Common use of Parking Spaces Clause in Contracts

Parking Spaces. So long as the Lease shall remain in -------------- effect, Tenant or persons designated by Tenant shall have the right (but not the obligation) during the Term of this Lease to rent up to ten (10) unreserved parking spaces. In the event Tenant fails to use any of such parking space for a period in excess of one hundred eighty (180) days, Landlord shall have the right to 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 Effective Date, 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 conditions set forth in the Parking Agreement attached to this Amendment as Exhibit E-1. ----------- Broker. Tenant represents and warrants that it has not been represented ------ by any broker or agent in connection with the negotiation or execution of this document except Xxxxxxx Realty Corporation ("Xxxxxxx"). 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 Xxxxxxx under the Commission Registration Agreement dated June 14, 2000, entered into between Landlord and Xxxxxxx for its services rendered in connection with this Amendment.

Parking Spaces. So (a) Landlord 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 vicinity of the Building. For as long as Tenant or its Affiliate leases and occupies the Lease shall remain in -------------- effectentire Retail Premises, Tenant (or persons designated by Tenant its Affiliate, as the case may be) shall have the exclusive right (but not the obligation) during the Term of this Lease to rent up to ten (10) unreserved parking spaces. In the event Tenant fails to use any of such parking space for a period in excess of one hundred eighty six (1806) days, Landlord shall have the right to 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 designated by Landlord and reserved for such terminated parking spaces shall terminate upon Tenant's return visitors 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 Effective DateRetail Space (collectively, 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 conditions set forth in the "Retail Parking Agreement attached to this Amendment as Exhibit E-1. ----------- Broker. Tenant represents and warrants that it has not been represented ------ by any broker or agent in connection with the negotiation or execution of this document except Xxxxxxx Realty Corporation (Spaces"Xxxxxxx"). 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 Xxxxxxx under the Commission Registration Agreement dated June 14, 2000, entered into between Landlord and Xxxxxxx for its services rendered in connection with this Amendment.which Retail

Parking Spaces. So long as (a) Throughout the Lease shall remain in -------------- effectTerm, Tenant or persons designated by Tenant shall have the right (but not the obligation) during the Term of this Lease to rent up to ten (10) unreserved parking spaces. In the event Tenant fails to use any of such parking space for a period in excess of one hundred eighty (180) days, Landlord and Tenant’s Visitors shall have the right to terminate 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 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 ’s option subject to and in accordance with Schedule B (the “Banked Parking”), and twenty one (21) covered parking spaces. Tenant’s right to any such parking space upon notice use the Parking Spaces and loading dock bays shall be subject to Tenant. Upon such notice, the right of Landlord to use Parking Spaces and the loading dock bays from time to time in connection with the performance of 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’s obligations under this Lease. Landlord shall have no obligation to provide Tenant, and police the Parking Spaces or to otherwise enforce the parking rights granted to Tenant hereunder. Landlord shall have no right to, liability to Tenant for any violation of these parking spaces that are so terminated rights by Landlord. On the Effective Date, the rental rate any third party. (b) The Parking Spaces shall be used by Tenant and Tenant’s Visitors only for unreserved parking spaces of automobiles in connection with Tenant’s business conducted in the Building is$140.00 per monthPremises and for no other purposes. In addition, Landlord shall provide parking will have no liability for any damage to Tenant in the Approximate Garage, commencing vehicles on the Fourth Expansion Space Rental Premises or 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 extent caused by Landlord or Landlord’s Agents negligence or willful misconduct. (c) Subject to the 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, under pave over the terms and conditions set forth in detention basin on the Premises to provide for up to an additional fifty (50) parking spaces on the Premises (the “Additional Parking Agreement attached to this Amendment as Exhibit E-1. ----------- BrokerArea”). Tenant represents hereby covenants and warrants agrees that it has 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 agrees not been represented ------ by any broker to unreasonably withhold, delay or agent condition its approval of Tenant’s initial installation of the Additional Parking Area and the related Alterations. Tenant 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 permits and approvals required in connection with the negotiation or execution operation, installation, maintenance, repair, alteration and replacement of this document except Xxxxxxx Realty Corporation ("Xxxxxxx"). Tenant shall indemnify the Additional Parking Area 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 Xxxxxxx under the Commission Registration Agreement dated June 14, 2000, entered into between Landlord and Xxxxxxx for its services rendered in connection with this Amendmentrelated Alterations.

Parking Spaces. So long as (i) For the Lease shall remain in -------------- effect, Tenant or persons designated by Tenant shall have the right (but not the obligation) during the Term effective management of this Lease to rent up to ten (10) unreserved parking spaces. In the event Tenant fails to use any of such parking space for a period in excess of one hundred eighty (180) days, Landlord shall have the right to 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 Effective Date, the rental rate for unreserved parking spaces in the Proposed Sale Building is$140.00 per month. In additionand in order to avoid any later disputes, Landlord the Developer shall provide earmark parking to Tenant spaces (open, in the Approximate Garage, commencing podium or on the Fourth Expansion Space Rental Commencement Date, under the terms and conditions set forth parking floors or in the Parking Agreement attached ground or basement) of the Proposed Sale Buildings for exclusive use thereof by certain acquirers of premises in the Proposed Sale Building depending on availability. The Purchaser/s agree that the Developer shall be entitled to this Amendment 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, as Exhibit E-1. ----------- Broker. Tenant represents the case maybe and warrants 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 it has 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. (ii) Notwithstanding what is stated in 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 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 be or may not been represented ------ by be any broker or agent specific identified spot/place which may be earmarked for a particular occupant of premises in connection with the negotiation or execution of this document except Xxxxxxx Realty Corporation Proposed Sale Building and which shall be designed to minimize the area and/or volume required for parking cars ("Xxxxxxx"hereinafter referred to as “the Mechanical Parking”). Tenant 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 indemnify and hold harmless Landlord from and against all claims (including costs of defense and investigation) of not park his/her/their car/s at any other broker place in the Proposed Sale Building other than specifically designated for the parking of the vehicles of the Purchaser/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 Mechanical Parking system or agent also keep such valet parking facility at his/her/their costs for parking or similar party claiming removal of cars from the Mechanical Parking system. The Purchaser/s shall not refuse to have represented Tenant in connection with this Amendment. Landlord shall indemnify 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 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 Xxxxxxx under the Commission Registration Agreement dated June 14, 2000, entered into between Landlord and Xxxxxxx for its services rendered in connection with this Amendmenthowsoever arising.

Parking Spaces. So long 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 Lease 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 remain (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 (and Buyer shall cause the Company to) complete, at the Company’s sole cost and expense, the Parking Garage not later than seven hundred and twenty (720) days from the Commencement Date (the “Completion Date”); provided, however, that the Company shall be entitled to a ninety (90) day grace period to complete the Parking Garage in -------------- effectthe event of a delay caused by a flooding which directly affects the construction of the Parking Garage, Tenant a hurricane which affects the northeastern portion of the island of Puerto Rico, or persons designated any other unavoidable casualty or other causes beyond the control and without the fault or negligence of the Company and which by Tenant shall have the right exercise of reasonable diligence the Company is unable to prevent or provide against. (but c) In the event that the Parking Garage is not completed on or before the obligationCompletion Date or within the 90 day grace period referred to in clause (b) during the Term of this Lease Section 6.3, Seller shall be entitled to rent up 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 (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 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) unreserved parking spaces. In o’clock in the event Tenant fails morning (the “Parking Closing Date”), or such other date or place as may be mutually agreed to use by the Parties, the Company agrees to (and Buyer shall cause the Company to) sell to Seller (or to any of such parking space entity designated by Seller) and Seller agrees to purchase from the Company, two hundred (200) Parking Spaces (the “Seller Parking Spaces”) for a period in excess of one hundred eighty purchase price equal to TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS (180$27,500) daysper individual parking space, Landlord for a total aggregate purchase price equal to FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($5,500,000) (the “Parking Purchase Price”), pursuant to a separate purchase agreement which shall have the right to 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 Effective Date, 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 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 the Registry of Property) and Seller shall pay to the Company the Parking Agreement attached 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 the event that the Seller acquires the Seller Parking Spaces as contemplated in this Amendment Section 6.3, the 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 Exhibit E-1contemplated 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 representatives and agents shall be entitled, at any reasonable time and upon reasonable notice, from time to time after the Completion Date and prior to the Parking Closing Date, to 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. ----------- BrokerSeller shall prepare and sign an inspection statement listing any defect in workmanship or materials which Seller discovers. Tenant represents 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 provision in the deed of individualization and warrants that it has not been represented ------ by any broker or agent in connection with sale whereby the negotiation or Company covenants to correct such defects within a reasonable period of time, but nevertheless within ninety (90) days from the date of execution of this document except Xxxxxxx Realty Corporation ("Xxxxxxx"). Tenant shall indemnify the Parking Closing Date, and hold harmless Landlord an amount reasonably estimated to equal the cost of such correction is withheld from the purchase price and against all claims (including costs of defense and investigation) of any other broker or agent or similar party claiming to have represented Tenant placed 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 Xxxxxxx under the Commission Registration Agreement dated June 14, 2000, entered into between Landlord and Xxxxxxx for its services rendered in connection with this Amendment“escrow”.

Parking Spaces. So long (a) H/C I Owner grants to each other Owner, other than (except as the Lease shall remain provided in -------------- effect, Tenant or persons designated by Tenant shall have the right (but not the obligationSection 3(b) during the Term of this Lease Article VII) H/C II Owner and Mall II Owner, the non-exclusive right to rent up use all the Parking Spaces in the Phase I Automobile Parking Area on a "first come, first served" basis, subject to ten (10) unreserved parking spacesthe 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 event Tenant fails to use any minimum number of Parking Spaces which shall be in such parking space for a period in excess of one hundred eighty (180) days, Landlord location as shall have the right to 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 be necessary for such terminated parking spaces shall terminate upon Tenant's return of any key-cardOwner (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, stickerthe "MINIMUM PARKING STANDARDS"); provided, or other identification or entrance enabling device provided by Landlord. Landlord however, that H/C I Owner shall have no obligation to provide Tenantalter or expand the Phase I Automobile Parking Area in order to 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 such Owner's Lot. H/C I Owner may make any Alterations to the Phase I Automobile Parking Area, so long as such Alterations are consistent with the Minimum Parking Standards of each Owner. Each Owner acknowledges and Tenant confirms that as of the date hereof, its rights and easements relating to parking are consistent with its Minimum Parking Standards. (b) If H/C II Owner shall have no right toconstruct 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, any parking spaces that are so terminated by Landlord. On Mall II Owner, H/C I Owner, Mall I Owner and SECC Owner of all the Effective Date, the rental rate for unreserved parking spaces in the Building is$140.00 per month. In additionPhase II Automobile Parking Area on a non-exclusive "first come, Landlord first served" basis, then H/C I Owner shall provide parking grant to Tenant H/C II Owner and Mall II Owner the non-exclusive right to use all the Parking Spaces in the Approximate GaragePhase I Automobile Parking Area on a "first come, commencing first served" basis, from and after the date the Phase II Automobile Parking Area shall be made available for 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 H/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, (i) H/C I Owner and H/C II Owner shall agree on a commercially reasonable plan to share the Fourth Expansion Space Rental Commencement Datecosts of operating and maintaining the Automobile Parking Areas which, under the terms and conditions set forth in the Parking Agreement attached case of each of SECC Owner and Mall I Owner, a Commercially Reasonable Owner would agree to this Amendment as Exhibit E-1. ----------- Broker. Tenant represents and warrants that it has which is not been represented ------ by any broker or agent in connection with the negotiation or execution of this document except Xxxxxxx Realty Corporation ("Xxxxxxx"). 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 likely to have represented Tenant a Material Adverse Effect on such Owner, and (ii) H/C II Owner shall commence and continue to maintain the Phase II Automobile Parking Area 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 Xxxxxxx under the Commission Registration Agreement dated June 14, 2000, entered into between Landlord and Xxxxxxx for its services rendered in connection with this Amendmenta First-class manner.

Parking Spaces. So long Seller hereby represents to Purchaser that pursuant to a certain Option Agreement dated April 27, 2007 (the “Option Agreement”) among CREFISA, Inc., D&D Investment Group, S.E. and Quisqueya 12, Inc. (“Quisqueya”), Quisqueya agreed: (i) to construct, on a parcel of land with a superficial area equal to 2,054.0303 square meters and recorded in the Registry of Property of Puerto Rico, Second Section of San Jxxx at page (folio) 282 of volume (tomo) 1,140 of Río Piedras Norte, property number 32,442 (the “Quisqueya Parcel”), a commercial multistory parking building (the “Parking Building”) containing no less than 495 parking spaces; (ii) upon completion of the construction of the Parking Building, at Quisqueya’s sole cost and expense, to submit the Quisqueya Parcel and the Parking Building to the Puerto Rico Condominium Act to create a condominium regime containing at least 495 separate and individual parking space units; and (iii) to sell and transfer to Seller, within thirty (30) days after the submission of the Quisqueya Parcel and the Parking Building to a condominium regime, 200 parking space units (the “Parking Spaces”) located in the Parking Building. Seller hereby agrees, subject to the representations, warranties, agreements, limitations, disclaimers and other terms and conditions set forth in this Agreement and as consideration for the purchase price set forth in Section 2, to sell and transfer to Purchaser, and Purchaser agrees to purchase, the Parking Spaces on or before October 31, 2009. The sale and transfer of the Parking Spaces to Purchaser shall be effected pursuant to a deed of purchase and sale in the form of Exhibit “A” annexed hereto and made a part hereof, and the costs relating to the execution and recordation of said deed shall be borne by the parties as set forth in Section 8(a). Seller’s obligation to sell the Parking Spaces to purchaser is subject to the condition precedent that (i) Purchaser shall have consummated the acquisition of the Premises (except for the Parking Spaces) as contemplated in this Agreement and shall have complied with all of its obligations arising hereunder; and (ii) Purchaser and Seller shall have executed a deed of lease and/or a lease agreement and a deed converting said lease agreement to a public instrument (the “Parking Lease”), whereby Purchaser, as landlord, shall lease and demise the Parking Spaces to Seller, as tenant. The Parking Lease shall remain in -------------- effect, Tenant or persons designated by Tenant shall have contain all the right (but not the obligation) during the Term of this Lease to rent up to ten (10) unreserved parking spaces. In the event Tenant fails to use any of such parking space for a period in excess of one hundred eighty (180) days, Landlord shall have the right to 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 Effective Date, 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 applicable terms and conditions set forth in the Deed of Lease, except that (i) the rent payable under the Parking Agreement attached Lease shall be $25,000 per month, commencing on June 1, 2008, (ii) the initial term of the Parking Lease shall be the initial term remaining under the Deed of Lease at the time of the execution of the Parking Lease, and (iii) Landlord and Tenant agree to this Amendment as Exhibit E-1amend Section 5.1 of the Deed of Lease so that the $210,000 threshold set forth therein is allocated between the Deed of Lease and the Parking Lease. ----------- Broker. Tenant represents and warrants that it Seller hereby agrees to pay said rent under the Parking Lease commencing on June 1, 2008, even if the sale of the Parking Spaces by the Seller to the Purchaser has not been represented ------ consummated and the Parking Lease has not been executed by any broker or agent in connection with the negotiation or execution of this document except Xxxxxxx Realty Corporation ("Xxxxxxx")parties by said date. 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 The Parking Lease shall be solely liable for any fee or commission due to be paid to Xxxxxxx under recorded in the Commission Registration Agreement dated June 14, 2000, entered into between Landlord and Xxxxxxx for its services rendered Registry of Property in connection with this Amendmentfavor of Seller as a first priority Lien on the Parking Spaces.

Parking Spaces. So long as the Lease shall remain in -------------- effect, Tenant or persons designated by A. Tenant shall have the right (and option, but not the obligation) , to rent during the Term of this the Lease (i) up to 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 up any or all of the Reserved Spaces shall be made in writing to ten Landlord no later than forty-five (1045) unreserved parking spacesdays 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. In 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 event foregoing, (i) following any election by Tenant fails to use discontinue renting any of such parking space for a period in excess of one hundred eighty (180) daysReserved Spaces or Unreserved Spaces, Landlord shall have the right to 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 Tenantfurther obligations, and Tenant shall have no right tofurther rights, any parking 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 that are so terminated by Landlord. On the Effective Date, the rental rate then available for unreserved parking spaces in the Building is$140.00 per month. In additionrent, Landlord shall provide parking make available and rent the available spaces to Tenant in (up to the Approximate Garageamount requested by Tenant), commencing on and (ii) as of the Fourth Expansion Space Rental Commencement Datefirst day of the 25th Lease Month, under the terms Landlord shall have no further obligations, and conditions set forth in the Parking Agreement attached Tenant shall have no further rights, with respect to this Amendment as Exhibit E-1. ----------- Broker. any such spaces that Tenant represents and warrants has not elected to rent prior to such date, provided that if Tenant thereafter gives Landlord notice that it has not been represented ------ 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 any broker or agent in connection with the negotiation or execution of this document except Xxxxxxx Realty Corporation ("Xxxxxxx"Tenant). Tenant shall indemnify and hold harmless Landlord from and against all claims (including costs of defense and investigation) of In determining whether any other broker or agent or similar party claiming to have represented Tenant parking space is “available for rent,” as used 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. Exhibit, Landlord shall be solely liable 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 fee or commission due all of the Discretionary Spaces shall be made in writing to be paid Landlord no later than thirty (30) days prior to Xxxxxxx under the Commission Registration Agreement dated June 14date on which Tenant desires to rent same. Similarly, 2000Tenant 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 notice. Notwithstanding the foregoing, entered into between (i) following any election by Tenant to discontinue renting any of such Discretionary Spaces, Landlord shall have no further obligations, and Xxxxxxx 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 its services rendered in connection 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 this Amendmentrespect 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).