaces (open, in the podium or on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell parking floors or in the use ground or basement) of parking spaces the Proposed Sale Buildings for exclusive use thereof by tenantscertain acquirers of premises in the Proposed Sale Building depending on availability. The Purchaser/s agree that the Developer shall be entitled to do such earmarking at its discretion and the Purchaser/s hereby accept/s the decisions taken by the Developer in relation to such earmarking of car parking spaces. The Purchaser/s further agree/s and undertake/s that pursuant to formation and registration of the Common Legal Entity or Apex Legal Entity, adjacent property owners as the case maybe and admission of the Purchaser/s to the Common Legal Entity or Apex Legal Entity, as the case maybe as member/s thereof, the Purchaser/s shall cast his/her/their votes in the first general meeting or shareholders’ meeting, as the case may be, of the Common Legal Entity or Apex Legal Entity, as the case maybe in favour of approving such car parking earmarking as done by the Developer so that the respective person/s in whose favour the Developer has/have earmarked the car parking spaces, will be allotted such respective car parking space/s by the Common Legal Entity or Apex Legal Entity, as the case maybe for exclusive use thereof, along with rights of transferability in respect thereof.
(only ii) Notwithstanding what is stated in East Parking Structure)Clause 18(i) above, the Purchaser/s acknowledge/s and understand/s that a majority of the car parking spaces that will be provided for in the Proposed Sale Building employees and guests and/or deliveries. Such designation shall be in the form of an automated stack, mechanical pit or tower parking system or any other form of automated or mechanical parking wherein, there may also include time restrictions for customer parking as determined by Landlord; implementing parking meters be or similar devices to facilitate best parking usage; designating servicemay not be any specific identified spot/truck loading areas and delivery times restrictions place which may be made earmarked for a particular occupant of premises in the Proposed Sale Building and which shall be designed to minimize the area and/or volume required for parking cars (hereinafter referred to as “the Mechanical Parking”). The Purchaser/s is/are aware that such Mechanical Parking involves or may involve operation of one or more automated machine/s for parking and removing cars from the Mechanical Parking system and the same could be time-consuming and the Purchaser/s acknowledge/s that the Purchaser/s has/have no objection to the same. The Purchaser/s is/are aware that such Mechanical Parking may also require a valet system by appointment of qualified drivers and parking operators, for ease of parking and removing of vehicles from the parking slots in the Mechanical Parking system. The Purchaser/s hereby confirm/s that the Purchaser/s has/have no objection to the same and that the Purchaser/s shall not park his/her/their car/s at any other place in the Proposed Sale Building other than specifically designated for the sole benefit parking of certain types the vehicles of residentsthe Purchaser/occupants, s. The Purchaser/s hereby agree/s and undertake/s that the Purchaser/s shall bear the costs and expenses of the maintenance of such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any Mechanical Parking system or also keep such use designationsvalet parking facility at his/restrictions affecting Tenant, and Landlord shall have the right to enforce the same by implementing fines, her/their costs for parking or removal of vehicles cars from the Mechanical Parking system. The Purchaser/s shall not refuse to bear such costs and/or expenses on the ground of non-utilization of such Mechanical Parking system or valet parking facility or on any other ground whatsoever and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written requesthowsoever arising.
Appears in 1 contract
Sources: Agreement for Sale
Parking Spaces. Landlord agrees (a) H/C I Owner grants to provide Tenant with Mall I Owner and SECC Owner and (once the Phase II Automobile Parking Area is made available to H/C I Owner, Mall I Owner and SECC Owner) to H/C II Owner and Mall II Owner the non-exclusive right to use of all the Reserved Parking Spaces throughout in the entire Term of this Lease at no additional cost to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Phase I Automobile Parking Spaces, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces Area on a “"first come, first served” " basis, subject to the provisions of this Agreement; provided that such Owner is using its Lot for its Permitted Use. H/C II Owner grants to each of the Owners the non-exclusive right to use all the Parking Spaces in the Phase II Automobile Parking Area on a "first come, first served" basis, subject to the provisions of this Agreement; provided that such Owner is using its Lot for its Permitted Use.
(b) In no event shall any Owner's rights and easements relating to parking comprise less than the minimum number of Parking Spaces which shall be in such a location as shall be necessary for such Owner (i) to be in compliance with all applicable Legal Requirements with respect to Parking Spaces and (ii) to conduct its business on or in its Lot in accordance with its Permitted Use (collectively, the "Minimum Parking Standards"); provided, Landlord however, that neither H/C I Owner nor H/C II Owner shall retain have any obligation to alter or expand the authority Automobile Parking Areas in order to designate, lease/easement and/or sell accommodate increased parking needs imposed upon any other Owner as a consequence of a change in the applicable Legal Requirements applicable to such Owner or a change in the intended use of parking spaces for exclusive use by tenantssuch Owner's Lot. H/C I Owner and H/C II Owner may make any Alterations to the Phase I Automobile Parking Area and Phase II Automobile Parking Area, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residentsrespectively, so long as such Alterations are consistent with the Minimum Parking Standards of each Owner. Each Owner acknowledges and confirms that as of the date hereof, its rights and easements relating to minimize noiseparking are consistent with its Minimum Parking Standards.
(c) H/C I Owner and H/C II Owner shall agree on a commercially reasonable plan to share the costs of operating and maintaining the Automobile Parking Areas which, odor in the case of each of SECC Owner, Mall I Owner and other nuisances associated with commercial activities. Landlord shall notify Tenant of any Mall II Owner, a Commercially Reasonable Owner would agree to and which is not likely to have a Material Adverse Effect on such use designations/restrictions affecting Tenant, and Landlord shall have the right to enforce the same by implementing fines, removal of vehicles and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written requestOwner.
Appears in 1 contract
Sources: Reciprocal Easement, Use and Operating Agreement (Las Vegas Sands Corp)
Parking Spaces. Landlord agrees to provide So long as the Lease shall remain in -------------- effect, Tenant with or persons designated by Tenant shall have the exclusive use of right (but not the Reserved Parking Spaces throughout obligation) during the entire Term of this Lease at no additional cost to Tenant. Landlord will exercise reasonable diligence rent up to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Parking Spaces, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned ten (10) unreserved parking spaces in connected blocksspaces. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, event Tenant fails to use any available of such parking spaces on space for a “first comeperiod in excess of one hundred eighty (180) days, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have the right to enforce terminate Tenant's right to any such parking space upon notice to Tenant. Upon such notice, Landlord's obligation to provide such terminated parking spaces shall terminate. Tenant's obligation to pay for such terminated parking spaces shall terminate upon Tenant's return of any key-card, sticker, or other identification or entrance enabling device provided by Landlord. Landlord shall have no obligation to provide Tenant, and Tenant shall have no right to, any parking spaces that are so terminated by Landlord. On the same by implementing finesEffective Date, removal of vehicles the rental rate for unreserved parking spaces in the Building is$140.00 per month. In addition, Landlord shall provide parking to Tenant in the Approximate Garage, commencing on the Fourth Expansion Space Rental Commencement Date, under the terms and other processes allowed by lawconditions set forth in the Parking Agreement attached to this Amendment as Exhibit E-1. ----------- Broker. Tenant covenants represents and warrants that it will enforce has not been represented ------ by any broker or agent in connection with the parking by its employees in such designated areas. Automobile license numbers negotiation or execution of employees’ cars shall be furnished by Tenant to Landlord within five this document except ▇▇▇▇▇▇▇ Realty Corporation (5) days after "▇▇▇▇▇▇▇"). Tenant shall indemnify and hold harmless Landlord from and against all claims (including costs of defense and investigation) of any other broker or agent or similar party claiming to have represented Tenant in connection with this Amendment. Landlord shall indemnify and hold harmless Tenant from and against all claims (including costs of defense and investigation) of any broker or agent or similar party claiming to have represented Landlord in connection with this Amendment. Landlord shall be solely liable for any fee or commission due to be paid to ▇’s written request▇▇▇▇▇▇ under the Commission Registration Agreement dated June 14, 2000, entered into between Landlord and ▇▇▇▇▇▇▇ for its services rendered in connection with this Amendment.
Appears in 1 contract
Parking Spaces. Landlord agrees to provide Tenant with shall make available for Tenant's use the exclusive use of the Reserved Parking Spaces throughout without cost. Upon Tenant’s written request, Landlord shall provide Additional Parking Spaces pursuant to a separate Parking Sublease Agreement to be entered into by Landlord and Tenant, attached hereto as Exhibit B, attached hereto and made a part hereof. Tenant shall pay for each Additional Parking Space, the entire Term of this Lease at no additional cost to TenantParking Fee, set forth above, payable monthly as Additional Rent. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Parking Spaces, provided, however, Landlord hereby reserves the right to relocate designate the Reserved type and location of the Parking Spaces, and the right from time to time to change the type and location of Additional Parking Spaces. At Landlord's sole discretion, Tenant shall provide Landlord with the license plate number, year, make and model of the automobiles entitled to use the Parking Spaces, and if requested by Landlord, such automobiles shall be identified by stickers provided by Landlord, and only such designated automobiles (along with Tenant’s business visitors and guests) shall be entitled to use the Parking Spaces. The Additional Parking Spaces assigned are subject to terms and provisions of the Parking Sublease Agreement set forth in Exhibit B, and the rules and regulations as established from time to time by the owner of the Additional Parking Spaces, and Tenant agrees to fully comply with all such rules and regulations, and Landlord reserves the right to terminate Tenant’s use of such spaces if Tenant fails to so comply after reasonable notice. Landlord assumes no responsibility or liability to Tenant as may be reasonably necessary for Landlord of any kind whatsoever from any cause with respect to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of the Parking Spaces, the Additional Parking Spaces or other parking spaces for exclusive use by tenantsspaces, adjacent property owners (only in East Parking Structure)adjoining streets, Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupantssidewalks, such as residentsdriveways, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenantproperty, and Landlord shall have passage ways, or the right use thereof of anyone entitled to enforce use the same by implementing fines, removal of vehicles and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written requestarea.
Appears in 1 contract
Sources: Lease Agreement (Vaccinogen Inc)
Parking Spaces. Landlord agrees The City, for and in consideration of the rents herein reserved and of the covenants and agreements contained herein on the part of Lessee to provide Tenant be performed, leases to Lessee and Lessee leases from the City, up to 185 parking spaces (the “Parking Spaces”) in the Parking Lot pursuant to the terms contained herein, together with the non-exclusive use right of ingress to and egress from the Reserved Parking Spaces throughout over and across the entire Term of this Lease at no additional cost Parking Lot and appurtenant drives and easements to Tenantaccess ▇. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Parking Spaces, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have the right to enforce the same by implementing fines, removal of vehicles and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇ Street. The Parking Spaces shall be allocated and reserved on a non-designated basis solely for the use of the Project throughout the term of this Agreement. Notwithstanding the foregoing, the Parking Lot, excluding the Parking Spaces, will remain open to use by the public. During the Term (hereafter defined), Lessee shall have the right to adjust the number of Parking Spaces Lessee will lease and utilize, which number of Parking Spaces shall not exceed 185 (such Parking Spaces is herein referred to as the “Leased Spaces”). Lessee may exercise its right to adjust the number of Leased Spaces by providing thirty (30)-day written notice to the City of its election, which election shall become effective on the first day of the month following the thirty (30)-day notice period. If any of the Parking Spaces become temporarily unavailable for use because the Parking Lot has been damaged or destroyed or because of the need for maintenance, repairs or alterations, and other parking spaces in other City parking facilities are available for Lessee’s use, the City will attempt to make such other spaces available to serve as Lessee’s “Leased Spaces” until the Parking Lot is repaired, restored or ▇▇▇▇-▇▇▇▇-▇▇▇▇.3 altered, at the lesser of (i) the currently existing rate that the City is charging for similarly situated parking lots, or (ii) the rate charged under this Agreement. If, at any time after the initial twenty-four (24) months of the Initial Term, Lessee elects to lease or utilizes less than 130 Parking Spaces (i.e. 70% of the available 185 Parking Spaces) on average over a consecutive six (6)-month period (the “Minimum Average Leased Spaces”), then the City may, anytime thereafter, reduce the number of Parking Spaces available for Lessee to lease to a number of Parking Spaces equal to the highest number of Parking Spaces Lessee utilized during such six (6)-month measuring period upon providing Lessee at least thirty (30) days’ prior written notice of its election (the “Reduction Notice”). Notwithstanding the foregoing, the parties agree that in the event of a casualty of any kind to the Project, the number of Leased Spaces under this Agreement shall not be reduced until such time as the Project is fully restored and re-leased to 90% occupancy (the “Restoration Period”). During the Restoration Period, Lessee will notify the City regarding the number of Parking Spaces it will not need during the Restoration Period, and the City may lease said unused Parking Spaces to third parties on a month-to-month basis until Lessee provides Notice, at least 30 days in advance, that restoration of the Project is complete and it desires to once again lease the full number of Leased Spaces. The parties agree to review and discuss the Lessee’s usage of the Parking Spaces on an annual basis. If during the previous twelve (12)-month period the number of Leased Spaces were reduced by the City, the Lessee may request an increase in the number of Leased Spaces (“Increase Request”). Increase Requests shall be accompanied by good and sufficient evidence for the City to consider. City will notify Lessee of its determination within thirty (30) days of receipt of the Increase Request. Any increase in the number of Leased Spaces shall be subject to all the terms and conditions set forth herein. If, at any time while Lessee is leasing less than the full 185 Parking Spaces made available to Lessee hereunder, the City has a binding written third-party offer to lease all of the available parking spaces within the Parking Lot (i.e., those not being leased at such time by Lessee pursuant to this Lease), the City shall provide written notice to Lessee of such fact, and Lessee shall have thirty (30) days following receipt of the City’s written requestnotice in which to elect to the number of Parking Spaces Lessee will lease up to the full 185 Parking Spaces. At the end of the thirty (30)-day period, only the number of Parking Spaces for which Lessee has timely exercised its option shall be leased to Lessee by the City and become Leased Spaces. Thereafter, Lessee shall have no further right to lease any other Parking Spaces. Lessee specifically acknowledges that the Parking Lot is a public lot and shall be open to the public at all times during the term of this Agreement. Notwithstanding the foregoing, the Parking Spaces shall be allocated and reserved on a non-designated basis solely for the use of the project throughout the term of this Agreement.
Appears in 1 contract
Sources: Parking Lease Agreement
Parking Spaces. Landlord agrees Throughout the Term, Tenant shall have the right during Building Hours to provide use up to 436 parking spaces, which shall consist of up to 436 covered unreserved parking spaces (“Unreserved Parking Spaces”) in the Parking Garage, out of which Tenant may designate up to 31 as reserved parking spaces (“Reserved Parking Spaces”) with the exclusive use right to convert up to two (2) of the Reserved Parking Spaces throughout to two VIP reserved parking spaces (the entire Term “VIP Parking Spaces”). The Reserved Parking Spaces shall be located in the Parking Nest (defined below). The amount of this Lease Unreserved Parking Spaces was determined by applying a ratio of 3.75 covered unreserved parking spaces for every 1,000 square feet of Net Rentable Area in the Premises for the first 100,000 square feet of Net Rentable Area in the Premises 3.5 covered unreserved parking spaces for every 1,000 square feet of Net Rentable Area in the Premises over 100,000 square feet of Net Rentable Area in the Premises. The amount of Reserved Parking Spaces was determined by applying a ratio of 0.25 reserved parking spaces for every 1,000 square feet of Net Rentable Area in the Premises for the first 100,000 square feet of Net Rentable Area in the Premises and 0.35 reserved parking spaces for every 1,000 square feet of Net Rentable Area in the Premises over 100,000 square feet of Net Rentable Area in the Premises. Outside of Building Hours, Tenant may continue to utilize available spaces in the Parking Garage, but Tenant shall always maintain the exclusive rights at no additional cost to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights all times to the Reserved Parking Spaces, providedincluding VIP Parking Spaces, however, Landlord hereby reserves the right if any. Tenant may request to relocate the convert any Reserved Parking Space and a portion of its Unreserved Parking Spaces assigned to valet parking provided by Landlord in the ▇▇▇▇▇ Drive entrance to the Project (the “Valet Parking Spaces”) (the Unreserved Parking Spaces, Reserved Spaces, VIP Parking Spaces and Valet Parking Spaces shall be referred to collectively herein as, the “Parking Spaces”) but if Landlord determines, in Landlord’s sole discretion, that the capacity of the then current valet parking or parking garage program cannot accommodate this request then Landlord may refuse such requested conversion. Subject to the provisions contained in this Exhibit “G”, Tenant may change the number of Parking Spaces leased and paid for within the Parking Garage from time to time, but not more often than once every three (3) months, by giving Landlord written notice of the number of Parking Spaces Tenant has elected to use, which is up to 436 total Parking Spaces for the Initial Premises (the “Maximum Parking Spaces”). When Tenant gives notice of a change in parking, the notice will provide the number and type of parking being increased or decreased and, if an Unreserved Parking Space, whether or not the space is a Parking Nest space. For any expansion of the Leased Premises in the Building, Tenant shall receive rights to additional Parking Spaces, and the Maximum Parking Spaces shall be increased, at a parking ratio of 3.5 Unreserved Parking Spaces per 1,000 square feet of Net Rentable Area of additional space added to the Leased Premises (of which up to 10% may be designated at any time as additional Reserved Parking Spaces) and the Maximum Parking Spaces shall increase by such number. Tenant shall have the rights at all times to use the number of Parking Spaces in the Parking Garage it has elected to use, with Tenant’s total number of Parking Spaces not to exceed the Maximum Parking Spaces. If the Net Rentable Area of the Leased Premises shall be later reduced, then the parking ratio used for determining the Maximum Parking Spaces will be reduced based on a “last in, first out” concept. For example, if the most recent expansion of the Leased Premises added 20,000 square feet of Net Rentable Area to the Leased Premises and had a parking ratio of 3.5 Parking Spaces per 1,000 square feet of Net Rentable Area associated with the expansion, then if the reduction to the Leased Premises was less than 20,000 Net Rentable Area, the Parking Spaces would be deducted from the Maximum Parking Spaces at a 3.5 Parking Space per 1,000 square feet of Net Rentable Area ratio proportionate to the area the Leased Premises was actually reduced. All such Parking Spaces that are to be made available to Tenant as may be reasonably necessary for Landlord pursuant hereto are, except to further its intentions to keep each tenants’ assigned parking spaces the extent comprising a Reserved Space or located in connected blocks. In additionthe Parking Nest, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, available to use any available parking spaces Tenant on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have no obligation to ensure the right availability of any such Unreserved Parking Spaces to enforce any person or party (except as may be expressly provided below in Section 7 hereof). Parking Spaces may not be assigned, transferred or sublet by Tenant, except in conjunction with a permitted assignment or sublease of the same by implementing finesLeased Premises as provided in the Lease. Upon termination of this Lease, removal of vehicles and other processes allowed by law. Tenant covenants that it will enforce Tenant's rights to the parking by its employees in such designated areas. Automobile license numbers of employees’ cars Parking Spaces shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written requestterminate.
Appears in 1 contract
Parking Spaces. Landlord agrees to provide Tenant with shall have the exclusive use of the Reserved number of reserved parking spaces in the Building parking garage as set forth in Article 1 hereof and shown on Exhibit I on a 24 hour basis. Landlord shall mark ▇▇▇h spaces as "reserved" but shall have no obligation to monitor the use of such spaces. Subject to the continued effectiveness of the Parking Spaces throughout Lease (as defined below), Tenant shall have the entire Term use of this Lease at no additional cost the number of unreserved parking spaces in the St. Louis Centre Garage as set forth in Article 1 hereof during Normal Business Hours and upon payment of the Monthly Rent therefor set forth in Article 1 for such space(s), which Monthly Rent may be changed by Landlord upon thirty (30) days advance written notice given to Tenant to a rate not exceeding the lowest published (or otherwise objectively verifiable) monthly rate in the St. Louis Centre Garage, but in any event not lower than the rate for such spaces charged by the LCRA to the Landlord pursuant to the Parking Lease. Concurrent with any vacation and surrender of space by Tenant pursuant to Article 24 hereof, Tenant shall surrender one (1) parking space for each two thousand (2,000) rentable square feet (or portion thereof) of space vacated by Tenant. Landlord will exercise reasonable diligence The number of parking spaces to ensure that other tenants be surrendered by Tenant shall be allocated on a pro rata basis between the Building garage and the St. Louis Centre Garage based upon a fraction, the numerator of which is the number reserved or visitors unreserved parking spaces then available to the Property do not infringe upon Tenant’s rights Tenant hereunder, as the case may be, and the denominator or which is the total number of parking spaces then available to the Reserved Parking Spaces, Tenant hereunder; provided, however, Landlord hereby reserves the right single reserved spaces shall be surrendered prior to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned double reserved spaces. The parking spaces in connected blocks. In addition, to be surrendered by Tenant shall be designated by Tenant, its invitees subject to Landlord's reasonable approval. For example, if the Tenant surrendered 5,000 square feet of Rentable Area to Landlord, Tenant would be required to surrender 3 parking spaces. If Tenant then had 68 reserved spaces and licensees shall 107 unreserved spaces, Tenant would be entitled, with the exception of required to surrender 1 reserved Covered Parking Stalls now or hereafter granted, to use any available parking space (3 x (68/175) = 1.17) and 2 unreserved spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure3 x (107/175) = 1.83), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have the right to enforce the same by implementing fines, removal of vehicles and other processes allowed by law. Tenant covenants that it will enforce the parking by its employees in such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written request.
Appears in 1 contract
Parking Spaces. (a) Landlord agrees to provide shall make available for the use by Tenant and Tenant’s employees during the initial Term: Tenant shall be provided with thirty-five (35) parking space in the exclusive use of the Reserved North Garage and shall pay Landlord $50.00 per space per month, plus any applicable tax (“Parking Spaces throughout the entire Term of this Lease at no additional cost Fees”). The Parking Fees may be increased by Landlord on not less than thirty (30) calendar days advance notice to Tenant. Landlord will exercise reasonable diligence to ensure that other tenants or visitors to the Property do not infringe upon Tenant’s rights to the Reserved Parking SpacesOn ten (10) days’ notice, provided, however, Landlord hereby reserves the right to relocate the Reserved Parking Spaces assigned to Tenant as may be reasonably necessary for Landlord to further its intentions to keep each tenants’ assigned parking spaces in connected blocks. In addition, Tenant, its invitees and licensees shall be entitled, with the exception of reserved Covered Parking Stalls now or hereafter granted, to use any available parking spaces on a “first come, first served” basis, provided, Landlord shall retain the authority to designate, lease/easement and/or sell the use of parking spaces for exclusive use by tenants, adjacent property owners (only in East Parking Structure), Building employees and guests and/or deliveries. Such designation may also include time restrictions for customer parking as determined by Landlord; implementing parking meters or similar devices to facilitate best parking usage; designating service/truck loading areas and delivery times restrictions which may be made for the sole benefit of certain types of residents/occupants, such as residents, so as to minimize noise, odor and other nuisances associated with commercial activities. Landlord shall notify Tenant of any such use designations/restrictions affecting Tenant, and Landlord shall have the right to enforce relocate any of Tenant’s parking space(s) from the same by implementing finesNorth Garage to the Phase II Surface Parking as shown on Exhibit A attached hereto. Landlord shall also have the right to relocate any relocated spots back to the North Garage on ten (10) days’ notice. Notwithstanding the foregoing, removal Tenant shall pay $50.00 per space per month regardless of vehicles where the parking spaces are located, subject to any increase in Parking Fees for the North Garage as provided above.
(b) Parking restrictions for the parking garage shall be as follows: Mondays through Fridays from 8:00 am to 6:00 pm Saturdays from 8:00 am to 1:00 pm. Excluding the following holidays: New Year’s Day Memorial Day Independence Day Labor Day Thanksgiving Christmas Day
(c) Landlord may restrict the hours of operation, issue parking permits, install a gate system and impose any other processes allowed by lawsystem as Landlord deems necessary for the use of the Parking Area. Tenant covenants agrees that it will enforce and its employees shall comply with such rules and regulations governing use of the Parking Area as Landlord may from time to time prescribe.
(d) Tenant hereby acknowledges that Landlord has advised that it may not necessarily be the owner of the Parking Area as such is constituted from time to time. The actual owner of the Parking Area from time to time is hereinafter referred to as the “Parking Area Owner.” The Landlord (together with the Parking Area Owner) reserves the right to change the Current Parking Area or any future Parking Area and may make any maintenance, repairs or alterations Landlord deems necessary to the Parking Area including, but, not limited to the erection of a multi-level parking deck in substitution for the current surface parking, and to temporarily revoke or modify the parking rights granted to Tenant hereunder to perform such maintenance, repairs or alterations, so long as Landlord provides Tenant with a reasonable alternative parking arrangement to the extent necessary to provide the parking spaces required by its employees in this Section and Landlord uses commercially reasonable efforts to minimize any material adverse impact on available parking resulting from any such designated areas. Automobile license numbers of employees’ cars shall be furnished by Tenant to Landlord within five (5) days after ▇▇▇▇▇▇▇▇’s written requestrepairs or alterations.
Appears in 1 contract
Sources: Lease Agreement (AxoGen, Inc.)