Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate. B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease. C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 4 contracts
Samples: Office Lease Agreement (NYTEX Energy Holdings, Inc.), Office Lease Agreement (NYTEX Energy Holdings, Inc.), Office Lease Agreement (NYTEX Energy Holdings, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not may park in default under this Lease, throughout the Term Seven (7) Building’s parking permits facilities (the “PermitsParking Facility”) to allow access to ), in common with other tenants of the Building, upon the following terms and conditions. Tenant shall not use more than the number of unreserved and/or reserved parking spaces set forth in Section 1.9. Tenant shall pay Landlord, in accordance with Section 3, any fees for the parking garage located at the Property (the “Building Garage”) which is used spaces described in Section 1.9. Tenant shall pay Landlord any fees, taxes or other charges imposed by any governmental or quasi- governmental agency in connection with the Parking Facility, to the extent such amounts are allocated to Tenant by Landlord. Landlord shall not be liable to Tenant, nor shall this Lease be affected, if any parking is impaired by (or any parking charges are imposed as a result of) any Law. Tenant shall comply with all rules and regulations established by Landlord from time to time for the orderly operation and use of the Parking Facility, including any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, in its discretion, allocate and assign parking passes among Tenant and the other tenants in the Building. Of said Seven (7) Permits granted Tenant’s use of the Parking Facility shall be at Tenant’s sole risk, and Landlord shall have no liability for any personal injury or damage to or theft of any vehicles or other property occurring in the Parking Facility or otherwise in connection with any use of the Parking Facility by Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisits employees or invitees. Landlord may elect to establish parking zones in alter the Building Garage and if Landlord so electssize, the Permits may be issued to specifically identified vehicles and configuration, design, layout or any other aspect of the Parking Charge Facility, and, in connection therewith, temporarily deny or restrict access to the Parking Facility, in each case without abatement of Rent or liability to Tenant. Landlord may relate delegate its responsibilities hereunder to specified zone(sa parking operator, in which case (i) as determined such parking operator shall have all the rights of control reserved herein by Landlord, (ii) Tenant shall enter into a parking agreement with such parking operator, (iii) Tenant shall pay such parking operator, rather than Landlord, any charge established hereunder for the parking spaces, and (iv) Landlord shall have no liability for claims arising through acts or omissions of such parking operator except to the extent caused by Landlord’s negligence or willful misconduct. If Landlord implements a system whereby only specifically identified vehicles Tenant’s parking rights under this Section 24 are granted Permits, other vehicles shall solely for the benefit of Tenant’s employees and invitees and such rights may not be permitted to use the Building Garage transferred without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, except pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasea Transfer permitted under Section 14.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 4 contracts
Samples: Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.)
Parking. A. Throughout the Lease Term, Tenant shall have the exclusive right to use, free of charges, the number of parking spaces set forth in Section 12 of the Summary, which parking spaces constitute the entirety of the parking under the Building and the adjacent surface parking, being all of the parking in the Project. Tenant shall comply with the Parking Rules and Regulations which are in effect on the date hereof, as set forth in the attached Exhibit D and all reasonable modifications and additions thereto which are prescribed from time to time for the orderly operation and use of the Parking Areas by Landlord, and/or Landlord’s Parking Operator (as defined below); provided that such modifications or alterations do not effect Tenant’s use of or access to the Parking Areas. Landlord shall make available specifically reserve the right to Tenantchange the size, provided configuration, design, layout, of the Parking Areas, and Tenant is not in default acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) from time to allow time, temporarily close-off or restrict access to the Parking Areas, so long as Tenant retains access to the number of parking garage located at the Property (the “Building Garage”) which is used spaces set forth in connection with the operation Section 12 of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisSummary. Landlord may elect delegate its responsibilities hereunder to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge operator (the “Parking ChargeOperator”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay which case the Parking Charge Operator shall be considered an obligation have all the rights of control attributed hereby to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay RentLandlord. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence Any parking tax or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained charges imposed by governmental authorities in connection with the use of said Building Garage. Notwithstanding anything in this Section of such parking shall be paid directly by Tenant or the Lease to the contraryparking users, so long as Tenant is not in Default under this Leaseor, if directly imposed against Landlord, Tenant shall be entitled to an abatement of Parking Charges reimburse Landlord for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date all such taxes and/or charges within thirty (the “Parking Charge Abatement Period”)30) days after Landlord’s demand therefor. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If parking rights provided to Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Article 23 are provided solely for use by Tenant’s own personnel visitors and invitees and such rights may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval, except in connection with an assignment of this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use sublease of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, Premises made in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromaccordance with Article 14 above.
Appears in 4 contracts
Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)
Parking. A. (a) Landlord hereby grants to Tenant the right, in common with others authorized by Landlord, to use the parking facilities owned by Landlord and to use no more than the number of parking spaces made available to Tenant as set forth in Article 1(R) unless another tenant has a higher ratio of parking spaces to rentable square feet, in which event Tenant’s number of spaces shall be increased accordingly, at Tenant’s option, notwithstanding the number of Tenant’s employees, customers or invitees. However, until the Building is fully leased, Tenant shall have the right to rent additional spaces on a pro rata basis with other Tenants. Landlord, at its sole election, may designate the types, sizes, configuration, and locations of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall make available have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) from time to time; provided, provided Tenant however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. Tenant’s right to use the parking spaces is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking garage located at the Property (the “Building Garage”) which is used spaces except in connection with the operation an assignment of this Lease or sublease of all or a portion of the Building. Of said Seven Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval.
(7b) Permits granted to TenantCommencing on the Rent Commencement Date, each Tenant shall be standard unreservedpay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In consideration therefor, Tenant will pay addition to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in reserved hereunder by Landlord to designate the Building Garageparking rate from time to time, Landlord shall have the right to change the parking system rate at any time, hut never to exceed fair market rental for similar spaces similarly situated in Cambridge, MA, to include therein any amounts levied, assessed, imposed or required to be paid to any governmental authority on account of the parking of motor vehicles, including all sums required to be paid pursuant to transportation controls imposed by the Environmental Protection Agency under the Clean Air Act of 1970, as amended, or otherwise required to be paid by any governmental authority with respect to the parking, use, or transportation of motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollution. Tenant shall be responsible for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out full amount of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of special parking taxes imposed by any personal injuries sustained governmental authority in connection with the use of said Building Garage. Notwithstanding anything in this Section the parking facility by Tenant.
(c) If requested by Landlord, Tenant shall notify Landlord of the Lease license plate number, year, make and model of the automobiles entitled to use the contraryparking facilities and if requested by Landlord, so long as such automobiles shall be identified by automobile window stickers provided by Landlord, and only such designated automobiles shall be permitted to use the parking facilities. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional parking spaces for use by customers and invitees of Tenant is on a daily basis at prevailing parking rates, if any. At Landlord’s sole election, Landlord may make validation stickers available to Tenant for any such additional parking spaces, provided, however, if Landlord makes validation stickers available to any other tenant in the Building, Landlord shall make such validation stickers available to Tenant. In the event Tenant exceeds the number of allotted parking spaces set forth in Article I(S) or if Landlord has instituted a window sticker or other parking procedure and Tenant’s employees, customers or invitees do not comply with any such procedure, then in Default any of such events, Landlord shall be entitled to, without any liability to Tenant, its employees, customers or invitees, any vehicles not complying with Landlord’s procedures or parking in excess of such allotted number of spaces. Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, Tenant from time to time, close-off or restrict access to the parking facility for purposes of permitting or facilitating necessary construction, alteration or improvement. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the parking facility in which case such parking operator or lessee shall be entitled have all the rights of control attributed hereby to an abatement of Parking Charges the Landlord.
(d) The parking facilities provided for herein are provided solely for the Permits in the amount accommodation of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the TermTenant, and Landlord assumes no responsibility or liability of any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant kind whatsoever from whatever cause with respect to the Abated Parking Charges shall be null automobile parking areas, including adjoining streets, sidewalks, driveways, property and void and of no further force passageways, or effect. The payment the use thereof by Tenant of the Abated Parking Charges in the event of a Default shall or tenant’s employees, customers, agents, contractors or invitees. Tenant may not limit assign, transfer, sublease or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing otherwise alienate the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle parking facilities without Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom’s prior written consent.
Appears in 4 contracts
Samples: Consent to Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.)
Parking. A. Landlord shall make available to provide Tenant, at no additional cost to Tenant (other than as an Operating Expense of the Project as provided Tenant is not in default under this Leasefor below), throughout with the Term Seven (7) number of parking permits spaces (the “PermitsParking Allotment”) derived by multiplying Tenant’s Project Share, as defined in Section 4.05(b), by the total number of parking spaces, from time to allow access to time, in the Project Common Area. The parties acknowledge that the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted spaces shall not be designated for Tenant’s use but shall instead be available to Tenant and Tenant’s customers on an unreserved, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, firstdesignated nonexclusive first come-come, first-first serve basis. Landlord The parking spaces may elect to establish include a mixture of surface and structured parking zones in the Building Garage for compact and if Landlord so electsfull-size passenger automobiles, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consentin its sole discretion. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system shall have no liability for the Building Garage use of any such parking spaces by anyone other than Tenant, Tenant’s Parties or Tenant’s visitors. In the event Landlord elects or is required by any law to provide special requirements for weekendlimit or control parking at the Building, holiday or after hours usage and to temporarily close the Building GarageProject Buildings, or portions thereof to make such repairs the Project, whether by validation of parking tickets or alterations as Landlord may deem appropriate.
B. In consideration for the Permitsany other method of assessment, Tenant covenants and agrees to pay to Landlord during the Termparticipate, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued at no cost to Tenant, in such validation or assessment program under such reasonable rules and such Parking Charge regulations as are from time to time established by Landlord. Except as otherwise expressly provided herein, all costs and expenses associated with parking areas serving the Project shall be paid monthly included in advance as hereinabove providedOperating Expenses. A pro rata Tenant shall not, at any time, park or permit to be parked any recreational vehicles, inoperative vehicles or equipment in the Project Common Area or on any portion of such Parking Charge shall be payable for the (i) first partial calendar month Project. Tenant agrees to notify its employees and invitees of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)parking provisions contained herein. If Tenant Defaults at or its employees or invitees park any time during vehicle within the TermProject in violation of these provisions, and any extension thereofthen Landlord may, and upon prior written notice to Tenant, give Tenant fails one (1) day to cure remove such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlordvehicle(s), in addition to any other remedies Landlord may have under this Lease, charge Tenant, as Additional Rent, and Tenant agrees to pay, as Additional Rent, One Hundred Dollars ($100) per day for each day or partial day that each such vehicle is so parked within the Project. Landlord reserves the right to grant easements and access rights to others for use of the parking areas on the Property, provided hereunderthat such grants do not materially interfere with Tenant’s use of the parking areas. With respect to the parking spaces serving the Project, as of the date hereof, the parking ratio for the Project is approximately 3.19 spaces per 1,000 square feet of rentable area of the Project. Subject to terminate any lower parking ratio that may be applicable as a consequence of any governmental law or regulation that may be in effect from time to time, Landlord agrees that during the Permits and tow any vehicles which are in violation Term, the parking ratio for the Project shall not be less than 3.00 spaces per 1,000 square feet of said rules and regulations from rentable area of the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromProject.
Appears in 3 contracts
Samples: Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp)
Parking. A. Landlord shall make available agrees to Tenantconstruct, provided Tenant is not in default under this Leaseat Landlord’s sole cost and expense, throughout the Term Seven (7) a surface parking permits lot on a lot located on Hull Street and owned by Landlord (the “Permits‘Parking Lot”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month exclusive use of Tenant and its employees for the parking of motor vehicles. The Parking Lot will allow for up to forty-eight (48) parking spaces in accordance with the parking schematic attached hereto as Exhibit B (the Parking Schematic”). Landlord will provide Tenant with “UA Parking” hang tags to be displayed in each motor vehicle and a sign at the entrance of the Lease Term Parking Lot specifying that the Parking Lot is for Tenant’s sole and exclusive use. Management of the efficient use and maximum capacity of the Parking Lot in accordance with the Parking Schematic shall be the responsibility of Tenant. Beginning on the Substantial Completion Date (as defined below) and ending on the Termination Date, Tenant shall lease the entire Parking Lot from Landlord and shall pay rent for the Parking Lot in the event the term hereof expires on a date other than the last day amount of a calendar $50.00 per parking space per month. Tenant’s obligation to pay The “Substantial Completion Date” shall occur on that date that Landlord completes the striping of the Parking Charge shall be considered an obligation to pay Rent Lot. All monthly payments for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge Lot shall be deemed to be a default in the payment of Additional Rent. As additional consideration Landlord shall be responsible for all costs of operating the aforesaid PermitsParking Lot, including maintenance costs, electricity/lighting costs, real estate taxes, insurance costs, and snow removal costs. Tenant hereby waives on behalf of itself all claimsshall indemnify, whether based on negligence or other grounds, against defend (at Tenant’s cost) and save harmless the Landlord, its agents members and employees arising out of employees, from and against any loss and all actions, claims or damage to automobiles or other property while located demands, suits at law, in the Building Garageequity, or arising out before administrative tribunals, due to the negligence, intentional wrongful acts, or alleged negligence or intentional wrongful acts of Tenant, its officers, employees, sublessees, agents, contractors, business invitees or visitors (except to the extent caused by any personal injuries sustained intentional wrongful act or negligence of the Landlord, its members and employees) in connection with the use of said Building Garage. Notwithstanding anything the Parking Lot or in this Section connection with any breach or default in performing any of the Lease to the contrary, so long as Tenant is not in Default obligations under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay Third Amendment. Landlord and Tenant acknowledge that the Parking Charge specified above, or to comply with the rules and regulations governing the use Lot is a temporary part of the Building Garageparking facilities at the Project. Upon such time that Landlord makes available another parking area for the tenants at the Project (the “Substitute Parking Area”), including but not limited Landlord shall have the right to terminate Tenant’s parking rights in the Parking Lot and relocate Tenant’s parking spaces to the rules establishing Substitute Parking Area, provided Landlord delivers written notice to Tenant at least six (6) months prior to relocation of such parking spaces. At the time limits on of such notice, Landlord shall determine the number of parking spaces in use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage by Tenant at the sole cost Parking Lot and expense shall provide for the same number of Tenant and without liability for damages resulting therefromparking spaces in the Substitute Parking Area at market rates.
Appears in 3 contracts
Samples: Lease (Under Armour, Inc.), Lease (Under Armour, Inc.), Lease Agreement (Under Armour, Inc.)
Parking. A. Landlord From and after the Commencement Date for each Building, Tenant shall make available have the right, at no cost to Tenant, provided Tenant is not in default under this Lease, throughout during the Term Seven (7) parking permits (the “Permits”including Extension Term, if applicable) to allow access non-exclusive use of the number of parking spaces indicated as such Building’s “Minimum Parking” in the Basic Lease Information (subject to Paragraph 45 below), which includes, in part, a specified number of non-exclusive stalls for each Building in the parking garage located at the Property (the “in Building Garage”) which is used in connection with the operation #1 of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord Project as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. shown on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge Exhibit “A” (the “Parking ChargeGarage”) equal ), all in locations reasonably designated by Landlord. Landlord shall not be obligated to enforce Tenant’s Minimum Parking or to reserve spaces either in the sum of $0.00 per month for each Permit issued to TenantParking Garage or on the surface auto court. Landlord may, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable at its option, install a security gate and/or other access devices for the Parking Garage (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, although Landlord shall not be obligated to do so and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults may discontinue it at any time during the Term), and any extension thereofLandlord shall provide parking passes and/or access keys or cards for the number of parking spaces included in Minimum Parking that are in the parking garage; provided that such items are provided to Tenant solely for use by Tenant, and Tenant fails to cure such Default within any applicable cure period under the Leasemay not be transferred, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges assigned (except in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions connection with an assignment of this Lease.
C. The failure ), or subleased (except in connection with a sublease of this Lease and then in proportion to timely the space sublet) without Landlord’s prior written approval. Tenant shall not be obligated to pay for the Minimum Parking, provided that Landlord, at its sole election, may charge for the use of parking spaces in the Parking Charge specified aboveGarage in excess of the Minimum Parking. Tenant shall comply, or and shall use best efforts to comply cause Tenant’s employees, visitors and invitees to comply, with all rules and regulations prescribed by Landlord from time to time for the Parking Garage and surface parking. Tenant’s use of and rights to the Minimum Parking shall be subject to the Encumbrances and the rules and regulations governing of Landlord for such parking facilities which may be established or altered by Landlord at any time or from time to time during the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromTerm.
Appears in 3 contracts
Samples: Sublease (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.)
Parking. A. Tenant shall be entitled to use, commencing on the Commencement Date, the number of unreserved parking passes set forth in Article 1.I. of the Basic Lease Provisions, which parking passes shall pertain to the Project parking facility. Tenant shall not be required to pay to Landlord any fee for such parking passes. However, Tenant shall make available be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations, provided and Tenant is not being in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the size, configuration, design, layout and all other aspects of the Project parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage facility at any time and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants acknowledges and agrees that Landlord may, without incurring any liability to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum Tenant and without any abatement of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default rent under this Lease, from time to time, close-off or restrict access to the Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may, from time to time, relocate any reserved parking spaces (if any) rented by Tenant shall be entitled to an abatement of Parking Charges for the Permits another location in the amount of $0.00 per month for the full Term Project parking facility. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the Lease, beginning with parking facility in which case such parking operator or lessee shall have all the Commencement Date (rights of control attributed hereby to the “Parking Charge Abatement Period”)Landlord. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment parking passes rented by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease Article 23 are provided to Tenant solely for use by Tenant's own personnel and such passes may not be transferred, assigned, subleased or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseotherwise alienated by Tenant without Landlord's prior approval.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 3 contracts
Samples: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)
Parking. A. Tenant shall have the right to use with other tenants or occupants of the Complex the parking spaces in the common parking areas of the Complex, of which the Tenant’s share is 75 parking spaces. Tenant agrees that Tenant, Tenant’s employees, agents, representatives and/or invitees shall not use parking spaces in excess of said 75 spaces allocated to Tenant hereunder. Landlord shall make available have the right, at Landlord’s sole discretion, to specifically designate the location of Tenant, provided Tenant is not in default under this Lease, throughout ’s parking spaces within the Term Seven (7) common parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation areas of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges Complex in the event of a Default dispute among the tenants occupying the building and/or Complex referred to herein, in which event Tenant agrees that Tenant, Tenant’s employees, agents, representatives and/or invitees shall not limit or affect use any of parking spaces other than those parking spaces specifically designated by Landlord for Tenant’s use. Said parking spaces, if specifically designated by Landlord to Tenant, may be relocated by Landlord at any time, and from time to time. Landlord reserves the right, at Landlord’s other rightssole discretion, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Periodrescind any specific designation of parking spaces, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant thereby returning Tenant’s parking spaces to the provisions common parking area. Landlord shall give Tenant written notice of this Lease.
C. The failure to timely pay the Parking Charge specified aboveany change in Tenant’s parking spaces. Tenant shall not, at any time, park, or permit to comply be parked, any trucks or vehicles adjacent to the loading areas so as to interfere in any way with the rules and regulations governing the use of such areas, nor shall Tenant at any time park, or permit the Building Garage, including but not limited to parking of Tenant’s trucks or other vehicles or the rules establishing time limits on the use trucks and vehicles of said Permits, shall entitle LandlordTenant’s suppliers or others, in addition any portion of the common area not designated by Landlord for such use by Tenant. Tenant shall not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the common parking area or other common areas of the Complex. Tenant agrees to assume responsibility for compliance by its employees with the parking provision contained herein. If Tenant or its employees park in other than such designated parking areas, then Landlord may charge Tenant, as an additional charge, and Tenant agrees to pay, Ten Dollars ($10.00) per day for each day or partial day each such vehicle is parked in any area other than that designated. Tenant hereby authorizes Landlord to attach violation stickers or notices to any other remedies provided hereunder, vehicle belonging to terminate the Permits and tow any vehicles which are Tenant or Tenant’s employees parked in violation of said rules and regulations these provisions. If after notice of violation, a vehicle belonging to Tenant or a Tenant’s employee remains in violation of these provisions, Tenant hereby authorizes Landlord, at Tenant’s sole expense, to tow away such vehicle from the Building Garage at Complex. Tenant shall use the sole cost parking areas for vehicle parking only, and expense of Tenant and without liability shall not use the parking areas for damages resulting therefromstorage.
Appears in 3 contracts
Samples: Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.)
Parking. A. Landlord hereby agrees to make available to Tenant and Tenant shall make lease from Landlord during the full Term of this Lease Agreement parking permits (hereinafter collectively referred to as the “Parking Permits”) for twenty (20) parking spaces (hereinafter collectively referred to as Tenant’s “Building Basement Spaces”) in the basement of the Building (hereinafter referred to as the “Building Basement”), upon the following terms and conditions:
(1) All of Tenant’s Building Basement Spaces will be reserved parking spaces;
(2) Five (5) of the Parking Permits shall be without charge to Tenant for the first five (5) years of the term of this Lease Agreement (the “Free Parking Permits”). Thereafter, Tenant shall pay for the Free Parking Permits at the then prevailing market rental rate for Building Basement Spaces, as determined by Landlord in its good faith discretion;
(3) Tenant shall pay for the remaining Parking Permits at a rate equal to $100 per month per Parking Permit plus all applicable taxes thereon;
(4) Landlord will issue to Tenant parking tags, stickers or access cards for the Parking Permits, or will provide a reasonable alternative means of identifying and controlling vehicles authorized to park in the Building Basement; and
(5) If for any reason Landlord fails or is unable to provide any of Tenant’s Building Basement Spaces covered by the Parking Permits to Tenant at any time during the Term or any renewals or extensions hereof, and such failure continues for five (5) business days after Tenant gives Landlord written notice thereof, then, in addition to all other rights and remedies available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay rental for any of Tenant’s Building Basement Spaces covered by the Parking Charge Permits which is not provided by Landlord shall be considered an obligation to pay Rent abated for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is does not in Default under this Lease, Tenant have the use thereof space and Landlord shall use its diligent good faith efforts to provide alternative parking arrangements for the number of vehicles equal to the number of parking spaces covered by the Parking Permits not provided by Landlord. This abatement and offer of alternative parking arrangements shall be entitled in full settlement of all claims that Tenant might otherwise have against Landlord by reason of Landlord’s failure or inability to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for provide Tenant with such parking spaces.
B. Landlord hereby agrees to make available to Tenant during the full Term of the Lease, beginning with the Commencement Date this Lease Agreement one hundred eighty-seven (187) parking spaces (the “Garage Parking Charge Abatement PeriodSpaces”) in the garage owned by Landlord located south of the Building (the “Garage”), sixty (60) of which shall be on a “take and pay” basis (the “Employee Contract Spaces” and the remaining one hundred twenty-seven (127) spaces being hereinafter referred to as the “Allocated Spaces”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.Twenty
Appears in 3 contracts
Samples: Lease Agreement (Foundation Healthcare, Inc.), Lease Agreement (University General Health System, Inc.), Lease Agreement (University General Health System, Inc.)
Parking. A. a. As a minimum, Landlord shall make available to Tenant, provided will provide Tenant is not in default under this Lease, throughout the Term Seven with one hundred eighty (7180) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used spaces in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on SaturdaysArea, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking at no charge (the “Minimum Parking ChargeSpaces”). One-half (1/2) equal of the Minimum Parking Spaces shall be made available upon the Commencement Date for Phase 1 of the Project, and the remaining one-half (1/2) of the Minimum Parking Spaces shall be made available upon the Commencement Date for Phase 2 of the Project.
b. In addition to the sum of $0.00 per month for each Permit issued to Minimum Parking Spaces, Landlord shall provide Tenant, and such Tenant hereby takes from Landlord, three hundred forty (340) additional parking spaces to accommodate Tenant’s extraordinary parking requirements for the Premises (the “Additional Parking Charge Spaces”). Two hundred ten (210) of the Additional Parking Spaces shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event made available upon the Commencement Date occurs on a date other for Phase 1 of the Project, and the remaining one hundred thirty (130) of the Additional Parking Spaces shall be made available upon the Commencement Date for Phase 2 of the Project. Upon Tenant’s written request, Landlord will use reasonable efforts to make available upon the Commencement Date for Phase 1 more than the first day of a calendar month, and required two hundred ten (ii210) for the last partial calendar month of the Lease Term in Additional Parking Spaces. In addition, to the event extent permitted by applicable Legal Requirements and the term hereof expires on a date other than physical constraints of the last day Land, Landlord will use best efforts (not to include the bringing of a calendar month. Tenant’s obligation lawsuits) to pay provide up to an additional one hundred thirty (130) parking spaces (the “Supplemental Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Spaces”), which Supplemental Parking Charge Spaces shall be deemed to be a default in part of the Additional Parking Spaces and shall be subject to the provisions hereof applicable to the Additional Parking Spaces, including, without limitation, payment of Rentparking rental therefor as described below. As additional consideration However, if Landlord fails to provide the Supplemental Parking Spaces, on or before the Commencement Date for the aforesaid PermitsPhase 2 for any reason whatsoever (or, Tenant hereby waives on behalf of itself once provided, all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section portion of the Lease to Supplemental Parking Spaces are no longer usable by Tenant as a result of the contraryacts or omissions of Landlord), so long as Tenant is not in Default under this Leasethen the following provisions shall apply: From the Commencement Date for Phase 2 until the expiration of eight (8) years after the Commencement Date for Phase 2, Tenant shall be entitled to an abatement of Parking Charges for receive a monthly credit against the Permits in the amount of Base Rent to become due hereunder, such credit to be equal to (i) Twenty and No/100 ($0.00 20.00) Dollars per space (not to exceed eighty (80) spaces) per month for the full Term each space between one (1) and eighty (80) of the LeaseSupplemental Parking Spaces that Landlord fails to provide, beginning with and (ii) Ten and No/100 ($10.00) Dollars per space per month for each space between eighty-one (81) and one hundred thirty (130) of the Supplemental Parking Spaces that Landlord fails to provide. For example purposes only, if Landlord provides sixty-five (65) of the Supplemental Parking Spaces, then the Base Rent credit shall be a total of $76,800.00, prorated at $800.00 per month from the Commencement Date for Phase 2 until the expiration of eight (8) years after the “Parking Charge Abatement Period”)Commencement Date for Phase 2. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If In addition, if Tenant Defaults at any time during the Termbecomes entitled to such Base Rent credit and, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant prior to the Abated expiration of eight (8) years after the Commencement Date for Phase 2, Landlord provides from time to time ail or any portion of the one hundred thirty (130) Supplemental Parking Charges Spaces, then commencing on the date(s) that Landlord provides the one hundred thirty (130) Supplemental Parking Spaces (or any portion thereof), the Base Rent credit from each such point forward shall be null and deemed to be void and of no further force or effecteffect with respect to the number of Supplemental Parking Spaces provided by Landlord, and such credit shall be prorated for any partial month in which the one hundred thirty (130) Supplemental Parking Spaces (or any portion thereof) are made available to Tenant.
c. The Additional Parking Spaces shall be subject to a monthly rental charge payable by Tenant to Landlord in the amount of Forty-Two and 13/100 ($42.13) Dollars for each of the Additional Parking Spaces, plus tax, the total amount of such parking rental to be payable to Landlord as Additional Rent at the same time and in the same manner as the monthly installments of Base Rent. The payment parking rental for the Additional Parking Spaces shall be adjusted at the beginning of the fourth (4th) Lease Year and each Lease Year thereafter based on increases in the CPI, in the same manner as CPI increases for the Base Rent as described in Section 3 above.
d. Subject to compliance with alt applicable Legal Requirements, and the terms hereof, Tenant may post signs or other markings in connection with the Parking Area. In addition, since Tenant is responsible for its own security for the Project, Landlord is not responsible for policing or towing any cars wrongfully parked in any of Tenant’s parking spaces.
e. All parking spaces are to be in the Parking Area for the Building, and will be constructed by Landlord in accordance with all applicable Legal Requirements. All spaces leased by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits hereunder shall be abatedused by Tenant’s officers, employees, visitors, agents, contractors, assignees, subtenants and all Base Rent, Additional Rent and other costs and charges specified in invitees. All parking provided for under this Lease shall remain as due and payable pursuant be available twenty-four (24) hours per day, seven (7) days per week, subject to Force Majeure.
f. As part of the improvements to the provisions Project, Landlord will construct a decorative security wall and fence around the Project, along with a free-standing guardhouse at the entrance to the Parking Area. These additional features will be constructed by Landlord prior to the Commencement Date for Phase 1. As a reimbursement to Landlord for the cost of such additional features, Tenant shall pay to Landlord a monthly rental charge equal to Six Hundred Fifty and No/100 ($650.00) Dollars per month, plus tax, the total amount of such rental to be payable to Landlord as Additional Rent at the same time and in the same manner as the monthly installments of Base Rent. The monthly charge for such additional features shall be adjusted at the beginning of the fourth (4th) Lease Year and each Lease Year thereafter based on increases in the CPI, in the same manner as CPI increases for the Base Rent as described in Section 3 above.
g. Except for its negligence, willful misconduct or breach of this Lease, Landlord shall not be liable for any damage to automobiles of any nature whatsoever to, or any theft of, automobiles or other vehicles or the contents thereof, while in or about the parking lots.
C. The failure h. If Landlord does not provide the Minimum Parking Spaces and the Additional Parking Spaces to timely pay Tenant by the Commencement Date for Phase 2 (subject to any Tenant Delays and Force Majeure events), then, provided that Tenant has not taken occupancy of Phase 2, Tenant shall have the right to terminate this Lease by written notice to Landlord delivered within ten (10) days after the Commencement Date for Phase 2, whereupon Tenant shall vacate and surrender Phase 1 to Landlord in the manner required by this Lease within one (1) year after the date of Tenant’s termination notice, Landlord shall return to Tenant the Security Deposit, plus Landlord shall reimburse Tenant for the actual, reasonable out-of-pocket costs incurred by Tenant regarding this Lease (but not to exceed One Hundred Fifty Thousand and No/100 ($150,000.00) Dollars), and both parties shall be relieved of all further obligations hereunder; provided, however, that if Landlord provides the Minimum Parking Charge specified aboveSpaces and the Additional Parking Spaces within fifteen (15) days after receipt of Tenant’s termination notice, or then the termination notice will be deemed to comply with be void and rescinded, and the rules Lease shall continue in full force and regulations governing the use effect. Within ninety (90) days after Tenant’s termination notice, Tenant shall notify Landlord of the Building Garageexact date that Tenant will vacate and surrender Phase 1, including but not limited which date shall be (a) no earlier than ninety (90) days after the date of Tenant’s notification of such exact date, and (b) no later than one (1) year after the date of Tenant’s termination notice. Rent for Phase 1 shall be prorated through the date that Tenant so vacates and surrenders Phase 1 to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 3 contracts
Samples: Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.)
Parking. A. Beginning on the earlier to occur of the date that Tenant first occupies the Premises for the conduct of its business or the Rent Commencement Date (the “Parking Commencement Date”), Landlord shall make available grants to Tenant, provided Tenant is not subject to the terms hereof, a license to use the number of parking spaces in default under this Lease, throughout the Term Seven (7) Building’s parking permits garage (the “Permits”) to allow access to the parking garage located at the Property (the “Building Parking Garage”) which is used in connection with the operation an amount not to exceed 1.45 parking spaces per 1,000 rentable square feet of the Building. Of said Seven third (73rd) Permits granted to Tenantfloor and fifth (5th) floor portions of the Premises, each as evidenced by parking passes, which parking spaces shall be standard used by Tenant’s employees on an unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so electsAccordingly, the Permits may be issued to specifically identified vehicles and as of the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted PermitsCommencement Date, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system and for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during remainder of the Term, as Additional Rent thereunder, a Tenant shall license ninety-five (95) parking charge passes (the “Parking ChargePasses”) equal ). Landlord shall not withhold its consent to the sum a proposed sublease of $0.00 per month for each Permit issued additional parking spaces to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date Tenant by any other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located tenant in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant no Event of Default is not in Default then continuing under this Lease, such sublease terminates automatically upon the termination of such other tenant’s lease, and the charges for such sublease are not less than the then-current rates for parking spaces under this Lease or more than that permitted to be charged by Landlord pursuant to Applicable Laws (as defined below). Tenant shall have no right to assign or otherwise transfer the Parking Passes other than in connection with an assignment of this Lease or to a subtenant under an approved sublease or pursuant to a Permitted Transfer (as defined below). Commencing on the Parking Commencement Date, Tenant shall pay Landlord (or at Landlord’s election, directly to the parking operator) for all of the Parking Passes, whether or not used, at the market rate charged by Landlord, which shall be entitled consistent with the rates charged in the Alewife area (including Cambridge Discovery Park and 000 XxxxxxxxxXxxx Xxxxx) (currently $145.00 per month per pass), as such rate may vary from time to an abatement time and as determined by Landlord in good faith. If, for any reason, Tenant shall fail timely to pay the charge for any of said Parking Charges Passes, and if such default continues for ten (10) days after written notice thereof on more than one (1) occasion in any one 12-month period, Tenant shall have no further right to the Parking Passes and associated parking rights for which Tenant failed to pay the charge under this Section and Landlord may allocate such Parking Passes and associated parking rights for use by other tenants of the Building free and clear of Tenant’s rights under this Section. Tenant agrees not to use spaces in the parking facilities in excess of Tenant’s allocation of parking passes as determined in accordance with the ratio set forth above and agrees to cooperate with Landlord and other tenants in the use of parking facilities. Landlord may designate parking facilities at the Property for the Permits in handicapped, visitors to the amount Property and for exclusive use by other tenants. Landlord may install signage or implement a pass or sticker system to control parking use, and may employ valet parking at no cost to Tenant (including by use of $0.00 per month for off-site premises), to meet the full Term requirements of this Section. To the extent applicable to Tenant’s use of the Leaseparking spaces, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount provisions of Parking Charges for the Permits abated during the Parking Charge Abatement Period this Lease shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Termapply, and any extension thereof, Landlord may promulgate reasonable rules and Tenant fails regulations of general applicability from time to cure time with respect to such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become use. Except due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and negligence or willful misconduct of no further force Landlord or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rightsemployees, pursuant agents or contractors, but subject to this Lease Section 9.7, Landlord assumes no responsibility whatsoever for loss or at law damage due to fire, theft or otherwise to any automobile(s) parked in equitythe parking facilities or to any personal property therein, however caused, and Tenant agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. During In connection with the repair and/or maintenance of the Parking Charge Abatement PeriodGarage, only Parking Charges for Landlord shall have the Permits shall be abated, and right to temporarily relocate all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use any portion of the Building Garage, including but available parking spaces therein to other parking lots or garages that are not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations more than one-quarter (1/4) mile from the Building Garage at the sole cost and expense of Building, provided, however that Tenant and without liability shall not pay any additional charges costs for damages resulting therefromsuch relocated parking spaces.
Appears in 3 contracts
Samples: Lease Agreement (Codiak BioSciences, Inc.), Lease Agreement (Codiak BioSciences, Inc.), Lease Agreement (Codiak BioSciences, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not allocated and shall have the non-exclusive right to use the non-exclusive parking spaces located within the Project from time to time, for its use and the use of Tenant’s Agents, in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection common with the operation other tenants of the BuildingProject, up to, but not exceeding, the lesser of (i) the number of allocated parking spaces set forth in Section H of the Summary, or (ii) the Tenant’s Share of the non-exclusive parking spaces available for use within the Project from time to time (which as of the Effective Date is the percentage set forth in Section G of the Summary), the location of which parking spaces may be designated from time to time by Landlord. Of said Seven (7) Permits granted Tenant shall not at any time use more parking spaces than the number so allocated to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to or park its vehicles or the vehicles of others in any portion of the Project not designated by Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisexclusive parking area. Landlord may elect Tenant shall not have the exclusive right to establish use any specific parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlordspace. If Landlord implements a system whereby only specifically identified vehicles are granted Permitsgrants to any other tenant the exclusive right to use any particular parking space(s), other vehicles Tenant shall not be permitted to use such spaces. Tenant shall not park or store vehicles at the Building Garage Project for more that (24) hours without the Landlord’s prior written consentconsent in Landlord’s sole and absolute discretion. Such unauthorized vehicles may be towed at Tenant’s expense. Landlord reserves the right upon written notice posted in the Building Garageright, after having given Tenant reasonable notice, to change have any vehicles owned by Tenant or Tenant’s Agents utilizing parking spaces in excess of the parking system spaces allowed for the Building Garage Tenant’s use to provide special requirements for weekend, holiday or after hours usage be towed away at Tenant’s cost. All trucks and to temporarily close the Building Garage, or portions thereof to make delivery vehicles shall be (i) parked in such repairs or alterations areas as Landlord may deem appropriate.
B. In consideration for designate from time to time, (ii) loaded and unloaded in a manner which does not interfere with the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum businesses of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month other occupants of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthProject, and (iiiii) for permitted to remain on the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, Project only so long as Tenant is not reasonably necessary to complete loading and unloading. In the event Landlord elects or is required by any Law to limit or control parking in Default under this Leasethe Project, whether by validation of parking tickets or any other method of assessment, Tenant shall be entitled agrees to an abatement of Parking Charges for the Permits participate in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period validation or assessment program under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the such rules and regulations governing the use of the Building Garage, including but not limited as are from time to the rules establishing time limits on the use of said Permits, shall entitle established by Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 3 contracts
Samples: NNN Office Lease (Aridis Pharmaceuticals, Inc.), Office Lease (Monolithic Power Systems Inc), Gross Lease (Alphasmart Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not may park in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved ’s parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge facilities (the “Parking ChargeFacility”) equal ), in common with other tenants of the Building, upon the following terms and conditions. Tenant shall not use more than the number of unreserved and/or reserved parking spaces set forth in Section 1.9. Tenant shall comply with all rules and regulations established by Landlord from time to time for the orderly operation and use of the Parking Facility, including any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, in its discretion, allocate and assign parking passes among Tenant and the other tenants in the Building. Tenant’s use of the Parking Facility shall be at Tenant’s sole risk, and Landlord shall have no liability for damage to or theft of any vehicles or other property occurring in the Parking Facility or otherwise in connection with any use of the Parking Facility by Tenant or its employees or invitees. Landlord may alter the size, configuration, design, layout or any other aspect of the Parking Facility, and, in connection therewith, temporarily deny or restrict access to the sum Parking Facility, in each case without abatement of $0.00 per month for each Permit issued Rent or liability to Tenant. Landlord may delegate its responsibilities hereunder to a parking operator, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the which case (i) first partial calendar month such parking operator shall have all the rights of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthcontrol reserved herein by Landlord, and (ii) Tenant shall enter into a parking agreement with such parking operator and (iii) Landlord shall have no liability for claims arising through acts or omissions of such parking operator except to the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar monthextent caused by Landlord’s negligence or willful misconduct. Tenant’s obligation to pay parking rights under this Section 24 are solely for the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is benefit of Tenant’s obligation to pay Rent. Default in the payment of employees and invitees and such Parking Charge shall rights may not be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of transferred without Landlord’s other rightsprior consent, except pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasea Transfer permitted under Section 14.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 3 contracts
Samples: Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.)
Parking. A. (i) During the Term, commencing on the Rent Commencement Date, Landlord shall shall, subject to the terms hereof, make available the number of parking spaces equal to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the ’s Allocated Parking Charge Spaces (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking Tenant’s use in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in garage/parking areas serving the Building Garage and if Tenant shall lease such spaces from Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during throughout the Term, subject to Landlord’s rights under this Section 1.4(b). For purposes hereof, “Tenant’s Allocated Parking Spaces” shall mean a whole number (i) that is no less than the result determined by dividing the rentable square footage of the Premises by 1,000 and rounding up any remainder equal to or greater than 0.5 (as Additional Rent thereunderit may be reduced pursuant to this Section 1.4(b), a parking charge (the “Parking ChargeMinimum”) equal to (e.g., for the sum of $0.00 per month for each Permit issued to Tenantperiod commencing on the Execution Date, and such the Parking Charge Cap shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the nineteen (i19), (ii) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other that is no greater than the first day of a calendar monththirty-two (32), and (iiiii) for specified by Tenant in a written notice to Landlord on or before the last partial calendar month of date which is sixty (60) days after the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Commencement Date (it being understood and agreed that if Tenant fails to timely deliver such written notice, Tenant’s obligation to pay the Allocated Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge Spaces shall be deemed to be a default in equal the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”Minimum). The total amount number of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges parking spaces in the event of a Default shall not limit or affect any of Landlord’s other rightsparking garage/areas allocated to Tenant, as modified pursuant to this Lease or as otherwise permitted by Landlord, are hereinafter referred to as the “Parking Spaces.” Upon at law least sixty (60) days’ written notice to Landlord, Tenant shall have the right, exercisable no more than once per Rent Year, to reduce the number of Parking Spaces allocated to Tenant under this Section 1.4(b); provided, however, at all times during the Term hereof, subject to Landlord’s right to terminate Tenant’s rights for non-payment as hereinafter described, the number of Parking Spaces shall be equal to or in equity. During greater than the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseMinimum.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Sublease (Praxis Precision Medicines, Inc.), Sublease (Praxis Precision Medicines, Inc.)
Parking. A. Landlord In addition to the parking rights granted to Tenant in Exhibit "E" of the Original Lease and Section 10 of the First Amendment, Tenant shall make available also have a non-exclusive right to Tenant, provided Tenant is not 3.5 Parking Spaces for every 1,000 square feet of Rentable Area in default under this Lease, throughout the Term Seven (7) parking permits Expansion Space (the "Expansion Parking Spaces") for a total of 87 additional unreserved spaces. If and to the extent available at the time of conversion, Tenant shall have the right to convert up to 4 of the Expansion Parking Spaces into reserved parking spaces located in the Parking Garage and 4 of the Expansion Parking Spaces into Executive Reserved Spaces located in the underground parking areas beneath the Building. A monthly charge of $35.00 plus applicable taxes per Reserved Parking Space shall apply to each of the Reserved Parking Spaces in the Parking Garage (except that the first 12 months after the Expansion Commencement Date shall be free of such charge) and a monthly charge of $75.00 plus applicable taxes per Parking Space shall be assessed for each Executive Reserved Parking Spaces in the Underground Parking Area. If Tenant exercises its right to convert Expansion Parking Spaces into Reserved Parking Spaces, Tenant will be charged for the reserved Parking Spaces regardless of whether the spaces are utilized. There is no monthly charge for unreserved parking spaces. Except as especially set forth in this paragraph, the provisions of Exhibit "E" to the Original Lease shall be applicable to the Expansion Parking Spaces. As of April 1, 2014, Tenant shall have a non-exclusive right to a maximum of 482 Parking Spaces in the Parking Garage. Tenant acknowledges that it will be solely responsible for locating, securing and funding any alternative parking above the 482 vehicles off-site (not on the Complex). Tenant’s employees shall not be allowed to park vehicles in Visitor Parking Spaces at any time. If Tenant requests more than 482 parking access cards for Tenant’s employees, then Landlord may incur additional costs to monitor Tenant’s use of the Parking Garage. Landlord may need to hire an additional security guard to monitor Visitor Parking and/or to install a technology and hardware upgrade to the existing parking access system (“PermitsSystem Upgrade”) to allow access for the interchangeability of Tenant's parking cards. This System Upgrade will allow for Tenant's employees to have ingress and egress to the parking garage located at garage, up to the Property (total number of parking spaces allowed in this Lease. Upon Tenant reaching the “Building Garage”) which is used total number of parking spaces allowed in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter definedparking garage will restrict access to any other Tenant employee(s) hereinafter provideduntil other Tenant employee(s) have exited the garage, thus reducing the number of Tenant employee(s) in the parking garage below the allowed number of parking spaces in the Lease. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and current bid for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlordthis System Upgrade is estimated at approximately $68,000. If Landlord implements a system whereby only specifically identified vehicles are granted Permitsinstalls the System Upgrade to monitor Tenant’s use of the Parking Garage, other vehicles then Tenant shall not be permitted required to contribute an amount equal to Tenant’s Share towards the cost of the System Upgrade upon installation. The System Upgrade will be installed so that the garage/property manager will be able to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for every car that enters and exits the Building Garage to provide special requirements for weekendgarage, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month regardless of the Lease Term in tenant(s) using the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasesystem.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (FSP Galleria North Corp)
Parking. A. Landlord shall make available to Tenant, provided provide Tenant is not in default under this Lease, throughout the Term Seven with two point seven (72.7) parking permits for each one thousand (1,000) square feet in the “Permits”) to allow access to Rentable Area of the parking garage located Leased Premises, at the Property current rate of One Hundred Eighty-five and 00/100 Dollars ($185.00) per parking permit per month (excluding tax), which monthly rate may increase from time to time during the “Building Garage”) which is used Lease Term. If available, additional parking permits may be purchased by Tenant on a month to month basis at the rates set forth above. Tenant’s employees shall not park their vehicles in connection with the operation automobile parking areas of the Building. Of said Seven (7) Permits granted Common Areas and Facilities which may from time to Tenant, each shall time be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment designated for patrons of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisBellevue Place. Landlord may elect at all times shall have the right to establish designate the particular parking zones in the Building Garage areas to be used by Tenant’s employees and if Landlord so elects, the Permits any such designation may be issued changed from time to specifically identified time. Tenant and its employees shall park their vehicles only in those portions of the Common Areas and the Parking Charge may relate to specified zone(s) as determined Facilities, if any, designated for that purpose by Landlord. If Tenant shall furnish Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlordwith Tenant’s prior written consent. Landlord reserves the right upon written notice posted and Tenant’s employees’ state vehicle license numbers within fifteen (15) days after Tenant opens for business in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage Leased Premises and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Tenant shall thereafter notify Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date changes within two (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)2) days after such change occurs. If Tenant Defaults at or its employees fail to park their vehicles in designated parking areas, then Landlord, without limiting any time during other remedy Landlord may have, may charge Tenant a minimum of Ten Dollars ($10.00) per day for each day or partial day for each vehicle improperly parked; provided, however, Landlord shall give Tenant written notice of the Term, and any extension thereof, first violation of this provision and Tenant fails shall have two (2) days thereafter within which to cure cause the violation to be discontinued; and if not discontinued within such Default within two-day period, then the vehicle fines shall commence. After notice of the first such violation, no notice of any applicable cure period under the Lease, all Abated Parking Charges subsequent violation shall immediately become due and payable, and all future rights of Tenant be required prior to the Abated Parking Charges shall be null and void and imposition of no further force or effectany parking fine. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as All amounts due and payable pursuant to under the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules Section shall be additional rent and regulations governing the use due and payable by Tenant within ten (10) days after demand therefor. Tenant shall notify its employees in writing of the Building Garage, including but not limited to the rules establishing time limits on the use provisions of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromthis Section.
Appears in 2 contracts
Samples: Office Lease (Smartsheet Inc), Office Lease (Smartsheet Inc)
Parking. A. Landlord shall make available to Tenant, provided 42.1 Tenant is entitled to the number of Parking Permits set forth in Section 2.9. Tenant’s employees shall not park their vehicles in default under this Leasethe automobile parking areas designated for visitors, throughout car pools, other tenants or patrons of retail establishments in the Term Seven (7) Condominium. Landlord at all times shall have the right to use reasonable means to control parking permits (in the “Permits”) parking areas, including, by way of illustration only, the right to allow control access to the parking garage located areas, to provide valet parking at no additional charge (except to the Property (extent the “Building Garage”expense of providing such valet parking constitutes an Operating Expense) which is and to reasonably designate the particular parking areas to be used in connection with the operation of the Building. Of said Seven (7) Permits granted by Tenant’s employees and any such designation may be changed from time to Tenant, each shall be standard unreservedtime. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Leasecases, Tenant shall be entitled have access to an abatement the parking area, 7 days per week, 24 hours per day. Tenant and its employees shall park their vehicles only in those portions of Parking Charges the parking areas designated for the Permits that purpose by Landlord and in accordance with all reasonable rules and regulations relating to parking. Tenant shall furnish Landlord with Tenant’s and Tenant’s employees’ state vehicle license plate numbers within fifteen (15) days after Tenant opens for business in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, Premises and Tenant fails to cure shall thereafter notify Landlord of any changes within two (2) days after such Default within any applicable cure period under the Lease, all Abated Parking Charges change occurs. Tenant shall immediately become due and payable, and all future rights notify its employees in writing of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseSection.
C. The failure to timely pay the Parking Charge specified above, or to comply 42.2 Tenant shall cooperate with Landlord in complying with the rules terms and regulations governing conditions of any applicable Transportation Management Program or similar applicable governmental requirements regulating transportation. Tenant shall designate one of its employees or agents as Tenant’s “Transportation Coordinator,” who shall represent Tenant in all matters pertaining to transportation management. Landlord shall be promptly notified of any change in the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromTransportation Coordinator.
Appears in 2 contracts
Samples: Office Building Lease, Office Building Lease (Avalara Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not allocated and shall have the non-exclusive right to use (without charge in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access addition to the Base Monthly Rent) no more than the number of parking garage located at spaces contained within the Property (described in paragraph 2.1 for its use and the “Building Garage”) use of its employees and invitees, the location of which is used may be designated from time to time by Landlord but shall be on the Property and within reasonable proximity to the Premises. Tenant shall not at any time use or permit its employees or invitees to use more parking spaces than the number so allocated to Tenant or to park or permit the parking of its vehicles or the vehicles of others in connection with the operation any portion of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Property not designated by Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisexclusive parking area. Landlord may elect shall not oversubscribe the parking within the Property, and shall assure that the total number of spaces committed to establish the non-exclusive use of all tenants of the Property shall not exceed the total number of spaces within the Common Area. Of the parking zones spaces allotted to Tenant pursuant to paragraph 2.1, Tenant shall have the right to designate a reasonable number of such spaces as reserved spaces for its executives, which shall not exceed ten percent (10%) of the total of spaces and which shall be in immediate proximity to the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by LandlordPremises. If Landlord implements grants to any other tenant the exclusive right to use any particular parking space(s), neither Tenant nor its employees or invitees shall use such spaces. Within ten (10) business days after written request therefor from Landlord, Tenant shall furnish Landlord with a system whereby only specifically identified vehicles are granted Permitslist of its and its employees vehicle license numbers and Tenant shall thereafter notify Landlord of any change in such list within five (5) days after each such change occurs. Tenant shall have the right, at Tenant's option, to provide its employees with stickers or other vehicles identification markers or tags to be affixed to or on the employees' automobiles or other vehicles, evidencing the right of such employees to use the parking areas. Such stickers shall be subject to prior review and approval by Landlord, which shall not be permitted unreasonably withheld or delayed. Tenant shall furnish to Landlord a list of identifying numbers for the stickers distributed from time to time by Tenant to its employees. If Tenant elects to use the Building Garage without the Landlord’s prior written consentsuch stickers as provided herein, Tenant shall not be obligated to furnish Landlord with a list of vehicle license numbers for its employees, for as long as Tenant maintains such sticker system of identification. Landlord reserves the right upon written notice posted in the Building Garageright, after having given Tenant reasonable notice, to change have any vehicles owned by Tenant or its employees or invitees utilizing parking spaces in excess of the parking system spaces allowed for the Building Garage Tenant's use to provide special requirements for weekend, holiday or after hours usage be towed away at Tenant's cost. All trucks and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge delivery vehicles shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month parked at the rear of the Lease Term Premises, (ii) loaded and unloaded in a manner which does not interfere with the event businesses of other occupants of the Commencement Date occurs on a date other than the first day of a calendar monthProperty, and (iiiii) for permitted to remain on the last partial calendar month of Property only so long as is reasonably necessary to complete loading and unloading. In the Lease Term event Landlord elects or is required by any Law to limit or control parking in the event the term hereof expires on a date Property, whether by validation of parking tickets or any other than the last day method of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permitsassessment, Tenant hereby waives on behalf of itself all claims, whether based on negligence agrees to participate in such validation or other grounds, against assessment program under such reasonable rules and regulations as are from time to time established by Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is such participation does not result in Default under this Lease, Tenant shall be entitled any increase in costs to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseTenant.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease (United Defense Lp), Lease (United Defense Lp)
Parking. A. Landlord (a) Provided that Tenant shall make available to Tenant, provided Tenant is not then be in default Default under the terms and conditions of this Lease, throughout and provided further, that Tenant shall comply with and abide by Landlord’s parking rules and regulations from time to time in effect, (i) Tenant shall have a license to use the Term Seven (7) parking permits (the “Permits”) to allow access to Parking Area for the parking garage located at of standard size passenger automobiles, pick-up trucks, vans, SUV’s, and Tenant-owned delivery vehicles the Property number of parking spaces set forth in the Basic Lease Information and (ii) Tenant shall have the “Building Garage”) which is used license to use, on a non-exclusive basis, for the parking of Tenant’s trucks and trailers, the areas designated from time to time by Landlord as truck and trailer parking areas; provided, however, that Landlord shall not be required to enforce Tenant’s right to use such parking spaces and parking areas, if any; and, provided further, that the number of parking spaces and parking areas allocated to Tenant hereunder shall be reduced on a proportionate basis in connection with the operation event any of the Building. Of said Seven parking spaces or other areas in the parking areas are taken or otherwise eliminated as a result of any Condemnation (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter providedor casualty event affecting such parking areas or any modifications made by Landlord to such parking areas. The Permits shall only be valid between the hours of 5:00 a.m. All unreserved spaces and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage other areas will be on a non-reserved, first-come, first-serve basis. served basis in common with other tenants of and visitors to the Project in parking spaces or other areas provided by Landlord may elect from time to establish parking zones time in the Building Garage Project’s parking areas. In the event Tenant is granted the use of exclusive and if designated parking spaces, as indicated in the Basic Lease Information, then such spaces shall be located in the area(s) designated by Landlord so electsfrom time to time. Tenant’s license to use the parking spaces or other areas provided for herein shall be subject to such terms, conditions, rules and regulations as Landlord or the operator of the parking areas may impose from time to time, including, without limitation, the Permits may imposition of a parking charge.
(b) If at any time Landlord shall make available to Tenant any parking area outside the Premises, then each vehicle, truck or trailer using such parking area shall, at Landlord’s option to be issued exercised from time to specifically identified vehicles time, bear a permanently affixed and the Parking Charge may relate visible identification sticker to specified zone(s) as determined be provided by Landlord. If Tenant shall not and shall not permit its Agents to park any vehicles in locations other than those specifically designated by Landlord implements a system whereby as being for Tenant’s use, including, without limitation, the parking of trucks and trailers only specifically identified in areas so designated by Landlord and in no other areas. The license granted hereunder is for self-service parking only and does not include additional rights or services. Neither Landlord nor Landlord’s Agents shall be liable for: (i) loss or damage to any vehicle or other personal property parked or located upon or within the Parking Area or elsewhere in the Project whether pursuant to this license or otherwise and whether caused by fire, theft, explosion, strikes, riots or any other cause whatsoever; or (ii) injury to or death of any person in, about or around the Parking Area or elsewhere in the Project or any vehicles are granted Permitsparking therein or in proximity thereto whether caused by fire, theft, assault, explosion, riot or any other cause whatsoever and Tenant hereby waives any claim for or in respect to the above and against all claims or liabilities arising out of loss or damage to property or injury to or death of persons, or both, relating to any of the foregoing. Tenant shall not assign any of its rights hereunder and in the event an attempted assignment is made, it shall be void.
(c) Tenant recognizes and agrees that visitors, clients and/or customers (collectively the “Visitors”) to the Premises must park automobiles or other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted only in the Building GarageParking Area.
(d) In the event any tax, surcharge or regulatory fee is at any time imposed by any governmental authority upon or with respect to change parking or vehicles parking in the parking system for the Building Garage spaces referred to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permitsherein, Tenant covenants and agrees to shall pay to Landlord during the Termsuch tax, surcharge or regulatory fee as Additional Rent thereunderunder this Lease, a parking charge such payments to be made in advance and from time to time as required by Landlord (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge except that they shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for with Base Rent payments if permitted by the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”governmental authority). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom(e) Intentionally Deleted.
Appears in 2 contracts
Samples: Warehouse/Industrial Lease Agreement, Warehouse/Industrial Lease Agreement (Corsair Components, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout (a) During the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforterm, Tenant will pay to Landlord as Additional Rent and with each installment may park one hundred eight (108) of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking its passenger vehicles in the Building Garage will be assigned spaces or on a non-reservedexclusive basis or a combination thereof, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord, in the areas designated by Landlord from time to time for Tenant’s parking (see Exhibit “A”). Tenant will not park in spaces assigned to other tenants or reserved for visitor parking. If Tenant does not use all of its parking spaces, Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted may allow others to use those spaces at no charge, subject to Tenant’s right to promptly reclaim those spaces as and when legitimately needed for Tenant’s parking. Unless Landlord provides additional spaces (through restriping or otherwise), Landlord will not agree to provide parking spaces in the Building Garage without Project to Tenant and the Landlord’s prior written consent. Landlord reserves the right upon written notice posted other tenants in the Building Garageaggregating in excess of the aggregate parking spaces available in the Project.
(b) Tenant understands and agrees that Landlord will not be responsible for, and will not incur any Liabilities to change Tenant or its Affiliates with respect to, and Tenant waives all claims against Landlord and its Affiliates in connection with and assumes the risk of, any acts or omissions occurring within the parking system for the Building Garage to provide special requirements for weekendareas or any entrances and exits thereto or therefrom, holiday or after hours usage and to temporarily close the Building Garageincluding, without limitation, any injuries, death, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles cars or other property while located in the Building Garageproperty, and Tenant will not name Landlord or its Affiliates, or arising out bring any actions of any personal injuries sustained kind against them, in connection with therewith or as a result thereof.
(c) Tenant may not sublease, assign or otherwise Transfer any parking rights except to a permitted assignee or sublessee as part of such permitted assignment or sublease- In addition to Landlord’s rights as set forth in Section 15,1, Landlord may: reasonably limit access to portions of the parking areas; change signs, lanes and the direction of traffic within the parking areas; change, eliminate or add parking spaces or areas devoted to parking; designate the area (or space) within which each authorized automobile may be parked and change any such designation from time to time; establish alternative means of identifying and controlling authorized parking; promulgate rules and regulations; construct additional and/or structured parking; and take any other actions deemed necessary by Landlord, provided that Tenant’s authorized parking spaces will not be reduced nor will Tenant be charged for parking over and above its share of Taxes and Operating Costs related thereto (although if Landlord ever builds structured parking it may condition the use of said Building Garage. Notwithstanding anything in this Section that facility on the payment of the Lease additional parking charges from Tenant and/or any other tenants, but if Tenant refuses to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or additional charges it will not be required to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, park in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromthat facility unless Landlord waives those additional charges).
Appears in 2 contracts
Samples: Lease (TransMedics Group, Inc.), Lease Agreement (TransMedics Group, Inc.)
Parking. A. Landlord 24.1 During the Lease Term, Tenant and its employees, visitors and other invitees shall make available be entitled to Tenant, provided Tenant is not use unreserved parking spaces for passenger automobiles in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access Parking Facilities in an amount equal to the parking garage located at Parking Space Allotment, subject to Landlord’s rights pursuant to the Property (the “Building Garage”) which is used in connection with the operation remainder of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord this Section and such rules and regulations as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Chargefrom time to time. Such parking shall be in non-exclusive, all tenant parking in the Building Garage will be unassigned spaces on a nonself-reservedpark, firstattendant-comepark, first-serve valet or other basis. Landlord may elect , as from time to establish parking zones in the Building Garage and if Landlord so electstime prescribed by Landlord, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate charge for such permits shall be the prevailing rate charged from time to specified zone(s) as determined time by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permitsor the Operator (currently $510.00 per space per month, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, subject to change the parking system for the Building Garage at any time and from time to provide special requirements for weekendtime without notice), holiday plus all taxes or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge other governmental surcharges. Such charges shall be paid monthly in advance to the Operator. Except as hereinabove provided. A pro rata portion of such Parking Charge otherwise provided herein, contracts for parking permits shall be payable with the Operator and shall contain the same terms as are usually contained in contracts with other customers of the Operator.. Tenant shall not use the Parking Facilities for the servicing or extended storage of vehicles. Tenant shall not assign, sublet or transfer any permits hereunder, except in connection with any assignment or sublease permitted pursuant to Article VII hereof where parking is provided for in the sublease or assignment. Landlord reserves the right to institute either a Parking Facilities operator system, which may include self-park, attendant-park, valet or other parking arrangements, or to otherwise change the parking system. Notwithstanding the foregoing, Landlord does not guarantee the availability of any such monthly parking permits to Tenant during the second (i2nd) first partial calendar or any subsequent month of the Lease Term in if and to the event the Commencement Date occurs on a date other than extent that Tenant does not purchase any such monthly parking permits during the first day of a calendar month, (1st) month and (ii) for the last partial calendar each subsequent month of the Lease Term (it being understood that if Tenant does not timely purchase any such monthly parking contracts as provided herein but later notifies Landlord in writing of its desire to purchase same, then Landlord shall, upon not less than sixty (60) days’ prior written notice from Tenant, provide Tenant the right to purchase its desired number of monthly parking permits (up to the Parking Space Allotment in the event the term hereof expires on a date other than the last day of a calendar monthaggregate). Tenant’s obligation to pay the Parking Charge Tenant and its employees shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured observe reasonable safety precautions in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period Facilities or any other parking area and shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and times abide by all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building GarageParking Facilities. Tenant acknowledges that particular parking facilities, including but areas or spaces may be designated for exclusive use by particular tenants, occupants, visitors or other users, either generally or at particular times, and Tenant shall comply with all such designations and cause its employees, visitors and other invitees to do the same. Landlord reserves the right to close the Parking Facilities or any other parking area during periods of unusually inclement weather or for alterations, improvements or repairs. Landlord does not limited to the rules establishing time limits on the use of said Permitsassume any responsibility, and shall entitle Landlordnot be held liable, in addition for any damage or loss to any automobile or personal property in or about the Parking Facilities, or for any injury sustained by any person in or about the Parking Facilities. Landlord shall not be liable to Tenant and this Lease shall not be affected if any parking rights hereunder are impaired by any Law imposed after the Lease Commencement Date. Landlord reserves the right to determine whether the Parking Facilities are becoming crowded and to allocate and assign parking spaces among Tenant and the other remedies tenants provided hereunder, to terminate that the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage Parking Space Allotment will not be reduced thereby. Said Parking Space Allotment shall be paid for by Tenant at the sole cost and expense of Tenant and without liability for damages resulting therefromthen current prevailing rate in the Parking Facilities, as such rate may vary from time to time.
Appears in 2 contracts
Samples: Office Lease Agreement (IMARA Inc.), Office Lease Agreement (IMARA Inc.)
Parking. A. Landlord Tenant shall make available have the right to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven nonexclusive use of sixty-seven (767) parking permits (spaces in the “Permits”) to allow access to common parking area of the Building, which common parking garage located at the Property (the “Building Garage”) which is area may be used by Tenant in connection common with the operation other tenants or occupants of the Building. Of Tenant agrees that Tenant, Tenant’s employees, agents, representatives, and/or invitees shall not use parking spaces in excess of said Seven sixty- seven (767) Permits granted parking spaces allocated to Tenant hereunder. Landlord shall have the right, at Landlord’s sole discretion, to specifically designate the location of Tenant’s parking spaces within the common parking area of the Building, in which event Tenant agrees that Tenant, Tenant’s employees, agents, representatives and/or invitees shall not use any parking spaces other than those parking spaces specifically designated by Landlord for Tenant’s use. Said parking spaces, if specifically designated by Landlord to Tenant, each shall may be standard unreserved. In consideration therefor, Tenant will pay to reasonably relocated by Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysat any time, and Holidays. Except with respect from time to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basistime if necessary. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon give Tenant written notice posted of any change in the Building GarageTenant’s parking spaces. Tenant shall not, to change the parking system for the Building Garage to provide special requirements for weekendat any time, holiday or after hours usage and to temporarily close the Building Garagepark, or portions thereof permit to make such repairs be parked, any trucks or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal vehicles adjacent to the sum of $0.00 per month for each Permit issued loading area so as to Tenant, and such Parking Charge shall be paid monthly interfere in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection way with the use of said Building Garage. Notwithstanding anything such areas, nor shall Tenant, at any time, park or permit the parking of Tenant’s trucks and other vehicles or the trucks and vehicles of Tenant’s suppliers or others, in this Section any portion of the Lease to the contrary, so long as Tenant is common areas not in Default under this Lease, designated by Landlord for such use by Tenant. Tenant shall not park nor permit to be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term parked, any inoperative vehicles or equipment on any portion of the Lease, beginning common parking area or other common areas of the Building. Tenant agrees to assume responsibility for compliance by its employees with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)parking provision contained herein. If Tenant Defaults at any time during the Termor its employees park in other than designated parking areas, and any extension thereofthen Landlord may charge Tenant, as an additional charge, and Tenant fails agrees to cure pay Ten Dollars ($10.00) per day for each day or partial day each such Default within vehicle is parking in any applicable cure period under area other than that designated. Tenant hereby authorizes Landlord, at Tenant’s sole expense, to tow away from the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights Building any vehicle belonging to Tenant or Tenant’s employees parked in violation of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified abovethese provisions, or to comply with attach violation stickers or notices to such vehicles; provided, however, that unless any such vehicle is parked in a dangerous and/or designated no parking zone, Landlord will attach a twenty-four (24) hour violation notice on said vehicle prior to having the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations vehicle towed from the Building Garage at Property. Tenant shall use the sole cost parking area for vehicle parking only and expense of Tenant and without liability shall not use the parking areas for damages resulting therefromstorage.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Ruckus Wireless Inc)
Parking. A. Subject to all matters of record, Force Majeure, a Taking and the exercise by Landlord of its rights hereunder, Tenant shall make available have the right, in common with other tenants of the Project to use Tenant’s pro rata share of the non-reserved parking spaces at the Project at the then-current prevailing rate equal to (a) .65 parking spaces per 1,000 rentable square feet of the Premises (or 28 spaces based on 43,586 RSF) for the parking spaces located in the Building garage at the current monthly fee of $225 per space, and (b) .35 parking spaces per 1,000 rentable square feet of the Premises (or 15 spaces based on 43,586 RSF) for surface parking spaces located on the adjacent lot at the current monthly fee of $175 per space, as such rates may vary from time to time to reflect current fair market parking rates in East Cambridge and Xxxxxxx Square, as shown on the parking plan attached hereto as EXHIBIT I (“Parking Plan”). Subject to Landlord’s reasonable requirements or conditions and any applicable Legal Requirements and the rights of Foundation Medicine, Inc. and its successors and assigns (“Foundation Medicine”), Tenant may designate and xxxx (by virtue of signage reasonably approved by Landlord) at Tenant’s cost a portion of Tenant’s allocated parking spaces for visitor parking on a reserved basis in locations to be reasonably agreed upon by Landlord and Tenant. The parking spaces shall be subject to such reasonable rules and regulations as may be in effect for the use of the parking garage/areas from time to time (including, without limitation, Landlord’s right, without additional charge to Tenant above the prevailing fair market rate for parking spaces, to institute a valet or attendant-managed parking system) provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow that access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Buildingspaces by Tenant’s employees shall be on a 24/7 basis. Of said Seven (7) Permits granted Landlord shall not be liable to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles this Lease shall not be permitted affected, if any parking rights of Tenant hereunder are impaired by Applicable Law. Notwithstanding anything to use the Building contrary contained herein, Landlord shall have the right to relocate the surface parking spaces to the following garages in order of priority: (1) the CambridgeSide Galleria Parking Garage without located at 000 XxxxxxxxxXxxx Xxxxx in Cambridge; (2) the Landlord’s prior First Street Garage located on Spring Street in Cambridge; and (3) the common parking facility that serves the buildings located at 000 Xxxxxxx Xxxxxx, 650 East Xxxxxxx Street, 000 Xxxx Xxxxxxx Xxxxxx, 000 Xxxxxxx Xxxxxx and 000 0xx Xxxxxx (Xxxxxxxxx Cambridge), each located in Cambridge. If parking spaces are not available in such garages, then Landlord shall have the right to relocate the surface parking spaces to an alternate public parking facility of comparable quality located no further than one third mile from the Project and located within the City of Cambridge. Tenant shall be responsible for the actual fee for such offsite parking spaces which fee shall not to exceed the published parking rates for monthly parking for the respective parking garage from time to time and shall not include any xxxx-up of such fee by Landlord or the owner or operator of the parking garage. Within thirty (30) days after the Effective Date and each anniversary of the Lease Commencement Date, Tenant shall provide Landlord written consentnotice of the number of parking spaces allocated to Tenant that Tenant is committed to using each year. If the number of parking spaces requested by Tenant is less than the 28 garage spaces and 15 surface spaces allocated to Tenant, then Landlord reserves the right upon written notice posted to allocate the excess parking spaces to other occupants in the Building Garageon monthly basis. Upon sixty (60) days notice from Tenant, Landlord shall arrange for such reallocated parking spaces to change be restored for Tenant’s non-exclusive use. Tenant shall have no right to hypothecate or encumber the parking system for the Building Garage to provide special requirements for weekendspaces, holiday or after hours usage and to temporarily close the Building Garageshall not sublet, assign, or portions thereof otherwise transfer the parking spaces other than to make employees of Tenant occupying the Premises or to a permitted transferee pursuant to Section 17 of this Lease. Tenant shall, at Tenant’s sole expense, for so long as the Parking and Traffic Demand Management Plan dated April 2008 as approved by the City of Cambridge on April 28, 2008, including the conditions set forth in such repairs or alterations approval (as Landlord may deem appropriate.
B. In consideration for the Permitsamended from time to time, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking ChargePTDM”) equal ), remains applicable to the sum of $0.00 per month for each Permit issued to TenantProject, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month offer to subsidize mass transit monthly passes for all of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and its employees; (ii) for the last partial calendar month implement a Commuter Choice Program; (iii) discourage single-occupant vehicle use by its employees; (iv) promote alternative modes of the Lease Term transportation and use of alternative work hours; (v) meet with Landlord and/or its representatives no more than quarterly to discuss transportation programs and initiatives; (vi) participate in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder annual surveys monitoring transportation programs and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained initiatives; (vii) cooperate with Landlord in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, transportation programs and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable initiatives promulgated pursuant to the provisions PTDM; (viii) provide alternative work programs (such as telecommuting, flex-time and compressed work weeks) to its employees in order to reduce traffic impacts in Cambridge during peak commuter hours; and (ix) otherwise cooperate with Landlord in encouraging employees to seek alternate modes of this Leasetransportation.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease (Bluebird Bio, Inc.), Lease Agreement (Bluebird Bio, Inc.)
Parking. A. Landlord shall make available to TenantAt all times during the Term, provided Tenant is not and conditioned upon this Lease being in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation full force and effect and there being no Event of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforDefault hereunder, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without Parking Spaces designated in Article 1.1 of this Lease, subject to the LandlordRules and Regulations set forth in Exhibit E, and any amendments or additions to such Rules and Regulations. Except as set forth in Article 1.1(t), the Parking Spaces will be used by Tenant and/or Tenant’s prior written consentemployees, guests and/or visitors on an unassigned, nonreserved, and nondesignated basis or such other basis as Landlord directs from time to time. Landlord reserves Each time during the right upon written notice posted in Term that Tenant does not pay for one or more Parking Spaces for three (3) consecutive months, then the Building Garage, number of Parking Spaces which Tenant shall be permitted to change the parking system use for the Building Garage remainder of the Term shall be reduced to provide special requirements the number of Parking Spaces for weekendwhich Tenant has paid during said three (3) consecutive months. The monthly rental shall be current market rental rates per Parking Space per month (for reserved spaces it will be 175% of the market rental rate for unreserved spaces), holiday or after hours usage payable in advance by Tenant to Landlord together with the Monthly Base Rent and subject to temporarily close the Building Garage, or portions thereof adjustment from time to time by Landlord so as to make such repairs or alterations as rental substantially equivalent to then current market rental rates for similar parking spaces at the Project. Notwithstanding the foregoing, Landlord may deem appropriate.
B. In consideration shall xxxxx the monthly rental for all Parking Spaces for the Permits, Tenant covenants and agrees to pay to first twelve (12) months of Tenant’s occupancy of the Premises. Provided that Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenantis using commercially reasonable efforts to, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for diligently pursues to completion of, the (i) first partial calendar month restoration and repair of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthParking Spaces, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation then if Landlord fails to pay provide, or Tenant is not permitted to utilize, the Parking Charge Spaces or any portion thereof for reasons of repair, maintenance or safety, such fact shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall not be deemed to be a default in the payment of Rent. As additional consideration by Landlord but rental for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, Parking Space which is not provided by Landlord shall be abated for so long as Tenant is does not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing have the use of the Building Garage, including but not limited to the rules establishing time limits on the use such Parking Space. Such abatement shall constitute full settlement of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation all claims that Tenant might otherwise have against Landlord by reason of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromsuch failure.
Appears in 2 contracts
Samples: Office Lease, Office Lease (Zillow Inc)
Parking. A. Landlord shall make provide an allocation of 4.75 non-exclusive parking spaces for each 1,000 Useable Square Feet of the Leased Premises (the “Overall Stalls”) within the Project that shall be Generally Available to Tenant of which (a) fifteen (15) of such Overall Stalls shall be covered (but not enclosed) parking stalls which are marked as reserved for Tenant, and (b) ten (10) of such Overall Stalls, but not covered parking stalls, shall include electric car charging stations (five (5) of which will be Tesla charging stations and the other five shall be another brand). Landlord shall have the right to designate parking for visitors of the Building and Tenant agrees to not permit its employees to use such parking. Automobiles of Tenant and all Occupants (as defined above) associated with Tenant shall be parked only within parking areas shown on the Site Plan. Landlord or its agents shall, without any liability to Tenant or its Occupants, have the right to cause to be removed any automobile that may be wrongfully parked in a prohibited or reserved parking area, and Tenant agrees to indemnify, defend, and hold Landlord harmless from and against any and all claims, losses, demands, damages and liabilities asserted or arising with respect to or in connection with any such removal of an automobile. Tenant shall from time to time, upon request of Landlord, supply Landlord with a list of license plate numbers of all automobiles owned by Tenant or its day-to-day Occupants. Tenant acknowledges that although stalls may be marked as reserved for Tenant’s use, Landlord has no obligation to monitor or restrict the use of such parking stalls. “Generally Available” means that parking stalls are available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven on a regular basis seven (7) parking permits days a week, twenty-four (the “Permits”24) hours each day; provided that, because Tenant and other persons entitled to allow access to park in the parking garage located area may have unanticipated or unusual numbers of employees, guests and invitees on any given day or at any given time, “Generally Available” shall not mean that a parking space is always immediately available to Tenant and shall mean that a parking space may be unavailable on an infrequent and irregular basis to Tenant due to unusual and non-recurring circumstances such as special events occurring in the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenantevening or on weekend days, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysduring temporary repairs, and Holidays. Except with respect to any limited reserved parking that Landlord may establish during maintenance and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriatereplacement.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Weave Communications, Inc.), Lease Agreement (Weave Communications, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is allocated, and Tenant and its employees and invitees shall have the right to use on an unreserved basis not more than Tenant's Number of Parking Spaces in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of lot serving the Building. Of said Seven (7) Permits granted Tenant shall not, at any time, use or permit its employees or invitees to Tenant, each use more parking spaces than the number so allocated to Tenant Tenant shall be standard unreservednot have the exclusive right to use any specific parking space. In consideration thereforthe event Landlord elects or is required by any Law to limit or control parking within the Project, whether by validation of parking tickets or any other method, Tenant will pay agrees to Landlord participate in such validation or other program as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined reasonably established by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits; provided, other vehicles however, that Tenant shall not in any event be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees required to pay to Landlord during the Termfor Tenant's parking. Tenant shall not, as Additional Rent thereunderat any time, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed park or permit to be a default parked any trucks or vehicles adjacent to entryways or loading areas within the Project so as to interfere in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection way with the use of said Building Garage. Notwithstanding anything such areas, nor shall Tenant, at any time, park or permit the parking of Tenant's trucks or other vehicles, or the trucks and vehicles of Tenant's suppliers or others, in this Section any portion of the Lease to the contrary, so long as Tenant is Common Areas not in Default under this Lease, designated by Landlord for such use by Tenant. Tenant shall not, at any time, park or permit to be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term parked any recreational vehicles, inoperative vehicles or equipment on any portion of the Lease, beginning Common Areas. Tenant agrees to assume responsibility for compliance by its employees and invitees with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)parking provisions contained herein. If Tenant Defaults at or its employees park any time during vehicle within the TermCommon Areas in violation of these provisions, and any extension thereofthen Landlord may charge Tenant, as Additional Rent, and Tenant fails agrees to cure such Default within any applicable cure period under the Leasepay, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base as Additional Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified aboveFifty Dollars ($50) per day for each day or partial day that each such vehicle is illegally parked, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle parked in any area other than that designated. Tenant hereby authorizes Landlord, in addition to any other remedies provided hereunderat Tenant's sole expense, to terminate tow away from the Permits Common Areas and tow store until redeemed by its owner any vehicles which are vehicle belonging to Tenant or Tenant's employees parked in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromthese provisions.
Appears in 2 contracts
Samples: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout (A) During the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforTerm, Tenant will pay shall have the right to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge use (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, exclusive first-come, first-serve served basis) the number of Parking Permits set forth in Basic Lease Provision 25 hereof for the unreserved parking of passenger automobiles in the parking areas designated from time to time by Landlord for the use of tenants of the Building (“Parking Areas”). Landlord may elect shall have no obligation to establish parking zones police or otherwise monitor the use of the Parking Areas.
(B) Tenant shall park and shall cause its employees to park only in the Building Garage and if Landlord so elects, Parking Areas. Neither Tenant nor its employees or invitees shall park at any time more vehicles in the Parking Areas than the number of Parking Permits provided to Tenant per Provision 25 hereof. In order to restrict the use by Tenant’s employees of areas designated or which may be issued designated by Landlord as handicapped, reserved or restricted parking areas, or for any other business purpose, Tenant agrees that it will, at any time and from time to specifically identified vehicles and the Parking Charge may relate to specified zone(s) time as determined requested by Landlord. If , furnish Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use with the Building Garage without the Landlordowners’ names and license plate numbers of any vehicle of Tenant and Tenant’s prior written consent. agents and/or employees.
(C) Landlord reserves the right upon written notice posted in the Building Garageto institute a parking control system, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close establish and modify or amend rules and regulations governing the Building Garage, or portions thereof use thereof. Landlord shall have the right to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, revoke a user’s parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term privileges in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant user fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment abide by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building GarageParking Areas. Tenant shall be prohibited from using the Parking Areas for purposes other than for parking registered vehicles. The storage, including but repair or overnight parking of vehicles in the Parking Areas is strictly prohibited.
(D) Tenant shall not limited assign or otherwise transfer any Parking Permits (other than to a permitted assignee of this Lease, or a permitted subtenant of the rules establishing time limits on Premises), and any attempted assignment or other transfer shall be void. Tenant and its employees shall observe reasonable safety precautions in the use of said Permits, the Parking Areas and shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said at all times abide by all rules and regulations from governing the Building Garage at use of the sole cost Parking Areas promulgated by Landlord or the Parking Areas operator (if any). Landlord reserves the right to temporarily close the Parking Areas during periods of unusually inclement weather or for repairs, or to prevent a dedication thereto, and expense Tenant shall not be entitled to any abatement of Tenant Rent or other damages as a result thereof. Landlord does not assume any responsibility, and without liability shall not be held liable, for damages resulting therefromany damage or loss to any automobile or personal property in or about the Parking Areas, or for any injury sustained by any person in or about the Parking Areas.
Appears in 2 contracts
Samples: Lease (Project Clean, Inc.), Lease (Project Clean, Inc.)
Parking. A. Tenant hereby also rents the Parking Spaces referred to in the Basic Lease Information of the Lease in the garage parking area located substantially beneath the Building on such terms and conditions as may be established by Landlord from time to time during the Term; provided, however, the rent for such Parking Spaces during the initial Term shall be equal to the Parking Charge and said rents shall never be less than these charges during the remainder of the Term of this Lease. Landlord shall have the right to designate where such parking spaces shall be located and to relocate such parking spaces within the underground garage parking area from time to time, but shall not, except for reserved spaces, be required to mark xxxcific spaces. Landlord shall have the further right to relocate or eliminate any surface parking areas from time to time during the Term of this Lease. If additional underground garage parking is requested by Tenant during the Term of this Lease, Landlord shall make such space available to Tenant, provided Tenant is not in default under this Leaseon the terms, throughout the Term Seven (7) parking permits (the “Permits”) to allow access conditions and rates then applicable to the other underground garage parking spaces, if in Landlord's sole discretion adequate underground garage located at parking is available to the Property (the “Building Garage”) which is used other tenants in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each All parking spaces rented by Tenant shall be standard unreserved. In consideration thereforconsidered part of the Premises for the purposes of Tenant's obligations and Landlord's rights under Articles 8, Tenant will pay to Landlord as Additional Rent 9, 10, 14, 16 and with each installment of Base Rent due 17 hereof, and the rental owing for such spaces shall be considered additional rent under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits parking areas referred to herein, except for reserved spaces during normal business hours, shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be used on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in exclusive basis with occupants of the Building Garage and if Landlord so elects, Parcel IB. Tenant also acknowledges that there are parking spaces in uncovered surface parking areas within the Permits Project. Tenant and visitors of the Building may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined not park in such spaces unless expressly authorized in writing by Landlord. If Such permitted parking may or may not be without charge; provided, however, at such time as validated parking becomes, in the opinion of Landlord, common practice among similar offices in the immediate vicinity of the Project, Tenant shall participate in such validated parking on Tenant's use of all parking areas shall be subject to any rules and regulations relating thereto, including regulations governing the designation of specific parking spaces for use by Tenant and its guests and invitees, the hours during which such parking spaces may be used, the size of such parking spaces, and the traffic flow in the parking areas. Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system responsible for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence any vandalism or other grounds, against Landlord, its agents and employees arising out of damages from any loss or damage cause occurring to automobiles or other property their contents while located in the Building Garage, such parking spaces or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits moving in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseparking area.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Cygnet Financial Corp), Lease Agreement (Cygnet Financial Corp)
Parking. A. Landlord Tenant is allocated, and Tenant and its employees and invitees shall make available have the non-exclusive right to use, not more than the number of parking spaces set forth in Article 1 as “Tenant’s Number of Parking Spaces”. Tenant shall not, at any time, use or permit its employees or invitees to use more parking spaces than the number so allocated to Tenant, provided . Tenant is shall not in default under this Lease, throughout have the Term Seven (7) exclusive right to use any specific parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysspace, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in to designate from time to time the Building Garage, to change location of the parking system spaces allocated for Tenant’s use. In the Building Garage event Landlord elects or is required by any Law to provide special requirements for weekendlimit or control parking within the Project, holiday whether by validation of parking tickets or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permitsany other method, Tenant covenants and agrees to pay to Landlord during the Termparticipate in such validation or other program as reasonably established by Landlord. Tenant shall not, as Additional Rent thereunderat any time, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed park or permit to be a default parked any trucks or vehicles adjacent to entryways or loading areas within the Project so as to interfere in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection way with the use of said Building Garage. Notwithstanding anything such areas, nor shall Tenant, at any time, park or permit the parking of Tenant’s trucks or other vehicles, or the trucks and vehicles of Tenant’s suppliers or others, in this Section any portion of the Lease to the contrary, so long as Tenant is Common Areas not in Default under this Lease, designated by Landlord for such use by Tenant. Tenant shall not, at any time, park or permit to be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term parked any recreational vehicles, inoperative vehicles or equipment on any portion of the Lease, beginning common parking area or other Common Areas of the Project. Tenant agrees to assume responsibility for compliance by its employees and invitees with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)parking provisions contained herein. If Tenant Defaults at or its employees park any time during vehicle within the TermProject in violation of these provisions, and any extension thereofthen Landlord may charge Tenant, as Additional Rent, and Tenant fails agrees to cure such Default within any applicable cure period under the Leasepay, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base as Additional Rent, Additional Rent and Ten Dollars per day for each day or partial day that each such vehicle is parked in any area other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle than that designated. Tenant hereby authorizes Landlord, in addition to any other remedies provided hereunderat Tenant’s sole expense, to terminate tow away from the Permits Project and tow store until redeemed by its owner any vehicles which are vehicle belonging to Tenant or Tenant’s employees parked in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromthese provisions.
Appears in 2 contracts
Samples: Industrial Space Lease (Viasystems Group Inc), Industrial Space Lease (Viasystems Group Inc)
Parking. A. Tenant may park in the Building’s parking facilities (the “Parking Facility”), in common with other tenants of the Building, upon the following terms and conditions. Tenant shall not use more than the number of unreserved and/or reserved parking spaces set forth in Section 1.9. Tenant shall pay Landlord, in accordance with Section 3, any fees for the parking spaces described in Section 1.9. Landlord shall make available not be liable to Tenant, provided nor shall this Lease be affected, if any parking is impaired by (or any parking charges are imposed as a result of) any Law. Tenant is not in default under this Leaseshall pay Landlord any fees, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used taxes or other charges imposed by any governmental or quasi-governmental agency in connection with the Parking Facility, to the extent such amounts are allocated to Tenant by Landlord based on the number and type of parking spaces Tenant is entitled to use. Tenant shall comply with all rules and regulations established by Landlord from time to time for the orderly operation and use of the Parking Facility, including any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, in its discretion, allocate and assign parking passes among Tenant and the other tenants in the Building. Of said Seven (7) Permits granted to Tenant, each ’s use of the Parking Facility shall be standard unreserved. In consideration thereforat Tenant’s sole risk, Tenant will pay and Landlord shall have no liability for any personal injury or damage to Landlord as Additional Rent and with each installment or theft of Base Rent due under the Lease, any vehicles or other property occurring in the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours Facility or otherwise in connection with any use of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisFacility by Tenant or its employees or invitees. Landlord may elect to establish parking zones in alter the Building Garage and if Landlord so electssize, the Permits may be issued to specifically identified vehicles and configuration, design, layout or any other aspect of the Parking Charge Facility, and, in connection therewith, temporarily deny or restrict access to the Parking Facility, in each case without abatement of Rent or liability to Tenant. Landlord may relate delegate its responsibilities hereunder to specified zone(sa parking operator, in which case (i) as determined such parking operator shall have all the rights of control reserved herein by Landlord, (ii) Tenant shall enter into a parking agreement with such parking operator, (iii) Tenant shall pay such parking operator, rather than Landlord, any charge established hereunder for the parking spaces, and (iv) Landlord shall have no liability for claims arising through acts or omissions of such parking operator except to the extent caused by Landlord’s gross negligence or willful misconduct. If Landlord implements a system whereby only specifically identified vehicles Tenant’s parking rights under this Section 24 are granted Permits, other vehicles shall solely for the benefit of Tenant’s employees and invitees and such rights may not be permitted to use the Building Garage transferred without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, except pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasea Transfer permitted under Section 14.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Office Lease (Apigee Corp), Office Lease (Apigee Corp)
Parking. A. Landlord Throughout the Term, Tenant shall make available have the right, but not the obligation to Tenantpurchase and assign to its employees the number of parking pennits set forth in Section 21.1 of the Basic Lease Information (`BLI"). Except as othenvise permitted by Landlord's management agent in its reasonable discretion, provided and based on the availability thereof, in no event shall Tenant is not in default under this Lease, throughout be entitled to purchase more than the Term Seven (7) number of parking permits (listed in the “Permits”) to allow access to the BLI. If additional parking garage located at the Property (the “Building Garage”) permits are available on a month-to-month basis, which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each determination shall be standard unreserved. In consideration thereforin the sole discretion of Landlord's parkingagent, Tenant will pay shall be permitted to Landlord as Additional Rent and with each installment purchase one or more of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be said permits on a non-reserved, first-come, first-serve basisfrst- serveebasis. Landlord may elect Said parking permits shall allow Tenant to establish parking zones park in the Building Garage parking facility at the posted monthly parking rates and if charges then in effect, plus any and all applicable taxes, provided that such rates may be changed from time to time, in Landlord's sole discretion. Landlord so electsshall retain sole discretion to designate the location of each parking space, and whether it shall be assigned, or unassigned, unless specifically agreed to otherwise in writing between Landlord and Tenant. Guests and invitees of Tenant shall have the right to use, in common with guests and invitees of other; tenants of the Building, the Permits transient parking facilities of the Building at the then-posted parking rates and charges, or at such other rate or rates and charges as may be issued agreed upon from time to specifically identified vehicles time between Landlord and the Parking Charge may relate Tenant in writing. Such rate(s) or charges maybe changed by Landlord from time to specified zone(s) as determined by time in Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits's sole discretion, other vehicles and shall not be permitted include, without limitation, any and all fees or taxes relating to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay assessed to Landlord during the Termfor such parking facilities. Tenant or Tenant's agents, as Additional Rent thereunderclients, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenantcontractors, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthdirectors, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permitsemployees, Tenant hereby waives on behalf of itself all claimsinvitees, whether based on negligence licensees, officers, partners or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the shareholders continued use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrarytransient, so long as Tenant is not in Default under this Leasewell as monthly parking, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Leasecontingent upon Tenant and Tenant's agents, beginning clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders continued compliance with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults reasonable and non-discriminatory rules and regultions adopted by Landlord, which rules and regulations may change at any time or from time to time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges Term hereof in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease's sole discretion.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Office Lease (Platinum Studios, Inc.), Office Lease (Platinum Studios, Inc.)
Parking. A. Throughout the Lease Term and any extensions thereof, Landlord shall make available to TenantTenant a number of automobile parking spaces (on an unassigned, provided Tenant is not non-exclusive basis) in default under this Lease, throughout the Term Seven parking area of the Park based on a formula of four (74) parking permits (spaces for each 1,000 square feet of rentable area within the “Permits”) to allow access Leased Premises, rounded up to the nearest whole number of spaces. Such parking garage located shall be at no additional cost to Tenant. The designated parking area for the Property (Building is depicted in Exhibit E attached hereto. Tenant agrees not to overburden the “Building Garage”) which is used parking facilities and agrees to cooperate with Landlord and other tenants in connection with the operation use of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consentfacilities. Landlord reserves the right upon written notice posted in its commercially reasonable discretion to determine whether parking facilities are becoming crowded and, in such event, to allocate parking spaces between Tenant and other tenants, provided that in the Building Garageevent of any such allocation due to crowded parking facilities, (a) Landlord shall not provide reserved parking to change the parking system for any other tenant of the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a without also providing reserved parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and (b) such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation allocated parking provided to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled equal to an abatement or greater than the number of Parking Charges for spaces that would be provided to Tenant based on the Permits formula set forth hereinabove. There will be no assigned parking unless Landlord, in its sole discretion, deems such assigned parking advisable. No vehicle may be repaired or serviced in the amount parking area and any vehicle brought into the parking area by Tenant, or any of $0.00 per month for the full Term of the LeaseTenant’s employees, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Termcontractors or invitees, and any extension thereofdeemed abandoned by Landlord will be towed and all costs thereof shall be borne by the Tenant. All driveways, ingress and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payableegress, and all future rights parking spaces are for the joint use of Tenant to the Abated Parking Charges all tenants. There shall be null and void and of no further force or effect. The payment by Tenant parking permitted on any of the Abated Parking Charges streets or roadways located within the Park. In addition, Tenant agrees that its employees will not park in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasespaces designated visitor parking.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Office Lease (MaxPoint Interactive, Inc.), Office Lease (MaxPoint Interactive, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under During the Term of this Lease, throughout Landlord shall provide Tenant with access to parking spaces for the Term Seven benefit of the Property as follows:
(7i) Tenant and Tenant’s employees and visitors shall have the right to park passenger automobiles in up to 33 covered reserved parking permits spaces in the off-site covered parking garage identified on Exhibit H, and up to 15 uncovered reserved parking spaces in the off-site parking lot identified on Exhibit H (referred to herein collectively as the “PermitsParking Facilities”).
(ii) No vehicles shall be left in the Parking Facilities overnight.
(iii) Landlord reserves the right to allow implement and modify systems to regulate access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation and use of the Building. Of said Seven (7) Permits granted to TenantParking Facilities, each shall be standard unreserved. In consideration thereforincluding, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Leasewithout limitation, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours use of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdaysparking passes, Sundaysparking stickers, and Holidays. Except with respect card key access or any other system reasonably designated by Landlord.
(iv) Tenant acknowledges that Landlord is not required to provide any security or security services for the Parking Facilities.
(v) Tenant hereby indemnifies and shall hold Landlord harmless from and against all claims, loss, cost, or damage arising out of the use by Tenant and its employees and invitees of the Parking Facilities, except to the extent caused by the willful misconduct of Landlord or Landlord’s agent or employees.
(vi) Landlord reserves the right to designate and redesignate parking areas within the Parking Facilities, to change entrances or exits and alter traffic flow within the Parking Facilities, and to modify the Parking Facilities to any limited reserved parking extent, except that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use reduce the Building Garage number of parking spaces allocated to Tenant in each of the Parking Facilities without the Tenant’s consent.
(vii) Tenant shall cause its employees and invitees to comply with Landlord’s prior written consent. Landlord reserves rules and regulations pertaining to the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the TermParking Facilities, as Additional Rent thereunderthe same may be amended, a parking charge revised or supplemented (the “Parking ChargeFacility Rules and Regulations”) equal ). The failure of Landlord to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month enforce any of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, Parking Facility Rules and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge Regulations against any person shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall not be deemed to be a default in the payment waiver of Rentsuch Parking Facility Rules and Regulations. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges liable for the Permits in the amount of $0.00 per month for the full Term of the Leaseall injuries or damages sustained by Landlord or by other tenants, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force occupants or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use invitees of the Building Garage, including but not limited to or Parking Facilities arising by reason of any breach of the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Parking Facility Rules or Regulations by Tenant and without liability for damages resulting therefromor by Tenant’s employees or invitees.
Appears in 2 contracts
Samples: Commercial Lease, Commercial Lease (FusionStorm Global, Inc.)
Parking. A. Landlord The Parking Facilities set forth in the summary shall make be made available to Tenant for Tenant, provided ’s exclusive use during any portion of the Lease Term and the Extended Term in which Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation sole tenant of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, SundaysProject, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisexclusive basis during any portion of the Lease Term and the Extended Term when Tenant is not the sole tenant of the Project. Landlord may elect shall have no liability for the use of any such parking spaces by anyone (besides Landlord) other than Tenant or Tenant’s visitors. In the event Landlord is required by any law to establish limit or control parking zones in at the Building Garage or the Project, whether by validation of parking tickets or any other method of assessment, Tenant, at its cost, agrees to participate in such validation or assessment program under such reasonable rules and if Landlord so elects, the Permits may be issued regulations as are from time to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined time established by Landlord. If Tenant shall pay no monthly or “per space” fee for the Parking Facilities and except as otherwise expressly provided herein, all costs and expenses associated with parking areas serving the Project shall be included in Operating Expenses. Tenant, at Tenant’s sole expense (which expense may be paid for out of the Tenant Improvement Allowance if so requested by Tenant pursuant to Section 2.03 of the Work Letter), may install between twelve (12) and twenty (20) dual electric vehicles charging stations at the Project based on the specification and at the approximate locations depicted on Schedule 1 attached hereto (the “Charging Stations”), provided that Tenant shall submit construction drawings to Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles for such approval and such Charging Stations shall not be permitted subject to use the Building Garage without the Landlord’s prior written consentconsent to the size, actual location, design and materials of such Charging Stations, which consent shall not be unreasonably withheld. Landlord reserves Tenant shall have the exclusive use of the Charging Stations during the Lease Term and Extended Term, and Tenant shall have the right upon written notice posted to install signage on or about the Charging Stations indicating same. Upon the expiration or earlier termination of this Lease, Tenant shall remove some or all of the above-ground head and station portions of those Charging Stations (but Tenant not be required to remove the conducts or other below-ground infrastructure for such Charging Stations), as directed by Landlord, and return the relevant area to the condition in the Building Garagewhich it existed prior to installation of such Charging Stations. Tenant, to change the at Tenant’s sole expense, may implement a valet parking system for the Building Garage Parking Facilities at any time Tenant is the sole occupant of the Project and such system has received the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. In addition to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permitsforegoing, Tenant covenants and agrees shall have the right to pay to Landlord during the Term, as Additional Rent thereunder, re-stripe a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such the Parking Charge shall be payable for the Facilities to designate (i) first partial calendar month a certain number of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthparking spaces as “visitor” parking spaces, and (ii) a certain number of parking spaces for the last partial calendar month purposes of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseCharging Stations.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Triple Net Space Lease (Cloudera, Inc.), Triple Net Space Lease (Cloudera, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout Upon the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, SundaysInitial Floor Commencement Date, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Leasecontinues to Lease 100% of the New Premises, Tenant shall be entitled to an abatement ten (10) reserved parking spaces near the main entrance of Parking Charges the New Building, the exact locations of which to be mutually agreed upon by Landlord and Tenant. Tenant acknowledges and agrees that Landlord shall only provide signage for Tenant’s reserved parking spaces and shall not have a duty to monitor or enforce who parks in such reserved spots. Tenant shall also have the right, in common with other tenants of the Building and Landlord, to use the designated parking areas of the New Building for the Permits unreserved parking of automobiles of Tenant and its employees and business visitors, incident to Tenant’s permitted use of the Premises; provided that Landlord shall have the right to restrict or limit Tenant’s utilization of the parking areas in the amount of $0.00 per month for event the full Term same become overburdened and in such case to equitably allocate on proportionate basis or assign parking spaces among Tenant and the other tenants of the LeaseBuilding. Notwithstanding the foregoing, beginning with at no time shall Tenant be required to reduce its parking to less than 5 spaces per 1,000 RSF (this fraction is based upon Tenant leasing 89,878 RSF of space in the Commencement Date New Building) (this number excludes the “Parking Charge Abatement Period”aforementioned reserved parking spaces). The Landlord represents that the total amount of Parking Charges parking spaces available for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges tenants at the New Building as of the date that this Amendment is executed is 649. Landlord will endeavor, at no additional cost to Tenant, to expand the existing parking lot at the New Building so that Tenant will have six parking spaces per 1,000 RSF (this fraction is based upon Tenant leasing 89,878 RSF of space in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseNew Building).
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease (Accolade, Inc.), Lease (Accolade, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout During the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforTerm, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under shall have the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted right to use the Building Garage without number of Parking Spaces specified in Section 1.01(18) for parking on an unassigned basis on that portion of the Landlord’s prior written consentProject designated by Landlord from time to time for parking. Landlord reserves Tenant acknowledges and agrees that the right upon written notice posted parking spaces in the Building GarageProject’s parking facility may include a mixture of spaces for compact vehicles as well as full-size passenger automobiles, to change and that Tenant shall not use parking spaces for vehicles larger than the striped size of the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations spaces. Except as Landlord may deem appropriate.
B. In consideration for the Permitsprovided below, Tenant covenants and agrees to pay to Landlord during shall not park any vehicles at the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building GarageProject overnight. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Leaseforegoing, Tenant shall be entitled to an abatement of Parking Charges for the Permits park up to three (3) vehicles overnight in the amount Project’s parking facility, provided that (a) any such vehicles parked overnight shall be at Tenant’s sole risk, (b) Landlord shall not directly or indirectly be liable to Tenant or any other person for any damage, loss or theft related to such overnight parking of $0.00 per month for vehicles and Tenant hereby waives any and all claims, known or unknown, against and releases Landlord and the full Term Indemnitees from any and all claims arising as a consequence of the Leaseor related to any such damage, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Termloss or theft, and (c) any extension thereofsuch vehicles shall actively enter and leave on a regular, ongoing basis consistent with Tenant’s operations at the Premises and shall not be abandoned (i.e., not being moved at all for a period exceeding two (2) consecutive nights) by Tenant. Tenant fails to cure such Default within shall comply with any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the parking rules and regulations governing the use of the Building Garageif and as from time to time established by Landlord. Tenant shall not allow any vehicles using Tenant’s parking privileges to be parked, loaded or unloaded except in accordance with this Section, including but not limited in the areas and in the manner designated by Landlord for such activities. If any vehicle is using the parking or loading areas contrary to any provision of this Section, Landlord shall have the rules establishing time limits on the use of said Permits, shall entitle Landlordright, in addition to any all other rights and remedies provided hereunderof Landlord under this Lease, to terminate remove or tow away the Permits vehicle without prior notice to Tenant, and tow any vehicles which are in violation of said rules and regulations the cost thereof shall be paid to Landlord within twenty (20) days after notice from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromLandlord to Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Guardant Health, Inc.), Lease Agreement (Guardant Health, Inc.)
Parking. A. Landlord shall make Parking is available on the east side of the property in the area designated on site map as parking area only. User to Tenant, provided Tenant provide at User’s expense a parking attendant or attendants as needed to ensure that traffic flow and parking in designated areas are strictly adhered too. Le San Xxxxxxx is not responsible for theft or other damage to any vehicle, or possessions therein, during, prior or after event. Valet parking, although not required, but if desired is at the User’s expense. If Valet Parking is used the User must engage Le San Xxxxxxx’s identified exclusive vendor and be coordinated through Le San Xxxxxxx Management. Charges will vary depending upon number of vehicles. All transportation services will be at the expense of the User. No parking on driving on grass allowed with consequences of damage charges being deducted from Security Deposit for violations by User/Contracted Vendors/Guests. No parking in default under this Lease, throughout the Term Seven (7) driveway areas leading to parking permits (the “Permits”) area to allow for free traffic flow and access by emergency vehicles. Le San Xxxxxxx is not responsible for charges or damages to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking vehicles that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking get stuck in the Building Garage will be on a non-reserved, first-come, first-serve basismud. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord Le San Xxxxxxx reserves the right upon written notice posted in to inspect and control all private functions and does not, cannot, and will not assume liability for (1) any personal property or equipment of User or User’s guests or invitees brought to the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garageproperty, or portions thereof (2) any injury to make such repairs User of User’s guests or alterations as Landlord may deem appropriate.
B. In consideration for invitees brought to the Permitsproperty. USER HEREBY INDEMNIFIES, Tenant covenants DEFENDS AND HOLDS LE SAN XXXXXXX HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, COSTS AND EXPENSES BY ANY PARTY, INCLUDING GUESTS OF USER, ARISING OUT OF ANY SUCH EVENT. Accidents must be immediately reported in writing to the Le San Xxxxxxx at the address stated above and in any event within 24 hours. User agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal immediately deliver to the sum of $0.00 per month for each Permit issued Le San Xxxxxxx at the address stated above every process, pleading or paper relating to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence any claims or other grounds, against Landlord, its agents and employees proceedings arising out of any loss or damage to automobiles or other property while located in accident involving the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”)Facility. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default User shall not limit aid any claimant but shall cooperate fully with Le San Xxxxxxx in manners connected with any claims or affect any of Landlord’s other rightssuits. USER AGREES THAT AS PART OF THE TERMS OF THIS AGREEMENT USER ON BEHALF OF HIMSELF/HERSELF/ITSELF AND HIS/HER/ITS GUESTS, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement PeriodHEIRS, only Parking Charges for the Permits shall be abatedEXECUTORS, and all Base RentADMINISTRATORS, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseASSIGNS AND LEGAL REPRESENTATIVES AGREES TO INDEMNIFY AND HOLD HARMLESS LE SAN XXXXXXX AND ITS OWNERS, OFFICERS, REPRESENTATIVES AND EMPLOYEES FROM ANY AND ALL DAMAGES OR LIABILITY ARISING IN CONNECTION WITH OR RELATED TO RENTAL OF THE FACILITY, EXCEPT WHERE SUCH DAMAGES ARE CAUSED SOLELY BY THE ACTIONS OF LE SAN XXXXXXX.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Venue Rental Agreement, Venue Rental Agreement
Parking. A. Tenant shall have the right to use with other tenants or occupants of the Complex 161 parking spaces in the common parking areas of the Complex. Tenant agrees, that Tenant, Tenant's employees, agents, representatives and/or invitees shall not use parking spaces in excess of said 161 spaces allocated to Tenant hereunder. Landlord shall make available have the right, at Landlord's sole discretion, to specifically designate the location of Tenant, provided Tenant is not in default under this Lease, throughout 's parking spaces within the Term Seven (7) common parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation areas of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges Complex in the event of a Default dispute among the tenants occupying the building and/or Complex referred to herein, in which event Tenant agrees that Tenant, Tenant's employees, agents, representatives and/or invitees shall not limit or affect use any of Landlord’s parking spaces other rightsthan those parking spaces specifically designated by Landlord for Tenant's use. Said parking spaces, pursuant if specifically designated by Landlord to this Lease or Tenant, may be relocated by Landlord at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abatedany time, and all Base Rentfrom time to time, Additional Rent and other costs and charges specified in this Lease Landlord reserves the right, at Landlord's sole discretion, to rescind any specific designation of parking spaces. Tenant shall remain as due and payable pursuant not, at any time, park or permit to be parked, any trucks or vehicles adjacent to the provisions loading area as to interfere in any way with the use of this Lease.
C. The failure such areas, nor shall Tenant at any time park, or permit the parking of Tenant's 'trucks or other vehicles or the trucks and vehicles of Tenant's suppliers or others, in any portion of the common parking area or other common areas of the Complex. Tenant agrees to timely pay assume responsibility for compliance by its employees with the Parking Charge specified aboveparking provision contained herein. If Tenant or its employees park in other than such designated parking areas, the Landlord may charge Tenant, as an additional charge, and Tenant agrees to pay, ten ($10.00) Dollars per day for each day or partial day each such vehicle is parked in any area other than that designated. Tenant hereby authorizes Landlord at Tenant's sole expense to tow away from the Complex any vehicle belong to Tenant or Tenant's employees parked in violation of these provisions, or to comply with attach violation stickers or notices to such vehicles. Tenant shall use the rules parking area for vehicle parking only, and regulations governing shall not use the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability parking area for damages resulting therefromstorage.
Appears in 2 contracts
Samples: Lease Agreement (Ipass Inc), Lease Agreement (Ipass Inc)
Parking. A. Tenant shall have the right to use with other tenants or occupants of the Complex 67 parking spaces in the common parking areas of the Complex. Tenant agrees, that Tenant, Tenant's employees, agents, representatives and/or invitees shall not use parking spaces in excess of said 67 spaces allocated to Tenant hereunder. Landlord shall make available have the right, at Landlord's sole discretion, to specifically designate the location of Tenant, provided Tenant is not in default under this Lease, throughout 's parking spaces within the Term Seven (7) common parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation areas of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges Complex in the event of a Default dispute among the tenants occupying the building and/or Complex referred to herein, in which event Tenant agrees that Tenant, Tenant's employees, agents, representatives and/or invitees shall not limit or affect use any of Landlord’s parking spaces other rightsthan those parking spaces specifically designated by Landlord for Tenant's use. Said parking spaces, pursuant if specifically designated by Landlord to this Lease or Tenant, may be relocated by Landlord at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abatedany time, and all Base Rentfrom time to time. Landlord reserves the right, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant at Landlord's sole discretion, to rescind any specific designation of parking spaces, thereby returning Tenant's parking spaces to the provisions common parking area. Landlord shall give Tenant written notice of this Lease.
C. The failure any change in Tenant's parking spaces. Tenant shall not, at any time, park, or permit to timely pay be parked, any trucks or vehicles adjacent to the Parking Charge specified aboveloading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park, or permit the parking of Tenant's trucks or other vehicles or the trucks and vehicles of Tenant's suppliers or others, in any portion of the common area not designated by Landlord for such use by Tenant. Tenant shall not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the common parking area or other common areas of the Complex. Tenant agrees to assume responsibility for compliance by its employees with the parking provision contained herein. If Tenant or its employees park in other than such designated parking areas, then Landlord may charge Tenant, as an additional charge, and Tenant agrees to pay, ten ($10.00) Dollars per day for each day or partial day each such vehicle is parked in any area other than that designated. Tenant hereby authorizes Landlord at Tenant's sole expense to tow away from the Complex any vehicle belonging to Tenant or Tenant's employees parked in violation of these provisions, or to comply with attached violation stickers or notices to such vehicles. Tenant shall use the rules parking areas for vehicle parking only, and regulations governing shall not use the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability parking areas for damages resulting therefromstorage.
Appears in 2 contracts
Samples: Lease Agreement (Transmeta Corp), Lease Agreement (Transmeta Corp)
Parking. A. Landlord hereby grants to Tenant and Tenant’s Agents a non-exclusive license in common with other tenants of the Property to use parking areas located on the Property for parking and for ingress to and egress from the Property. Tenant’s license shall not be assigned, sublet or otherwise transferred separately from the Premises. Tenant agrees that neither Tenant nor Tenant’s Agents shall use parking spaces in areas not designated for Tenant’s use. Landlord shall make available have the right, at Landlord’s sole discretion (but subject to any covenants or restrictions encumbering the Property), to specifically designate the location of Tenant’s parking spaces (if any) within the parking areas of the Common Area. Tenant’s parking spaces (if any) may be relocated by Landlord from time to time upon written notice. Tenant shall not, provided at any time, park, or permit the parking of the trucks or vehicles of Tenant is or Tenant’s Agents in any portion of the Common Area not designated by Landlord for such use by Tenant. Provided that Landlord and its agents may also use the parking areas in default connection with the performance of its obligations or exercise of its rights under this Lease, throughout the Term Seven (7) Tenant’s right to use parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted shall be equal to Tenant, each ’s Share of parking (where the denominator used to determine such share shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued the square footages of all of the Rentable Area of the Property). Tenant shall not park nor permit to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata parked any inoperative vehicles or store any materials or equipment on any portion of the parking area or other areas of the Common Area. Tenant agrees to assume responsibility for compliance by Tenant’s Agents with the parking provisions contained in this Section. Tenant hereby authorizes Landlord at Tenant’s expense to attach violation stickers or notices to such Parking Charge shall vehicles not parked in compliance with this Section and to tow away any such vehicles. In addition, a specific section of the parking area may be payable set aside by Landlord for visitor parking for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseProperty.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Silicon Graphics Inc), Lease Agreement (Silicon Graphics Inc)
Parking. A. Landlord shall make available to TenantEffective as of August 1, provided Tenant is not in default under this Lease2010, throughout the Term Seven an additional sixty-three (763) unreserved parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each spaces shall be standard unreserved. In consideration therefor, allocated to Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under without charge so that Tenant shall then have the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be nonexclusive use on a non-reserved, “first-come, first” “first served” basis for passenger-serve basis. Landlord may elect to establish size automobiles of a total of one hundred sixty-two (162) unreserved parking zones spaces in the surface parking area associated with the Building Garage on the terms of the Lease. Tenant shall at all times abide by and if shall cause each of Tenant’s Entities (as defined in the Lease) to abide by any rules and regulations (“Parking Rules”) for use of the parking facilities that Landlord so electsreasonably establishes from time to time, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted otherwise agrees to use the Building Garage without the Landlord’s prior written consentparking facilities in a safe and lawful manner. Landlord reserves the right upon written notice posted to adopt, modify and enforce the Parking Rules governing the use of the parking facilities from time to time in a non-discriminatory manner, including any key-card, sticker or other identification or entrance system and hours of operation. Landlord may refuse to permit any person who violates such Parking Rules to park in the Building Garageparking facilities, and any violation of the Parking Rules shall subject the car to change removal from the parking system facilities at Tenant’s expense. Tenant acknowledges that to the fullest extent permitted by law, Landlord shall have no liability for any damage to property or other items located in the Building Garage parking facilities (including without limitation, any loss or damage to provide special requirements tenant’s automobile or the contents thereof due to theft, vandalism or accident), nor for weekendany personal injuries or death arising out of the use of the parking facilities by Tenant or any Tenant Entity, holiday whether or after hours usage not such loss or damage results from Landlord’s active negligence or negligent omission. The limitation on Landlord’s liability under the preceding sentence shall not apply however to loss or damage arising directly from Landlord’s willful misconduct or gross negligence. Tenant for itself and the Tenant Entities hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or any Tenant Entity arising as a result of parking in the parking facilities, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action and in all events, Tenant agrees to look first to its insurance carrier and to temporarily close require that the Building Garage, or portions thereof Tenant Entities look first to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration their respective insurance carriers for payment of any losses sustained in connection with any use of the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal facilities except to the sum extent caused by the gross negligence or willful misconduct of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove providedLandlord or Landlord’s agents. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself its insurance carriers all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force subrogation against Landlord or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseagents.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Reata Pharmaceuticals Inc), Lease (Reata Pharmaceuticals Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout Throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforLease Term, Tenant will pay shall have the right to Landlord as Additional Rent and with each installment of Base Rent due under the Leaseuse, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, “first-come, first-serve serve” basis. Landlord may elect to establish , in common with other tenants of the Building and free of parking zones charges, the number of unreserved parking spaces set forth in Section 12 of the Summary, which unreserved parking spaces are located in the Parking Facility servicing the Building Garage and if as shall be designated by Landlord so elects, from time to time for unreserved parking for the Permits may be issued to specifically identified vehicles and tenants of the Parking Charge may relate to specified zone(s) as determined by LandlordBuilding. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted Tenant’s continued right to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right parking spaces is conditioned upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month Tenant abiding by (A) the Parking Rules and Regulations which are in effect on the date hereof, as set forth in the attached Exhibit D and all reasonable modifications and additions thereto which are prescribed from time to time for the orderly operation and use of the Lease Term in Parking Facility by Landlord, and/or Landlord’s Parking Operator (as defined below), and (B) all recorded covenants, conditions and restrictions affecting the event the Commencement Date occurs on a date other than the first day of a calendar monthBuilding, and (ii) for upon Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with the last partial calendar month Parking Rules and Regulations (and all such modifications and additions thereto, as the case may be), any such other rules and regulations and covenants, conditions and restrictions. Landlord (and/or any other owners of the Lease Term in Project) specifically reserve the event right to change the term hereof expires size, configuration, design, layout, location and all other aspects of the Parking Facility (including without limitation, implementing paid visitor parking), and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Parking Facility, so long as the same does not (other than on a date other temporary basis of less than one (1) week) reduce the last day number and availability of parking spaces available to Tenant under this Lease. Landlord may delegate its responsibilities hereunder to a calendar month. Tenant’s obligation to pay parking operator (the “Parking Operator”) in which case the Parking Charge Operator shall be considered an obligation have all the rights of control attributed hereby to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay RentLandlord. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence Any parking tax or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained charges imposed by governmental authorities in connection with the use of said Building Garage. Notwithstanding anything in this Section of such parking shall be paid directly by Tenant or the Lease to the contraryparking users, so long as Tenant is not in Default under this Leaseor, if directly imposed against Landlord, Tenant shall be entitled to an abatement of Parking Charges reimburse Landlord for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date all such taxes and/or charges thirty (the “Parking Charge Abatement Period”)30) days after Landlord’s demand therefor. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If parking rights provided to Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Article 23 are provided solely for use by Tenant’s own personnel and such rights may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval, except in connection with an assignment of this Lease or at law or sublease of the Premises made in equityaccordance with Article 14 above. During All visitor parking by Tenant’s visitors shall be subject to availability, as reasonably determined by Landlord (and/or the Parking Charge Abatement PeriodOperator, only as the case may be), parking in such visitor parking areas as may be designated by Landlord (and/or the Parking Charges for the Permits shall be abatedOperator from time to time, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to payment by such visitors of the provisions of this Lease.
C. The failure to timely pay prevailing visitor parking rate (if any) charged by Landlord (and/or the Parking Charge specified above, or Operator) from time to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromtime.
Appears in 2 contracts
Samples: Lease (Applied Molecular Transport Inc.), Lease (Applied Molecular Transport LLC)
Parking. A. 41
(a) Landlord shall make available hereby grants to TenantTenant the right, provided in common with others authorized by Landlord, to use the parking facilities owned by Landlord within the parking garage and to use no more than the number of parking spaces equal to the ratio of 1.1 unreserved parking spaces per 1,000 rentable square feet contained in the First Floor Premises and any additional premises leased by Tenant is not in default under this Lease, throughout the Term Seven (7of this Lease. The maximum number of parking spaces allocated to Tenant pursuant to this Article 26, and Article 1(S) above shall not be exceeded, notwithstanding the number of Tenant's employees, customers or invitees. Landlord, at its sole election, may designate the types, sizes, configuration, and locations of parking permits (spaces within the “Permits”) parking facilities which Tenant shall be allowed to allow access use. Landlord shall have the right, at Landlord's sole election, to change said types, sizes, configuration, and locations within the parking garage located at from time to time; provided, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Property (Building. Tenant's right to use the “Building Garage”) which parking spaces is used appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with the operation an assignment of this Lease or sublease of all or a portion of the BuildingPremises approved by Landlord or as permitted by this Lease without requiring Landlord's approval.
(b) Commencing on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article 1, as Additional Rent, payable monthly in advance with the Base Rent. Of said Seven (7) Permits granted In addition to Tenantthe right reserved hereunder by Landlord to designate the parking rate from time to time, each which shall be standard unreserved. In consideration thereforbased on fair market parking rates in other comparable first class research and laboratory buildings in Cambridge, Tenant will pay to Massachusetts, Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves have the right upon written notice posted in the Building Garage, to change the parking system rate at any time to include therein any amounts levied, assessed, imposed or required to be paid to any governmental authority on account of the parking of motor vehicles, including all sums required to be paid pursuant to transportation controls imposed by the Environmental Protection Agency under the Clean Air Act of 1970, as amended, or otherwise required to be paid by any governmental authority with respect to the parking, use, or transportation of motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollution. Tenant shall be responsible for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out full amount of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of taxes imposed by any personal injuries sustained governmental authority in connection with the use of said Building Garage. Notwithstanding anything in this Section the parking facility by Tenant.
(c) If requested by Landlord, Tenant shall notify Landlord of the Lease license plate number, year, make and model of the automobiles then using the parking facilities and, if requested by Landlord, such automobiles shall be identified by automobile window stickers provided by Landlord, and only such designated automobiles shall be permitted to use the parking facilities. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional parking spaces for use by customers and invitees of Tenant on a daily basis at prevailing market parking rates, if any. At Landlord's sole election, Landlord may make validation stickers available to Tenant for any such additional parking spaces, provided, however, if Landlord makes validation stickers available to any other tenant in the Building, Landlord shall make such validation stickers available to Tenant. In the event Tenant exceeds the number of allotted parking spaces set forth in Article l(S) or if Landlord has instituted a window sticker or other parking procedure and Tenant's employees, customers or invitees do not comply with any such procedure, then in any of such events, Landlord shall be entitled to, without any liability to Tenant, its employees, customers or invitees, remove any vehicles not complying with Landlord's procedures or parking in excess of such allotted number of spaces. Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent other than the Parking Fee payable under this Lease, from time to time, but not for more than five (5) consecutive business days close-off or restrict access to the contraryparking facility for purposes. Of permitting or facilitating construction, so long as alteration or improvement, and Landlord shall use commercially reasonable efforts to provide substitute parking facilities for Tenant during such period. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the parking facility in which case such parking operator or lessee shall have all the rights of control attributed hereby to the Landlord.
(d) The parking facilities provided for herein are provided solely for the accommodation of Tenant its permitted successor assigns, subtenants, employees, invitees and guests, and Landlord assumes no responsibility or liabilities of any kind whatsoever from whatever cause with respect to the automobile parking areas, including adjoining streets, sidewalks, driveways, property and passageways, or the use thereof by Tenant or tenant's employees, customers, agents, controls or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord's prior written consent in accordance with the terms of this Lease. Tenant's continued right to use the parking facilities is conditioned upon Tenant abiding by all Rules and Regulations which are prescribed from time to time for the orderly operation and use of the parking facility, Tenant's cooperation in seeing that Tenant's employees and visitors also comply with such Rules and Regulations, and Tenant not being in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease (Archemix Corp.), Lease (Archemix Corp.)
Parking. A. Landlord shall make available to Tenant, provided (a) Provided Tenant is not in default of its obligations under this Lease, throughout the Term Seven (7) parking permits beyond any applicable notice and cure periods, Tenant will have a nonexclusive revocable license (the “PermitsLicense”) during the term of this Lease to allow access park up to the number of cars indicated in the Basic Lease Provisions in the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation area of the BuildingProperty. Of said Seven Landlord will not be responsible to Tenant for enforcing the License or for violation of the License by third parties. Any of the following actions by Tenant and/or Tenant’s Visitors will be deemed a material default under this Lease: (7i) Permits granted to Tenantthe use of more parking spaces than the number indicated in the Basic Lease Provisions; (ii) parking in spaces designated for the exclusive use of other parties, each shall be standard unreserved. In consideration therefor(iii) parking outside of marked parking spaces, Tenant will pay to Landlord as Additional Rent and with each installment (iv) the maintenance, repair or cleaning of Base Rent due under any vehicle in the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysparking area, and Holidays. Except with respect to (v) the violation of any limited reserved other parking that Landlord may establish rules and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined regulations promulgated by Landlord. If the number of parking spaces in the parking area of the Property is reduced by circumstances beyond the reasonable control of Landlord, the number of spaces indicated in the Basic Lease Provisions will be reduced proportionately.
(b) Landlord implements a system whereby only specifically identified will have no liability for any damage to vehicles are granted Permitson the Property or for any loss of property from within such vehicles, other vehicles shall not be permitted or for any injury suffered by Tenant’s employees or Tenant’s Visitors, except to use the Building Garage without the extent such loss, damage or injury is caused solely by Landlord’s prior written consentgross negligence or willful misconduct. Tenant shall advise its employees, Tenant’s Visitors, and any subtenant’s employees of the requirements of this Section 8.4 and Tenant shall be responsible for compliance by such parties with such requirements. If Tenant or Tenant’s Visitors park illegally or in areas designated for use by others, or in driveways, fire lanes or areas not striped for general parking or otherwise violate any parking rules and regulations promulgated by Landlord, then Landlord may, at Tenant’s sole cost and expense, tow such vehicles away from the Property and/or attach violation notices to such vehicles. Any amount due from Tenant pursuant to this Article will be deemed Additional Rent and Tenant shall pay such amounts to Landlord upon demand. Landlord reserves the right upon written notice posted right, from time to time, to assign and re-assign to Tenant and other tenants of the Building specific parking spaces, and Tenant agrees to be bound thereby, provided that the number of parking spaces indicated in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall Basic Lease Provisions will not be paid monthly in advance as hereinabove providedreduced. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge Nothing contained herein shall be deemed to be a default in impose any obligation on Landlord to police the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseparking area.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Roka BioScience, Inc.), Lease Agreement (Roka BioScience, Inc.)
Parking. A. Tenant shall have the right to use with other tenants or occupants of the Complex 117 parking spaces in the common parking areas of the Complex. Tenant agrees, that Tenant, Tenant's employees, agents, representatives and/or invitees shall not use parking spaces in excess of said 117 spaces allocated to Tenant hereunder. Landlord shall make available have the right, at Landlord's sole discretion, to specifically designate the location of Tenant, provided Tenant is not in default under this Lease, throughout 's parking spaces within the Term Seven (7) common parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation areas of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges Complex in the event of a Default dispute among the tenants occupying the building and/or Complex referred to herein, in which event Tenant agrees that Tenant. Tenant's employees, agents, representatives and/or invitees shall not limit or affect use any of Landlord’s parking spaces other rightsthan those parking spaces specifically designated by Landlord for Tenant's use. Said parking spaces, pursuant if specifically designated by Landlord to this Lease or Tenant, may be relocated by Landlord at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abatedany time, and all Base Rentfrom time to time. Landlord reserves the right, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant at Landlord's sole discretion, to rescind any specific designation of parking spaces, thereby returning Tenant's parking spaces to the provisions common parking area. Landlord shall give Tenant written notice of this Lease.
C. The failure any change in Tenant's parking spaces. Tenant shall not, at any time, park, or permit to timely pay be parked, any trucks or vehicles adjacent to the Parking Charge specified aboveloading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park, or permit the parking of Tenant's trucks or other vehicles or the trucks and vehicles of Tenant's suppliers or others, in any portion of the common area not designated by Landlord for such use by Tenant. Tenant shall not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the common parking area or other common areas of the Complex. Tenant agrees to assume responsibility for compliance by its employees with the parking provision contained herein. If Tenant or its employees park in other than such designated parking areas, then Landlord may charge Tenant, as an additional charge, and Tenant agrees to pay, ten ($10.00) Dollars per day for each day or partial day each such vehicle is parked in any area other than that designated. Tenant hereby authorizes Landlord at Tenant's sole expense to tow away from the Complex any vehicle belonging to Tenant or Tenant's employees parked in violation of these provisions, or to comply with attach violation stickers or notices to such vehicles. Tenant shall use the rules parking areas for vehicle parking only, and regulations governing shall not use the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability parking areas for damages resulting therefromstorage. See Paragraph 55.
Appears in 2 contracts
Samples: Lease Agreement (Saba Software Inc), Lease Agreement (Saba Software Inc)
Parking. A. (i) Commencing on the Term Commencement Date, Tenant shall have the appurtenant right to use up to 3.2 unreserved parking spaces for standard size automobiles and small utility vehicles per 1,000 rentable square feet of the Premises, at no additional cost to Tenant. The parking spaces shall be used by Tenant and Tenant’s employees and business invitees and may be located on the Property and/or within the Building, and the location of said parking spaces, and the layout and location of the parking facilities, are subject to change from time to time. Tenant’s right to use such parking spaces shall be non-exclusive.
(ii) None of Tenant’s parking rights hereunder shall be assigned or sublicensed except in connection with a Transfer permitted under Article 13. Landlord shall have the right to make such parking available pursuant to a pass system or on any other reasonable basis determined by Landlord, and such parking rights shall be subject to Landlord’s reasonable rules and regulations of which Tenant is provided written notice, from time to time, and the right of Landlord to limit the number of parking spaces available to Tenant, provided its employees and invitees, where the use of the same exceeds the above-stated ratio. Tenant acknowledges that Landlord has informed Tenant that Landlord intends to allocate in its tenant leases more than the actual parking spaces servicing the Property. It is further acknowledged and agreed that as a consequence of such over-allocation of parking spaces, there may occasionally occur instances in which the number of parking spaces actually available to Tenant shall be less than the Parking Spaces to which Tenant is not in default entitled under this Lease, throughout . Landlord shall incur no liability to Tenant as a consequence of such over-allocation of parking spaces. Landlord shall have the Term Seven (7) parking permits (the “Permits”) right to allow access to alter the parking garage located at the Property (the “Building Garage”) which is used in connection with the areas or their operation of the Building. Of said Seven (7) Permits granted from time to Tenanttime, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations for maintenance as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar monthnecessary. Tenant’s obligation to pay the Parking Charge parking privileges constitute a license only, and no bailment is intended or shall be considered an obligation to pay Rent created. Neither Landlord nor any parking operator of the parking areas will have any responsibility for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage due to automobiles fire or other property while located theft or otherwise to any automobile parked in the Building Garage, parking areas or arising out of to any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseproperty therein.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Xenetic Biosciences, Inc.), Lease Agreement (Xenetic Biosciences, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout Throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforLease Term, Tenant will pay shall have the right to Landlord as Additional Rent and with each installment of Base Rent due under the Leaseuse, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, “first-come, first-serve serve” basis. Landlord may elect to establish , in common with other tenants of the Building and free of parking zones charges, the number of unreserved parking spaces set forth in Section 12 of the Summary, which unreserved parking spaces are located in the Parking Area servicing the Building Garage and if as shall be designated by Landlord so elects, from time to time for unreserved parking for the Permits may be issued to specifically identified vehicles and tenants of the Parking Charge may relate to specified zone(s) as determined by LandlordBuilding. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted Tenant’s continued right to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right parking spaces is conditioned upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month Tenant abiding by (A) the Parking Rules and Regulations which are in effect on the date hereof, as set forth in the attached Exhibit D and all modifications and additions thereto which are prescribed from time to time for the orderly operation and use of the Lease Term in Parking Area by Landlord, and/or Landlord’s Parking Operator (as defined below), and (B) all recorded covenants, conditions and restrictions affecting the event the Commencement Date occurs on a date other than the first day of a calendar monthBuilding, and (ii) for upon Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with the last partial calendar month Parking Rules and Regulations (and all such modifications and additions thereto, as the case may be), any such other rules and regulations and covenants, conditions and restrictions. Landlord specifically reserves the right to change the size, configuration, design, layout, location and all other aspects of the Lease Term in the event the term hereof expires on a date other than the last day Parking Area (including without limitation, implementing paid visitor parking), and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of a calendar month. Tenant’s obligation Rent under this Lease, from time to pay time, close-off or restrict access to the Parking Charge Area. Landlord may delegate its responsibilities hereunder to a parking operator (the “Parking Operator”) in which case the Parking Operator shall be considered an obligation have all the rights of control attributed hereby to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay RentLandlord. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence Any parking tax or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained charges imposed by governmental authorities in connection with the use of said Building Garage. Notwithstanding anything in this Section of such parking shall be paid directly by Tenant or the Lease to the contraryparking users, so long as Tenant is not in Default under this Leaseor, if directly imposed against Landlord, Tenant shall be entitled to an abatement of Parking Charges reimburse Landlord for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date all such taxes and/or charges within ten (the “Parking Charge Abatement Period”)10) days after Xxxxxxxx’s demand therefor. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If parking rights provided to Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Article 23 are provided solely for use by Tenant’s own personnel and such rights may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval, except in connection with an assignment of this Lease or at law or sublease of the Premises made in equityaccordance with Article 14 above. During All visitor parking by Tenant’s visitors shall be subject to availability, as reasonably determined by Landlord (and/or the Parking Charge Abatement PeriodOperator, only as the case may be), parking in such visitor parking areas as may be designated by Landlord (and/or the Parking Charges for the Permits shall be abatedOperator from time to time, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to payment by such visitors of the provisions of this Lease.
C. The failure to timely pay prevailing visitor parking rate (if any) charged by Landlord (and/or the Parking Charge specified above, or Operator) from time to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromtime.
Appears in 2 contracts
Samples: Lease (Sionna Therapeutics, Inc.), Lease (Sionna Therapeutics, Inc.)
Parking. A. During the Term, Landlord shall make available will provide or will cause the garage operator to Tenantprovide Tenant with the right, provided Tenant is but not in default under this Leasethe obligation, throughout the Term Seven to receive up to fourteen (714) parking permits passes for use of unreserved parking spaces located in one or more of the following parking areas (each, a “Parking Facility” and collectively, the “PermitsParking Facilities”), as designated by Landlord: (i) the structured parking garage commonly known as 100 XxxxxxxxxXxxx Xxxxx, (ii) the structured parking garage commonly known as 80 XxxxxxxxxXxxx Xxxxx, and/or (iii) the structured parking garage commonly known as 160 CambridgePark Drive. In the event that Tenant (x) elects not to allow access to receive, or (y) surrenders any of the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord passes during the Term, as Additional Rent thereunder, Txxxxx’s right to receive the surrendered parking passes at a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge future date shall be paid monthly in advance as hereinabove providedsubject to availability. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event Commencing on the Commencement Date occurs on and thereafter throughout the Term, Tenant shall pay, as Additional Rent, a date other than monthly parking charge for such parking passes, which charge shall be at the first day of a calendar month, and (ii) for prevailing rate established by the last partial calendar month operator of the Lease Term in Parking Facility from time to time. The parking passes shall be used only for parking duly registered and operating private passenger motor vehicles owned and operated by Tenant or its employees. Except for transfers of any parking passes to permitted subtenants, the event parking passes shall not be transferable. Landlord shall have the term hereof expires on a date other than right from time to time to designate the last day location of a calendar month. Tenant’s obligation parking spaces and to pay promulgate reasonable rules and regulations regarding the Parking Charge Facilities and the use thereof. Tenant shall comply with and cause its employees to comply with all such rules and regulations as well as all reasonable additions and amendments thereto. Except to the extent otherwise provided in M.G.L. Chapter 186, Section 15, neither the operator of the Parking Facility nor Landlord shall be considered an obligation to pay Rent liable for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permitsany loss, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss injury or damage to automobiles persons using the Parking Facility or motor vehicles or other property while located in the Building Garagetherein, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease and, to the contraryfullest extent permitted by law, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, Parking Facility shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage be at the sole cost and expense risk of Tenant and without liability for damages resulting therefromits employees.
Appears in 2 contracts
Samples: Lease Agreement (Aurion Biotech, Inc.), Lease Agreement (Aurion Biotech, Inc.)
Parking. A. Landlord hereby acknowledges that Tenant shall make available have the right to restripe parking lots at Tenant, 's own expense (provided Tenant is not the only occupant of a Complex to be restriped). Any restriping shall be in default under compliance with all applicable codes and regulations and Landlord shall cooperate with Tenant in this Lease, throughout effort. Tenant shall have the Term Seven (7) parking permits (the “Permits”) right to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection use with the operation other tenants or occupants of the BuildingComplex its proportionate share of parking spaces in the common parking areas of the Complex. Of said Seven (7) Permits granted to Tenant agrees that Tenant, each Tenant's employees, agents, representatives and/or invitees shall be standard unreserved. In consideration therefor, not use parking spaces outside of the Complex parking allocated to Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basishereunder. Landlord may elect to establish parking zones in shall have the Building Garage and if Landlord so electsright, the Permits may be issued at Landlord's sole discretion, to specifically identified vehicles and designate the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use location of Tenant's parking spaces within the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the common parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month areas of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges Complex in the event of a Default dispute among the tenants occupying the building and/or Complex referred to herein, in which event Tenant agrees that Tenant, Tenant's employees, agents, representatives and/or invitees shall not limit or affect use any of Landlord’s parking spaces other rightsthan those parking spaces specifically designated by Landlord for Tenant's use. Said parking spaces, pursuant if specifically designated by Landlord to this Lease or Tenant, may be relocated by Landlord at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abatedany time, and all Base Rentfrom time to time. Landlord reserves the right, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant at Landlord's sole discretion, to rescind any specific designation of parking spaces, thereby returning Tenant's parking spaces to the provisions common parking area. Landlord shall give Tenant written notice of this Lease.
C. The failure any change in Tenant's parking spaces. Tenant shall not, at any time, park, or permit to timely pay be parked, any trucks or vehicles adjacent to the Parking Charge specified aboveloading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park, or permit the parking of Tenant's trucks or other vehicles or the trucks and vehicles of Tenant's suppliers or others, in any portion of the common area not designated by Landlord for such use by Tenant. Tenant shall not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the common parking area or other common areas of the Complex. Tenant agrees to assume responsibility for compliance by its employees with the parking provision contained herein. If Tenant or its employees park in other than such designated parking areas, then Landlord may charge Tenant, as an additional charge, and Tenant agrees to pay, ten ($10.00) Dollars per day for each day or partial day each such vehicle is parked in any area other than that designated. Tenant hereby authorizes Landlord at Tenant's sole expense to tow away from the Complex any vehicle belonging to Tenant or Tenant's employees parked in violation of these provisions, or to comply with attach violation stickers or notices to such vehicles. Tenant shall use the rules parking areas for vehicle parking only, and regulations governing shall not use the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability parking areas for damages resulting therefromstorage.
Appears in 2 contracts
Samples: Lease Agreement (Intuit Inc), Lease Agreement (Intuit Inc)
Parking. A. Landlord Tenant shall make available be entitled to Tenantuse, provided Tenant is not commencing on the Commencement Date, the number of unreserved parking passes set forth in default under this LeaseArticle 1.J. of the Basic Lease Provisions, throughout the Term Seven (7) which parking permits (the “Permits”) to allow access passes shall pertain to the Project parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Buildingfacility. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees required to pay to Landlord any fee for such unreserved parking passes during the Terminitial Term of this Lease; however, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge Tenant shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable responsible for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out full amount of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of taxes imposed by any personal injuries sustained governmental authority in connection with the use of said Building Garage. Notwithstanding anything in this Section such parking passes by Tenant or the use of the Lease parking facility by Tenant. Tenant’s continued right to use the contraryparking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, so long as including any sticker or other identification system established by Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations, and Tenant is not being in Default default under this Lease. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of rent under this Lease, from time to time, close-off or restrict access to the Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may, from time to time, relocate any reserved parking spaces (if any) used by Tenant shall be entitled to an abatement of Parking Charges for the Permits another location in the amount of $0.00 per month for the full Term Project parking facility. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the Lease, beginning with parking facility in which case such parking operator or lessee shall have all the Commencement Date (rights of control attributed hereby to the “Parking Charge Abatement Period”)Landlord. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment parking passes used by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease Article 23 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseotherwise alienated by Tenant without Landlord’s prior approval.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Standard Office Lease (Vital Therapies Inc), Standard Office Lease (Vital Therapies Inc)
Parking. A. Landlord During the Term, Tenant shall make available to Tenantlease from Landlord, provided at a minimum, 1.54 parking stalls for each 1,000 square feet of Rentable Area of the Premises for use by Tenant is not and its employees, guests and visitors. All such stalls shall be located on the Property or in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at 000 Xxxxx Xxxxxx and shall be leased by Tenant at the Property monthly rate of $100.00 for each stall during the first Lease Year, which rate shall increase on each annual anniversary thereafter at the rates set forth for increases to Monthly Base Rent as set forth in Section 1.1(8) above. Tenant may lease from Landlord, subject to availability, up to a maximum of 3.00 parking stalls for each 1,000 square feet of Rentable Area of the Premises. Landlord shall first endeavor to provide such additional parking stalls in the 000 Xxxxx Xxxxxx garage, to the extent stalls in such garage are available and not committed to other tenants of the Aquatic Park Center Campus pursuant to a binding lease agreement. In addition, in the event Tenant elects to lease more than the minimum amount of stalls (the “Building Garage”i.e., 1.54 per 1,000) which is used in connection and if providing Tenant with the operation ability to effectively use such additional stalls will require Landlord to institute valet services, off-site parking or other measures due to stalls in the 710 Heinz Avenue garage being committed to other tenants of the BuildingAquatic Park Center Campus pursuant to binding leases, then Tenant shall reimburse Landlord, as additional Rent hereunder, within ten (10) days of demand therefor for all costs actually incurred by Landlord in order to secure and provide such additional parking services and availability, which costs shall not include (i) costs of a capital nature, unless amortized as provided in the definition of Operating Expenses, or (ii) expenses or acquisition costs related to the construction or acquisition of additional parking areas. Of said Seven (7) Permits granted In the event Tenant fails at any time to Tenantpay the full amount of any such parking charges or reimbursements, each then in addition to all other remedies available to Landlord hereunder, Xxxxxx’s parking rights shall be standard unreservedreduced to the extent of Tenant’s failure to pay for the same. In consideration thereforThe locations and type of parking shall be designated by Landlord or Landlord’s parking operator from time to time, provided that in no event shall Tenant will be required to use valet or off-site parking if the 000 Xxxxx Xxxxxx garage have parking stalls that are not committed to other tenants within the Aquatic Park Center Campus pursuant to a binding lease. Tenant acknowledges and agrees that the parking stalls serving the Project may, subject to the other provisions of this Section 2.5, include tandem and/or valet parking and a mixture of stalls for compact vehicles as well as full-size passenger automobiles, and that Tenant shall not use parking stalls for vehicles larger than the striped size of the parking stalls. All vehicles utilizing Tenant’s parking privileges shall prominently display identification stickers or other markers, and/or have passes or keycards for ingress and egress, as may be required and provided by Landlord or its parking operator from time to time. Tenant shall comply with any and all parking rules and regulations from time to time established by Landlord or Landlord’s parking operator, including a requirement that Tenant pay to Landlord as Additional Rent or Landlord’s parking operator a charge for loss and replacement of passes, keycards, identification stickers or markers, and for any and all loss or other damage caused by persons or vehicles related to use of Tenant’s parking privileges. Tenant shall not allow any vehicles using Tenant’s parking privileges to be parked, loaded or unloaded except in accordance with each installment this Section, including in the areas and in the manner designated by Landlord or its parking operator for such activities. If any vehicle is using the parking or loading areas contrary to any provision of Base Rent due this Section, Landlord or its parking operator shall have the right, in addition to all other rights and remedies of Landlord under the this Lease, to remove or tow away the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage vehicle without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge the cost thereof shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the to Landlord within ten (i10) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against days after notice from Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Sub Sublease (Carmot Therapeutics Inc.), Sub Sublease (Carmot Therapeutics Inc.)
Parking. A. (a) Landlord agrees that, provided that no Event of Default shall make available to be continuing hereunder, Landlord will confer upon Tenant, provided during the Term of this Lease, the right and license to use five (5) of Landlord’s non-reserved parking spaces designated by landlord in the 000 Xxxxx Xxxxxxxx and twenty (20) of Landlord’s non-reserved parking spaces either in the garage in 000 Xxxxx Xxxxxxxxx Xxxxxx or at 000 Xxxxx Xxxxxxxx Xxxxxx, Chicago, Illinois, as designated by Landlord (collectively, the “Parking Spaces”) for purposes of parking the passenger automobiles of Tenant and Tenant’s principals and employees working at the Premises. Tenant shall pay to Landlord monthly, in advance as Additional Rent, a parking fee equal to the number of Parking Spaces multiplied by the applicable current monthly market rental rate for parking spaces in the applicable garage as is not in default being offered to the general public by Landlord, as the same may be adjusted by Landlord from time to time. Any parking fees due hereunder shall constitute Additional Rent under this Lease. On or before the Commencement Date, throughout Tenant shall send Landlord written notice setting forth the Term Seven number of Parking Spaces (7up to an aggregate maximum of twenty (20)) parking permits (that Tenant elects to use and license in the “Permits”) 000 Xxxxx Xxxxxxxxx Xxxxxx and/or 000 Xxxxx Xxxxxxxx Xxxxxx, garages, and Tenant shall be deemed to allow access have irrevocably and unconditionally relinquished, for the entire term of this Lease and any Renewal Term, the right to use or license any Parking Spaces in such garages in excess of the parking garage located at the Property (the “Building Garage”) which is used number of such spaces set forth in Tenant’s notice. Tenant and its employees shall comply with all Legal Requirements and all of Landlord’s reasonable rules, regulations and security requirements in connection with the operation Tenant’s use of the BuildingParking Spaces. Of said Seven (7) Permits granted to Tenant, each Tenant shall be standard unreserved. In consideration thereforresponsible for any loss, Tenant will pay damage or injury to Landlord persons or property caused as Additional Rent and with each installment a result of Base Rent due under the Lease, its or its employees’ use of the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between Spaces or the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for area in which Landlord may increase the Parking ChargeSpaces are located (including, all tenant parking without limitation, theft, vandalism or other criminal act). Landlord shall not be responsible for any loss or damage to, or theft of, any property or automobiles located in the Building Garage will be on a non-reserved, first-come, first-serve basisParking Spaces or parking area. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles Tenant shall not be permitted to use perform any Alterations with respect to the Building Garage without Parking Spaces. The privileges granted Tenant under this Section 10.7 merely constitute a license and shall not be deemed to grant Tenant a leasehold or other real property interest in the LandlordParking Spaces, the building(s) in which the same are located, or any portion thereof. The license granted to Tenant in this Section 10.7 shall automatically terminate and expire upon the expiration or earlier termination of this Lease and the termination of such license shall be self-operative and no further instrument shall be required to effect such termination. The rights conferred upon Tenant pursuant to this Section 10.7 shall not be assignable, subleasable or transferable separately from Tenant’s prior written consent. Landlord reserves interest in this Lease (as governed by Article 14 hereof).
(b) Notwithstanding anything to the right upon contrary set forth in Subsection (a) above, in the event that Tenant (i) fails to pay Additional Rent for the Parking Spaces (or any portion thereof), and such failure continues for a period of ten (10) Business Days after written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as from Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month fails to take possession of all or substantially all of the Lease Term in Parking Spaces within six (6) months after the event Commencement Date, and such failure continues for a period of ten (10) Business Days after written notice thereof from Landlord to Tenant, or (iii) fails to use the term hereof expires Parking Spaces (or any portion thereof) which Tenant has the right to use under this Section 10.7 on a date other than the last day regular and consistent basis, and such failure continues for a period of a calendar month. twenty (20) Business Days after written notice thereof from Landlord to Tenant, then Tenant’s right to use such Parking Space(s) (or portion thereof) shall, from and after the expiration of such ten (10) or twenty (20) Business Day period referred to above, as applicable, terminate, expire and be of no further force or effect (without any reduction of Fixed Rent or any other obligation or liability of Tenant hereunder, but with a corresponding reduction in Additional Rent with respect to pay the reduction of Parking Charge Spaces (or any portion thereof)) and Landlord shall be considered an obligation free to pay Rent for use (or grant or confer upon any other Person the right to use) all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of or any such Parking Charge Space(s) upon such terms and conditions as Landlord shall be deemed to be a default determine, in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. sole discretion.
(c) Notwithstanding anything to the contrary contained in this Section of the Lease to the contrary10.7, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults if at any time during the TermTerm of this Lease the Tenant shall not be in occupancy of fifty percent (50%) or more of the Rentable Square Footage of the Premises Area for a period in excess of twenty (20) consecutive calendar days (“Occupancy Threshold”), and any extension thereof, and Tenant fails to cure such Default within any applicable cure period unless as a result of Landlord’s continuing default under the Lease, all Abated Tenant shall have no right to license the Parking Charges shall immediately become due and payableSpaces, and all future rights if Tenant is using any Parking Spaces under this Section 10.7, Tenant’s license to use such Parking Spaces shall automatically be revoked and Tenant shall cease using such Parking Spaces within forty-eight (48) hours of Tenant to the Abated Parking Charges shall be null and void and receipt of no further force or effect. The payment by Tenant written notice from Landlord of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasesuch revocation.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Groupon, Inc.), Lease Agreement (Groupon, Inc.)
Parking. A. Landlord Tenant shall make available have the non-exclusive right to use a number of parking stalls located on the Property equal to Tenant’s Parking Stall Allocation, provided together with the non-exclusive right to use such additional parking stalls on the Property as may be needed by Tenant is not in default under this Leasefor the Permitted Use, throughout the Term Seven up to a maximum of sixty (760) additional parking permits (the “Permits”) to allow access stalls, to the extent that such additional parking garage located at the Property (the “Building Garage”) which is used in connection with the operation stalls are available. If Tenant uses a number of parking stalls greater than Tenant’s Parking Stall Allocation and Landlord reasonably determines that such excess use creates a parking problem for any other tenant of the Building. Of said Seven , then on at least thirty (730) Permits granted days’ prior written notice, (a) Tenant shall thereafter only use a number of parking stalls located on the Property equal to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the ’s Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, SundaysStall Allocation, and Holidays. Except with respect (b) Landlord shall provide to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be Tenant on a non-reservedexclusive basis such additional parking stalls as may be needed by Tenant for the Permitted Use, first-comeup to a maximum of fifty (50) additional parking stalls, first-serve basisin a designated area within the RiverPark Corporate Center that is within a reasonable walking distance from the Building. Automobiles of Tenant and Tenant’s Occupants shall be parked only within parking areas not otherwise reserved by Landlord or specifically designated for use by any other tenant or occupants associated with any other tenant. Landlord may elect from time to establish time make such reasonable, nondiscriminatory rules and regulations regarding parking zones in the Building Garage as Landlord reasonably determines to be necessary or appropriate; provided, however, that such rules and if regulations shall not materially and adversely affect Tenant’s parking rights under this Lease. Landlord so electsand Landlord’s employees may, the Permits without any liability to Tenant or Tenant’s Occupants, cause to be removed any automobile of Tenant or Tenant’s Occupants that may be issued parked wrongfully in a prohibited or reserved parking area, and Tenant agrees to specifically identified vehicles indemnify, defend and the Parking Charge may relate to specified zone(s) as determined by Landlordhold harmless Landlord from and against all claims, liabilities and expenses, including attorneys’ fees, arising in connection with such removal. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, provides reserved parking stalls for the exclusive use of any other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted tenant in the Building GarageBuilding, Landlord shall also offer the same number of reserved parking stalls to change Tenant on a proportionate basis as any other such tenant. As used in the immediately preceding sentence, “on a proportionate basis” refers to the number of reserved parking system for stalls proportionate to the Building Garage total number of parking stalls allocated to provide special requirements for weekendsuch other tenant. For example purposes only, holiday or after hours usage if another tenant received four (4) reserved parking stalls out of a total of one hundred sixteen (116) parking stalls allocated to such other tenant, and Tenant’s Parking Stall Allocation was equal to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permitsfifty-eight (58) parking stalls, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall would be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date two (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 2) reserved parking stalls and fifty-six (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease56) unreserved parking stalls.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not may park in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved ’s parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge facilities (the “Parking ChargeFacility”) equal to ), in common with other tenants of the sum Building, upon the following terms and conditions. Tenant shall not use more than the number of $0.00 per month unreserved and/or reserved parking spaces set forth in Section 1.9. Tenant shall pay Landlord, in accordance with Section 3, any fees for each Permit issued the parking spaces described in Section 1.9. Landlord shall not be liable to Tenant, nor shall this Lease be affected, if any parking, is impaired by (or any parking charges are imposed as a result of) any Law. Tenant shall comply with all reasonable rules and such regulations established by Landlord from time to time for the orderly operation and use of the Parking Charge Facility, including any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, in its discretion, allocate and assign parking passes among Tenant and the other tenants in the Building. Tenant’s use of the Parking Facility shall be paid monthly at Tenant’s sole risk, and Landlord shall have no liability for any personal injury or damage to or theft of any vehicles or other property occurring in advance as hereinabove providedthe Parking Facility or otherwise in connection with any use of the Parking Facility by Tenant, its employees or invitees. A pro rata portion Landlord may alter the size, configuration, design, layout or any other aspect of such the Parking Charge shall be payable for Facility, and, in connection therewith, temporarily deny or restrict access to the Parking Facility, in each case without abatement of Rent or liability to Tenant. Landlord may delegate its responsibilities hereunder to a parking operator, in which case (i) first partial calendar month such parking operator shall have all the rights of control reserved herein by Landlord, (ii) at no additional cost or additional liability to Tenant, Tenant shall enter into a parking agreement with such parking operator that shall contain the Lease Term in same terms as contained hereof for parking, (iii) Tenant shall pay such parking operator, rather than Landlord, any charge established hereunder for the event the Commencement Date occurs on a date other than the first day of a calendar monthparking spaces, and (iiiv) Landlord shall have no liability for claims arising through acts or omissions of such parking operator except to the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar monthextent caused by Landlord’s gross negligence or willful misconduct. Tenant’s obligation to pay parking rights under this Section 24 are solely for the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is benefit of Tenant’s obligation to pay Rent. Default in the payment of employees and invitees and such Parking Charge shall rights may not be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of transferred without Landlord’s other rightsprior consent, except pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasea Transfer permitted under Section 14.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)
Parking. A. Subject to the Rules and Regulations, Tenant’s Invitees are authorized to use 2 parking spaces in the Parking Areas per 1,000 leasable square feet of the Premises. There shall be no charge to Tenant for the use of surface parking spaces (“Surface Spaces”) in the Parking Areas. For the use of parking spaces in any garage/structured parking facility (“Structured Spaces”) now or hereafter included in the Parking Areas, (a) there shall be no charge for the first thirty (30) months after the Commencement Date, and (b) after the first thirty (30) months after the Commencement Date, Tenant shall pay to or at the direction of Landlord a monthly parking charge, in addition to Base Rent, for each Structured Space based on the fair market charge for similar spaces in the market area of the Project, as determined and adjusted by Landlord and/or Other Landlords from time to time in their reasonable discretion. Upon request, Landlord shall make available provide Tenant with such market analysis or other information as was used to Tenant, provided Tenant is not in default under this Lease, throughout determine the Term Seven (7) fair market charge for Structured Spaces. At such times that the parking permits (the “Permits”) to allow access spaces allocated to the parking garage located at the Property Building (the “Building Garage”as determined pursuant to Section 4.2(f) which is used in connection with the operation of the Building. Of said Seven (7Declaration) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent include both Surface Spaces and with each installment of Base Rent due under the LeaseStructured Spaces, the Parking Charge (hereinafter defined) hereinafter provided. The Permits proportion of Tenant’s parking spaces that will be Structured Spaces shall only be valid between not exceed the hours proportion of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect parking spaces allocated to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisthat are Structured Spaces. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles Tenant shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month permit any of Tenant’s Invitees (other than visitors) to park in spaces designated as ‘‘visitor” spaces, (ii) permit any of Tenant’s invitees to park in spaces designated as “reserved” spaces (unless reserved for Tenant), (iii) permit the total number of passenger automobiles parked in the Parking Areas by Tenant’s Invitees, at any time, to exceed 2 per 1,000 square feet of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthPremises, and (iiiv) except for delivery trucks using designated loading and unloading facilities, permit any of Tenant’s Invitees to park any vehicle on the Project other than passenger automobiles. Landlord and/or Other Landlords may, from time to time, designate one or more spaces in the Parking Areas as reserved for the last partial calendar month exclusive use of one or more of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section tenants of the Lease to the contraryProject and/or for Landlord’s and/or Other Landlords’ Invitees, so long as Landlord causes to be available to Tenant is not in Default under the parking required by this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseSection.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Sublease Agreement (Genocea Biosciences, Inc.), Sublease Agreement (Genocea Biosciences, Inc.)
Parking. A. Landlord Tenant and its employees, invitees and Transferees (if any) shall make available have the right to Tenantpark, provided Tenant is not at any given time, in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. Facility, subject to such reasonable rules and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations regulations as Landlord may deem appropriate.
B. In consideration for establish. Such parking rights shall be exclusive to Tenant (subject to Landlord’ s and its representatives right to park in the Permits, Tenant covenants and agrees to pay to Landlord Parking Facility during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal any entry to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (iiProject permitted herein) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not the sole occupant and no Event of Default has occurred. The Project will include 177 covered parking spaces and 630 surface parking spaces. Tenant shall have the right, at Tenant’s sole cost and expense, and subject to Landlord’s reasonable approval and all Applicable Laws, to create the maximum number of parking spaces permitted by Applicable Law, including the current zoning ordinance pertaining to the Project. Subject to Applicable Laws and so long as Tenant is leasing the entire Premises, Tenant (but no Transferees) shall have the ability to park in Default under unpaved areas of the Project for temporary overflow parking of Tenant’s employees and guests without being held in default of this Lease, ; provided that (i) Tenant shall be entitled responsible for promptly repairing any damage to an abatement of Parking Charges such unpaved areas caused by such use and restoring the same to the condition prior to such use (or, at Landlord’s election reimbursing Landlord for the Permits costs incurred by Landlord to repair and restore same); and (ii) neither Landlord nor Manager shall be in default or held liable for failing to maintain landscaping in accordance with Comparable Buildings in any unpaved areas where Tenant’s employees or guests are parking. Landlord shall have no liability for any damage to persons or property which may occur in, on, or about the amount of $0.00 per month Parking Facility. Tenant shall have the right, in its sole discretion, to designate certain parking spaces as reserved spaces for the full Term use by visitors or occupants of the Lease, beginning with Building; and Tenant reserves the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during right to relocate such reserved spaces to another location within the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults Facility from time to time and at any time during time. Subject to and in compliance with all Applicable Laws, Tenant reserves the Termright to use the Parking Facility for other purposes than parking (games, events, etc.) and any extension thereof, and Tenant fails also reserves the right to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant install security access gates throughout certain section of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant Facility restricting such areas from visitors (provided that emergency access will be available to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseemergency vehicles.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)
Parking. A. Landlord shall make available (a) Lease and Paragraph 7 of the First Amendment are hereby deleted in their entirety and replaced with the provisions of this Paragraph 16. Notwithstanding anything to Tenantthe contrary herein, provided Tenant is not in default under this Lease, throughout Lessor hereby grants to Lessee an option at any time or times during the Term Seven term hereof to use one (71) parking permits stall on a monthly rental basis for parking for every one thousand eight hundred twenty-five (1,825) rentable square feet in the Premises at such time (the “PermitsGuaranteed Spaces”) to allow access to ). The Guaranteed Spaces shall be located in either the parking garage located at areas of the Property Building (the “Building Garage”) which is used or in connection with the operation parking garage located at 101 Lombard (the “101 Lombard Garage”), subject to the terms of this Paragraph 16. Rent for the Building. Of said Seven (7) Permits granted to Tenant, each parking spaces leased by Lessee within the Building Garage and the unreserved parking spaces leased by Lessee within the 101 Lombard Garage shall be standard unreservedpayable therefore at the lowest rate then charged (except van pool rates) in the other parking spaces within Levi’s Plaza; provided, however, that Lessee’s car pool vans shall be entitled to any special van pool rate. In consideration therefor, Tenant will pay Rent for the reserved parking spaces leased by Lessee within the 101 Lombard Garage shall be payable at the lowest rate then charged (except van pool rates) for other reserved parking spaces within Levi’s Plaza. Such option may be exercised by Lessee by notice to Landlord as Additional Rent and with each installment Lessor in writing designating the number of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysstalls desired, and Holidays. Except with respect the parking stalls shall be made available to any limited reserved parking that Landlord Lessee as soon as possible thereafter.
(b) Lessee may establish and for which Landlord may increase the Parking Charge, all tenant parking select up to eighty-two (82) spaces in the Building Garage will be as part of the Guaranteed Spaces, subject to Lessor’s obligations under that certain Agreement and Notice of Special Restriction under the Planning Code (the “Ice House Agreement”), recorded in Book B-823, at page 325, on a non-reservedNovember 2, first-come1973, first-serve basisin the Official Records of the City and County of San Francisco. Landlord may elect Lessor shall use Lessor’s best efforts to establish parking zones fulfill Lessor’s obligations expressed in the Ice House Agreement by making spaces available thereunder in the 101 Lombard Garage or otherwise relieve the Building Garage from the effect of the Ice House Agreement. The Guaranteed Spaces not leased by Lessee in the Building Garage and if Landlord so elects, shall be made available to Lessee at the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building 101 Lombard Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for (c) Notwithstanding the Permitsrequirement that Lessor make the Guaranteed Spaces available to Lessee, Tenant covenants and agrees to pay to Landlord during the Termif, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under term of the Lease, Lessee elects not to lease all Abated Parking Charges of the Guaranteed Spaces, Lessor shall immediately become due and payablehave the right to lease the Guaranteed Spaces not then leased by Lessee (“Surrendered Spaces”) to another tenant of Levi’s Plaza. In such event, if Lessee subsequently desires to lease any such Surrendered Spaces, Lessee shall deliver notice to Lessor in writing designating the number of Surrendered Spaces desired, and all future rights the Surrendered Spaces shall be made available to Lessee as soon as possible thereafter, provided that Lessor shall not be obligated to provide more than fifty (50) Surrendered Spaces to Lessee in any six (6) month period and the location of Tenant such Surrendered Spaces shall be subject to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant restrictions with regard to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromset forth in Paragraph 16(b) above.
Appears in 2 contracts
Samples: Lease (Levi Strauss & Co), Lease (Levi Strauss & Co)
Parking. A. Tenant shall have the non-exclusive right to park in the Project's parking facilities in common with other tenants of the Project upon terms and conditions, as may from time to time be established by Landlord. Tenant agrees not to overburden the parking facilities (i.e., use more than the number of unassigned parking stalls indicated on the Schedule) and agrees to cooperate with Landlord and other tenants in the Project in the use of the parking facilities. Landlord reserves the right in its reasonable discretion to determine whether the parking facilities are becoming crowded and to allocate and assign parking passes among Tenant and the other tenants in the Project. Tenant's use of the parking facilities shall be at no charge, provided that Landlord shall make available have the right to charge Tenant the portion that Landlord deems allocable to Tenant of any charges (e.g., fees or taxes) imposed by the Regional Air Quality Control Board or other governmental or quasi-governmental agency in connection with the parking facilities (e.g., in connection with operation or use of the parking facilities). Landlord shall not be liable to Tenant, provided nor shall this Lease be affected, if any parking is impaired by (or if any parking charges are imposed as a result of) any moratorium, initiative, referendum, law, ordinance, regulation or order passed, issued or made by any governmental or quasi-governmental body. Tenant's continued right to use the parking spaces is conditioned upon Tenant is abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations and Tenant not being in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the size, configuration, design, layout and all other aspects of the Project parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage facility at any time and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants acknowledges and agrees that Landlord may, without incurring any liability to pay to Landlord during the Term, as Additional Tenant and without any abatement of Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant from time to time, close-off or restrict access to the Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall be entitled have all the rights of control attributed hereby to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”)Landlord. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment parking passes rented by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease Section 6.3 are provided to Tenant solely for use by Tenant's own personnel and such passes may not be transferred, assigned, subleased or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseotherwise alienated by Tenant without Landlord's prior approval.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease (Trimble Navigation LTD /Ca/), Lease Agreement (Trimble Navigation LTD /Ca/)
Parking. A. Landlord Tenant is allocated, and Tenant and its employees and invitees shall make available have the non-exclusive right to use, not more than the number of parking spaces set forth in Article I as “Tenant’s Number of Parking Spaces”. Tenant shall not, at any time, use or permit its employees or invitees to use more parking spaces than the number so allocated to Tenant, provided . Tenant is shall not in default under this Lease, throughout have the Term Seven (7) exclusive right to use any specific parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysspace, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in to designate from time to time the Building Garage, to change location of the parking system spaces allocated for Tenant’s use. In the Building Garage event Landlord elects or is required by any Law to provide special requirements for weekendlimit or control parking within the Project, holiday whether by validation of parking tickets or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permitsany other method, Tenant covenants and agrees to pay to Landlord during the Termparticipate in such validation or other programs as reasonably established by Landlord. Tenant shall not, as Additional Rent thereunderat any time, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed park or permit to be a default parked any trucks or vehicles adjacent to entryways or loading areas within the Project so as to interfere in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection way with the use of said Building Garage. Notwithstanding anything such areas, nor shall Tenant, at any time, park or permit the parking of Tenant’s trucks or other vehicles, or the trucks and vehicles of Tenant’s supplier or others, in this Section any portion of the Lease to the contrary, so long as Tenant is Common Areas not in Default under this Lease, designated by Landlord for such use by Tenant. Tenant shall not, at any time, park or permit to be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term parked any recreational vehicles, inoperative vehicles or equipment on any portion of the Lease, beginning common parking area or other Common Areas of the Project. Tenant agrees to assume responsibility for compliance by its employees and invitees with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)parking provisions contained herein. If Tenant Defaults at or its employees park any time during vehicle within the TermProject in violation of these provisions, and any extension thereofthen Landlord may charge Tenant, as Additional Rent, and Tenant fails agrees to cure such Default within any applicable cure period under the Leasepay, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base as Additional Rent, Additional Rent and Ten Dollars per day for each day or partial day that each such vehicle is parked in any area other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle than that designated. Tenant hereby authorizes Landlord, in addition to any other remedies provided hereunderat Tenant’s sole expense, to terminate tow away from the Permits Project and tow store until redeemed by its owner any vehicles which are vehicle belonging to Tenant or Tenant’s employees parked in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromthese provisions.
Appears in 2 contracts
Samples: Industrial Space Lease (Adeza Biomedical Corp), Industrial Space Lease (Adeza Biomedical Corp)
Parking. A. Landlord shall make available to Tenant, provided provide Tenant is not in default under this Lease, throughout the Term Seven with two point seven (72.7) parking permits for each one thousand (1,000) square feet in the “Permits”) to allow access to Rentable Area of the parking garage located Leased Premises, at the Property current rate of One Hundred Ninety-one and 78/100 Dollars ($191.78) per parking permit per month (excluding tax), which monthly rate may increase from time to time during the “Building Garage”) which is used Lease Term. If available, additional parking permits may be purchased by Tenant on a month to month basis at the rates set forth above. Tenant’s employees shall not park their vehicles in connection with the operation automobile parking areas of the Building. Of said Seven (7) Permits granted Common Areas and Facilities which may from time to Tenant, each shall time be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment designated for patrons of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisBellevue Place. Landlord may elect at all times shall have the right to establish designate the particular parking zones in the Building Garage areas to be used by Tenant’s employees and if Landlord so elects, the Permits any such designation may be issued changed from time to specifically identified time. Tenant and its employees shall park their vehicles only in those portions of the Common Areas and the Parking Charge may relate to specified zone(s) as determined Facilities, if any, designated for that purpose by Landlord. If Tenant shall furnish Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlordwith Tenant’s prior written consent. Landlord reserves the right upon written notice posted and Tenant’s employees’ state vehicle license numbers within fifteen (15) days after Tenant opens for business in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage Leased Premises and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Tenant shall thereafter notify Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date changes within two (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)2) days after such change occurs. If Tenant Defaults at or its employees fail to park their vehicles in designated parking areas, then Landlord, without limiting any time during other remedy Landlord may have, may charge Tenant a minimum of Ten Dollars ($10.00) per day for each day or partial day for each vehicle improperly parked; provided, however, Landlord shall give Tenant written notice of the Term, and any extension thereof, first violation of this provision and Tenant fails shall have two (2) days thereafter within which to cure cause the violation to be discontinued; and if not discontinued within such Default within two-day period, then the vehicle fines shall commence. After notice of the first such violation, no notice of any applicable cure period under the Lease, all Abated Parking Charges subsequent violation shall immediately become due and payable, and all future rights of Tenant be required prior to the Abated Parking Charges shall be null and void and imposition of no further force or effectany parking fine. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as All amounts due and payable pursuant to under the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules Section shall be additional rent and regulations governing the use due and payable by Tenant within ten (10) days after demand therefor. Tenant shall notify its employees in writing of the Building Garage, including but not limited to the rules establishing time limits on the use provisions of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromthis Section.
Appears in 2 contracts
Samples: Office Lease (Smartsheet Inc), Office Lease (Smartsheet Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not may park in default under this Lease, throughout the Term Seven (7) Building’s parking permits facilities (the “PermitsParking Facility”) to allow access to ), in common with other tenants of the Building, upon the following terms and conditions. Tenant shall not use more than the number of unreserved and/or reserved parking passes set forth in Section 1.9. Tenant shall pay Landlord, in accordance with Section 3, any fees for the parking garage located at the Property (the “Building Garage”) which is used passes described in Section 1.9. Tenant shall pay Landlord any fees, taxes or other charges imposed by any governmental or quasi-governmental agency in connection with the Parking Facility, to the extent such amounts are allocated to Tenant by Landlord. Landlord shall not be liable to Tenant, nor shall this Lease be affected, if any parking is impaired by (or any parking charges are imposed as a result of) any Law. Tenant shall comply with all rules and regulations established by Landlord from time to time for the orderly operation and use of the Parking Facility, including any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, in its discretion, allocate and assign parking passes among Tenant and the other tenants in the Building. Of said Seven (7) Permits granted Tenant’s use of the Parking Facility shall be at Tenant’s sole risk, and Landlord shall have no liability for any personal injury or damage to or theft of any vehicles or other property occurring in the Parking Facility or otherwise in connection with any use of the Parking Facility by Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisits employees or invitees. Landlord may elect to establish parking zones in alter the Building Garage and if Landlord so electssize, the Permits may be issued to specifically identified vehicles and configuration, design, layout or any other aspect of the Parking Charge Facility, and, in connection therewith, temporarily deny or restrict access to the Parking Facility, in each case without abatement of Rent or liability to Tenant. Landlord may relate delegate its responsibilities hereunder to specified zone(sa parking operator, in which case (i) as determined such parking operator shall have all the rights of control reserved herein by Landlord, (ii) Tenant shall enter into a parking agreement with such parking operator, (iii) Tenant shall pay such parking operator, rather than Landlord, any charge established hereunder for the parking passes, and (iv) Landlord shall have no liability for claims arising through acts or omissions of such parking operator except to the extent caused by Landlord’s gross negligence or willful misconduct. If Landlord implements a system whereby only specifically identified vehicles Tenant’s parking rights under this Section 24 are granted Permits, other vehicles shall solely for the benefit of Tenant’s employees and invitees and such rights may not be permitted to use the Building Garage transferred without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, except pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasea Transfer permitted under Section 14.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Office Lease (NeuroSigma, Inc.), Office Lease (NeuroSigma, Inc.)
Parking. A. 30.1 During the Term of this Lease, Tenant agrees to lease from Landlord shall make available and Landlord agrees to lease to Tenant, provided Tenant is not in default under the number and type of parking spaces as set forth on the Reference Pages of this Lease, throughout . This right to park in the Term Seven (7) Building’s parking permits facilities (the “PermitsParking Facility”) shall be on an unreserved, nonexclusive, first come, first served basis, for passenger-size automobiles and is subject to the following terms and conditions:
30.1.1 Tenant shall at all times abide by and shall cause each of Tenant’s employees, agents, customers, visitors, invitees, licensees, contractors, assignees and subtenants (collectively, “Tenant’s Parties”) to allow access abide by any rules and regulations (“Rules”) for use of the Parking Facility that Landlord or Landlord’s garage operator reasonably establishes from time to time, and otherwise agrees to use the Parking Facility in a safe and lawful manner. Landlord reserves the right to adopt, modify and enforce the Rules governing the use of the Parking Facility from time to time including any key-card, sticker or other identification or entrance system and hours of operation. Landlord may refuse to permit any person who violates such Rules to park in the Parking Facility, and any violation of the Rules shall subject the car to removal from the Parking Facility.
30.1.2 Unless specified to the contrary above, the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each spaces hereunder shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be provided on a non-reserved, designated “first-come, first-serve served” basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garageto assign specific spaces, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garagereserve spaces for visitors, small cars, disabled persons or portions thereof for other tenants or guests, and Tenant shall not park and shall not allow Tenant’s Parties to make park in any such repairs assigned or alterations reserved spaces. Tenant may validate visitor parking by such method as Landlord may deem appropriateapprove, at the validation rate from time to time generally applicable to visitor parking. Tenant acknowledges that the Parking Facility may be closed entirely or in part in order to make repairs or perform maintenance services, or to alter, modify, re-stripe or renovate the Parking Facility, or if required by casualty or reasons of Force Majeure. Landlord acknowledges and agrees that it shall install signs in the Parking Facility identifying the twelve (12) parking spaces shown on the plan attached as Exhibit A-2 as “Visitor Parking,*’ but such parking spaces shall also be nonexclusive and used on a first come, first served basis.
B. In consideration for the Permits, 30.1.3 Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge acknowledges that (the “Parking Charge”a) equal to the sum fullest extent permitted by law, Landlord shall have no liability for any damage to property or other items located in the parking areas of $0.00 per month for each Permit issued the Parcel (including without limitation, any loss or damage to Tenant’s automobiles or the contents thereof due to theft, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable vandalism or accident), nor for the (i) first partial calendar month any personal injuries or death arising out of the Lease Term in use of the event the Commencement Date occurs on a date other than the first day of a calendar monthParking Facility by Tenant or any Tenant’s Parties, unless such loss or damage results from Landlord’s negligence or willful misconduct, and (iib) Landlord will not be providing any security services for, or policing of, the Parking Facility. Without limiting the foregoing, if Landlord arranges for the last partial calendar month parking areas to be operated by an independent contractor not affiliated with Landlord, Tenant acknowledges that Landlord shall have no liability for claims arising through acts or omissions of such independent contractor. Tenant and Tenant’s Parties each hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or any of Tenant’s Parties arising as a result of parking in the Parking Facility, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action and in all events (unless caused by Landlord’s negligence or willful misconduct), Tenant agrees to look first to its insurance carrier and to require that Tenant’s Parties look first to their respective insurance carriers for payment of any losses sustained in connection with any use of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar monthParking Facility. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself its insurance carriers all claimsrights of subrogation against Landlord or Landlord’s agents.
30.1.4 In the event any surcharge or regulatory fee is at any time imposed by any governmental authority with reference to parking, whether based Tenant shall (commencing after two (2) weeks’ notice to Tenant) pay, per parking pass, such surcharge or regulatory fee to Landlord in advance on negligence the first day of each calendar month concurrently with the month installment of rent due under this Lease. Landlord will enforce any surcharge or other groundsfee in an equitable manner amongst the Building tenants.
30.2 If Tenant violates any of the terms and conditions of this Article, against Landlordthe operator of the Parking Facility shall have the right to remove from the Parking Facility any vehicles hereunder which shall have been involved or shall have been owned or driven by parties involved in causing such violation, its agents and employees arising out of without liability therefor whatsoever.
30.3 Notwithstanding the foregoing, Tenant shall have the right to park overnight no more than two (2) tractor trailers at any loss or damage to automobiles or other property while located one time in the Building Garageparking spaces shown as “Trailer Parking’’ on the plan attached hereto as Exhibit A-2 only, or arising out of any personal injuries sustained and only to the extent Tenant deems reasonably necessary in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseits Permitted Uses.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Parking. A. During the Term and any renewals thereof, the Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access rent to the Tenant up to three (3) unreserved parking garage located at the Property (the “Building Garage”) which is used spaces in connection with the operation of the Building. Of said Seven 's underground parking facilities at a cost of Fifty Dollars (7$50.00) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysper space per month, and Holidays. Except with respect up to any limited reserved fifty-four (54) unreserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking spaces in the Building Garage will be on Building's surface parking facilities at a noncost of Thirty-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(sFive Dollars ($35.00) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during per space per month throughout the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge which rates shall be paid monthly in advance as hereinabove providedcapped throughout the Term. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, The Tenant shall be entitled to an abatement of Parking Charges for the Permits additional thirty (30) parking stalls in the amount surface parking area at a cost of Thirty Five Dollars ($0.00 35.00) per month for space per month, based upon availability. All parking charges shall be subject to all applicable taxes which shall be paid by the full Term of Tenant to the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”)Landlord. The total amount of Parking Charges for Landlord shall have the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults right at any time during the Termto substitute forty (40) surface parking spaces with forty (40) underground parking spaces, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant provided they are rented to the Abated Tenant at the same rate as the surface parking. Parking Charges charges are for the use of the said parking spaces only and the Landlord shall not be responsible for any theft, loss or damage to the Tenant's vehicles whatsoever, or for any injury to the Tenant or others in the underground parking garage. The use by the Tenant and the Tenant's agents, employees, invites, licensees and others doing business with the Tenant, of the unreserved surface parking space located on the Common Outside Areas and Facilities shall not at any time exceed or be disproportionate to the Tenant's Proportionate Share of the Total Rentable Area of the Building, without the prior written approval of the Landlord, which approval may be arbitrarily withheld. No propane-powered vehicles shall be null permitted in the underground or surface parking areas of the Building and void and of no further force or effectthe complex known as the Airway Centre. The payment by Tenant of Landlord shall have the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant right to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, establish reasonable Rules and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations Regulations governing the use of the Building Garage, including but not limited parking spaces from time to time and the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition Tenant hereby agrees to any other remedies provided hereunder, to terminate the Permits observe and tow any vehicles which are in violation of said rules abide by all such Rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromRegulations.
Appears in 2 contracts
Samples: Lease Agreement (Hostopia.com Inc.), Lease Agreement (Hostopia.com Inc.)
Parking. A. Tenant shall rent from Landlord, commencing on the Commencement Date, the number of unreserved parking passes set forth in Section 1(I) of the Basic Lease Provisions, which parking passes shall pertain to the Project parking facility. Tenant shall pay to Landlord for automobile parking passes [***]. In addition, Tenant shall make available be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations, provided and Tenant is not being in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the size, configuration, design, layout and all other aspects of the Project parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage facility at any time and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants acknowledges and agrees that Landlord may, without incurring any liability to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum Tenant and without any abatement of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default rent under this Lease, from time to time, close-off or restrict access to the Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may, from time to time, relocate any reserved parking spaces (if any) rented by Tenant shall be entitled to an abatement of Parking Charges for the Permits another location in the amount of $0.00 per month for the full Term Project parking facility. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the Lease, beginning with parking facility in which case such parking operator or lessee shall have all the Commencement Date (rights of control attributed hereby to the “Parking Charge Abatement Period”)Landlord. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment parking passes rented by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease Article 23 are provided to Tenant solely for use by Tenant's own personnel and such passes may not be transferred, assigned, subleased or at law otherwise alienated by Tenant without Landlord's prior approval. Tenant may validate visitor parking by such method or in equity. During methods as the Parking Charge Abatement PeriodLandlord may establish, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromvalidation rate from time to time generally applicable to visitor parking.
Appears in 2 contracts
Samples: Standard Office Lease (Lindows Inc), Standard Office Lease (Lindows Inc)
Parking. A. Landlord Subject to the terms of the Prime Sublease, Sublessor shall make available offer to Tenantgive up any lease rights it may have to up to five (5) parking spaces in the parking lot(s) in or adjacent to the Building, based on availability at time of request, provided Tenant is that (i) Sublessor shall not in default under this Leasebe a party to any lease of parking spaces by Sublessee, throughout the Term Seven as any lease shall be solely between Sublessee and Landlord (7) or its parking permits garage operators), and Sublessor shall not have any responsibility (the “Permits”or make any warranty) to allow access Sublessee with respect to such spaces, (ii) any such lease of parking spaces shall be at Sublessee’s sole cost and expense, which shall be paid in accordance with the prevailing parking rates charged by the Landlord (or its parking garage operators), (iii) any relinquishment of rights to any parking spaces shall be conditioned on Sublessee’s agreement to lease such spaces from Landlord (or its parking garage operators), and (iv) Sublessor shall not be required to give up any parking spaces to the extent Sublessor would continue to have any payment or other obligations to the Landlord (or its parking garage operators) relating to any such spaces, unless Sublessee fully assumes in writing all such payment or other obligations and responsibilities. Sublessee agrees to indemnify and save harmless Sublessor from and against any liabilities, losses, damages, costs or expenses (including, but not limited to, attorneys’ fees and expenses) of any nature whatsoever which may be imposed upon, incurred by, or asserted against Sublessor by reason of or in connection with Sublessee’s use of the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved or parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriatespaces.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Sub Sublease Agreement, Sub Sublease Agreement (GWG Holdings, Inc.)
Parking. A. During the Term of this Lease, Landlord shall make licenses sixty-nine (69) parking spaces to Tenant. Tenant will pay Landlord the amount set forth in the Basic Terms for each unreserved space and each reserved space that Tenant decides to reserve as Additional Rent at the same time, place and manner as Basic Rent. Landlord and Tenant acknowledge that Landlord anticipates that the Unreserved and Reserved Spaces will be made available in the Parking Facility. Parking at the Parking Facility by Tenant is subject to the other provisions of this Lease and the provisions of the Amended and Restated Declaration Establishing Easements, Covenants and Restrictions for Parking Facilities recorded on September 1, 1998 as Document No. 19980582940 and any amendments thereto and rules and regulations promulgated thereunder ("Parking Declaration"). In any event, under no circumstances may Tenant's parking rights and privileges be transferred, assigned or otherwise conveyed separate and apart from Tenant's interest in this Lease. In no event will Master Lessor or Landlord be liable for any loss, damage or theft of, to or from any vehicle at the Project or given parking rights in accordance with this section, and Tenant releases any Claim therefor, and, as to Tenant, Tenant's employees, licensees or invitees, will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless against any Claim therefor or in connection therewith. "Unreserved Spaces" mean vehicular parking spaces located in the Parking Facilities provided Tenant is for the Building which are not in default under this Lease, throughout designated for the Term Seven (7) parking permits (the “Permits”) to allow access exclusive use of a specific tenant or for use by visitors to the parking garage located at Property, as the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits same may be issued relocated or redesignated from time to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined time by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted "Reserved Spaces" means vehicular parking spaces located in the Building Garage, to change the parking system facilities provided for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration which are designated for the Permits, Tenant covenants and agrees to pay to Landlord during the Termexclusive use of a specific tenant, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal same may be relocated or redesignated from time to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against time by Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Sublease Agreement, Sublease Agreement (ECC Capital CORP)
Parking. A. Landlord shall make available According to the Lessor’s plans, the project will include an internal roads system for the use of the project’s tenants and their guests in which the entrance, the driving and the parking arrangements will be set by the Lessor and/or the service firm. The project will also include indoor covered parking spaces that will be primarily intended for the project’s units tenants use (hereinafter “The covered parking”); (hereinafter “The covered parking” will be called the “parking areas”). The parking arrangements in the parking areas will be dictated by the Lessor and/or the service firm. The Lessor may assign vehicles entrance permits to the project’s area based on a calculated scale that he will determine and that may change from time to time. This plan can be altered and does not bind the Lessor.
a. The Lessor is entitled to run the project’s parking areas or order that the parking areas be managed by a service firm or by a body that he deems fit.
b. The Lessor and/or the operating body, as applicable, will fix the parking’s rights and terms in the parking areas. The Lessor will offer the Tenant, provided Tenant is as part of the lease in this Agreement and by a scale fixed by the Lessor as detailed in the Appendix of changes in this Agreement, for his use in the framework of the parking areas. The assignment of parking lots will not in default under this Lease, throughout be on the Term Seven (7) parking permits (basis of assignment of specific places but on the “Permits”) to allow access basis similar to the method of exclusive assignment to vehicles with subscription rights. However, the Lessor and/or the operating body may assign the use of specific parking garage located lots at their discretion and prevent the Property (Tenant from using the “Building Garage”) which is used in connection with spaces they allocated for f special use, to the public or other needs, as it deems fit.
c. Whether the parking areas be maintained and operated by a service firm or otherwise – the costs deriving from the maintenance and operation of the Buildingparking areas will be calculated separately from the said services costs set in the services agreement. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, The Tenant will pay share the maintenance and operating costs of the parking areas, including, without derogating the aforementioned, municipal taxes, insurance, equipment, electricity, cleaning, guarding and others, according to Landlord the number of places as Additional Rent and with each installment fixed in Appendix a1, divided by the total number of Base Rent due under parking lots in the Lease, the Parking Charge (hereinafter defined) hereinafter providedparking area. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage maintenance sum will be on a non-reservedpaid to the Lessor or to the operating body or the service firm, first-come, first-serve basis. Landlord may elect as applicable and according to establish the notice of the Lessor to the Tenant from time to time at the Lessor’s discretion.
d. The provisions of this section will not diminish the Lessor’s right and/or whoever represents him to manage the parking zones in the Building Garage areas and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system arrangements, and to fix and/or change the entrance arrangements to the project’s area and the circulation in it and all in the way and the conditions that will find fit, provided that it will not cause damage or change clauses detailed in the Agreement supplement. In exchange for the Building Garage to provide special requirements for weekendparking’s use, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations Tenant will pay the Lessor fees as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term detailed in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar monthAgreement supplement. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of In any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term case of the Lease’s termination or its cancellation, beginning with as applicable, the Commencement Date (the “Parking Charge Abatement Period”)right of parking use will be cancelled automatically. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant This Agreement’s provisions applying to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant Tenancy will also apply to the provisions of this Leaseparking.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Mobileye N.V.), Lease Agreement (Mobileye N.V.)
Parking. A. During the Term, Tenant may use the number of spaces specified in Section 1.1(12) for parking at the rates specified in Section 1.1(12). In the event Tenant fails at any time to pay the full amount of such parking charges, until the delinquent amount is paid Tenant’s parking rights may be reduced to the extent of Tenant’s failure to pay for any such parking. The locations and type of parking (including, without limitation, valet parking, if any) shall be designated by Landlord or Landlord’s parking operator from time to time. All of the spaces shall make available be unreserved spaces (other than the Building Spaces) and shall be located within the Aquatic Park Center in either parking lots or structured parking garages (other than the Building Spaces). Tenant acknowledges and agrees that the parking spaces serving the Project may include tandem or valet parking and a mixture of spaces for compact vehicles as well as full-size passenger automobiles, and that Tenant shall not use parking spaces for vehicles larger than the striped size of the parking spaces. All vehicles utilizing Tenant’s parking spaces shall prominently display identification stickers or other markers, and/or have passes or keycards for ingress and egress, as may be required and provided by Landlord or its parking operator from time to time. Tenant shall comply with any and all parking rules and regulations from time to time established by Landlord or Landlord’s parking operator, including a requirement that Tenant pay to Landlord or Landlord’s parking operator a charge for loss and replacement of passes, keycards, identification stickers or markers, and for any and all loss or other damage caused by persons or vehicles related to use of Tenant’s parking spaces. Tenant shall not allow any vehicles using Tenant’s parking spaces to be parked, provided Tenant loaded or unloaded except in accordance with this Section, including in the areas and in the manner designated by Landlord or its parking operator for such activities. If any vehicle is not using the parking or loading areas contrary to any provision of this Section, Landlord or its parking operator shall have the right, in default addition to all other rights and remedies of Landlord under this Lease, throughout to remove or tow away the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage vehicle without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge the cost thereof shall be paid monthly in advance as hereinabove providedto Landlord within ten (I 0) days after notice from Landlord. A pro rata portion of To the extent Landlord continues to have such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term technology available in the event Common Areas, Landlord shall keep all EV charging stations located in the parking areas that serve the Premises as of the Commencement Date occurs on a date other than in good condition, repair and working order throughout the first day Tenn. The cost of a calendar month, all such maintenance and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge repair shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured included in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseOperating Expenses.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Office/Laboratory Lease (Caribou Biosciences, Inc.), Office/Laboratory Lease (Caribou Biosciences, Inc.)
Parking. A. Landlord shall make available to Tenant, So long as this Lease is in effect and provided Tenant is not in default under this Leasehereunder, throughout the Term Seven Landlord grants to Tenant and Tenant's customers, suppliers, employees and invitees (7"Tenant's Authorized Users") a non-exclusive license to use up to forty-eight (48) parking permits (spaces in the “Permits”) to allow access to the areas designated by Landlord as parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of facilities for the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved All visitor parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reservedexclusive, first-come, first-serve basisin common basis with all other visitors and guests of the Project Tenant will not use or allow any of Tenant's Authorized Users to use any parking spaces which have been specifically assigned by Landlord for other uses such as visitor parking or which have been designated by any governmental entity as being restricted to certain uses. Landlord may elect to establish assign any unreserved and unassigned parking zones in the Building Garage and spaces and/or make all or any portion of such spaces reserved, if Landlord so elects, the Permits may be issued reasonably determines that it is necessary for orderly and efficient parking or for any other reasonable reason. Tenant and Tenant's Authorized Users shall comply with all rules and regulations regarding parking set forth in Exhibit F attached hereto and Tenant agrees to specifically identified vehicles cause Tenant's Authorized Users to comply with such rules and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consentregulations. Landlord reserves the right upon from time to time to modify and/or adopt such other reasonable and non-discriminatory rules and regulations for the parking facilities as it deems reasonably necessary for the operation of the parking facilities, but in no event shall Landlord be entitled to charge fees for parking without the prior written notice posted consent of Tenant, which is not to be unreasonably withheld or delayed. Tenant may, at Tenant's sole cost and expense, provide for the striping of additional parking spaces in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued paved areas adjacent to Tenant's loading docks and the fifty foot (50') wide concrete dock apron, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the provided that (i) first partial calendar month the addition of the Lease Term such spaces in the event the Commencement Date occurs on a date other than the first day of a calendar month, loading dock and apron areas is in compliance with all applicable laws and (ii) for the last partial calendar month of the Lease Term any and all costs associated with providing such parking spaces in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge loading dock areas shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is at Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the 's sole cost and expense of Tenant and expense, including, without liability for damages resulting therefromlimitation, any landscaping requirements imposed by the City.
Appears in 2 contracts
Samples: Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc), Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc)
Parking. A. Tenant may park in the Building’s parking facilities (the “Parking Facility”), in common with other tenants of the Building, upon the following terms and conditions. Tenant shall not use more than the number of unreserved and/or reserved parking spaces set forth in Section 1.9, Landlord shall make available not be liable to Tenant, nor shall this Lease be affected, if any parking is impaired by (or any parking charges are imposed as a result of) any Law. Tenant shall comply with all rules and regulations established by Landlord from time to time for the orderly operation and use of the Parking Facility, including any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, in its discretion, allocate and assign parking passes among Tenant and the other tenants in the Building. Tenant’s use of the Parking Facility shall be at Tenant’s sole risk, and Landlord shall have no liability for any personal injury or damage to or theft of any vehicles or ether property occurring in the Parking Facility or otherwise in connection with any use of the Parking Facility by Tenant, its employees or invitees. Landlord may alter the size, configuration, design, layout or any other aspect of the Parking Facility without abatement of Rent or liability to Tenant provided that such alteration does not materially impair Tenant’s rights under this Section 24. In addition, for purposes of facilitating any such alteration, Landlord may temporarily deny or restrict access to the Parking Facility, without abatement of Rent or liability to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) that Landlord uses commercially reasonable efforts to make reasonable substitute parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted available to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect delegate its responsibilities hereunder to establish a parking zones operator, in which case (i) such parking operator shall have all the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined rights of control reserved herein by Landlord, (ii) Tenant shall enter into a parking agreement with such parking operator, (iii) Tenant shall pay such parking operator, rather than Landlord, any charge established hereunder for the parking spaces, and (iv) Landlord shall have no liability for claims arising through acts or omissions of such parking operator except to the extent caused by Landlord’s negligence or willful misconduct. If Landlord implements a system whereby only specifically identified vehicles Tenant’s parking rights under this Section 24 are granted Permits, other vehicles shall solely for the benefit of Tenant’s employees and invitees and such rights may not be permitted to use the Building Garage transferred without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, except pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasea Transfer permitted under Section 14.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Office Lease (Versartis, Inc.), Office Lease (Versartis, Inc.)
Parking. A. Subject to all matters of record, Force Majeure, and the exercise by Landlord of its rights hereunder, Tenant shall have the right, in common with other tenants of the Project to use Tenant’s pro rata share of the non-reserved parking spaces at the Project at the then-then-current prevailing rate equal to (a) .65 parking spaces per 1,000 rentable square feet of the Premises (or 40 spaces based on 61,591 RSF) for the parking spaces located in the Building at the current monthly fee of $225 per space, and (b) .35 parking spaces per 1,000 rentable square feet of the Premises (or 21 spaces based on 61,591 RSF) for surface parking spaces located on the adjacent lot at the current monthly fee of $175 per space, as such rates may vary from time to time as shown on the parking plan attached hereto as EXHIBIT J (“Parking Plan”). Subject to Landlord’s reasonable requirements or conditions and any applicable Legal Requirements, Tenant may designate and xxxx (by virtue of signage reasonably approved by Landlord) at Tenant’s cost portion of Tenant’s allocated parking spaces for visitor parking on a reserved basis in locations to be reasonably agreed upon by Landlord and Tenant. If additional parking spaces are available in the Building garage or adjacent surface lot, Landlord shall make available offer to Tenant the first right to use such additional spaces on a monthly basis and the parking rates then in effect, subject only to the rights of other tenants of the Building to use pro rata share of the garage and surface lot spaces allocable to such tenants. If Tenant does not such spaces, Landlord shall have the right to allocate such spaces to other occupants in the Landlord shall not be liable to Tenant, and this Lease shall not be affected, if any parking rights of Tenant hereunder are impaired by Applicable Law. The parking spaces shall be subject to such reasonable rules and regulations as may be in effect for the use of the parking garage/areas from time to time (including, without limitation, Landlord’s right, without additional charge to Tenant above the prevailing rate for parking spaces, to institute a valet or attendant-managed parking system) provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow that access to the parking garage spaces by Tenant’s employees shall be on a 24/7 Notwithstanding anything to the contrary contained herein, Landlord shall have the right to the surface parking spaces to the following garages in order of priority: (1) the CambridgeSide Galleria Parking Garage located at 000 XxxxxxxxxXxxx Xxxxx in Cambridge; (2) the Property First Street Garage located on Spring Street in Cambridge; and (3) the “Building Garage”) common parking facility that serves the buildings located at 000 Xxxxxxx Xxxxxx, 650 East Xxxxxxx Street, 000 Xxxx Xxxxxxx Xxxxxx, 000 Xxxxxxx Xxxxxx and 000 0xx Xxxxxx (Xxxxxxxxx Cambridge), each located in Cambridge. If parking spaces are not available in such garages, then Landlord shall have the right to relocate surface parking spaces to an alternate public parking facility of comparable quality located no further than one quarter mile from the Project and located within the City of Cambridge. Tenant shall be responsible for the actual fee for such offsite parking spaces which is used in connection with fee shall not to exceed the operation published parking rates for monthly parking for the respective parking garage from time to and shall not include any xxxx-up of such fee by Landlord or the owner or operator of the Buildingparking garage. Of said Seven If the actual fee for the offsite parking spaces exceeds the published parking rates, shall provide Tenant a credit for the amount by which the actual fee exceeds the published rates on a monthly basis. If the actual fee for the offsite parking spaces is less than the published parking rates, Tenant shall pay Landlord as additional rent the amount by which the published parking rates exceed the actual fee incurred by Tenant on a monthly basis. Within thirty (730) Permits granted days after the Effective Date and each anniversary of the Lease Commencement Date, Tenant shall provide Landlord written notice of the number of parking spaces allocated to Tenant that Tenant is committed to using each year. If the number of parking spaces requested by Tenant is less than the 40 garage spaces and 21 surface spaces allocated to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. then Landlord reserves the right upon written notice posted to allocate the excess parking spaces to other occupants in the Building Garageon monthly basis. Upon sixty (60) days notice from Tenant, Landlord shall arrange for such reallocated parking spaces to change be restored for Tenant’s non-exclusive use. Tenant shall have no right to hypothecate or encumber the parking system for the Building Garage to provide special requirements for weekendspaces, holiday or after hours usage and to temporarily close the Building Garageshall not sublet, assign, or portions thereof otherwise transfer the parking spaces other than to make employees of Tenant occupying the Premises or to a permitted transferee pursuant to Section 17 of this Lease. Tenant shall, at Tenant’s sole expense, for so long as the Parking and Traffic Demand Management Plan dated April 2008 as approved by the City of Cambridge on April 28, 2008, including the conditions set forth in such repairs or alterations approval (as Landlord may deem appropriate.
B. In consideration for amended from time to time, the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal remains applicable to the sum of $0.00 per month for each Permit issued to TenantProject, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month offer to subsidize mass transit monthly passes for all of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and its employees; (ii) for the last partial calendar month implement a Commuter Choice Program; (iii) discourage single-occupant vehicle use by its employees; (iv) promote alternative modes of the Lease Term transportation and use of alternative hours; (v) meet with Landlord and/or its representatives no more than quarterly to discuss transportation programs and initiatives; (vi) participate in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder annual surveys monitoring transportation programs and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained initiatives; (vii) cooperate with Landlord in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, transportation programs and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable initiatives promulgated pursuant to the provisions PTDM; (viii) provide alternative work programs (such as telecommuting, flex-time and compressed work weeks) to its employees in order to reduce traffic impacts in Cambridge during peak commuter hours; and (ix) otherwise cooperate with Landlord in encouraging employees to seek alternate modes of this Leasetransportation.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Foundation Medicine, Inc.), Lease Agreement (Foundation Medicine, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access 3.1 Subject to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation fulfillment of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseAgreement and the payment of Parking Fees as specified hereunder, the Lessee will be entitled to park in the Parking Lot vehicles according to the amount specified in the Lease Agreement signed between the Lessee and Gav Yam in random parking spaces (hereinafter referred to as: the “Parking Lot Right of Entry”) according to the directions and instructions of the Parking Lot Management Company in the days and hours during which the Parking Lot is operated (hereinafter jointly referred to as: the “Parking Spaces”).
C. The failure to timely pay 3.2 Gav Yam undertakes that the Parking Charge specified aboveLot will operate Sun – Thu 24 hours a day, on Fridays and holiday eves from 7 am – 4 pm, and thus not including holidays (hereinafter referred to as: the “Regular Operating Hours”). For the removal of doubts, it is hereby clarified that no additional payment will be charged for the Parking Lot Right of Entry if the Parking Lot operating hours change from that which is customary on the date of signing this Agreement. In addition to the abovementioned the parties agree that if the Lessee wishes to allow vehicles to exit the Parking Lot beyond the Regular Operating Hours – the company will allow this; however, the parties agree that the Lessee will not be charged by the company for extra payment for this service. Notwithstanding the abovementioned the Management Company may, subject to its sole discretion, operate as per the Lessee’s request the Parking Lot beyond the Regular Operating Hours and in such an event the Lessee will bear all costs arising as a result of operating the Parking Lot beyond the Regular Operating Hours, according to the terms agreed to by the parties prior to the date of delivery.
3.3 Entry of vehicles to the Parking Lot will be regulated using means of identification such as: parking badges attached to the vehicle windshield and/or identification card and/or magnetic card issued to the Lessee or any other way decided by Gav Yam.
3.4 The Lessee undertakes to comply with return to the rules company all means of identification as aforementioned immediately upon the termination of this Agreement or its expiration for any reason whatsoever, and regulations governing ensure that all means of identification will be returned to the company by the Lessee’s employees and/or guests and/or anyone on its behalf to possess means of identification in any event that the abovementioned stops using the Parking Lot.
3.5 The use of the Building GarageParking Lot Right of Entry is intended for certain vehicles, including but not limited the details of which shall be delivered to the rules establishing time limits on Lessee before the use commencement of said Permitsthe usage thereof. If the Lessee wishes to change the vehicles or part thereof it must notify the Parking Lot Management Company of this at least 24 hours in advance and the aforementioned will issue to the Lessee a new means of identification for the new vehicle against the revocation of the means of identification for the replaced vehicle.
3.6 Without derogating from section 2.1 above, shall entitle Landlordthe Lessee will be entitled to lease additional parking spaces before the commencement of the Lease Period, in addition subject to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromLessee’s needs.
Appears in 2 contracts
Samples: Sublease Agreement, Sublease Agreement (Varonis Systems Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under During the Term of this Lease, throughout Tenant shall be entitled to use, at no additional charge (other than to the Term Seven (7) extent included in Operating Expenses and Taxes), the parking permits areas at the Property shown on Exhibit 1.3 attached hereto (the “PermitsParking Areas”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection common with the operation other tenants of the Building. Of said Seven Property, but in any event Tenant’s use shall not exceed the ratio of 3.0 spaces per 1,000 rentable square feet of the Premises (7up to 150 spaces) Permits granted to Tenant, each shall be standard on an unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis, except that Tenant shall have the exclusive right to use the area designated as “Tenant’s Visitor Parking Area” on Exhibit 1.3, attached, for parking by Tenant and its visitors. Landlord may elect to establish parking zones in Landlord, at Tenant’s sole cost and expense, will, by the Building Garage use of signs and if Landlord so electsmarkings, designate the Permits may be issued to specifically identified vehicles and spaces within such area as being intended for the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permitsuse of Tenant’s visitors, other vehicles but shall not be permitted obligated to police the use of such spaces, which Tenant recognizes are to be operated on a self-parking basis. The Parking Areas shall be available for use twenty-four (24) hours a day, every day of the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord year during the Term, as Additional Rent thereundersubject to Force Majeure, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenantcasualty, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthcondemnation, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured illuminated when necessary. Further, Landlord shall keep and maintain the Parking Areas in like manner as is Tenant’s obligation a good and clean condition. Tenant agrees not to pay Rent. Default overburden the Parking Areas and agrees to cooperate with Landlord and other tenants in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garagethe Parking Areas. Notwithstanding anything in Subject to Tenant’s rights set forth herein, Landlord may designate parking facilities at the Property for the handicapped, visitors to the Property, and for exclusive use by other tenants. Landlord may install signage or implement a pass or sticker system to control parking use, and may employ valet parking (including by use of off-site premises) to meet the requirements of this Section Section. To the extent applicable to Tenant’s use of the Lease to the contraryparking spaces, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified aboveLease shall apply, or to comply with the and Landlord may promulgate rules and regulations governing the use of the Building Garagegeneral applicability from time to time with respect to such use. Landlord assumes no responsibility whatsoever for loss or damage due to fire, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition theft or otherwise to any other remedies provided hereunderautomobile(s) parked in the Parking Areas or to any personal property therein, however caused, and Tenant agrees, upon request from Landlord from time to time, to terminate the Permits notify its officers, employees, agents and tow any vehicles which are in violation invitees of said rules and regulations from the Building Garage at the sole cost and expense such limitation of Tenant and without liability for damages resulting therefromliability.
Appears in 2 contracts
Samples: Lease (Kaleido Biosciences, Inc.), Lease (Kaleido Biosciences, Inc.)
Parking. A. Landlord shall make available to Tenant, provided (a) Provided Tenant is not in default of its obligations under this Lease, throughout the Term Seven (7) parking permits beyond any applicable notice and cure periods, Tenant will have a nonexclusive revocable license (the “PermitsLicense”) during the term of this Lease to allow access park up to the number of cars indicated in the Basic Lease Provisions in the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation area of the BuildingProperty. Of said Seven Landlord will not be responsible to Tenant for enforcing the License or for violation of the License by third parties. Any of the following actions by Tenant and/or Tenant’s Visitors will be deemed a default under this Lease: (7i) Permits granted to Tenantthe use of more parking spaces than the number indicated in the Basic Lease Provisions; (ii) parking in spaces designated for the exclusive use of other parties, each shall be standard unreserved. In consideration therefor(iii) parking outside of marked parking spaces, Tenant will pay to Landlord as Additional Rent and with each installment (iv) the maintenance, repair or cleaning of Base Rent due under any vehicle in the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysparking area, and Holidays. Except with respect to (v) the violation of any limited reserved other parking that Landlord may establish rules and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined regulations promulgated by Landlord. If the number of parking spaces in the parking area of the Property is reduced by circumstances beyond the reasonable control of Landlord, the number of spaces indicated in the Basic Lease Provisions will be reduced proportionately.
(b) Landlord implements a system whereby only specifically identified will have no liability for any damage to vehicles are granted Permitson the Property or for any loss of property from within such vehicles, other vehicles shall not be permitted or for any injury suffered by Tenant’s employees or Tenant’s Visitors, except to use the Building Garage without the extent such loss, damage or injury is caused solely by Landlord’s prior written consentgross negligence or willful misconduct. Tenant shall advise its employees, Tenant’s Visitors, and any subtenant’s employees of the requirements of this Section 8.4 and Tenant shall be responsible for compliance by such parties with such requirements. If Tenant or Tenant’s Visitors park illegally or in areas designated for use by others, or in driveways, fire lanes or areas not striped for general parking or otherwise violate any parking rules and regulations promulgated by Landlord, then Landlord may, at Tenant’s sole cost and expense, tow such vehicles away from the Property and/or attach violation notices to such vehicles. Any amount due from Tenant pursuant to this Article will be deemed Additional Rent and Tenant shall pay such amounts to Landlord upon demand. Landlord reserves the right upon written notice posted in right, from time to time, to assign and re-assign to Tenant and other tenants of the Building Garage, to change the specific parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereofspaces, and Tenant fails agrees to cure such Default within any applicable cure period under be bound thereby provided that the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights number of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges parking spaces indicated in the event of a Default shall Basic Lease Provisions will not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasereduced.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Sublease (Roka BioScience, Inc.), Sublease (Roka BioScience, Inc.)
Parking. A. Landlord Resident acknowledges that parking is available in the designated parking areas at the Facility on a first come, first served basis. A limited number of reserved parking spaces will be available for rent for use by Residents of the Facility who have leased an individual parking space for the Monthly Parking Fee. If Resident has elected to lease a parking space in the facility, Resident shall make available pay the amount listed below each month along with monthly Rent Installment. If no Parking Confirmation or Monthly Parking Fee is listed below resident will not have access to Tenant, provided Tenant a parking space in the facility. The terms of this Addendum shall coincide with the terms of the Contract and shall automatically expire upon the expiration of the Contract or any renewal or extension of the Contract. In the event the parking space is not maintained properly, is damaged, or is otherwise not returned in default under this Leasea condition satisfactory to Landlord at the End Date or the earlier termination of the Contract, throughout Resident shall pay to Landlord the Term Seven (7) cost of repairs to the parking permits space. Parking Confirmation: Monthly Parking Fee: $
a. The Parking Permit and an Access Device, to the extent applicable, will be issued at move-in. Resident’s Parking Permit is only valid for the vehicle Resident has registered with Landlord, (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement PeriodRegistered Vehicle”). The total amount Parking Permit shall be displayed at all times in the lower left-hand corner of Parking Charges for the Permits abated during front windshield of the Registered Vehicle. If the Parking Charge Abatement Period shall equal $0.00 (Permit is placed anywhere else or is not visible, the “Abated Parking Charges”)Registered Vehicle is subject to being towed or booted at Resident’s expense. Resident shall, without delay, provide Landlord with written notice if Resident has a change in vehicle, license plate, or both. If Tenant Defaults Resident loses the Parking Permit, Resident shall promptly obtain a replacement from Landlord and pay the Replacement Parking Permit Fee.
b. Resident shall only park in designated parking spaces or, if applicable, Resident’s assigned parking space. Landlord has the right to have Resident’s vehicle towed or booted at any time during the TermResident’s expense if such vehicle (i) is parked in a loading zone, and any extension thereoffire lane, and Tenant fails on landscaping or grass, in front of dumpsters (if any) or on curbs, (ii) is double parked, (iii) appears to cure such Default within any applicable cure period under the Leasebe abandoned, all Abated Parking Charges shall immediately become due and payable(iv) is not, and all future rights with respect to Resident only, a Registered Vehicle, (v) appears to be in a state of Tenant disrepair, (vi) causes damage to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified aboveparking facilities, or to comply with the rules and regulations governing the use of the Building Garage, including but (vii) does not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromhave a current registration or inspection.
Appears in 2 contracts
Samples: Housing Contract, Housing Contract
Parking. A. Landlord shall make available At no additional cost to TenantTenant during the Lease Term (as it may be extended), provided Tenant is allocated and shall have the nonexclusive right to use not in default under this Lease, throughout the Term Seven (7) more than Tenant’s Allocated Share of parking permits (the “Permits”) to allow access to the parking garage located at spaces contained within the Property described in section 2.1 of this Lease (based upon a minimum of 4 parking spaces per 1,000 square feet of Building Gross Leasable Area) for its use and the “Building Garage”) which is used in connection with the operation use of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent its employees and with each installment of Base Rent due under the Leaseinvitees, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours location of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined designated from time-to-time by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles Tenant shall not be permitted at any time use nor permit its employees, invitees or customers to use more parking spaces than the Building Garage without number so allocated to Tenant. Tenant shall not have the Landlordexclusive right to use any specific parking space. Landlord reserves the right, after having given Tenant reasonable notice and opportunity to remove such vehicle, to have any vehicles owned by Tenant or its employees or invitees utilizing parking spaces in excess of the parking spaces allowed for Tenant’s prior written consentuse to be towed away at Tenant’s cost. Landlord reserves the right to assign parking spaces to Tenant. All trucks and delivery vehicles shall be:
(i) loaded and unloaded in a manner which does not unreasonably interfere with the businesses of other occupants of the Property; and
(ii) permitted to remain on the Property only so long as is reasonably necessary to complete loading and unloading. Landlord may, upon advance written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, grant to any other tenant the exclusive right to use any particular parking space(s), including those spaces assigned to Tenant; and, as a result thereof, neither Tenant nor its employees or invitees shall use such spaces; provided, however, that Landlord shall grant to Tenant the same number of spaces taken from Tenant, if any, elsewhere on the Property and in such Parking Charge a location reasonably acceptable to Tenant. Tenant shall be paid monthly not at any time park or permit the parking of its vehicles or the vehicles of others adjacent to loading areas so as to interfere in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection way with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrarysuch loading areas, so long as nor shall Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during park or permit the Termparking of its vehicles or the vehicles of others on any portion of the Property not designated by Landlord as a parking area. In the event Landlord elects or is required by any Law to limit or control parking in the Property, whether by validation of parking tickets or any other method of assessment, Tenant agrees to participate in such validation or assessment program under such reasonable rules and regulations as are from time-to-time established by Landlord, but at no cost to Tenant. Landlord reserves that right, after having given Tenant reasonable prior notice, to have any extension thereof, and Tenant fails vehicles owned or operated by Tenant’s employees or invitees utilizing parking spaces in excess of the parking spaces allowed for Tenant’s use to cure such Default within any applicable cure period under the Lease, be towed away at Tenant’s cost. Landlord shall maintain all Abated Parking Charges shall immediately become due and payableparking areas, and all future rights of Tenant to paths and sidewalks between the Abated Parking Charges shall be null Building and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rightsparking areas, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abatedwell maintained, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasewith adequate lighting.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Multi Tenant Space Lease (Nevro Corp), Multi Tenant Space Lease (Nevro Corp)
Parking. A. During the Term, Landlord shall, subject to the terms hereof, make available up to one hundred sixty-five (165) parking spaces for Tenant’s use in the parking areas serving the Building at no charge; provided that the foregoing shall not be deemed to exclude costs associated with the parking areas from Operating Costs or Taxes to the extent not otherwise excluded under Section 5.2(b). The number of parking spaces in the parking areas reserved for Tenant, as modified pursuant to this Lease or as otherwise permitted by Landlord, are hereinafter referred to as the “Parking Spaces.” Tenant shall have no right to hypothecate or encumber the Parking Spaces, and shall not sublet, assign, or otherwise transfer the Parking Spaces other than to employees of Tenant occupying the Premises or a transferee pursuant to an approved Transfer (or Transfer not requiring approval) under Section 13 of this Lease. Approximately twenty-nine (29) of the Parking Spaces shall be reserved near the main entrance to the Premises as shown on Exhibit 1B for Tenant’s exclusive use, Tenant hereby acknowledging that some of such 29-spaces are designated as handicapped parking and/or carpool parking as shown on Exhibit 1B. Tenant may, subject to Landlord’s reasonable approval, clearly label such 29 spaces as reserved for Tenant by Landlord The remainder of the Parking Spaces shall be located in the area designated as “Common Parking” on Exhibit 1B, subject to the provisions of this Section 1.3(b). Subject to the foregoing, and subject to Landlord’s right to reserve parking for other tenants of the Building in the areas shown on Exhibit 1B as “Reserved Available Parking” and “Quanterix Parking,” (as such reserved parking for other tenants of the Building may be relocated to the Common Parking area (or elsewhere) by Landlord in connection with any Future Development), said Parking Spaces will be on an unassigned, non-reserved basis. All of the Parking Spaces shall be subject to such reasonable Rules and Regulations as may be in effect for the use of the parking areas from time to time. Notwithstanding anything to the contrary contained herein, (i) Landlord shall make available have the right, during the performance of Landlord’s restoration obligations set forth in Section 15 below, to Tenant, provided Tenant is not in default under this Lease, throughout temporarily relocate all or any portion of the Term Seven (7) parking permits (the “Permits”) to allow access Parking Spaces to the parking garage areas located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant000 Xxxxxxxx Xxxxxx, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month4 Xxxxxxxx Place and/or 00 Xxxxxxxx Xxxxxx, and (ii) for Landlord shall have the last partial calendar month one-time right, upon at least six (6) months’ written notice to Tenant, in connection with Future Development (as defined in Section 2.2), to temporarily relocate all or any portion of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while Spaces located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease Common Parking area to the contraryparking areas located at 000 Xxxxxxxx Xxxxxx, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges 4 Xxxxxxxx Place and/or 00 Xxxxxxxx Xxxxxx for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure a period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effectmore than two (2) years. The payment by Tenant Landlord shall use reasonable efforts to stage any Future Development in a manner that minimizes the duration of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasesuch temporary relocation.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (uniQure B.V.), Lease Agreement (uniQure B.V.)
Parking. A. Subject to the remaining provisions of this Paragraph, ------- Landlord grants to Tenant (for the benefit of Tenant and Tenant's Invitees) the right to the non-exclusive use of the parking area within the boundaries of and serving the Project (the "Parking Area"). Tenant's use of the Parking Area shall be free of charge and subject to such rules as Landlord may, in its sole discretion, adopt from time to time with respect to the Parking Area, including without limitation (i) rules providing for the payment of charges or fees by users of the Parking Area (excepting Tenant with respect to its allotted parking for its employees and for its guests, which may require validation by Tenant, provided such validation is at no cost to Tenant) in order to reimburse Landlord for the expense of a parking attendant and/or an automated parking system or to comply with local taxes or fees and in such event the charges or fees shall be deemed Additional Rent, (ii) rules limiting tenants of the Project (including, without limitation, Tenant) to the use of, or excluding the use of, certain parking spaces or certain portions of the Parking Area, in order to maintain the availability of accessible parking spaces for clients, guests, and invitees of tenants of the Project, and (iii) rules limiting tenants of the Project (including without limitation Tenant) to the use of a restricted number of parking spaces or a restricted area. Notwithstanding anything to the contrary in this Paragraph, Landlord may, at its election, construct improvements upon or otherwise alter in any manner the Parking Area provided that Landlord makes reasonable amounts of parking available (or reasonable amounts of parking will remain available) to Tenant elsewhere on the Project, or within a reasonable distance from the Project. Landlord reserves the right to grant certain tenants in the Project the exclusive right to park in specified areas of the Parking Area, to the exclusion of all other tenants. Tenant acknowledges that the exercise of the rights reserved to Landlord under this Paragraph may result in a decrease in the number of parking spaces available to Tenant and Tenant's Invitees, and no such decrease shall affect Tenant's obligations under this Paragraph or entitle Tenant to any abatement of Rent. Notwithstanding anything to the contrary in this Lease, Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits use, no fewer than 3.5 parking spaces in the amount Project per 1,000 Rentable Square Feet of $0.00 per month space occupied by Tenant. See Addendum No. 1. -------------- 12. [***] ----- 8 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the full Term information subject to the confidentiality request. Omissions are designated as [***]. A complete version of the Lease, beginning this exhibit has been filed separately with the Commencement Date (the “Parking Charge Abatement Period”)Securities and Exchange Commission. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the Tenant's sole cost and expense of expense, and in accordance with Paragraph 24, below, install its primary Tenant and without liability identification sign in accordance with the sign criteria for damages resulting therefrom.the Project. See Addendum No. 1. --------------
Appears in 2 contracts
Samples: Standard Full Service Gross Office Lease (Copper Mountain Networks Inc), Standard Full Service Gross Office Lease (Copper Mountain Networks Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation The provisions of the BuildingSpecial MOU regarding City Employee Parking and Commute Options, including all existing and future amendments, shall apply to employees represented by the Engineers and Architects Association. Of said Seven (7) Permits granted to TenantAll City-wide parking and transportation policies promulgated by the Commute Options and Parking Section of the Personnel Department and/or the Joint Labor-Management Committee on Commute Options and Parking shall also apply, each shall be standard unreservedincluding the policies regarding appeals of employee parking issues. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles Such appeals shall not be permitted grievable. Temporary Parking - Occasional Mileage Assignment Employees who are assigned to use receive mileage on an occasional basis, and are not otherwise assigned a mileage parking permit may apply to Parking Services for a temporary parking pass (for one or more days), upon certification by a supervisor in advance that the Building Garage without employee will be assigned to mileage on a specific date(s). Such temporary pass may be requested in lieu of receiving reimbursement for parking on the Landlord’s prior written consentdate of the mileage assignment. Landlord reserves Such permits shall be available only for City owned lots for which temporary permits are normally available. Temporary Parking - Office Relocation It is the right upon written notice posted in understanding of the Building Garage, parties that temporary transition parking for a function relocated to change the civic center area may be provided under the condition that such temporary parking system for the Building Garage shall not exceed 30 days and no more than 10 permits shall be available at any time to any group of City employees. The purpose of such transition parking is to provide special requirements affected employees with the opportunity to arrange carpools, vanpools or public transportation at their new work location. Application for weekendsuch permits shall be submitted by the General Manager of the relocated department on behalf of the group of affected employees. Such permits shall be made available to employees who do not immediately qualify for regular parking permits or a transportation subsidy. If the number of relocated employees exceeds 10, holiday or after hours usage and then it shall be the responsibility of the requesting department to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenantdetermine eligibility, and such determination shall not be subject to grievance or appeal to Parking Charge Services. Such permits shall be paid monthly in advance as hereinabove providedavailable only for City-owned lots for which temporary permits are normally available. A pro rata portion of such Parking Charge shall They will not be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation available to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence individual employees who transfer or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasepromote between locations.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation A sketch of the Building. Of said Seven building’s parking spaces is attached hereto as Appendix D to this agreement (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under hereinafter: “the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement Sketch of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement PeriodSpaces”). The total amount Eighteen ordinary parking spaces marked in red on the sketch of Parking Charges parking spaces shall be made available to the Lessee for the Permits abated during period of the Parking Charge Abatement Period shall equal $0.00 (tenancy for the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension sole use thereof, and Tenant fails to cure such Default within any applicable cure period under commencing at the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant beginning of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rightstenancy period, pursuant to this Lease or at law or agreement. The parties hereby agree that by way of giving written notice of 30 days in equity. During advance to the Lessor, the Lessee shall have the option to add and rent up to 12 additional parking spaces in the building to be allocated and marked by the Lessor (hereinafter: “the Additional Parking Charge Abatement PeriodSpaces”), only Parking Charges for the Permits part of which shall be abatedordinary spaces and part shall be double spaces according to the relation and arrangement herein below: the first 8 additional parking spaces shall be double parking spaces (i.e., 4 double parking spaces) and the 4 remaining spaces to be rented to the Lessee thereafter shall be ordinary parking spaces. Rental of each of the additional parking spaces shall commence on the date according to the Lessee’s provision of notice to the Lessor, as aforesaid, and all Base Rentshall extend until the expiration of the tenancy period. Likewise, Additional Rent the parties hereby agree that, subject to the provision of 30 days’ notice in advance and other costs and charges in writing to the Lessor, the Lessee shall have the right to reduce the number of additional parking spaces that it shall rent from the Lessor, as aforesaid, up to the rental of 18 ordinary parking spaces specified in the first sub-section of this Lease section 7 herein, at the least. The type of additional parking spaces to be reduced, as aforesaid in this sub-section above, shall remain as due and payable pursuant be in accordance with the type of additional parking spaces that the Lessee rented from the Lessor, in the reverse order to the provisions order aforesaid, so that each additional parking space to be removed shall be the last additional parking space (ordinary or double) that the Lessee rented, in accordance with the contents of this Lease.
C. The failure to timely pay the Parking Charge specified section above, or to comply with the rules and regulations governing . In return for the use of the Building Garageparking spaces, including but not limited the Lessee shall pay the Lessor rent as specified in section 10 herein below. In any event of the termination of the tenancy or the lawful revocation thereof, all as the case may be, the permission to use the parking spaces as aforesaid shall automatically be revoked as well. The provisions of this agreement concerning all that pertains to the rules establishing time limits on rented premises shall apply to the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromparking spaces as well.
Appears in 2 contracts
Samples: Lease Agreement (BioLineRx Ltd.), Lease Agreement (BioLineRx Ltd.)
Parking. A. Landlord 24.1 Tenant shall make available be allocated spaces in the Building’s parking facilities, at no charge to Tenant, provided in the ratio of four (4) spaces per one thousand (1,000) rentable square feet of leased Premises, inclusive of any reserved spaces granted to Tenant is not in default under by this LeaseLease or otherwise. Except for such reserved spaces, throughout Tenant shall have the Term Seven (7) parking permits (the “Permits”) right to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of utilize the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved ’s parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be facilities on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in exclusive and unreserved basis with other tenants of the Building Garage for the parking of standard-sized passenger automobiles and if Landlord so elects, the Permits upon such terms and conditions as may from time to time be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined established by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in its absolute discretion to determine whether the parking facilities are becoming crowded and to allocate and to reserve and assign parking spaces among Tenant and the other tenants. If Landlord, in its reasonable discretion, grants to any other tenant of the Building the exclusive right to use any particular parking spaces, then neither Tenant nor its employees or visitors shall use such spaces. Landlord shall not be responsible to enforce reserved parking; however, Landlord shall clearly xxxx all reserved spaces. Tenant shall not use parking areas for the servicing or overnight storage of vehicles. Tenant shall not assign, sublet or transfer any rights with respect to the parking facilities. Landlord reserves the right to institute either a valet parking system or a self-parking system. It is understood and agreed that Landlord assumes no responsibility, and shall not be held liable, for any damage or loss to any automobiles parked in the Building Garageparking facilities or to any personal property located therein, to change or for any injury sustained by any person in or about the parking system for facilities. Landlord reserves the Building Garage right to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, parking facilities during periods of unusually inclement weather or portions thereof to make such repairs or alterations as for repairs. Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant be liable to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, Tenant and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to not be affected if any parking rights hereunder are impaired by any Law imposed after the provisions of this LeaseLease Commencement Date.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Office Lease Agreement (Wells Real Estate Fund Xi L P), Office Lease Agreement (Wells Real Estate Fund Xi L P)
Parking. A. Landlord Lessee shall make available have the right to Tenantuse the number of non-exclusive ------- parking spaces located within the Project as designated in Article 1.k. without charge during the Term, provided Tenant is not except, however, notwithstanding anything to the contrary contained in default under this Lease, throughout if a charge, fee, tax or other imposition is assessed against Lessor or the Term Seven Project by applicable governmental authorities based upon use of parking space at the Project or is required by applicable governmental authorities to be assessed by Lessor upon users of parking spaces at the Project, then Lessee shall pay its equitable share of such charge, fee, tax or other imposition to Lessor monthly in advance as additional rent. Use of all parking spaces shall be subject to reasonable rules and regulations established by Lessor which may be altered at any time and from time to time during the Term. The location of all parking spaces may be designated from time to time by Lessor. Neither Lessee nor Lessee's Agents shall at any time use more parking spaces than the number so allocated to Lessee or park or permit the parking of their vehicles in any portion of the Parcel not designated by Lessor as a non-exclusive parking area. Lessee and Lessee's Agents shall not have the exclusive right to use any specific parking space, except as expressly stated in this Article 26. Lessor shall designate a number of stalls (7) which shall be at least such number as Lessor determines in the exercise of its business judgment to provide reasonable parking permits (the “Permits”) to allow access for visitors to the Building and the adjacent "Building 4") in the underground parking garage located at serving the Property (Project as "visitor parking". Notwithstanding the “Building Garage”) which number of parking spaces designated for Lessee's non- exclusive use, in the event by reason of any rule, regulation, order, law. statute or ordinance of any governmental or quasi-governmental authority relating to or affecting parking on the Parcel, or any cause beyond Lessor's reasonable control, Lessor is used in connection with required to reduce the operation number of parking spaces on the Parcel, Lessor shall have the right to proportionately reduce the number of Lessee's parking spaces and the non-exclusive parking spaces of other tenants of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord Lessor reserves the right upon written notice posted in the Building Garage, its reasonable discretion: to change the determine whether parking system for the Building Garage facilities are becoming overcrowded and in such event to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, re-allocate parking spaces on a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month basis among Lessee and other tenants of the Lease Term Project; to have any vehicles owned by Lessee or Lessee's Agents which are parked in the event the Commencement Date occurs on a date other than the first day violation of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, Article 26 or to comply with the Lessor's rules and regulations governing relating to parking, towed away at Lessee's cost, after having given Lessee reasonable notice. In the use of the Building Garage, including but not limited event Lessor elects or is required by any law to the rules establishing time limits limit or control parking on the use Parcel, by validation of said Permits, shall entitle Landlord, in addition to parking tickets or any other remedies provided hereundermethod, Lessee agrees to terminate the Permits and tow any vehicles which are participate in violation of said such validation or other program under such reasonable rules and regulations as are from time to time established by Lessor. Lessor shall have the Building Garage right to close all or any portion of the parking areas at reasonable times for any purpose, including, without limitation, the sole cost prevention of a dedication thereof, or the accrual of rights in any person or the public therein. Employees of Lessee shall be required to park in areas designated for employee parking, if any. The parking area shall not be used by Lessee or Lessee's Agents for any purpose other than the parking of motor vehicles and expense the ingress and egress of Tenant pedestrians and without liability for damages resulting therefrommotor vehicles.
Appears in 2 contracts
Samples: Net Office Lease (Chordiant Software Inc), Net Office Lease (Chordiant Software Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout Throughout the Term Seven and without any additional cost (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used other than as allowed as an Expense hereunder), Tenant may park in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved ’s parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge facilities (the “Parking ChargeFacility”) equal to ), in common with other tenants of the sum Building, upon the following terms and conditions. Tenant shall not use more than the number of $0.00 per month for each Permit issued unreserved parking spaces set forth in Section 1.9. Landlord shall not be liable to Tenant, nor shall this Lease be affected, if any parking is impaired by (or any parking charges are imposed as a result of) any Law. Tenant shall comply with all rules and such regulations established by Landlord from time to time and provided in writing to Tenant for the orderly operation and use of the Parking Charge Facility, including any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, in its discretion, allocate and assign parking passes among Tenant and the other tenants in the Building. Tenant’s use of the Parking Facility shall be paid monthly at Tenant’s sole risk, and Landlord shall have no liability for any personal injury or damage to or theft of any vehicles or other property occurring in advance the Parking Facility or otherwise in connection with any use of the Parking Facility by Tenant, its employees or invitees. Landlord may alter the size, configuration, design, layout or any other aspect of the Parking Facility, and, in connection therewith, temporarily deny or restrict access to the Parking Facility, in each case without abatement of Rent or liability to Tenant so long as hereinabove providedLandlord undertakes commercially reasonable efforts to minimize any interference with Tenant’s parking for or access to the Premises. A pro rata portion of such Parking Charge shall be payable for the Landlord may delegate its responsibilities hereunder to a parking operator, in which case (i) first partial calendar month such parking operator shall have all the rights of the Lease Term in the event the Commencement Date occurs on control reserved herein by Landlord, (ii) Tenant shall enter into a date other than the first day of a calendar monthparking agreement with such parking operator, and (iiiii) Landlord shall have no liability for claims arising through acts or omissions of such parking operator except to the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar monthextent caused by Landlord’s gross negligence or willful misconduct. Tenant’s obligation to pay parking rights under this Section 24 are solely for the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is benefit of Tenant’s obligation to pay Rent. Default in the payment of employees and invitees and such Parking Charge shall rights may not be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of transferred without Landlord’s other rightsprior consent, except pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasea Transfer permitted under Section 14.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Office Lease (Responsys Inc), Office Lease (Responsys Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the TermLease Term ALZA (and/or any ALZA Affiliates) or an Unaffiliated Assignee is not the tenant under all Three Leases, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under this Paragraph shall apply. Once the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights ratio of Tenant the square footage size of the Building leased hereunder is determined in relation to the Abated Parking Charges aggregate square footage of all Three Buildings, a specific number of non- exclusive parking spaces shall be null and void and of no further force or effect. The payment assigned to Tenant equating to such ratio multiplied by Tenant all of the Abated Parking Charges parking spaces in the Complex. Tenant shall have the right to use with the other tenants or other occupants of the Complex parking spaces so assigned in the common parking area of the Complex. Tenant agrees that Tenant, Tenant's employees, agents, representatives, and/or invitees shall not use parking spaces in excess of said assigned parking spaces allocated to Tenant hereunder. Landlord shall have the right, at Landlord's reasonable discretion, to specifically designate the location of Tenant's parking spaces within the common parking area of the Complex in the event of a Default dispute among the tenants occupying the Building and/or Complex referred to herein, in which event Tenant agrees that Tenant, Tenant's employees, agents, representatives and/or invitees shall not limit use any parking spaces other than those parking spaces specifically designated by Landlord for Tenant's use. Said parking spaces, if specifically designated by Landlord to Tenant, may be relocated by Landlord at any time, and from time to time. Landlord reserves the right, at Landlord's reasonable discretion, to rescind any specific designation of parking spaces, thereby returning Tenant's parking spaces to the common parking area. Landlord shall give Tenant written notice of any change in Tenant's parking spaces. Tenant shall not, at any time, park, or affect permit to be parked, any trucks or vehicles adjacent to the loading area so as to interfere in any way with the use of such areas, nor shall Tenant, at any time, park or permit the parking of Tenant's trucks and other vehicles or the trucks and vehicles of Tenant's suppliers or others, in any portion of the common areas not designated by Landlord for such use by Tenant. Tenant shall not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the common parking area or other common areas of the building. Tenant agrees to assume responsibility for compliance by its employees with the parking provision contained herein. If Tenant or its employees park in other than designated parking areas, then Landlord may charge Tenant, as an additional charge, and Tenant agrees to pay Ten Dollars ($10.00) per day for each day or partial day each such vehicle is parking in any area other than that designated. Tenant hereby authorizes Landlord’s other rights, pursuant at Tenant's sole expense, to this Lease tow away from the Complex any vehicle belonging to Tenant or at law Tenant's employees parked in violation of these provisions, or in equityto attach violation stickers or notices to such vehicles. Tenant shall use the parking area for vehicle parking only and shall not use the parking areas for storage. During the Parking Charge Abatement Periodtime ALZA (and/or any ALZA Affiliates) or an Unaffiliated Assignee is the tenant under all Three Leases, only Parking Charges the tenant under all Three Leases shall have the right to park in any area designated for parking in the Permits Common Area and the above terms and conditions shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasenot apply.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Alza Corp), Lease Agreement (Alza Corp)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout Throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforLease Term, Tenant will pay shall have the right to Landlord as Additional Rent and with each installment of Base Rent due under the Leaseuse, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, “first-come, first-serve serve” basis. Landlord may elect to establish , in common with other tenants of the Building and free of parking zones charges, the number of unreserved parking spaces set forth in Section 12 of the Summary, which unreserved parking spaces are located in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use Areas servicing the Building Garage without the Landlord’s prior written consent. as shall be designated by Landlord reserves the right upon written notice posted in the Building Garage, from time to change the time for unreserved parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close tenants of the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Building. Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month abide by (A) the Parking Rules and Regulations which are in effect on the date hereof, as set forth in the attached Exhibit D and all reasonable modifications and additions thereto which are prescribed from time to time for the orderly operation and use of the Lease Term in Parking Areas by Landlord, and/or Landlord’s Parking Operator (as defined below), and (B) all recorded covenants, conditions and restrictions affecting the event the Commencement Date occurs on a date other than the first day of a calendar monthBuilding, and (ii) for cooperate in seeing that Tenant’s employees and visitors also comply with the last partial calendar month Parking Rules and Regulations (and all such modifications and additions thereto, as the case may be), any such other rules and regulations and covenants, conditions and restrictions. Landlord (and/or any other owners of the Lease Term in Project) specifically reserve the event right to change the term hereof expires size, configuration, design, layout, location and all other aspects of the Parking Areas (including without limitation, implementing paid visitor parking), and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to 45 GENESIS 1900 ALAMEDA time, temporarily close-off or restrict access to the Parking Areas so long as the same does not (other than on a date other temporary basis of less than one (1) week) reduce the last day number and availability of parking spaces available to Tenant under this Lease. Landlord may delegate its responsibilities hereunder to a calendar month. Tenant’s obligation to pay parking operator (the “Parking Operator”) in which case the Parking Charge Operator shall be considered an obligation have all the rights of control attributed hereby to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay RentLandlord. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence Any parking tax or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained charges imposed by governmental authorities in connection with the use of said Building Garage. Notwithstanding anything in this Section of such parking shall be paid directly by Tenant or the Lease to the contraryparking users, so long as Tenant is not in Default under this Leaseor, if directly imposed against Landlord, Tenant shall be entitled to an abatement of Parking Charges reimburse Landlord for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date all such taxes and/or charges within thirty (the “Parking Charge Abatement Period”)30) days after Xxxxxxxx’s demand therefor. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If parking rights provided to Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Article 23 are provided solely for use by Xxxxxx’s own personnel and such rights may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval, except in connection with an assignment of this Lease or at law or sublease of the Premises made in equityaccordance with Article 14 above. During All visitor parking by Tenant’s visitors shall be subject to availability, as reasonably determined by Landlord (and/or the Parking Charge Abatement PeriodOperator, only as the case may be), parking in such visitor parking areas as may be designated by Landlord (and/or the Parking Charges for the Permits shall be abatedOperator) from time to time, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to payment by such visitors of the provisions of this Lease.
C. The failure to timely pay prevailing visitor parking rate (if any) charged by Landlord (and/or the Parking Charge specified above, or Operator) from time to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromtime.
Appears in 2 contracts
Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)
Parking. A. (a) Landlord shall make available hereby grants to TenantTenant the right, provided Tenant is not in default under this Leasecommon with others authorized by Landlord, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to use the parking garage facilities owned by Landlord and located at the Property at no charge to Tenant. Landlord, at its sole election, may designate the types and locations of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall have the right, at Landlord’s reasonable election, to equitably change said types and locations from time to time; provided, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Building, and Landlord shall use its best efforts to maintain parking at the Property. Ring Central, Inc. Lease 31
(b) Landlord reserves the “Building Garage”) which is used in connection with right to enforce parking. In the operation event Tenant exceeds its parking allotment provided under Article 1.S of the Building. Of said Seven (7) Permits granted to TenantLease, each Tenant shall be standard unreserved. In consideration thereforrequired, within five (5) days of receiving written notice from Landlord, to implement an alternative parking plan/shuttle service for its employees that results in Tenant will pay not exceeding its parking allotment, and Tenant’s failure to Landlord as Additional Rent and with each installment of Base Rent due do so within said five (5) day period shall be a default under the Lease. Thereafter, if Tenant should again exceed its parking allotment, Tenant shall, without further notice from Landlord, be in default of the Parking Charge Lease. Consistent with Landlord’s policy, no reserved parking stalls will be allotted to Tenant.
(hereinafter definedc) hereinafter provided. The Permits If requested by Landlord, Tenant shall only notify Landlord of the license plate number, year, make and model of the automobiles entitled to use the parking facilities and if requested by Landlord, such automobiles shall be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysidentified by automobile window stickers provided by Landlord, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles such designated automobiles shall not be permitted to use the Building Garage without the parking facilities. If Landlord institutes such an identification procedure, Landlord may provide additional parking spaces for use by customers and invitees of Tenant on a daily basis at prevailing parking rates, if any. At Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garagesole election, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration make validation stickers available to Tenant for the Permitsany such additional parking spaces, Tenant covenants and agrees to pay to provided, however, if Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition makes validation stickers available to any other remedies tenant in the Building, Landlord shall make such validation stickers available to Tenant.
(d) The parking facilities provided hereunder, to terminate for herein are provided solely for the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense accommodation of Tenant and without Landlord assumes no responsibility or liability for damages resulting therefromof any kind whatsoever from whatever cause with respect to the automobile parking areas, including adjoining streets, sidewalks, driveways, property and passageways, or the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees, unless due to the gross negligence or willful misconduct of Landlord or Landlord’s agents or employees.
Appears in 2 contracts
Samples: Office Lease, Office Lease (RingCentral Inc)
Parking. A. Landlord shall 13.1. In addition to the Parking Spaces which are being used by the Lessee in accordance with the Lease Agreement, the Lessee will be entitled to make available use, for parking purposes only, in accordance with the provisions of the Lease Agreement and of this Addendum, of 3 Parking Spaces, located in the Parking lot of building 3 of the Park, which will be allocated to Tenantit by the Lessor (hereinafter, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (respectively: the “Permits”) to allow access to the parking garage located at the Property (Parking Spaces” and the “Building GarageParking Lot”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided). The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except usage rights with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking ChargeSpaces will commence on May 1, all tenant parking 2010 and will conclude on the termination date of the Lessee’s lease of the Additional Area in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge accordance with this Addendum (hereinafter: the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement License Period”). The total amount of Parking Charges for Notwithstanding the Permits abated during foregoing, it is hereby agreed between the Parking Charge Abatement Period shall equal $0.00 (parties that the “Abated Parking Charges”). If Tenant Defaults Lessor will be entitled to cancel, at any time during the TermLicense Period, the usage rights with respect to one Parking Space out of the Parking Spaces, in its excusive judgment, and any extension thereofafter issuing notice regarding the foregoing to the Lessee (hereinafter: the “Notice”). In the event that the Notice has been given, the Lessee will vacate and will cease all use of the Parking Spaces within 14 days after the provision of the Notice.
13.2. It is hereby clarified that the Parking Fees which will be paid with respect to the Parking Spaces, as specified below, will be paid with respect to the right to use the Parking Spaces only, and Tenant fails not for security or the provision of other services to cure such Default within the Lessee and/or for the vehicles which will park in the Parking Spaces. By signing this Addendum, the Lessee affirms that it is aware that the Lessor does not provide security services of any applicable cure period under kind in the Lease, all Abated Parking Charges shall immediately become due and payablelot. The Lessee hereby exempts the Lessor from any responsibility to provide security for the vehicles which will park in the Parking Spaces, and all future rights the provisions of Tenant the Bailees Law, 5727-1967, will not apply to this Addendum.
13.3. It is hereby agreed that the Lessor will be entitled to modify, from time to time, and in its exclusive judgment, the location of the Parking Spaces, and the Lessee will have no claim and/or demand and/or suit with respect to the Abated modification of the location of the aforementioned Parking Charges shall Spaces.
13.4. The Lessee will bear all taxes and fees which apply to the Parking Spaces, if any, including and without derogating from the foregoing, the payments of municipal taxes with respect to the Parking Spaces.
13.5. The Lessee and/or its representatives undertake to fulfill all instructions issued by the Lessor and/or by any other party on its behalf with respect to the management and operation of the Parking lot, parking and traffic arrangements in the Parking lot, etc. — including instructions which will be null posted, from time to time, in the Parking lot, through signs and/or by any other means.
13.6. For the avoidance of doubt, the Lessor and/or any representatives thereof and/or any entity and/or person employed by it and/or operating on its behalf will not be liable for any harm, theft, damage, loss or destruction, of any kind whatsoever, and/or for any reason whatsoever, which has been caused to the Lessee and/or to any other party on its behalf, to a vehicle and/or to any other person or property in the area of the Parking lot.
13.7. With respect to the use of each one of the 3 Parking Spaces, the Lessee will pay to the Lessor a total of NIS 220 per month (i.e., 220X3), with this amount being linked to the consumer price index (general index) which was published with respect to June 2008 (108.8 points, 2002 base), and void and with the addition of no further force or effectduly payable VAT. The Parking Fees will be paid in advance with respect to each quarter during the License Period, on the first business day of each quarter, as stated above, through a letter of permission to charge the Lessee’s account, which has been furnished to the Lessor in accordance with the provisions of the Lease Agreement.
13.8. The payment by Tenant of Parking Fees, as specified in subsection 13.7 above, shall not derogate from any other charge and/or payment which is owed to the Lessor with respect to the Lease and/or use and/or any other undertaking of the Abated Lessee in connection with additional areas and/or Parking Charges Spaces in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeasePark.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (CollPlant Holdings Ltd.), Lease Agreement (CollPlant Holdings Ltd.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under (a) During the Term of this Lease, throughout Landlord shall provide to Tenant three parking spaces for each one thousand square feet of rentable square feet in the Term Seven (7) parking permits Premises (the “PermitsQL Parking Spaces”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided). The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on SaturdaysQL Parking Spaces shall, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the following locations: (i) first partial calendar month of the Lease Term three hundred twenty will be located in the event the Commencement Date occurs either “surface parking lot(s)”, “parking structure”, or “executive garage”, each as depicted on a date other than the first day of a calendar monthSchedule 35 attached hereto, and (ii) for the last partial calendar month balance of the Lease Term parking spaces will be located in parking facilities mutually acceptable to Landlord and Tenant (“Parking Facilities”) (two hundred twenty nine parking spaces based upon the event rentable square footage of Phase One and Phase Two as of the term hereof expires on a date other than the last day Date of a calendar monthLease). Tenant’s obligation to pay the The QL Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while Spaces located in the surface lot(s), parking structure and executive garage are sometimes hereinafter collectively referred to as the “Building Garage, Parking Spaces.” Notwithstanding the foregoing or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease else to the contrary, so long as Tenant is not contrary contained in Default under this Lease, Tenant shall only be entitled to an abatement the number of QL Parking Charges Spaces for the Permits in Premises which is actually occupied by Tenant from time to time. If the amount rentable square footage of $0.00 the Premises is more or less than the rentable square footage contemplated as of the Date of Lease, Landlord shall determine the allocation of spaces between the Building Parking Spaces and the Parking Facilities.
(b) Commencing on the Commencement Date for each Phase, Tenant shall pay the following monthly rates for the QL Parking Spaces (“Parking Rent”):
(i) Ninety Dollars per parking space per month for parking spaces located in the full Term Surface parking lot(s);
(ii) One Hundred Ten Dollars per parking space per month for parking spaces located in the parking garage;
(iii) One Hundred Sixty Dollars per parking space per month for parking spaces located in the executive garage; and
(iv) The balance of the LeaseQL Parking Spaces shall be at the then market rate charged for such parking spaces, beginning which at the request of Landlord, shall be paid directly by Tenant to the owner/operator of the Parking Facilities.
(c) Parking Rent will be paid on the first day of each month following the applicable Commencement Date in advance without demand, deduction or setoff and shall otherwise be paid in the same manner and at the same time as Tenant pays Basic Rental.
(d) Landlord may not obligate itself to provide parking spaces to the remaining tenants in the Building which results in not providing Tenant with the Commencement Date Building Parking Spaces. Tenant will not permit the QL Parking Spaces to be used for transient parking. Tenant may, from time to time, reduce the number of QL Parking Spaces and if so reduced, may thereafter, from time to time, increase the number of QL Parking Spaces, in any event to no more than three parking spaces per 1,000 rentable square foot of the Premises.
(e) Landlord shall provide Tenant one parking access device and/or permit for each of the Building Parking Spaces requested by Tenant (collectively “QL Parking Charge Abatement PeriodPermits”). The total amount Thirty days prior to the applicable Commencement Date, Tenant shall advise Landlord of the number of QL Parking Charges Permits requested by Tenant as of the applicable Commencement Date. On or before the 1st day of each month, upon notice to Landlord, Tenant may decrease or increase (up to the maximum number of parking spaces permitted) the number of QL Parking Permits that Tenant will employ for the Permits abated during next subsequent month so as to provide Landlord with a minimum of one month’s notice.
(f) Monthly Parking Rent shall increase $5.00 for each Building Parking Space on each anniversary of the Phase One Commencement Date. Tenant shall reimburse Landlord, at Landlord’s cost, for replacement (i.e. lost, stolen, damaged) QL Parking Charge Abatement Period Permits.
(g) Landlord shall equal $0.00 not be considered to be an insurer, guarantor, or bailee of the safety or security of any employee, or of any vehicle, or of the contents of any vehicle, parked in any of the QL Parking Spaces. Tenant acknowledges (and will so advise all of its employees and affiliates that use the “Abated QL Parking Charges”). If Tenant Defaults at any time during the TermSpaces) that all of its employees must self-park and un-park their vehicles, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, abide by all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing of the Parking Facilities that may be applicable to their use of the QL Parking Spaces. Landlord does not guard or assume care, custody, or control of the vehicle or its contents and is not responsible to Tenant or any employees or to any individuals or entities to whom QL Parking Permits are provided, for fire, theft, damage, or loss, including any damage caused by any other vehicle parked in the Parking Facilities of the Building, as applicable.
(h) Tenant may not assign or sublet its rights to the use of the Building GarageQL Parking Spaces and/or the QL Parking Permits, including but not limited except in connection with an assignment of this Lease or sublease of all or any portion of the Premises. Tenant’s rights to use the QL Parking Spaces are subject to the rules establishing time limits on the Landlord’s right to use of said Permitsthe Parking Facilities pursuant to such agreements which may be in place between Landlord and the owners and/or operators of the Parking Facilities. Without limiting the generality of the foregoing, if Landlord’s right to use one or more of the Parking Facilities is terminated as a result of the sale of such Parking Facility(ies), then Tenant’s right to use such Parking Facility(ies) shall entitle be similarly terminated; provided, however, nothing contained herein shall limit Landlord, in addition ’s obligations to any other remedies provided hereunder, cause the QL Parking Spaces to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of be made available to Tenant and others permitted to use them pursuant to this Section 35. If the QL Parking Spaces become unavailable for any reason (including, without liability for damages resulting therefromlimitation, the sale of the Parking Facility(ies) in which the QL Parking Spaces are located), other than due to the acts or omissions of Tenant, Landlord will use commercially reasonable efforts to secure suitable replacement parking at comparable cost.
Appears in 2 contracts
Samples: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Parking. A. Landlord shall make available to Tenant, Parking for the Project will be provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the underground parking garage located at the Property (the “Building Garage”) which is used in connection will be shared with other property owners and may be operated by Landlord or a third party (“Garage Operator”). Parking for the general public including Tenant’s visitors and guests will be available on a space available basis at market rates. Landlord will coordinate with the operation Garage Operator to provide Tenant with the number of parking passes specified in the Basic Provisions. Fees required to be paid by Tenant as set forth elsewhere in this Lease, plus all applicable taxes and governmental charges, shall be paid by Tenant to Landlord or to the Garage Operator, as Additional Rent. Each parking pass shall entitle the holder thereof to park a passenger vehicle in the Garage on an unreserved basis. No specific spaces in the Garage shall be assigned to Tenant or its employees. The holders of Tenant’s parking passes may not park in any spaces reserved for other users. Landlord shall have exclusive control over the day-to-day operations of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisGarage. Landlord may elect make, modify and enforce reasonable rules and regulations relating to establish the Garage, and Tenant shall abide by, and shall cause its employees and invitees to abide by, such rules and regulations. In lieu of providing parking zones stickers or cards, Landlord may use any reasonable alternative means of identifying and controlling vehicles authorized to be parked in the Building Garage. Landlord may from time to time designate areas within the Garage and if for short term, visitor, or hotel parking only. Landlord so elects, the Permits may be issued to specifically identified designate spaces for fuel efficient or plug in vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consentonly. Landlord reserves the right upon written notice posted in to alter the Building Garagesize of the Garage and the configuration of parking spaces and driveways therein, to change provided that such alteration does not reduce the number of available parking system for the Building Garage to provide special requirements for weekend, holiday passes or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Tenant’s Guaranteed Parking Passes. Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants assign any unreserved and agrees to pay to Landlord during the Term, as Additional Rent thereunder, unassigned parking spaces and/or make all or a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date spaces reserved or institute any other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garagemeasures, including but not limited to valet parking, that Landlord determines are necessary or desirable to meet tenant requirements or orderly and efficient parking. If Landlord appoints a Garage Operator, the rules establishing time limits Garage Operator may exercise any rights granted to Landlord under this Section. Upon request, Tenant and each holder of a parking pass will execute and deliver a parking agreement with the operator of the Garage on the use operator’s standard form of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate agreement but which must otherwise be consistent with the Permits terms and tow any vehicles which are in violation conditions of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromthis Lease.
Appears in 2 contracts
Samples: Office Lease, Office Lease (Redfin CORP)
Parking. A. Tenant shall have the right to two (2) parking spaces per 1,000 RSF within the Premises in the parking area designated in attached Exhibit A-2 (the “Temporary Parking Area”) at no cost to Tenant, and, once completed, within improved parking areas adjacent to the Building (the “Structured Parking”) at a rate that will not exceed the fair market rental rate charged by substantially similar buildings in the applicable submarket. Tenant acknowledges that the Temporary Parking Area may not be located on the Land, but will be located within one (1) city block of the Building. If the Structured Parking is not completed prior to the expiration of the Lease Term, the Temporary Parking Area shall remain be available at no cost to Tenant for Tenant’s use as off-street parking for the duration of the Lease Term. Landlord represents and warrants that the use of the Temporary Parking Area is permitted under applicable law and Salt Lake City ordinances. When the Structured Parking has been completed, Landlord shall offer the allotted number of parking stalls to the Tenant. Tenant then has fourteen (14) business days to respond with the number of stalls that it requests within its allotment. Landlord will then grant the right to Tenant to use the requested number of stalls for the Lease Term. If the Tenant requests additional stalls and Landlord has such additional stalls available for Tenant’s use, then Landlord may, at its sole discretion, lease those stalls to Tenant at such time. Tenant agrees to comply with such reasonable rules and regulations as may be made by Landlord from time to time in order to insure the proper operation of the Structured Parking if or when created or designated so long as such rules and regulations do not adversely affect Tenant’s rights under this Lease. Landlord shall have the right at any time to assign spaces in the Structured Parking to individual tenants, in its sole discretion, provided that Landlord shall make available for Tenant the number of spaces provided for herein. Subject to Tenant, provided Tenant is not in default under the terms of this Lease, throughout all vehicles parked in the Term Seven (7) parking permits (Temporary Parking Area and the “Permits”) to allow access to Structured Parking and the parking garage located personal property therein shall be at the Property (the “Building Garage”) which is used in connection with the operation sole risk of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforTenant’s employees, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Leaseagents, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdayscontractors, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles invitees and the Parking Charge may relate to specified zone(s) as determined by Landlord. If users of such spaces and Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted responsible for any injuries to use any person nor any damage to any automobile, vehicle or other property that occurs in or about the Building Garage without the Landlord’s prior written consentparking areas. Landlord reserves the right upon written notice posted in the Building Garage, its sole discretion to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, enforce its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the reasonable rules and regulations governing the use of the Building Garageregulations, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlordpolicing and towing. Landlord may, in addition its sole discretion, change the location and nature of the parking spaces available to Tenant, provided that after such change, there shall be available to Tenant the same number of spaces within the same proximity to the Premises as before such change. Notwithstanding the foregoing, the rights granted to Tenant to use any parking spaces is a license only and Landlord’s inability to make spaces available at any time for reasons beyond Landlord’s reasonable control (other remedies provided hereunderthan due to Landlord’s breach of its contractual obligations or this Lease or its negligence or willful misconduct) is not a breach by Landlord of its obligations hereunder so long as Landlord provides substantially similar alternative parking spaces for Tenant’s use and undertakes all commercially reasonable efforts to allow Tenant to use the Temporary Parking Facilities or Structured Parking, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromas applicable.
Appears in 2 contracts
Samples: Lease Agreement (Recursion Pharmaceuticals, Inc.), Lease Agreement (Recursion Pharmaceuticals, Inc.)
Parking. A. Landlord (a) During the term, Tenant shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven be allocated Forty-Two (742) parking permits spaces at no additional charge. Twelve (12) of these spaces shall be guaranteed but unassigned in lots C, D and E as designated in Exhibit A, six (6) of these spaces shall be on the “Permits”top floor of the garage as designated on Exhibit A, and the balance of the spaces will be unassigned and located in the lower rear lots (G, H, K, L and M) as shown in Exhibit A. Visitor parking is available for Tenant’s business invitees. Tenant will not park in posted spaces assigned to allow access other tenants or reserved for visitor parking. All parking spaces are for the use of the Tenants employees and invitees. There shall be no overnight parking of vehicles.
(b) Tenant understands and agrees that Landlord will not be responsible for, and will not incur any Liabilities to Tenant or its Affiliates with respect to, and Tenant waives and assumes the risk of, any acts or omissions occurring within the parking garage located at the Property areas or any entrances and exits thereto or therefrom (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day negligent or willful acts or omissions of a calendar monthLandlord or its Affiliates), and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permitsincluding, Tenant hereby waives on behalf of itself all claimswithout limitation, whether based on negligence any injuries, death, or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles cars or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereofproperty, and Tenant fails will not name Landlord or its Affiliates, or bring any actions of any kind against them, in connection therewith or as a result thereof.
(c) Tenant may not sublease, assign or otherwise Transfer any parking rights except to cure a permitted assignee or sublessee as part of such Default within any applicable cure period under the Leasepermitted assignment or sublease. In addition to Landlord’s rights as set forth in Section 15.1, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant Landlord may: limit access to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant portions of the Abated Parking Charges in parking areas; change signs, lanes and the event direction of a Default shall not limit traffic within the parking areas; change, eliminate or affect add parking spaces or areas devoted to parking; designate the area (or space) within which each authorized automobile may be parked and change any such designation from time to time; establish alternative means of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, identifying and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the controlling authorized parking; promulgate rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle regulations; construct additional and/or structured parking; and take any other actions deemed necessary by Landlord, provided that Tenant’s authorized parking spaces will not be reduced nor will Tenant be charged for parking over and above its share of Taxes and Operating Costs related thereto (unless Landlord otherwise specifically agrees in addition to any other remedies provided hereunder, to terminate the Permits a writing signed by Landlord and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromTenant).
Appears in 2 contracts
Samples: Consent to Sublease (Sige Semiconductor Inc), Consent to Sublease (Sige Semiconductor Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not its employees, and vendors must park in default under this Lease, throughout the Term Seven Hotel parking structure located adjacent to the Hotel (7) parking permits (the “PermitsParking Structure”) and enter the Premises through the Hotel’s employee/vendor entrance. Tenant’s employees have or will receive ID/access cards to allow the Hotel at no charge, but any replacement costs shall be borne by Tenant. Tenant will receive five (5) non-exclusive parking spaces located in the Parking Structure for its employees available on a first-come-first-served basis with other persons given access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the BuildingParking Structure. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant Overnight parking in the Building Garage will Parking Structure is not allowed. Tenant’s visitors and guests may self-park at the Parking Structure at no cost. Landlord makes no representation, warranty or guarantee as to the availability of valet parking at the Hotel entrances.
B. No employee of Tenant shall use any part of the Parking Structure except such area or areas as may be on a designated as non-reserved, firstexclusive parking areas. Landlord shall designate a reasonably sufficient area of the parking structure (taking into account all others who have or might have similar non-come, first-serve basisexclusive parking rights or privileges in such parking structure) as non- exclusive parking areas to allow the Tenant to exercise the nonexclusive parking rights as set forth in this Section. Landlord may elect issue parking passes to establish parking zones in the Building Garage be used by Tenant’s employees and/or require Tenant to supply lists of license plate numbers of employees, and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage cause employee automobiles illegally parked to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay be towed without liability to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal and/or to the sum of $0.00 per month impose reasonable fines or charges on Tenant for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove providedillegally parked employee automobiles. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges responsible for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning ensuring that its employees comply with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the Section and such other parking rules and regulations governing the use of the Building Garage, including but not limited as may be adopted and implemented by Landlord from time to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromtime.
Appears in 2 contracts
Samples: Lease Agreement (Neonc Technologies Holdings, Inc.), Lease Agreement (Neonc Technologies Holdings, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout Throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforLease Term, Tenant will pay shall have the right to Landlord as Additional Rent and with each installment of Base Rent due under the Leaseuse, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, “first-come, first-serve serve” basis. Landlord may elect to establish , in common with other tenants of the Building and free of parking zones charges, the number of unreserved parking spaces set forth in Section 12 of the Summary, which unreserved parking spaces are located in the Parking Facility servicing the Building Garage and if as shall be designated by Landlord so elects, from time to time for unreserved parking for the Permits may be issued to specifically identified vehicles and tenants of the Parking Charge may relate to specified zone(s) as determined by LandlordBuilding. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted Tenant’s continued right to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right parking spaces is conditioned upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month Tenant abiding by (A) the Parking Rules and Regulations which are in effect on the date hereof, as set forth in the attached Exhibit D and all modifications and additions thereto which are prescribed from time to time for the orderly operation and use of the Lease Term in Parking Facility by Landlord, and/or Landlord’s Parking Operator (as defined below), and (B) all recorded covenants, conditions and restrictions affecting the event the Commencement Date occurs on a date other than the first day of a calendar monthBuilding, and (ii) for upon Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with the last partial calendar month Parking Rules and Regulations (and all such modifications and additions thereto, as the case may be), any such other rules and regulations and covenants, conditions and restrictions. Landlord specifically reserve the right to change the size, configuration, design, layout, location and all other aspects of the Lease Term in the event the term hereof expires on a date other than the last day Parking Facility (including without limitation, implementing paid visitor parking), and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of a calendar month. Tenant’s obligation Rent under this Lease, from time to pay time, close-off or restrict access to the Parking Charge Facility. Landlord may delegate its responsibilities hereunder to a parking operator (the “Parking Operator”) in which case the Parking Operator shall be considered an obligation have all the rights of control attributed hereby to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay RentLandlord. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence Any parking tax or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained charges imposed by governmental authorities in connection with the use of said Building Garage. Notwithstanding anything in this Section of such parking shall be paid directly by Tenant or the Lease to the contraryparking users, so long as Tenant is not in Default under this Leaseor, if directly imposed against Landlord, Tenant shall be entitled to an abatement of Parking Charges reimburse Landlord for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date all such taxes and/or charges within ten (the “Parking Charge Abatement Period”)10) business days after Landlord’s demand therefor. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If parking rights provided to Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Article 23 are provided solely for use by Tenant’s own personnel and such rights may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval, except in connection with an assignment of this Lease or at law or sublease of the Premises made in equityaccordance with Article 14 above. During All visitor parking by Tenant’s visitors shall be subject to availability, as reasonably determined by Landlord (and/or the Parking Charge Abatement PeriodOperator, only as the case may be), parking in such visitor parking areas as may be designated by Landlord (and/or the Parking Charges for the Permits shall be abatedOperator from time to time, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to payment by such visitors of the provisions of this Lease.
C. The failure to timely pay prevailing visitor parking rate (if any) charged by Landlord (and/or the Parking Charge specified above, or Operator) from time to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromtime.
Appears in 2 contracts
Samples: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)
Parking. A. (a) Landlord agrees that, provided that no Event of Default shall make available to be continuing hereunder. Landlord will confer upon Tenant, provided during the Term of this Lease, the right and license to use sixteen (16) of Landlord’s non-reserved parking spaces in the garage in 000 Xxxxx Xxxxxxxxx Xxxxxx (collectively, the “Parking Spaces”) for purposes of parking the passenger automobiles of Tenant and Tenant’s principals and employees working at the Premises. Tenant shall pay to Landlord monthly, in advance as Additional Rent, a parking fee equal to the number of Parking Spaces multiplied by the applicable current monthly market rental rate for parking spaces in the applicable garage as is not in default being offered to the general public by Landlord, as the same may be adjusted by Landlord from time to time. Any parking fees due hereunder shall constitute Additional Rent under this Lease. On or before the Commencement Date, throughout Tenant shall send Landlord written notice setting forth the Term Seven number of Parking Spaces (7up to an aggregate maximum of sixteen (16)) parking permits (that Tenant elects to use and license in the “Permits”) 000 Xxxxx Xxxxxxxxx Xxxxxx garage, and Tenant shall be deemed to allow access have irrevocably and unconditionally relinquished, for the entire term of this Lease and any Renewal Term, the right to use or license any Parking Spaces in such garage in excess of the parking garage located at the Property (the “Building Garage”) which is used number of such spaces set forth in Tenant’s notice. Tenant and its employees shall comply with all Legal Requirements and all of Landlord’s reasonable rules, regulations and security requirements in connection with the operation Tenant’s use of the BuildingParking Spaces. Of said Seven (7) Permits granted to Tenant, each Tenant shall be standard unreserved. In consideration thereforresponsible for any loss, Tenant will pay damage or injury to Landlord persons or property caused as Additional Rent and with each installment a result of Base Rent due under the Lease, its or its employees’ use of the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between Spaces or the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for area in which Landlord may increase the Parking ChargeSpaces are located (including, all tenant parking without limitation, theft, vandalism or other criminal act). Landlord shall not be responsible for any loss or damage to, or theft of, any property or automobiles located in the Building Garage will be on a non-reserved, first-come, first-serve basisParking Spaces or parking area. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles Tenant shall not be permitted to use perform any Alterations with respect to the Building Garage without Parking Spaces. The privileges granted Tenant under this Section 10.7 merely constitute a license and shall not be deemed to grant Tenant a leasehold or other real property interest in the LandlordParking Spaces, the building(s) in which the same are located, or any portion thereof. The license granted to Tenant in this Section 10.7 shall automatically terminate and expire upon the expiration or earlier termination of this Lease and the termination of such license shall be self-operative and no further instrument shall be required to effect such termination. The rights conferred upon Tenant pursuant to this Section 10.7 shall not be assignable, subleasable or transferable separately from Tenant’s prior written consent. Landlord reserves interest in this Lease (as governed by Article 14 hereof).
(b) Notwithstanding anything to the right upon contrary set forth in Subsection (a) above, in the event that Tenant (i) fails to pay Additional Rent for the Parking Spaces (or any portion thereof), and such failure continues for a period of ten (10) Business Days after written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as from Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month fails to take possession of all or substantially all of the Lease Term in Parking Spaces within six (6) months after the event Commencement Date, and such failure continues for a period of ten (10) Business Days after written notice thereof from Landlord to Tenant, or (iii) fails to use the term hereof expires Parking Spaces (or any portion thereof) which Tenant has the right to use under this Section 10.7 on a date other than the last day regular and consistent basis, and such failure continues for a period of a calendar monthtwenty (20) Business Days after written notice thereof from Landlord to Tenant. then Tenant’s right to use such Parking Space(s) (or portion thereof) shall, from and after the expiration of such ten (10) or twenty (20) Business Day period referred to above, as applicable, terminate, expire and be of no further force or effect (without any reduction of Fixed Rent or any other obligation or liability of Tenant hereunder, but with a corresponding reduction in Additional Rent with respect to pay the reduction of Parking Charge Spaces (or any portion thereof)) and Landlord shall be considered an obligation free to pay Rent for use (or grant or confer upon any other Person the right to use) all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of or any such Parking Charge Space(s) upon such terms and conditions as Landlord shall be deemed to be a default determine, in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. sole discretion.
(c) Notwithstanding anything to the contrary contained in this Section of the Lease to the contrary10.7, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults if at any time during the TermTerm of this Lease the Tenant shall not be in occupancy of fifty percent (50%) or more of the Rentable Square Footage of the Premises Area for a period in excess of twenty (20) consecutive calendar days (“Occupancy Threshold”), and any extension thereof, and Tenant fails to cure such Default within any applicable cure period unless as a result of Landlord’s continuing default under the Lease, all Abated Tenant shall have no right to license the Parking Charges shall immediately become due and payableSpaces, and all future rights if Tenant is using any Parking Spaces under this Section 10.7, Tenant’s license to use such Parking Spaces shall automatically be revoked and Tenant shall cease using such Parking Spaces within forty-eight (48) hours of Tenant to the Abated Parking Charges shall be null and void and receipt of no further force or effect. The payment by Tenant written notice from Landlord of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasesuch revocation.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Groupon, Inc.), Lease Agreement (Groupon, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Leaseshall, throughout the Term Seven (7) as may be extended), have the right to use, without the obligation to pay any parking permits (the “Permits”) to allow access charges therefor, up to the number of Reserved Passes for reserved and covered parking garage located spaces in the Parking Facility and Unreserved Passes for unreserved and either uncovered or covered parking spaces (as may be designated by Landlord from time-to-time) in the Parking Facility as stated in Section “E” of the Summary of Basic Lease Information. Landlord shall have the right to establish such reasonable non-discriminatory rules and regulations as may be deemed desirable, at Landlord’s reasonable discretion, for the Property proper and efficient operation and maintenance of the Parking Facility, so long as such rules and regulations do not result in an Adverse Condition. Such rules and regulations may include, without limitation, the use of parking gates, cards, permits and other control devices to regulate the use of the parking areas. The rights of Tenant and its employees, customers, service suppliers and invitees to use the Parking Facility shall, to the extent such rules and regulations are not inconsistent with the other terms of this Lease, at all times be subject to the following: (i) Landlord’s right to establish reasonable, non-discriminatory rules and regulations applicable to such use (so long as such rules and regulations do not result in an Adverse Condition) and to exclude any person therefrom who is not authorized to use the same or who violates such rules and regulations; (ii) the rights of Landlord and other tenants in the Building and Complex to use the same in common with Tenant; (iii) the availability of parking spaces in said Parking Facility; (iv) Landlord’s right to establish and/or modify parking charges for visitor parking; and (v) Landlord’s right to change the configuration of the parking areas and any unassigned parking spaces as Landlord determines in its reasonable discretion (so long as such changes do not result in an Adverse Condition). Tenant agrees to limit its use of the Parking Facility to the number and type of parking spaces specified in Section “Building Garage”) E” of the Summary of Basic Lease Information. Notwithstanding the foregoing, nothing contained herein shall be deemed to impose liability upon Landlord for personal injury or theft, for damage to any motor vehicle, or for loss of property from within any motor vehicle, which is used suffered by Tenant or any of its employees, customers, service suppliers or other invitees in connection with the operation their use of the BuildingParking Facility. Of said Seven (7) Permits granted to TenantTenant understands and agrees that, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, while the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only Facility will be valid open to Tenant on a 24-hour basis, other than spaces that are assigned to tenants, all parking spaces in the parking area may be leased to members of the general public between the hours of 5:00 6:30 p.m. through 7:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 Monday through Saturday morning, after 1:30 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payableSaturday, and all future rights of Tenant to the Abated Parking Charges shall be null day on Sunday and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseholidays.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Fusion-Io, Inc.)
Parking. A. (i) Commencing on the Term Commencement Date, Tenant shall have the appurtenant right to use up to 13 unreserved parking spaces for standard size automobiles and small utility vehicles (2.4 per each 1,000 rentable square feet of the Premises). The parking spaces shall be used by Tenant and Tenant’s employees and business invitees and may be located on the Property and/or within the Building, and the location of said parking spaces, and the layout and location of the parking facilities, are subject to change from time to time. Tenant’s right to use such parking spaces shall be non-exclusive.
(ii) None of Tenant’s parking rights hereunder shall be assigned or sublicensed except in connection with a Transfer permitted under Article 13. Landlord shall have the right to make such parking available pursuant to a pass system or on any other reasonable basis determined by Landlord, and such parking rights shall be subject to Landlord’s reasonable rules and regulations of which Tenant is provided written notice, from time to time, and the right of Landlord to limit the number of parking spaces available to Tenant, provided its employees and invitees, where the use of the same exceeds the above-stated ratio. Tenant acknowledges that Landlord has informed Tenant that Landlord intends to allocate in its tenant leases more than the actual parking spaces servicing the Property. It is further acknowledged and agreed that as a consequence of such over-allocation of parking spaces, there may occasionally occur instances in which the number of parking spaces actually available to Tenant shall be less than the Parking Spaces to which Tenant is not in default entitled under this Lease, throughout . Landlord shall incur no liability to Tenant as a consequence of such over-allocation of parking spaces. Landlord shall have the Term Seven (7) parking permits (the “Permits”) right to allow access to alter the parking garage located at the Property (the “Building Garage”) which is used in connection with the areas or their operation of the Building. Of said Seven (7) Permits granted from time to Tenanttime, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations for maintenance as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar monthnecessary. Tenant’s obligation to pay the Parking Charge parking privileges constitute a license only, and no bailment is intended or shall be considered an obligation to pay Rent created. Neither Landlord nor any parking operator of the parking areas will have any responsibility for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage due to automobiles fire or other property while located theft or otherwise to any automobile parked in the Building Garage, parking areas or arising out of to any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseproperty therein.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (Keros Therapeutics, Inc.), Lease Agreement (Keros Therapeutics, Inc.)
Parking. A. During the term, Tenant and its employees and invitees may use without additional charge by Landlord shall make available a total of up to Tenant2.1 parking spaces for every 1,000 square feet of Premises Rentable Area rounded down to the nearest whole number (initially one hundred sixteen (116) and increasing to one hundred forty-eight (148) as of the Expansion Date), provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at in the Property Building (the “Building GarageParking Facility”) which is used in connection with the operation of the Building). Of said Seven (7) Permits granted All parking spaces made available to Tenant, each Tenant hereunder shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent unreserved and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be available on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by served basis until further notice from Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted PermitsTenant may not give any parties, other vehicles shall not be permitted than its employees and any invitees to the Premises, rights to use any of the Building Garage without parking spaces to which Tenant is entitled hereunder. The Parking Facility shall be used for the Landlord’s prior written consentparking of passenger vehicles. Landlord reserves the right upon written notice posted to (a) implement and modify systems to regulate access to and use of the Parking Facility, (b) designate and redesignate reserved and unreserved parking areas within the Parking Facility (for some or all tenants), (c) change entrances or exits and alter traffic flow within the Parking Facility, and (d) modify the Parking Facility to any extent provided that the aggregate number of unreserved parking spaces in the Building Garage, Parking Facility is not materially reduced so as to change deprive Tenant of the parking system for ratio hereinabove specified. Notwithstanding the Building Garage foregoing, Landlord further reserves the right to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, Parking Facility or portions thereof temporarily to make such repairs the extent necessary for maintenance and repairs. Tenant acknowledges that Landlord is not required to provide any security or alterations as Landlord may deem appropriate.
B. In consideration security services for any of the Permits, Parking Facility. Tenant covenants hereby indemnifies and agrees to pay to defend and hold Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, harmless from and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself against all claims, whether based on negligence loss, cost, or other grounds, against Landlord, its agents and employees damage arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section by Tenant and its employees and invitees of the Lease Parking Facility, except to the contrary, so long as extent caused by gross negligence or willful misconduct of Landlord or Landlord’s agent or employees. Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Termshall, and any extension thereofshall cause its employees to, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the all reasonable rules and regulations governing the use of the Building Garage, including but not limited pertaining to the rules establishing time limits on Parking Facility, as the use of said Permitssame may be established, shall entitle amended, revised or supplemented by Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Lease Agreement (RMR Group Inc.), Lease Agreement (Reit Management & Research Inc.)
Parking. A. Landlord Lessee shall make available have the right to Tenantuse the number of non-exclusive parking spaces located within the Project as designated in Article
1.1. without charge during the Term; except, provided Tenant is not however, notwithstanding anything to the contrary contained in default under this Lease, throughout if a charge, fee, tax or other imposition is assessed against Lessor or the Term Seven (7) Project by applicable governmental authorities based upon use of parking permits (spaces at the “Permits”) Project or is required by applicable governmental authorities to allow access be assessed by Lessor upon users of parking spaces at the Project, then Lessee shall pay its equitable share of such charge, fee, tax or other imposition to Lessor monthly in advance as additional rent. Use of all parking spaces shall be subject to rules and regulations established by Lessor which may be altered at any time and from time to time during the Term. The location of all parking spaces may be designated from time to time by Lessor. Neither Lessee nor Lessee's Agents shall at any time use more parking spaces than the number so allocated to Lessee or park or permit the parking garage located at of their vehicles in any portion of the Property (Parcel not designated by Lessor as a non-exclusive parking area. Lessee and Lessee's Agents shall not have the “Building Garage”) which exclusive right to use any specific parking space, except as expressly stated in this Article 26. Notwithstanding the number of parking spaces designated for Lessee's non-exclusive use, in the event by reason of any rule, regulation, order, law, statute or ordinance of any governmental or quasi-governmental authority relating to or affecting parking on the Parcel, or any cause beyond Lessor's reasonable control, Lessor is used in connection with required to reduce the operation number of parking spaces on the Parcel, Lessor shall have the right to proportionately reduce the number of Lessee's parking spaces and the non-exclusive parking spaces of other tenants of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord Lessor reserves the right upon written notice posted in its reasonable discretion: to determine whether parking facilities are becoming overcrowded and in such event to re-allocate parking spaces among Lessee and other tenants of the Project provided that there is no reduction in the Building Garage, parking made available to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, Lessee pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to Article 1.1. above; to have any vehicles owned by Lessee or Lessee's Agents which are parked in violation of the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, Article 26 or to comply with the Lessor's rules and regulations governing relating to parking, towed away at Lessee's cost, after having given Lessee reasonable notice. In the use of the Building Garage, including but not limited event Lessor elects or is required by any law to the rules establishing time limits limit or control parking on the use Parcel, by validation of said Permits, shall entitle Landlord, in addition to parking tickets or any other remedies provided hereundermethod, Lessee agrees to terminate the Permits and tow any vehicles which are participate in violation of said such validation or other program under such reasonable rules and regulations as are from time to time established by Lessor. Lessor shall have the Building Garage right to close all or any portion of the parking areas at reasonable times for any purpose, including, without limitation, the sole cost prevention of a dedication thereof, or the accrual of rights in any person or the public therein. Employees of Lessee shall be required to park in areas designated for employee parking, if any. The parking areas shall not be used by Lessee or Lessee's Agents for any purpose other than the parking of motor vehicles and expense the ingress and egress of Tenant pedestrians and without liability for damages resulting therefrommotor vehicles.
Appears in 2 contracts
Samples: Office Lease (Doubleclick Inc), Office Lease (Netgravity Inc)
Parking. A. Tenant and its employees, agents and invitees shall have the non-exclusive right to use the Parking Spaces, subject to (1) such Rules and Regulations (as defined herein) as Landlord may promulgate from time to time and (2) rights of ingress and egress of other tenants and their employees, agents and invitees. Landlord shall make be directly responsible to the Operator for the payment of any and all fees or charges hereunder, and Tenant shall be under no obligation to pay the Operator for said parking spaces. Tenant shall take reasonable measures to ensure that its employees, agents and invitees do not occupy more than the above referenced quantity of parking. Tenant shall only permit parking by its employees, agents or invitees of appropriate vehicles in appropriate designated parking areas. Landlord shall not be responsible for enforcing Tenant’s parking rights against any third parties. Except as otherwise specifically set forth herein, it is understood and agreed that no specific, reserved parking spaces, will be allocated for use by Tenant in the Adjacent Garage or Building Garage. With respect to the unreserved Parking Spaces, each user of the Adjacent Garage and Building Garage will have the right to park in any available parking space in accordance with regulations of uniform applicability promulgated by the Operator and Landlord. Notwithstanding anything herein to the contrary, but subject to the rights of Tenant set forth herein with respect to Tenant’s Parking Spaces, provided Landlord and the Operator hereby reserve the right from time to time to designate a reasonable portion of the Adjacent Garage or Building Garage to be used exclusively by visitors to the Building, other persons, entities, or tenants. Tenant is agrees that it and its employees shall observe the safety precautions in the use of the Adjacent Garage and Building Garage and shall at all times abide by all reasonable rules and regulations promulgated by the Operator and Landlord governing their use. In the event that the Operator and/or Landlord require that an identification or parking sticker must be displayed at all times in all cars parked in the Adjacent Garage and/or Building Garage, Landlord shall provide Tenant same, and any car not displaying such a sticker may be towed away at the car owner’s expense. In addition, Tenant’s use of the Adjacent Garage shall be subject to all applicable laws and regulations. There shall be no additional cost to Tenant for such identification or parking stickers. Tenant may park in default under this Leasethe Adjacent Garage without restrictions during the hours of 6:00 a.m. to 4:00 p.m., throughout the Term Seven local time, Monday through Friday (7) parking permits (exclusive of the “Permits”) to allow Parking Holidays” which are New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day). The gates controlling access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each Garage shall be standard unreservedprogrammed so that entry may be made by use of an access device after 4:00 p.m., local time, Monday through Friday, Saturdays, Sundays, and the Parking Holidays by Tenant and its employees. At all other times, the gates controlling access to the Adjacent Garage will be open to the public. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Leaseaddition, the Parking Charge gates controlling access shall be programmed so that entry cannot be made by use of an access device after 6:00 p.m., local time, Monday through Friday (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. or after 12:00 noon, local time, on Saturdays, Sundays, or on Parking Holidays), so that all vehicles entering the Adjacent Garage after 6:00 p.m., local time, Monday through Friday (or after 12:00 noon, local time, on Saturdays, Sundays, or on Parking Holidays) must take a ticket to gain access to the Adjacent Garage, and subsequently pay the standard charge or rate payable by patrons of the Adjacent Garage upon the exit from the Adjacent Garage. However, those persons entering the Adjacent Garage prior to 6:00 p.m., local time, Monday through Friday (or before 12:00 noon, local time, on Saturdays, Sundays, or on Parking Holidays) shall continue to be able to exit the Adjacent Garage after 6:00 p.m., local time, Monday through Friday (or after 12:00 noon, local time, on Saturdays, Sundays, or on Parking Holidays), by use of an access device and shall not be required to pay any fee to exit the Adjacent Garage. Except with respect Subject to any limited reserved parking the remaining terms and provisions of this Section 7, the Operator reserves the right to close the Adjacent Garage during periods of unusually inclement weather or for repairs. When the Adjacent Garage is closed, monthly permit holders shall be afforded access to the Building Garage by means of a magnetic card or other procedure provided by Landlord. In the event that Landlord may establish fails to provide to Tenant all or a portion of the Parking Spaces required under this Lease for more than five (5) consecutive business days, Landlord must make reasonable alternative parking spaces available to Tenant. Alternative parking spaces will be deemed to be reasonable if they are in a three (3) block radius of the Building, or, on the condition that Landlord provides reasonable shuttle service, within a one and a half (1.5) mile radius of the Building. If Landlord fails to provide the Parking Spaces or reasonable alternative parking spaces for more than three (3) consecutive business days, Parking Rent shall thereafter xxxxx on the applicable Parking Spaces. At any time during which Landlord is providing alternative parking, Tenant may increase terminate such alternative parking upon ten (10) business days prior written notice to Landlord if Tenant is able to contract directly with the then owner of the Adjacent Garage for such parking spaces. If Landlord thereafter is able to satisfy the parking requirements within the Adjacent Garage, Landlord shall notify Tenant in writing and if Tenant has contracted directly with the owner of the Adjacent Garage, Tenant will have thirty (30) days in which to once again lease the applicable Parking Spaces through Landlord. Subject to the casualty and condemnation provisions set forth in Sections 10 and 15 below, in the event that Landlord fails to provide more than twenty-five percent (25%) of the Parking Charge, all tenant parking Spaces to Tenant in the Building Garage will be on a non-reservedor Adjacent Garage for more than one hundred eighty (180) days, first-come, first-serve basis. Landlord Tenant may thereafter elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(sterminate this Lease upon ten (10) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s business days’ prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge termination shall be paid monthly in advance as hereinabove provided. A pro rata portion effective unless Landlord is able to satisfy such parking requirement before the expiration of such Parking Charge shall be payable for the ten (i10) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first business day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseperiod.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Samples: Office Building Lease Agreement (Sunnova Energy International Inc.), Office Building Lease Agreement (Sunnova Energy International Inc.)