Common use of Parking Clause in Contracts

Parking. (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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 4 contracts

Samples: Consent to Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.)

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Parking. (a) Landlord hereby grants Throughout the Lease Term, Tenant shall have the exclusive right to Tenant the rightuse, in common with others authorized by Landlordfree of charges, to use the parking facilities owned by Landlord and to use no more than the number of parking spaces made available to 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 Article 1(R) unless another tenant has a higher ratio of parking spaces to rentable square feet, in the attached Exhibit D and all reasonable modifications and additions thereto 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 have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) are prescribed from time to timetime for the orderly operation and use of the Parking Areas by Landlord, and/or Landlord’s Parking Operator (as defined below); provided, however, provided that such designation shall be uniformly applied and shall modifications or alterations do not unfairly favor any tenant in the Building. effect Tenant’s right to use the parking spaces is appurtenant of or access to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Parking Areas. 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have specifically reserve the right to change the parking rate at any timesize, hut never to exceed fair market rental for similar spaces similarly situated in Cambridgeconfiguration, MAdesign, to include therein any amounts leviedlayout, 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided by LandlordParking Areas, 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 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 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, from time to time, temporarily close-off or restrict access to the Parking Areas, so long as Tenant retains access to the number of parking facility for purposes spaces set forth in Section 12 of permitting or facilitating necessary construction, alteration or improvementthe Summary. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of (the parking facility “Parking Operator”) in which case such parking operator or lessee the Parking Operator shall have all the rights of control attributed hereby to Landlord. Any parking tax or other charges imposed by governmental authorities in connection with the use of such parking shall be paid directly by Tenant or the parking users, or, if directly imposed against Landlord. , Tenant shall reimburse Landlord for all such taxes and/or charges within thirty (d30) days after Landlord’s demand therefor. The parking facilities rights provided for herein to Tenant pursuant to this Article 23 are provided solely for the accommodation of use by Tenant’s own personnel visitors and invitees and such rights may not be transferred, and Landlord assumes no responsibility assigned, subleased or liability 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 otherwise alienated by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentapproval, except in connection with an assignment of this Lease or sublease of the Premises made in accordance with Article 14 above.

Appears in 4 contracts

Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)

Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (a7) 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 hereby grants 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 Tenant any limited reserved parking that Landlord may establish and for which Landlord may increase the rightParking Charge, all tenant parking in common with others authorized 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 parking facilities owned by Building Garage without the Landlord’s prior written consent. Landlord and to use no more than reserves the number of parking spaces made available to Tenant as set forth right upon written notice posted 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 leasedGarage, 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking rate at any timesystem for the Building Garage to provide special requirements for weekend, hut never holiday or after hours usage and to exceed fair market rental temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate. B. In consideration for similar spaces similarly situated 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 Cambridgeadvance 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, MA, 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 include therein any amounts levied, assessed, imposed or required 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 paid 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 any governmental authority on account of automobiles or other property while located in 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 amendedBuilding Garage, 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 full amount arising out of any special parking taxes imposed by any governmental authority personal injuries sustained in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall notify Landlord said Building Garage. Notwithstanding anything in this Section of the license plate numberLease to the contrary, year, make and model of the automobiles entitled to use 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, so long as Tenant is not in its sole discretion, 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 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 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 Default under this Lease, from 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 timecure such Default within any applicable cure period under the Lease, close-off or restrict access all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the parking facility for purposes Abated Parking Charges shall be null and void and of permitting no further force or facilitating necessary construction, alteration or improvementeffect. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee The payment by Tenant of the parking facility Abated Parking Charges in which case such parking operator the event of a Default shall not limit or lessee 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 have be abated, and all the rights of control attributed hereby Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the Landlordprovisions of this Lease. (d) C. The parking facilities provided for herein are provided solely for failure to timely pay the accommodation of Tenant, and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect to the automobile parking areas, including adjoining streets, sidewalks, driveways, property and passagewaysParking Charge specified above, or to comply with the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate rules and regulations governing the use of the parking facilities 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 Landlord’s prior written consentliability 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 hereby grants Subject to Tenant the rightRules and Regulations, Tenant’s Invitees are authorized to park not more than the Specified Number of passenger automobiles, at any time, in the unreserved Parking Areas in common with others authorized by Landlord, to use the parking facilities owned by Landlord and to use no more than the number other tenants 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate Property from time to time, Landlord on a first come, first served basis. Tenant acknowledges that not all of the Specified Number of spaces are located on Landlord’s Property and agrees that, in order to use the full amount of the Specified Number, Tenant will be required to utilize spaces in the Parking Garage. In the event of a change in the Leasable Square Footage of the Premises, the Specified Number shall have be adjusted pursuant to the right formula used to change calculate the parking rate Specified Number as of the date of the Lease. Tenant shall not (a) permit any Invitees of Tenant (other than visitors and guests) to park in spaces designated as “visitor” spaces, (b) permit any Invitees of Tenant to park in spaces designated as “reserved” spaces (unless reserved for Tenant), (c) permit the total number of passenger automobiles parked in the Parking Areas by Invitees of Tenant, 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided by LandlordSpecified Number, and only such (d) except for delivery trucks using designated automobiles shall be permitted loading and unloading facilities, permit any Invitee of Tenant to use park any vehicle in the parking facilitiesParking Areas other than passenger automobiles. 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 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 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, from time to time, closedesignate one or more spaces as reserved for the exclusive use of one or more of the tenants and/or for Landlord’s Invitees, provided the same shall not materially and adversely affect Tenant’s parking rights hereunder. Subject to the Rules and Regulations, Tenant shall have non-off or restrict exclusive access to two (2) loading docks located in Xxxxxxxx X, Xxxxx 0, and 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 loading dock of the parking facility in which case such parking operator or lessee shall have all the rights of control attributed hereby to the Landlordmain building (A00). (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 4 contracts

Samples: Lease Agreement (Morphic Holding, Inc.), Lease Agreement (Morphic Holding, Inc.), Lease Agreement (Morphic Holding, Inc.)

Parking. Tenant may park in the Building’s parking facilities (a) Landlord hereby grants to Tenant the right“Parking Facility”), in common with others authorized by Landlordother tenants of the Building, to upon the following terms and conditions. Tenant shall not use the parking facilities owned by Landlord and to use no more than the number of unreserved and/or reserved parking spaces made available to Tenant as set forth in Article 1(R) unless another tenant has a higher ratio of Section 1.9. Tenant shall pay Landlord, in accordance with Section 3, any fees for the parking spaces to rentable square feet, described 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 inviteesSection 1.9. However, until the Building is fully leased, Tenant shall have pay Landlord any fees, taxes or other charges imposed by any governmental or quasi- governmental agency in connection with the right Parking Facility, to rent additional spaces on a pro rata basis with other Tenants. the extent such amounts are allocated to Tenant by 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 have the rightnot be liable to Tenant, at Landlord’s sole electionnor shall this Lease be affected, to change said types, sizes, configuration, 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 locations (but never the number of Tenant’s spaces) regulations established by Landlord from time to time; providedtime for the orderly operation and use of the Parking Facility, howeverincluding any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, such designation shall be uniformly applied in its discretion, allocate and shall not unfairly favor any tenant assign parking passes among Tenant and the other tenants in the Building. Tenant’s right 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 use or theft of any vehicles or other property occurring in the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet Parking Facility or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility Parking Facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 any of such events, Landlord shall be entitled to, without any liability to Tenant, its employees, customers employees or invitees. Landlord may alter the size, configuration, design, layout or any vehicles not complying with Landlord’s procedures or parking other aspect of the Parking Facility, and, in excess of such allotted number of spaces. Tenant acknowledges and agrees that Landlord mayconnection therewith, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off temporarily deny or restrict access to the parking facility for purposes Parking Facility, in each case without abatement of permitting Rent or facilitating necessary construction, alteration or improvementliability to Tenant. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the parking facility operator, in which case (i) such parking operator or lessee shall have all the rights of control attributed hereby 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. (d) The ’s negligence or willful misconduct. Tenant’s parking facilities provided for herein rights under this Section 24 are provided solely for the accommodation benefit of Tenant, ’s employees and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect to the automobile parking areas, including adjoining streets, sidewalks, driveways, property invitees and passageways, or the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant such rights may not assign, transfer, sublease or otherwise alienate the use of the parking facilities be transferred without Landlord’s prior written consent, except pursuant to a Transfer permitted under Section 14.

Appears in 4 contracts

Samples: Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.)

Parking. (a) Landlord hereby grants to From and after the Commencement Date for each Building, Tenant shall have the right, in common with others authorized by Landlordat no cost to Tenant during the Term (including Extension Term, if applicable) to non-exclusive use the parking facilities owned by Landlord and to use no more than of the number of parking spaces made available indicated as such Building’s “Minimum Parking” in the Basic Lease Information (subject to Tenant Paragraph 45 below), which includes, in part, a specified number of non-exclusive stalls for each Building in the parking garage located in Building #1 of the Project as set forth shown on Exhibit “A” (the “Parking Garage”), all in Article 1(R) unless another tenant has locations reasonably designated by Landlord. Landlord shall not be obligated to enforce Tenant’s Minimum Parking or to reserve spaces either in the Parking Garage or on the surface auto court. Landlord may, at its option, install a higher ratio security gate and/or other access devices for the Parking Garage (although Landlord shall not be obligated to do so and may discontinue it at any time during the Term), and Landlord 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 rentable square feetTenant solely for use by Tenant, and may not be transferred, assigned (except in which event Tenantconnection with an assignment of this Lease), or subleased (except in connection with a sublease of this Lease and then in proportion to the space sublet) without Landlord’s number of spaces shall be increased accordingly, at Tenant’s option, notwithstanding the number of Tenant’s employees, customers or inviteesprior written approval. However, until the Building is fully leased, Tenant shall have not be obligated to pay for the right to rent additional spaces on a pro rata basis with other Tenants. Minimum Parking, provided that Landlord, at its sole election, may designate charge for the types, sizes, configuration, and locations use of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except Parking Garage in connection with an assignment of this Lease or sublease of all or a portion excess of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 pollutionMinimum Parking. Tenant shall be responsible for the full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided by Landlordcomply, and only such designated automobiles shall be permitted use best efforts 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 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 cause Tenant’s employees, customers or visitors and invitees do not comply to comply, with any such procedure, then in any of such events, all rules and regulations prescribed by 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, from time to time, close-off or restrict access time for the Parking Garage and surface parking. Tenant’s use of and rights to the parking facility Minimum Parking shall be subject to the Encumbrances and the rules and regulations of Landlord 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 facilities which may be established or lessee shall have all altered by Landlord at any time or from time to time during the rights of control attributed hereby to the LandlordTerm. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 3 contracts

Samples: Sublease (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.)

Parking. A. Landlord hereby agrees to make available to Tenant and Tenant shall lease from Landlord during the full Term of this Lease Agreement parking permits (ahereinafter 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 hereby grants will issue to Tenant parking tags, stickers or access cards for the rightParking 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 common with others authorized addition to all other rights and remedies available to Tenant, Tenant’s obligation to pay rental for any of Tenant’s Building Basement Spaces covered by Landlord, to use the parking facilities owned Parking Permits which is not provided by Landlord shall be abated for so long as Tenant does not have the use thereof space and Landlord shall use its diligent good faith efforts to use no more than provide alternative parking arrangements for the number of vehicles equal to the number of parking spaces made covered by the Parking Permits not provided by Landlord. This abatement and offer of alternative parking arrangements shall be in full settlement of all claims that Tenant might otherwise have against Landlord by reason of Landlord’s failure or inability to provide Tenant with such parking spaces. B. Landlord hereby agrees to make 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 during 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment full Term of this Lease or sublease of all or a portion Agreement one hundred eighty-seven (187) parking spaces (the “Garage Parking Spaces”) in the garage owned by Landlord located south of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. Building (bthe “Garage”), sixty (60) Commencing on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 which shall be responsible for the full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 “take and pay” basis at prevailing parking rates, if any(the “Employee Contract Spaces” and the remaining one hundred twenty-seven (127) spaces being hereinafter referred to as the “Allocated Spaces”). 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.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) Landlord hereby grants Tenant shall be entitled to Tenant use, commencing on the rightCommencement Date, in common with others authorized by Landlord, to use the parking facilities owned by Landlord and to use no more than the number of unreserved parking spaces made available to Tenant as passes set forth in Article 1(R) unless another tenant has a higher ratio 1.I. of the Basic Lease Provisions, which parking spaces passes shall pertain to rentable square feet, in which event Tenant’s number of spaces the Project parking facility. Tenant shall not be increased accordingly, at Tenant’s option, notwithstanding the number of Tenant’s employees, customers or inviteesrequired to pay to Landlord any fee for such parking passes. 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking 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. (c) If requested by Landlord, Tenant shall notify Landlord of the license plate number, year, make and model of the automobiles entitled . Tenant's continued right to use the parking facilities passes is conditioned upon Tenant abiding by all rules and if requested 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 automobiles shall be identified by automobile window stickers provided by Landlordrules and regulations, and only such designated automobiles shall be permitted Tenant not being in default under this Lease. Landlord specifically reserves the right to use change the size, configuration, design, layout and all other aspects of the Project parking facilities. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional parking spaces for use by customers facility at any time and invitees of Tenant 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 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 rent under this Lease, from time to time, close-off or restrict access to the Project parking facility for purposes of permitting or facilitating necessary any such construction, alteration or improvementimprovements. Landlord may, from time to time, relocate any reserved parking spaces (if any) rented by Tenant to another location in the Project parking facility. 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 passes rented by Tenant pursuant to this Article 23 are provided to Tenant solely for the accommodation of use by Tenant's own personnel and such passes may not be transferred, and Landlord assumes no responsibility assigned, subleased or liability 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 otherwise alienated by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s 's prior written consentapproval.

Appears in 3 contracts

Samples: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)

Parking. (a) Landlord hereby grants shall provide Tenant, at no additional cost to Tenant (other than as an Operating Expense of the rightProject as provided for below), 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 (the “Parking 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 time, in the Project Common Area. The parties acknowledge that the parking spaces shall not be designated for Tenant’s use but shall instead be available to Tenant as set forth in Article 1(R) unless another tenant has a higher ratio of and Tenant’s customers on an unreserved, non-designated nonexclusive first come-first serve basis. The parking spaces to rentable square feetmay include a mixture of surface and structured parking for compact and full-size passenger automobiles, as determined by Landlord, 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 usediscretion. Landlord shall have no liability for the rightuse 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 limit or control parking at the Building, Project Buildings, or the Project, whether by validation of parking tickets or any other method of assessment, Tenant agrees to participate, at Landlord’s sole electionno cost to Tenant, to change said types, sizes, configuration, in such validation or assessment program under such reasonable rules and locations (but never the number of Tenant’s spaces) regulations as are from time to time; providedtime established by Landlord. Except as otherwise expressly provided herein, however, such designation all costs and expenses associated with parking areas serving the Project shall be uniformly applied and included in Operating Expenses. Tenant shall not unfairly favor not, at any tenant time, park or permit to be parked any recreational vehicles, inoperative vehicles or equipment in the Building. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet Project Common Area or otherwise transfer on any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Project. Tenant agrees to notify its employees and invitees of the parking provisions contained herein. If Tenant or its employees or invitees park any vehicle within the Project in violation of these provisions, then Landlord or as permitted by may, upon prior written notice to Tenant, give Tenant one (1) day to remove such vehicle(s), in addition to any other remedies Landlord may have under this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement DateLease, Tenant shall pay Landlord the Parking Fee, if any, shown in Article Icharge Tenant, as Additional Rent, payable monthly in advance 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 that such grants do not materially interfere with Tenant’s use of the Monthly Rentparking areas. In addition With respect to the right reserved hereunder by Landlord to designate parking spaces serving the Project, as of the date hereof, the parking rate ratio for the Project is approximately 3.19 spaces per 1,000 square feet of rentable area of the Project. Subject to 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 shall have agrees that during the right to change Term, the parking rate at any time, hut never to exceed fair market rental ratio for similar the Project shall not be less than 3.00 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 per 1,000 square feet of rentable area 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by TenantProject. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

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 hereby grants agrees 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 have the rightconstruct, at Landlord’s sole electioncost and expense, a surface parking lot on a lot located on Hull Street and owned by Landlord (the ‘Parking Lot”) for the exclusive use of Tenant and its employees for the parking of motor vehicles. The Parking Lot will allow for up to change said types, sizes, configuration, 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 locations (but never a sign at the number entrance of the 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’s spaces) from time to time; provided, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing Beginning on the Rent Commencement Substantial Completion Date (as defined below) and ending on the Termination Date, Tenant shall lease the entire Parking Lot from Landlord and shall pay Landlord rent for the Parking Fee, if any, shown Lot in Article I, as the amount of $50.00 per parking space per month. The “Substantial Completion Date” shall occur on that date that Landlord completes the striping of the Parking Lot. All monthly payments for the Parking Lot shall be deemed Additional Rent. Landlord shall be responsible for all costs of operating the Parking Lot, payable monthly including maintenance costs, electricity/lighting costs, real estate taxes, insurance costs, and snow removal costs. Tenant shall indemnify, defend (at Tenant’s cost) and save harmless the Landlord, its members and employees, from and against any and all actions, claims or demands, suits at law, in advance equity, or 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 intentional wrongful act or negligence of the Landlord, its members and employees) in connection with the Monthly Rentuse of the Parking Lot or in connection with any breach or default in performing any of the obligations under the provisions of this Third Amendment. In addition to Landlord and Tenant acknowledge that the right reserved hereunder by Landlord to designate Parking Lot is a temporary part of the parking rate from facilities at the Project. Upon such time to timethat Landlord makes available another parking area for the tenants at the Project (the “Substitute Parking Area”), Landlord shall have the right to change terminate Tenant’s parking rights in the Parking Lot and relocate Tenant’s parking 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 parkingSubstitute Parking Area, use, or transportation provided Landlord delivers written notice to Tenant at least six (6) months prior to relocation of motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollution. Tenant shall be responsible for the full amount of any special such parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 parking rates, if anyspaces. At Landlord’s sole election, Landlord may make validation stickers available to Tenant for any the time of such additional parking spaces, provided, however, if Landlord makes validation stickers available to any other tenant in the Buildingnotice, Landlord shall make such validation stickers available to Tenant. In the event Tenant exceeds determine the number of allotted parking spaces set forth in Article I(S) or if Landlord has instituted a window sticker or other parking procedure use by Tenant at the Parking Lot 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, any vehicles not complying with Landlord’s procedures or parking in excess of such allotted provide for the same 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, from time to time, close-off or restrict access to parking spaces in 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 have all the rights of control attributed hereby to the LandlordSubstitute Parking Area at market rates. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 3 contracts

Samples: Lease (Under Armour, Inc.), Lease (Under Armour, Inc.), Lease Agreement (Under Armour, Inc.)

Parking. (a) Landlord hereby grants to Tenant Throughout 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 leasedLease Term, Tenant shall have the right to rent additional spaces use, on a pro rata basis “first-come, first-serve” basis, in common with other Tenants. Landlord, at its sole election, may designate tenants of the types, sizes, configuration, Building and locations free of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall have the rightcharges, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) unreserved parking spaces set forth in Section 12 of the Summary, which unreserved parking spaces are located in the subterranean Parking Facility and the surface parking lot serving the Building as shall be designated by Landlord from time to timetime for unreserved parking for the tenants of the Building; provided, however, such designation that Tenant, at Tenant’s sole cost and expense, shall have the right to designate (i) up to six (6) of Tenant’s unreserved parking spaces as reserved parking spaces, the location of which reserved parking spaces shall be uniformly applied and shall not unfairly favor any tenant in the Buildingsurface parking lot in an area next to the backside of the common area lobby near the entry to the Premises, with the exact location to be mutually agreed upon by Landlord and Tenant, and (ii) up to twenty-nine (29) of Tenant’s unreserved parking spaces as reserved parking spaces, the location of which reserved parking spaces shall be in the subterranean Parking Facility (within the exact location to be determined by Landlord after consultation with Tenant). Tenant’s continued right to use the parking spaces is appurtenant to conditioned upon (i) Tenant abiding by (A) the Premises Parking Rules and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except Regulations which are in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing effect on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article Idate hereof, as Additional Rent, payable monthly set forth in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate attached Exhibit D and all modifications and additions thereto which are prescribed from time to timetime for the orderly operation and use of the Parking Facility by Landlord, and/or Landlord’s Parking Operator (as defined below), and (B) all recorded covenants, conditions and restrictions affecting the Building, and (ii) upon Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with the 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 shall have (and/or any other owners of Xxxxxx Xxxxx Science Center) specifically reserve the right to change the parking rate at any timesize, hut never to exceed fair market rental for similar spaces similarly situated in Cambridgeconfiguration, MAdesign, to include therein any amounts leviedlayout, assessed, imposed or required to be paid to any governmental authority on account location and all other aspects of the parking of motor vehiclesParking Facility (including without limitation, including all sums required to be implementing 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 visitor 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, from time to time, close-off or restrict access to the parking facility for purposes of permitting or facilitating necessary construction, alteration or improvementParking Facility. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of (the parking facility “Parking Operator”) in which case such parking operator or lessee the Parking Operator shall have all the rights of control attributed hereby to Landlord. Any parking tax or other charges imposed by governmental authorities in connection with the use of such parking shall be paid directly by Tenant or the parking users, or, if directly imposed against Landlord. , Tenant shall reimburse Landlord for all such taxes and/or charges within ten (d10) days after Landlord’s demand therefor. The parking facilities rights provided for herein to Tenant pursuant to this Article 23 are provided solely for the accommodation of use by Tenant’s own personnel and such rights may not be transferred, and Landlord assumes no responsibility assigned, subleased or liability 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 otherwise alienated by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentapproval, except in connection with an assignment of this Lease or sublease of the Premises made in accordance with Article 14 above. All visitor parking by Tenant’s visitors shall be subject to availability, as reasonably determined by Landlord (and/or the Parking Operator, as the case may be), parking in such visitor parking areas as may be designated by Landlord (and/or the Parking Operator from time to time, and payment by such visitors of the prevailing visitor parking rate (if any) charged by Landlord (and/or the Parking Operator) from time to time.

Appears in 3 contracts

Samples: Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.)

Parking. (a) Landlord hereby grants to Tenant the right, in common with others authorized by Landlord, to use the parking facilities owned by Landlord is allocated 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 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, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. Tenant’s non-exclusive right to use the non-exclusive parking spaces is appurtenant to located within the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate Project from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with its use and the use of the parking facility by Tenant. (c) If requested by Landlord’s Agents, Tenant shall notify Landlord in common with other tenants of the license plate numberProject, yearup to, make and model but not exceeding, the lesser of the automobiles entitled to use 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 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 (i) the number of allotted allocated parking spaces set forth in Article I(SSection H of the Summary, or (ii) or if Landlord has instituted a window sticker or other parking procedure and the Tenant’s employeesShare 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), customers the location of which parking spaces may be designated from time to time by Landlord. Tenant shall not at any time use more parking spaces than the number so allocated to Tenant or invitees do not comply with any such procedure, then park its vehicles or the vehicles of others in any portion of the Project not designated by Landlord as a non-exclusive parking area. Tenant shall not have the exclusive right to use any specific parking space. If Landlord grants to any other tenant the exclusive right to use any particular parking space(s), Tenant shall not use such eventsspaces. Tenant shall not park or store vehicles at the Project for more that (24) hours without the Landlord’s written consent in Landlord’s sole and absolute discretion. Such unauthorized vehicles may be towed at Tenant’s expense. Landlord reserves the right, Landlord shall be entitled toafter having given Tenant reasonable notice, without any liability to Tenant, its employees, customers or invitees, have any vehicles not complying with Landlordowned by Tenant or Tenant’s procedures or Agents utilizing parking spaces in excess of the parking spaces allowed for Tenant’s use to be towed away at Tenant’s cost. All trucks and delivery vehicles shall be (i) parked in such allotted number of spaces. Tenant acknowledges and agrees that areas as Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, may designate from time to time, close-off or restrict access to (ii) loaded and unloaded in a manner which does not interfere with the parking facility for purposes businesses of permitting or facilitating necessary construction, alteration or improvement. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee other occupants of the Project, and (iii) permitted to remain on the Project only so long as is reasonably necessary to complete loading and unloading. In the event Landlord elects or is required by any Law to limit or control parking facility in which case the Project, whether by validation of parking tickets or any other method of assessment, Tenant agrees to participate in such parking operator validation or lessee shall have all the rights of control attributed hereby assessment program under such rules and regulations as are from time to the time established by Landlord. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 3 contracts

Samples: NNN Office Lease (Aridis Pharmaceuticals, Inc.), Office Lease (Monolithic Power Systems Inc), Gross Lease (Alphasmart Inc)

Parking. Tenant may park in the Building’s parking facilities (a) Landlord hereby grants to Tenant the right“Parking Facility”), in common with others authorized by Landlordother tenants of the Building, to upon the following terms and conditions. Tenant shall not use the parking facilities owned by Landlord and to use no more than the number of unreserved and/or reserved 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 inviteesSection 1.9. However, until the Building is fully leased, Tenant shall have the right to rent additional spaces on a pro rata basis comply with other Tenants. Landlord, at its sole election, may designate the types, sizes, configuration, all rules and locations of parking spaces within the parking facilities which Tenant shall be allowed to use. regulations established by Landlord shall 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; providedtime for the orderly operation and use of the Parking Facility, howeverincluding any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, such designation shall be uniformly applied in its discretion, allocate and shall not unfairly favor any tenant assign parking passes among Tenant and the other tenants in the Building. Tenant’s right use of the Parking Facility shall be at Tenant’s sole risk, and Landlord shall have no liability for damage to use or theft of any vehicles or other property occurring in the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet Parking Facility or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility Parking Facility by Tenant. (c) If requested by LandlordTenant or its employees or invitees. Landlord may alter the size, Tenant shall notify Landlord configuration, design, layout or any other aspect of the license plate numberParking Facility, year, make and model of the automobiles entitled to use 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 mayand, in its sole discretionconnection therewith, 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 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 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, from time to time, close-off temporarily deny or restrict access to the parking facility for purposes Parking Facility, in each case without abatement of permitting Rent or facilitating necessary construction, alteration or improvementliability to Tenant. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the parking facility operator, in which case (i) such parking operator or lessee shall have all the rights of control attributed hereby reserved herein by Landlord, (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 extent caused by Landlord. (d) The ’s negligence or willful misconduct. Tenant’s parking facilities provided for herein rights under this Section 24 are provided solely for the accommodation benefit of Tenant, ’s employees and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect to the automobile parking areas, including adjoining streets, sidewalks, driveways, property invitees and passageways, or the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant such rights may not assign, transfer, sublease or otherwise alienate the use of the parking facilities be transferred without Landlord’s prior written consent, except pursuant to a Transfer permitted under Section 14.

Appears in 3 contracts

Samples: Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.)

Parking. a. As a minimum, Landlord will provide Tenant with one hundred eighty (a180) parking spaces in the Parking Area, at no charge (the “Minimum Parking Spaces”). One-half (1/2) 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 Minimum Parking Spaces, Landlord shall provide Tenant, and Tenant hereby grants takes from Landlord, three hundred forty (340) additional parking spaces to accommodate Tenant’s extraordinary parking requirements for the Premises (the “Additional Parking Spaces”). Two hundred ten (210) of the Additional Parking Spaces shall be made available upon the Commencement Date 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 required two hundred ten (210) of the Additional Parking Spaces. In addition, to the extent permitted by applicable Legal Requirements and the physical constraints of the Land, Landlord will use best efforts (not to include the bringing of lawsuits) to provide up to an additional one hundred thirty (130) parking spaces (the “Supplemental Parking Spaces”), which Supplemental Parking Spaces shall be deemed to be 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 parking rental therefor as described below. However, if Landlord fails to provide the Supplemental Parking Spaces, on or before the Commencement Date for Phase 2 for any reason whatsoever (or, once provided, all or any portion of the Supplemental Parking Spaces are no longer usable by Tenant as a result of the rightacts or omissions of Landlord), in common then 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 receive a monthly credit against the Base Rent to become due hereunder, such credit to be equal to (i) Twenty and No/100 ($20.00) Dollars per space (not to exceed eighty (80) spaces) per month for each space between one (1) and eighty (80) of the Supplemental Parking Spaces that Landlord fails to provide, 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 Commencement Date for Phase 2. In addition, if Tenant becomes entitled to such Base Rent credit and, prior to the 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 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 deemed to be void and of no further force or effect with others authorized respect to the number of Supplemental Parking Spaces provided by Landlord, to use and such credit shall be prorated for any partial month in which the parking facilities owned by Landlord and to use no more than the number of parking spaces 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 set forth Additional Rent at the same time and in Article 1(Rthe same manner as the monthly installments of Base Rent. The parking rental for the Additional Parking Spaces shall be adjusted at the beginning of the fourth (4th) unless another tenant has a higher ratio of parking spaces to rentable square feetLease Year and each Lease Year thereafter based on increases in the CPI, in which event Tenant’s number of spaces shall be increased accordinglythe same manner as CPI increases for the Base Rent as described in Section 3 above. d. Subject to compliance with alt applicable Legal Requirements, at Tenant’s optionand the terms hereof, notwithstanding Tenant may post signs or other markings in connection with the number 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 hereunder shall be used by Tenant’s officers, employees, customers or visitors, agents, contractors, assignees, subtenants and invitees. HoweverAll parking provided for under this Lease shall be available twenty-four (24) hours per day, until seven (7) days per week, subject to Force Majeure. f. As part of the Building is fully leasedimprovements to the 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. h. If Landlord does not provide the Minimum Parking Spaces and the Additional Parking Spaces to 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 rent additional spaces on a pro rata basis with other Tenants. Landlordterminate this Lease by written notice to Landlord delivered within ten (10) days after the Commencement Date for Phase 2, at its sole election, may designate the types, sizes, configuration, and locations of parking spaces within the parking facilities which whereupon Tenant shall be allowed vacate and surrender Phase 1 to use. Landlord shall have in the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations manner required by this Lease within one (but never 1) year after the number date of Tenant’s spacestermination 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) from time to timeDollars), and both parties shall be relieved of all further obligations hereunder; provided, however, such designation shall be uniformly applied that if Landlord provides the Minimum Parking Spaces and shall not unfairly favor any tenant in the Building. Additional Parking Spaces within fifteen (15) days after receipt of Tenant’s right to use termination notice, then the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 termination notice will be deemed to be paid to any governmental authority on account of void and rescinded, and 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 pollutionLease shall continue in full force and effect. Tenant shall be responsible for the full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Within ninety (90) days after Tenant. (c) If requested by Landlord’s termination notice, Tenant shall notify Landlord of the license plate numberexact date that Tenant will vacate and surrender Phase 1, year, make and model of the automobiles entitled to use the parking facilities and if requested by Landlord, such automobiles which date shall be identified by automobile window stickers provided by Landlord(a) no earlier than ninety (90) days after the date of Tenant’s notification of such exact date, and only such designated automobiles (b) no later than one (1) year after the date of Tenant’s termination notice. Rent for Phase 1 shall be permitted prorated through the date that Tenant so vacates and surrenders Phase 1 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 3 contracts

Samples: Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.)

Parking. 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 (a) the “Parking Commencement Date”), Landlord hereby grants to Tenant Tenant, subject to the rightterms hereof, in common with others authorized by Landlord, a license to use the parking facilities owned by Landlord and to use no more than the number of parking spaces made available in the Building’s parking garage (the “Parking Garage”) in an amount not to exceed 1.45 parking spaces per 1,000 rentable square feet of the third (3rd) floor and fifth (5th) floor portions of the Premises, as evidenced by parking passes, which parking spaces shall be used by Tenant’s employees on an unreserved, first-come, first-serve basis. Accordingly, as of the Parking Commencement Date, and for the remainder of the Term, Tenant as set forth in Article 1(Rshall license ninety-five (95) unless another tenant has parking passes (the “Parking Passes”). Landlord shall not withhold its consent to a higher ratio proposed sublease of additional parking spaces to rentable square feet, Tenant by any other tenant 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 so long as no Event of Default is fully leasedthen 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 the no 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet assign or otherwise transfer any right to use any parking spaces except the Parking Passes other than in connection with an assignment of this Lease or to a subtenant under an approved sublease of all or pursuant to a portion of the Premises approved by Landlord or Permitted Transfer (as permitted by this Lease without requiring Landlord’s approval. (b) defined below). Commencing on the Rent Parking Commencement Date, Tenant shall pay Landlord (or at Landlord’s election, directly to the parking operator) for all of the Parking FeePasses, if anywhether or not used, shown at the market rate charged by Landlord, which shall be consistent with the rates charged in Article Ithe Alewife area (including Cambridge Discovery Park and 000 XxxxxxxxxXxxx Xxxxx) (currently $145.00 per month per pass), as Additional Rentsuch rate may vary from time to time and as determined by Landlord in good faith. If, payable monthly for any reason, Tenant shall fail timely to pay the charge for any of said Parking Passes, and if such default continues for ten (10) days after written notice thereof on more than one (1) occasion in advance 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 Monthly Rentratio set forth above and agrees to cooperate with Landlord and other tenants in the use of parking facilities. In addition Landlord may designate parking facilities at the Property for the handicapped, visitors to the right reserved hereunder Property and for exclusive use by other tenants. Landlord may install signage or implement a pass or sticker system to designate control parking use, and may employ valet parking at no cost to Tenant (including by use of off-site premises), to meet the requirements of this Section. To the extent applicable to Tenant’s use of the parking rate spaces, the provisions of this Lease shall apply, and Landlord may promulgate reasonable rules and regulations of general applicability from time to time with respect to such use. Except due to the negligence or willful misconduct of Landlord or any of Landlord’s employees, agents or contractors, but subject to Section 9.7, Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft or otherwise to any automobile(s) parked in the 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. In connection with the repair and/or maintenance of the Parking Garage, Landlord shall have the right to change the parking rate at temporarily relocate all or 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 portion 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 available parking spaces for use by customers and invitees of Tenant on a daily basis at prevailing therein to other parking rates, if any. At Landlord’s sole election, Landlord may make validation stickers available to Tenant for any such additional parking spaceslots or garages that are not more than one-quarter (1/4) mile from the Building, provided, however, if Landlord makes validation stickers available to however that Tenant shall not pay any other tenant in the Building, Landlord shall make additional charges costs for such validation stickers available to Tenant. In the event Tenant exceeds the number of allotted relocated 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 3 contracts

Samples: Lease Agreement (Codiak BioSciences, Inc.), Lease Agreement (Codiak BioSciences, Inc.), Lease Agreement (Codiak BioSciences, Inc.)

Parking. (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 use with other Tenants. Landlord, at its sole election, may designate tenants or occupants of the types, sizes, configuration, and locations of Complex the parking spaces within in the common parking facilities 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 be allowed not use parking spaces in excess of said 75 spaces allocated to useTenant hereunder. Landlord shall have the right, at Landlord’s sole electiondiscretion, to change said types, sizes, configuration, and locations (but never specifically designate the number location of Tenant’s parking spaces within the common parking areas of the Complex in the event of a 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 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; provided. Landlord reserves the right, howeverat Landlord’s sole discretion, such to rescind any specific designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. of parking spaces, thereby returning Tenant’s right to use the parking spaces is appurtenant to the Premises and common parking area. Landlord shall give Tenant may not assign, sublet or otherwise transfer written notice of any right to use any change in Tenant’s parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Date, spaces. Tenant shall pay Landlord the Parking Feenot, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking rate at any time, hut never to exceed fair market rental for similar spaces similarly situated in Cambridgepark, MA, to include therein any amounts levied, assessed, imposed or required permit to be paid to parked, 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, trucks or otherwise required to be paid by any governmental authority with respect vehicles adjacent 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 full amount of loading areas so as to interfere in any special parking taxes imposed by any governmental authority in connection way with the use of such areas, nor shall Tenant at any time park, or permit the parking facility 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 Dollars (c$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 vehicle belonging to Tenant or Tenant’s employees parked in violation of these provisions. If requested by 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 Complex. Tenant shall 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 identified by automobile window stickers provided by Landlordareas for vehicle parking only, and only such designated automobiles shall be permitted to not use the parking facilities. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional parking spaces areas for use by customers and invitees of Tenant 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 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, 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 have all the rights of control attributed hereby to the Landlordstorage. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 3 contracts

Samples: Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.)

Parking. (a) Landlord hereby grants Tenant is allocated, and Tenant and its employees and invitees shall have the non-exclusive right to Tenant the rightuse, in common with others authorized by Landlord, to use the parking facilities owned by Landlord and to use no not 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 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 to rentable square feet, in which event Tenant’s number of spaces shall be increased accordingly, at Tenant’s option, notwithstanding than the number of so allocated to Tenant’s employees, customers or invitees. However, until the Building is fully leased, Tenant shall not 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any exclusive right to use any specific parking space, and Landlord reserves the right to designate from time to time the location of the parking spaces except allocated for Tenant’s use. In the 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 agrees to participate in connection such validation or other program as reasonably established by Landlord. Tenant shall not, at any time, park or permit to be parked any trucks or vehicles adjacent to entryways or loading areas within the Project so as to interfere in any way with an assignment the use of this Lease such areas, nor shall Tenant, at any time, park or sublease permit the parking of all Tenant’s trucks or a other vehicles, or the trucks and vehicles of Tenant’s suppliers or others, in any portion of the Premises approved Common Areas not designated by Landlord or as permitted for such use by this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Date, Tenant. Tenant shall pay not, at any time, park or permit to be parked any recreational vehicles, inoperative vehicles or equipment on any portion of the common parking area or other Common Areas of the Project. Tenant agrees to assume responsibility for compliance by its employees and invitees with the parking provisions contained herein. If Tenant or its employees park any vehicle within the Project in violation of these provisions, then Landlord the Parking Fee, if any, shown in Article Imay charge Tenant, as Additional Rent, payable monthly and Tenant agrees to pay, as Additional Rent, Fifty Dollars per day for each day or partial day that each such vehicle is illegally parked, or parked in advance with the Monthly Rentany area other than that designated. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to timeTenant hereby authorizes Landlord, Landlord shall have the right to change the parking rate at any time, hut never to exceed fair market rental for similar spaces similarly situated in Cambridge, MATenant’s sole expense, to include therein tow away from the Project and store until redeemed by its owner 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 parking rates, if any. At Landlord’s sole election, Landlord may make validation stickers available belonging 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 employees parked in any violation 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, 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 have all the rights of control attributed hereby to the Landlordthese provisions. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Industrial Space Lease (Silicon Graphics International Corp), Industrial Space Lease (Rackable Systems, Inc.)

Parking. A sketch of the building’s parking spaces is attached hereto as Appendix D to this agreement (a) Landlord hereby grants to Tenant hereinafter: “the right, Sketch of Parking Spaces”). Eighteen ordinary parking spaces marked in common with others authorized by Landlord, to use red on the parking facilities owned by Landlord and to use no more than the number sketch of parking spaces shall be made available to Tenant as set forth the Lessee for the period of the tenancy for the sole use thereof, commencing at the beginning of the tenancy period, pursuant to this agreement. The parties hereby agree that by way of giving written notice of 30 days in Article 1(R) unless another tenant has a higher ratio of advance to the Lessor, the Lessee shall have the option to add and rent up to 12 additional parking spaces in the building to rentable square feetbe allocated and marked by the Lessor (hereinafter: “the Additional Parking Spaces”), in part of which event Tenant’s number of shall be ordinary spaces and part shall be double spaces according to the relation and arrangement herein below: the first 8 additional parking spaces shall be increased accordinglydouble parking spaces (i.e., at Tenant4 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 optionprovision of notice to the Lessor, notwithstanding the number of Tenant’s employeesas aforesaid, customers or invitees. However, and shall extend until the Building is fully leasedexpiration of the tenancy period. Likewise, Tenant the parties hereby agree that, subject to the provision of 30 days’ notice in advance and in writing to the Lessor, the Lessee 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 have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never reduce the number of Tenant’s spaces) additional parking spaces that it shall rent from time the Lessor, as aforesaid, up to time; providedthe rental of 18 ordinary parking spaces specified in the first sub-section of this section 7 herein, howeverat the least. The type of additional parking spaces to be reduced, such designation as aforesaid in this sub-section above, shall be uniformly applied and shall not unfairly favor any tenant in accordance with the type of additional parking spaces that the Lessee rented from the Lessor, in the Buildingreverse order to the 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 section above. Tenant’s right In return for the use of the parking spaces, 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 is appurtenant as aforesaid shall automatically be revoked as well. The provisions of this agreement concerning all that pertains to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Date, Tenant rented premises shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, from time to time, close-off or restrict access apply 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 have all the rights of control attributed hereby to the Landlordspaces as well. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (BioLineRx Ltd.), Lease Agreement (BioLineRx Ltd.)

Parking. 24.1 Tenant shall be allocated spaces in the Building’s parking facilities, at no charge to Tenant, in the ratio of four (a4) Landlord hereby grants spaces per one thousand (1,000) rentable square feet of leased Premises, inclusive of any reserved spaces granted 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 this Lease or inviteesotherwise. However, until the Building is fully leasedExcept for such reserved spaces, Tenant shall have the right to rent additional spaces utilize the Building’s parking facilities on a pro rata non-exclusive and unreserved basis with other Tenantstenants of the Building for the parking of standard-sized passenger automobiles and upon such terms and conditions as may from time to time be established by Landlord. Landlord, at Landlord reserves the right in its sole election, may designate the types, sizes, configuration, and locations of parking spaces within absolute discretion to determine whether the parking facilities which 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 be allowed to useuse such spaces. Landlord shall have the right, at Landlord’s sole election, not be responsible to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) from time to timeenforce reserved parking; provided, however, such designation Landlord shall be uniformly applied and clearly xxxx all reserved spaces. Tenant shall not unfairly favor any tenant in use parking areas for the Buildingservicing or overnight storage of vehicles. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may shall not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 rights with respect to the parkingparking 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, useand shall not be held liable, for any damage or transportation of motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollution. Tenant shall be responsible for the full amount of loss to any special parking taxes imposed by any governmental authority automobiles parked in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall notify Landlord of the license plate number, year, make and model of the automobiles entitled to use the parking facilities and if requested or to any personal property located therein, or for any injury sustained by Landlord, such automobiles shall be identified by automobile window stickers provided by Landlord, and only such designated automobiles shall be permitted to use any person in or about the parking facilities. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional reserves the right to close the parking spaces facilities during periods of unusually inclement weather or for use by customers and invitees of Tenant on a daily basis at prevailing parking rates, if anyrepairs. 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 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 liable to Tenant and without this Lease shall not be affected if any abatement of Rent under this Lease, from time to time, close-off or restrict access to parking rights hereunder are impaired by any Law imposed after 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 have all the rights of control attributed hereby to the LandlordLease Commencement Date. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

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. During the term, Tenant and its employees and invitees may use without additional charge by Landlord a total of up to 2.1 parking spaces for every 1,000 square feet of Premises Rentable Area rounded down to the nearest whole number (ainitially one hundred sixteen (116) Landlord hereby grants and increasing to Tenant one hundred forty-eight (148) as of the rightExpansion Date), in common with others authorized by Landlord, to use the parking facilities owned by Landlord and to use no more than garage located in the number of Building (the “Parking Facility”). All 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 hereunder 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 unreserved and available on a pro rata first-come, first-served basis with other Tenants. until further notice from 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assigngive any parties, transferother than its employees and any invitees to the Premises, sublease or otherwise alienate rights to use any of the parking spaces to which Tenant is entitled hereunder. The Parking Facility shall be used for the parking of passenger vehicles. Landlord reserves the right to (a) implement and modify systems to regulate access to and use of the Parking Facility, (b) designate and redesignate reserved and unreserved parking facilities without 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 Parking Facility is not materially reduced so as to deprive Tenant of the parking ratio hereinabove specified. Notwithstanding the foregoing, Landlord further reserves the right to close the Parking Facility or portions thereof temporarily to the extent necessary for maintenance and repairs. Tenant acknowledges that Landlord is not required to provide any security or security services for any of the Parking Facility. Tenant hereby indemnifies and agrees to defend and 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 Facility, except to the extent caused by gross negligence or willful misconduct of Landlord or Landlord’s prior written consentagent or employees. Tenant shall, and shall cause its employees to, comply with all reasonable rules and regulations pertaining to the Parking Facility, as the same may be established, amended, revised or supplemented by Landlord.

Appears in 2 contracts

Samples: Lease Agreement (RMR Group Inc.), Lease Agreement (Reit Management & Research Inc.)

Parking. (a) Landlord hereby grants to Tenant Lessee shall have the right, in common with others authorized by Landlord, right to use the number of non-exclusive parking facilities owned spaces located within the Project as designated in Article 1.1. without charge during the Term; except, however, notwithstanding anything to the contrary contained in this Lease, if a charge, fee, tax or other imposition is assessed against Lessor or the Project by Landlord applicable governmental authorities based upon use of parking spaces 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 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 no more than any specific parking space, except as expressly stated in this Article 26. Notwithstanding the number of parking spaces made available 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 Tenant as set forth in Article 1(R) unless another tenant has a higher ratio or affecting parking on the Parcel, or any cause beyond Lessor's reasonable control, Lessor is required to reduce the number of parking spaces to rentable square feeton the Parcel, 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 Lessor 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 have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never proportionately reduce the number of Tenant’s spaces) Lessee's parking spaces and the non-exclusive parking spaces of other tenants of the Building. Lessor reserves the right 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 parking made available to Lessee pursuant to this Lease 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 Article 26 or Lessor's rules and regulations relating to parking, towed away at Lessee's cost, after having given Lessee reasonable notice. In the event Lessor elects or is required by any law to limit or control parking on the Parcel, by validation of parking tickets or any other method, Lessee agrees to participate in such validation or other program under such reasonable rules and regulations as are from time to time; provided, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Buildingtime established by Lessor. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord Lessor shall have the right to change close all or any portion of the parking rate areas at reasonable times for any timepurpose, hut never to exceed fair market rental for similar spaces similarly situated including, without limitation, the prevention of a dedication thereof, or the accrual of rights in Cambridge, MA, to include therein any amounts levied, assessed, imposed 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 paid to used by Lessee or Lessee's Agents for any governmental authority on account of purpose other than the parking of motor vehicles, including all sums required to be paid pursuant to transportation controls imposed by vehicles and the Environmental Protection Agency under the Clean Air Act ingress and egress of 1970, as amended, or otherwise required to be paid by any governmental authority with respect to the parking, use, or transportation of pedestrians and motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollution. Tenant shall be responsible for the full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Office Lease (Doubleclick Inc), Office Lease (Netgravity Inc)

Parking. (a) Landlord hereby grants to Tenant and its employees, agents and invitees shall have the right, in common with others authorized by Landlord, 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 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 facilities owned by Landlord spaces. Tenant shall take reasonable measures to ensure that its employees, agents and to use no invitees do not occupy more than the number above referenced quantity of parking. Tenant shall only permit parking spaces made available to Tenant 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 Article 1(R) unless another tenant has a higher ratio the Adjacent Garage or Building Garage. With respect to the unreserved Parking Spaces, each user 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 Adjacent Garage and Building is fully leased, Tenant shall Garage will have the right to rent additional spaces on a pro rata basis park in any available parking space in accordance with other Tenantsregulations of uniform applicability promulgated by the Operator and Landlord. LandlordNotwithstanding anything herein to the contrary, at its sole election, may designate but subject to the types, sizes, configuration, and locations rights of parking spaces within the parking facilities which Tenant shall be allowed set forth herein with respect to use. Landlord shall have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) Parking Spaces, Landlord and the Operator hereby reserve the right from time to time; providedtime to designate a reasonable portion of the Adjacent Garage or Building Garage to be used exclusively by visitors to the Building, howeverother persons, entities, or tenants. Tenant 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 designation a sticker may be towed away at the car owner’s expense. In addition, Tenant’s use of the Adjacent Garage shall be uniformly applied 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 the Adjacent Garage without restrictions during the hours of 6:00 a.m. to 4:00 p.m., local time, Monday through Friday (exclusive of the “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 Building Garage shall be programmed 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 addition, the 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 (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 unfairly favor be required to pay any tenant in fee to exit the BuildingAdjacent Garage. Tenant’s Subject to the remaining terms and provisions of this Section 7, the Operator reserves the right to use close the parking spaces Adjacent Garage during periods of unusually inclement weather or for repairs. When the Adjacent Garage is appurtenant closed, monthly permit holders shall be afforded access to the Premises and Building Garage by means of a magnetic card or other procedure provided by Landlord. In the event that Landlord fails to provide to Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by Parking Spaces required under this Lease without requiring Landlord’s approval. for more than five (b5) Commencing on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to timeconsecutive business days, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall notify Landlord of the license plate number, year, must make and model of the automobiles entitled to use 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 reasonable alternative parking spaces for use by customers and invitees of Tenant 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 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 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 Article I(SSections 10 and 15 below, in the event that Landlord fails to provide more than twenty-five percent (25%) of the Parking Spaces to Tenant in the Building Garage or if Adjacent Garage for more than one hundred eighty (180) days, Tenant may thereafter elect to terminate this Lease upon ten (10) business days’ prior written notice to Landlord has instituted a window sticker or other and such termination shall be effective unless Landlord is able to satisfy such parking procedure and Tenant’s employees, customers or invitees do not comply with any such procedure, then in any requirement before the expiration 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, 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 have all the rights of control attributed hereby to the Landlordten (10) business day period. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Office Building Lease Agreement (Sunnova Energy International Inc.), Office Building Lease Agreement (Sunnova Energy International Inc.)

Parking. (a) 5.1 Landlord hereby grants agrees to Tenant operate and maintain or cause to be maintained and operated an "Automobile Parking Area" during the rightLease Term for the benefit and use of tenants, customers, patrons and employees of tenants of the Building. The cost of maintenance, operation, repair and management of the Automobile Parking Area whether paid by or allocated to Landlord shall be included 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 Direct Costs 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 4 above. Nothing contained herein shall be increased accordinglydeemed to create liability upon Landlord for any damage to motor vehicles of tenants, customers, patrons or employees or from loss of property from within such motor vehicles. 5.2 Tenant covenants and agrees at Tenant’s option, notwithstanding all times during the number of Tenant’s employees, customers or inviteesLease Term to lease one (1) covered reserved parking space in the Automobile Parking Area. However, until the Building is fully leasedSubject to availability, 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 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, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Buildingtime convert unreserved spaces to reserved spaces. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change reserve and assign parking spaces for other tenants of the Building or to designate parking rights on an unreserved, non-exclusive basis. Tenant covenants and agrees to pay for each space in addition to and concurrently with the Minimum Monthly Rent the parking rate at any timefees being charged by Landlord, hut never as adjusted by Landlord from time to exceed fair market rental for similar spaces similarly situated time and in Cambridge, MA, to include therein any amounts levied, assessed, imposed or required to be paid to any governmental authority on account Landlord's sole discretion. During the first year of the Lease Term following the Rent Commencement Date, 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 space fees shall be responsible Thirty Five and No/100 Dollars ($35.00) per space per month for covered reserved spaces and Zero and No/100 Dollars ($0.00) per space per month for unreserved parking spaces. 5.3 Landlord shall have the right to establish and from time to time change, alter and amend, and to enforce against all users of the Automobile Parking Area, reasonable rules and regulations (including the exclusion of parking from designated areas and the assignment of spaces to tenants) as may be deemed necessary and advisable for the full amount proper and efficient operation and maintenance of any special parking taxes imposed by any governmental authority in connection with said Automobile Parking Area including, without limitation, the hours during which the Automobile Parking Area shall be open for use. 5.4 Landlord may establish such reasonable charges as Landlord deems appropriate for the use of the Automobile Parking Area by persons who have not leased space in the Building. Landlord may establish a system whereby these persons may present validations issued by tenants in lieu of payment of the parking facility by charges. If Tenant wishes to provide Tenant. (c) If requested by 's customers, patrons and invitees with validations as part of the validation system, Tenant agrees to pay Landlord, Tenant shall notify as additional rent, those charges established by Landlord for use of the license plate numbervalidation system and to comply with such system and all rules and regulations established by Landlord for Tenant's use and the use of Tenant's customers, year, make and model of the automobiles entitled to use 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 patrons and invitees of Tenant 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 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, 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 have all the rights of control attributed hereby to the Landlordvalidation. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Globalnet Financial Com Inc), Lease Agreement (Globalnet Financial Com Inc)

Parking. (a) Landlord hereby grants to Tenant Lessee shall have the right, in common with others authorized by Landlord, right to use the number of non-exclusive ------- parking facilities owned spaces located within the Project as designated in Article 1.k. without charge during the Term, except, however, notwithstanding anything to the contrary contained in this Lease, if a charge, fee, tax or other imposition is assessed against Lessor or the Project by Landlord 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 no more than any specific parking space, except as expressly stated in this Article 26. Lessor shall designate a number of stalls (which shall be at least such number as Lessor determines in the exercise of its business judgment to provide reasonable parking for visitors to the Building and the adjacent "Building 4") in the underground parking garage serving the Project as "visitor parking". Notwithstanding the number of parking spaces made available 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 Tenant as set forth in Article 1(R) unless another tenant has a higher ratio or affecting parking on the Parcel, or any cause beyond Lessor's reasonable control, Lessor is required to reduce the number of parking spaces to rentable square feeton the Parcel, 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 Lessor shall have the right to rent additional proportionately reduce the number of Lessee's parking spaces and the non-exclusive parking spaces of other tenants of the Building. Lessor reserves the right in its reasonable discretion: to determine whether parking facilities are becoming overcrowded and in such event to re-allocate parking spaces on a pro rata basis with among Lessee and other Tenantstenants of the Project; to have any vehicles owned by Lessee or Lessee's Agents which are parked in violation of the provisions of this Article 26 or Lessor's rules and regulations relating to parking, towed away at Lessee's cost, after having given Lessee reasonable notice. LandlordIn the event Lessor elects or is required by any law to limit or control parking on the Parcel, at its sole election, may designate the types, sizes, configuration, and locations by validation of parking spaces within the parking facilities which Tenant shall be allowed tickets or any other method, Lessee agrees to use. Landlord shall have the right, at Landlord’s sole election, to change said types, sizes, configuration, participate in such validation or other program under such reasonable rules and locations (but never the number of Tenant’s spaces) regulations as are from time to time; provided, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Buildingtime established by Lessor. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord Lessor shall have the right to change close all or any portion of the parking rate areas at reasonable times for any timepurpose, hut never to exceed fair market rental for similar spaces similarly situated including, without limitation, the prevention of a dedication thereof, or the accrual of rights in Cambridge, MA, to include therein any amounts levied, assessed, imposed 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 paid to used by Lessee or Lessee's Agents for any governmental authority on account of purpose other than the parking of motor vehicles, including all sums required to be paid pursuant to transportation controls imposed by vehicles and the Environmental Protection Agency under the Clean Air Act ingress and egress of 1970, as amended, or otherwise required to be paid by any governmental authority with respect to the parking, use, or transportation of pedestrians and motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollution. Tenant shall be responsible for the full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Net Office Lease (Chordiant Software Inc), Net Office Lease (Chordiant Software Inc)

Parking. Throughout the Term and without any additional cost (a) Landlord hereby grants to other than as allowed as an Expense hereunder), Tenant may park in the rightBuilding’s parking facilities (the “Parking Facility”), in common with others authorized by Landlordother tenants of the Building, to upon the following terms and conditions. Tenant shall not use the parking facilities owned by Landlord and to use no more than the number of unreserved 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 useSection 1.9. Landlord shall have the rightnot be liable to Tenant, at Landlord’s sole electionnor shall this Lease be affected, to change said types, sizes, configuration, 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 locations (but never the number of Tenant’s spaces) regulations established by Landlord from time to time; providedtime and provided in writing to Tenant for the orderly operation and use of the Parking Facility, howeverincluding any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, such designation shall be uniformly applied in its discretion, allocate and shall not unfairly favor any tenant assign parking passes among Tenant and the other tenants in the Building. Tenant’s right 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 use or theft of any vehicles or other property occurring in the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet Parking Facility or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility Parking Facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 any of such events, Landlord shall be entitled to, without any liability to Tenant, its employees, customers employees or invitees. Landlord may alter the size, configuration, design, layout or any vehicles not complying with Landlord’s procedures or parking other aspect of the Parking Facility, and, in excess of such allotted number of spaces. Tenant acknowledges and agrees that Landlord mayconnection therewith, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off temporarily deny or restrict access to the Parking Facility, in each case without abatement of Rent or liability to Tenant so long as Landlord undertakes commercially reasonable efforts to minimize any interference with Tenant’s parking facility for purposes of permitting or facilitating necessary construction, alteration or improvementaccess to the Premises. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the parking facility operator, in which case (i) such parking operator or lessee shall have all the rights of control attributed hereby reserved herein by Landlord, (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 extent caused by Landlord. (d) The ’s gross negligence or willful misconduct. Tenant’s parking facilities provided for herein rights under this Section 24 are provided solely for the accommodation benefit of Tenant, ’s employees and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect to the automobile parking areas, including adjoining streets, sidewalks, driveways, property invitees and passageways, or the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant such rights may not assign, transfer, sublease or otherwise alienate the use of the parking facilities be transferred without Landlord’s prior written consent, except pursuant to a Transfer permitted under Section 14.

Appears in 2 contracts

Samples: Office Lease (Responsys Inc), Office Lease (Responsys Inc)

Parking. (a) Landlord hereby grants 42.1 Subject to the terms and conditions of this Section 42, Tenant the rightshall be entitled but not obligated to use, in common with others authorized by Landlord, to use the parking facilities owned by other tenants and Landlord and its agents, the number of undesignated vehicle parking spaces allocated to use no more than Tenant in Subsection 1.1.11, and which such spaces will be available at all times during the Term for Tenant’s use; provided, however, that if the size of the Premises shall hereafter be increased or reduced, whether pursuant to an amendment of lease or any modification to this Lease or otherwise, the number of parking spaces made available allocated to Tenant shall automatically be increased or reduced pro rata, as set forth in Article 1(R) unless another tenant has a higher ratio the case may be, provided further, however, that if the number of parking spaces in the Building’s parking facility is expanded, then the number of parking spaces allocated to rentable square feetTenant shall be increased pro rata. 42.2 The parking facility shall be operated on a parking assist/valet basis, in which event and the hours of such operation shall be extended if demand warrants the same and provided that the cost of such additional operation is paid by the tenants of the Building who are users of such extended hours program. 42.3 Tenant’s number use of such parking spaces shall be increased accordinglysubject to payment by Tenant of such standard monthly parking rates, if any, as may be charged from time to time to persons other than the officers and employees of Landlord and its affiliates, and subject to such non-discriminatory rules and regulations as may be reasonably established or altered from time to time by Landlord or its manager of such parking facilities, provided that, subject to any Laws, Tenant shall have access to the Building’s parking facility at all times (i.e., 365 days a year, 24 hours a day) and provided further that such rates do not exceed any rates charged to other tenants of the Building nor do such rates exceed fair market rates for generally comparable parking facilities in Class A office buildings located within a two (2) block radius of the Building. If a dispute arises between the parties regarding the fair market rate for Tenant’s optionvehicle parking spaces in the Building’s parking facility, notwithstanding it shall be resolved by arbitration and in accordance with the number provisions of Tenant’s employees, customers or invitees. However, until the Building is fully leased, Exhibit F attached to this Lease. 42.4 Tenant shall have the right to rent additional spaces on a pro rata basis with other Tenants. Landlord, at its sole election, may designate increase the types, sizes, configuration, and locations number of parking spaces within it contracts to use, subject to the maximum number set forth in Subsection 1.1.9, by providing Landlord with sixty (60) days’ written notice of its intent to do same. Tenant shall have the right to decrease the number of parking spaces it contracts to use by providing Landlord with thirty (30) days’ written notice of its intent to do same. 42.5 At Landlord’s request, Tenant (or its designated employees with parking privileges) shall enter into commercially reasonable parking licenses or lease agreements or other arrangements then in use by Landlord (or Landlord’s operator of the parking facilities which facilities) with respect to such monthly parking. Upon request, Tenant shall provide Landlord with the license plate numbers of all vehicles that Tenant’s employees park in the Building’s parking facility. 42.6 At all times, the Building’s parking facility shall accommodate approximately thirty-three (33) cars to be allowed parked on a visitor or “short term” parking basis and on an assist/valet basis, subject to usegovernmental requirements and restrictions. In addition, a portion of the Building’s parking facility shall be reserved for car pool parking (approximately 19 cars) and handicap parking (approximately five (5) cars) and motorcycle parking. If Tenant parks more vehicles in the Facility’s parking area than are permitted under this Section, Landlord shall have the right, at without limitation to 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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 remedies under this Lease, to collect from time Tenant a daily charge, to timebe reasonably determined by Landlord, closefor each such additional vehicle. 42.7 Provided that Landlord determines that there has been a mutually agreed demonstrated need for off-off or restrict access site valet parking, Landlord shall attempt to contract for such service, subject to the parking facility for purposes availability of permitting or facilitating necessary constructionsuitable off-site facilities within a reasonable proximity to the Building, alteration or improvement. Landlord may delegate its responsibilities hereunder and subject to a parking operator or a lessee the agreement of the parking facility in which case users of such parking operator or lessee shall have service (including Tenant) to pay for 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the cost of such off-site valet parking facilities without Landlord’s prior written consentoperation.

Appears in 2 contracts

Samples: Office Lease Agreement (Riverbed Technology, Inc.), Office Lease Agreement (Riverbed Technology, Inc.)

Parking. (a) Landlord hereby grants shall provide Tenant with one seventy (170) parking spaces for each full floor of the Premises (parking spaces provided to Tenant the right, in common with others authorized by Landlord, hereunder shall hereinafter be referred 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 Parking Spaces”), of spaces which forty-five (45) Tenant’s Parking Spaces shall be increased accordingly, at located in the underground parking area of the Building and the balance of the 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 Parking Spaces shall be allowed located in the other parking structure located adjacent to use. Landlord shall 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, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. Of the forty-five (45) Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion Parking Spaces for each full floor of the Premises approved located in the underground parking area of the Building, fifteen (15) of such Tenant’s Parking Spaces shall be reserved parking spaces, as reasonably designated by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on . From and after the Rent Commencement Date, Tenant shall pay Landlord for the Tenant’s Parking FeeSpaces at a rate of [***] per parking space per month, if any, shown in Article I, which monthly parking fee shall increase by [***] per parking space per month every year and Tenant shall pay the charge for Tenant’s Parking Spaces as Additional Rent, payable additional rent monthly in advance on the first day of each month during the term of this Lease together with the Monthly RentBasic Rental payable hereunder. In addition Tenant’s use of Tenant’s Parking Spaces shall be subject to the right reserved hereunder by such reasonable and necessary rules and regulations as Landlord to designate the parking rate shall promulgate from time to time, Landlord shall have the right to change the parking 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 only receive one card for the full amount each of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided by Landlord, and only such designated automobiles shall be permitted to use the parking facilities’s Parking Spaces. 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 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 The right 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 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 Parking Spaces is personal to Tenant and without any abatement of Rent under this Lease, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease be assigned or otherwise alienate the use of the parking facilities subleased without Landlord’s prior written consent, other than to any subtenant or assignee of this Lease approved by Landlord or otherwise permitted under the terms of this Lease. (b) Landlord shall cause the Parking Structure to be available for ingress and egress by employees, customers and invitees of Tenant twenty-four (24) hours a day, three hundred sixty-five (365) days per year, under arrangements reasonably satisfactory to Tenant and Landlord and in accordance with the Security Specifications. The Parking Structure shall be used for vehicle parking during the term of this Lease, it being agreed that such facility is a material inducement for Tenant to enter into this Lease. Landlord shall, at its sole cost and expense, cause the Parking Structure to be maintained, repaired and replaced such that it is and remains in a first class condition throughout the term of this Lease. Tenant may not sublease, assign or license its parking spaces to third parties that do not occupy any portion of the Premises or have the right to occupy any portion of the Premises. (c) Except as otherwise set forth in this Lease, the Parking Structure shall be operated in accordance with the Rules. The Parking Structure shall be used only for daily parking and no storage of vehicles shall be permitted. Employees of Tenant who are based in the Building or who are based in other premises in downtown Detroit may not use the visitor parking area in the Parking Structure while at work for Tenant and if an employee of Tenant repeatedly violates such restriction after notice to such employee and Tenant, such employee shall be deemed to be in triple secret probation of this provision and upon a further violation of this sentence by such employee, Landlord may terminate the parking privileges in the Parking Structure of such employee of Tenant by notice to such employee and to Tenant; provided, however, a breach of the foregoing shall not be a default or Event of Default under this Lease, but may only result in the loss of parking privileges in the Parking Structure by such employee. (d) Landlord will cause to be provided to Tenant five hundred (500) validated parking passes per month for all day visitor parking for each parking pass. If Tenant requests additional validated parking passes, Tenant shall be able to validate such parking, and Tenant shall pay Landlord the sum of Ten Dollars ($10.00) for such additional visitor all day parking in the Parking Structure. If Tenant has any company wide events at the Building during Normal Business Hours, without the consent of Landlord, Tenant will direct no more than one hundred (100) employees to park in visitor parking in the Parking Structure during such event; provided, however, the foregoing shall not prevent parking by an employee of Tenant in any Tenant parking space in the Parking Structure, nor shall Tenant be obligated to patrol where its employees park nor shall a breach of the foregoing provisions of this sentence be a default or Event of Default under this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Parking. (a) Landlord hereby grants Subject to subsection (b) below, Tenant shall lease on a must-take, must-pay basis during the right, Term the Parking Spaces. While Tenant is occupying the Premises and is not 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 leasedDefault, Tenant shall have the right to rent additional spaces on a pro rata basis in common with other Tenants. Landlordtenants to use the Parking Spaces in the Building’s Parking Facility indicated in Section 1, at its sole election, may designate the types, sizes, configuration, subject to any applicable parking fees and locations of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall have the right, at Landlord’s sole election, to change said types, sizes, configuration, rules and locations (but never the number of Tenant’s spaces) regulations promulgated from time to time; provided, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall notify Landlord of the execute a separate parking 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 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 parking rates, if any. At agreement detailing 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 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 rights 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 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 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, and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause obligations with respect to the automobile Parking Spaces. Tenant shall be entitled to use only the number of Parking Spaces allocated to Tenant as set forth in Section 1(m). Nothing herein contained shall be construed to grant to Tenant any estate in real property nor the exclusive right to a particular parking areasspace, including adjoining streetsbut rather as a license only. (b) From the period beginning on the Effective Date and ending on the last day of the twelve (12th) full calendar month of the Term (the “Parking Election Date”), sidewalksTenant may, drivewaysupon not less than five (5) days’ prior written notice to Landlord, property and passageways, increase or decrease the use thereof number of Parking Spaces leased by Tenant in connection with the Premises, such increases limited to a total of twenty-three (23) unreserved Parking Spaces and two (2) reserved Parking Spaces. On or tenant’s employeesbefore the Parking Election Date, customers, agents, contractors Tenant shall deliver to Landlord a written election (the “Parking Election”) to lease all or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use a portion of the parking facilities without Parking Spaces for the period commencing on the first (1st) day of the immediately subsequent month and ending on the last day of the Term. The number of Parking Spaces designated in the Parking Election shall constitute the Parking Spaces leased by Tenant for the Term, on a must-take, must-pay basis, and Tenant shall not be entitled to increase or decrease the number of Parking Spaces leased by Tenant during the Term thereafter. If Tenant fails to deliver the Parking Election on or before the Parking Election Date, then Tenant shall be deemed to have delivered a Parking Election electing to lease the number of the Parking Spaces then in use by Tenant (i.e., up to twenty-three (23) unreserved Parking Spaces and up to two (2) reserved Parking Spaces). Notwithstanding anything herein to the contrary, Tenant shall have a right to reject by written notice to Landlord the location of the reserved Parking Spaces within fifteen (15) days following Landlord’s prior designation and notice to Tenant thereof, in which event the reserved Parking Spaces shall be deemed excluded from the Parking Spaces and the unreserved Parking Spaces shall be increased from twenty-three (23) to twenty-five (25) subject to adjustment pursuant to the remainder of this Section 48(b), and Tenant shall have no obligation to pay any of the Parking Charges associated with the premium for the reserved Parking Spaces from and after the date that Landlord receives Tenant written consentnotice of rejection pursuant to this sentence; if Tenant fails to reject the location of the reserved Parking Spaces within said 15-day period pursuant to this sentence, then Tenant shall have no further right to reject the same.

Appears in 2 contracts

Samples: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)

Parking. Tenant may park in the Building’s parking facilities (a) Landlord hereby grants to Tenant the right“Parking Facility”), in common with others authorized by Landlordother tenants of the Building, to upon the following terms and conditions. Tenant shall not use the parking facilities owned by Landlord and to use no more than the number of unreserved and/or reserved parking spaces made available to Tenant as set forth in Article 1(RSection 1.9. Tenant shall pay Landlord, in accordance with Section 3, any fees for 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) unless another tenant has a higher ratio any Law. 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 based on the number and type 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 Tenant 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 entitled to use. Tenant shall comply with all rules and regulations established by Landlord shall 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; providedtime for the orderly operation and use of the Parking Facility, howeverincluding any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, such designation shall be uniformly applied in its discretion, allocate and shall not unfairly favor any tenant assign parking passes among Tenant and the other tenants in the Building. Tenant’s right 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 use or theft of any vehicles or other property occurring in the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet Parking Facility or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility Parking Facility by Tenant. (c) If requested by LandlordTenant or its employees or invitees. Landlord may alter the size, Tenant shall notify Landlord configuration, design, layout or any other aspect of the license plate numberParking Facility, year, make and model of the automobiles entitled to use 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 mayand, in its sole discretionconnection therewith, 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 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 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, from time to time, close-off temporarily deny or restrict access to the parking facility for purposes Parking Facility, in each case without abatement of permitting Rent or facilitating necessary construction, alteration or improvementliability to Tenant. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the parking facility operator, in which case (i) such parking operator or lessee shall have all the rights of control attributed hereby 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. (d) The ’s gross negligence or willful misconduct. Tenant’s parking facilities provided for herein rights under this Section 24 are provided solely for the accommodation benefit of Tenant, ’s employees and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect to the automobile parking areas, including adjoining streets, sidewalks, driveways, property invitees and passageways, or the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant such rights may not assign, transfer, sublease or otherwise alienate the use of the parking facilities be transferred without Landlord’s prior written consent, except pursuant to a Transfer permitted under Section 14.

Appears in 2 contracts

Samples: Office Lease (Apigee Corp), Office Lease (Apigee Corp)

Parking. (a) Landlord hereby grants to Throughout the Term, Tenant shall have the right, but not the obligation to purchase and assign to its employees the number of parking pennits set forth in common with others authorized Section 21.1 of the Basic Lease Information (`BLI"). Except as othenvise permitted by Landlord's management agent in its reasonable discretion, and based on the availability thereof, in no event shall Tenant be entitled to use the parking facilities owned by Landlord and to use no purchase more than the number of parking spaces made permits listed in the BLI. If additional parking permits are available on a month-to-month basis, which determination shall be in the sole discretion of Landlord's parkingagent, Tenant shall be permitted to purchase one or more of said permits on a first-come, frst- serveebasis. Said parking permits shall allow Tenant as set forth to park in Article 1(R) unless another tenant has a higher ratio of the Building parking spaces facility at the posted monthly parking rates and charges then in effect, plus any and all applicable taxes, provided that such rates may be changed from time to rentable square feettime, in which event Tenant’s number Landlord's sole discretion. Landlord shall retain sole discretion to designate the location of spaces each parking space, and whether it shall be increased accordinglyassigned, at or unassigned, unless specifically agreed to otherwise in writing between Landlord and Tenant’s option, notwithstanding the number . Guests and invitees 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 use, in common with other Tenants. Landlordguests and invitees of other; tenants of the Building, at its sole election, may designate the types, sizes, configuration, and locations of parking spaces within the transient parking facilities which Tenant shall of the Building at the then-posted parking rates and charges, or at such other rate or rates and charges as may be allowed to use. Landlord shall have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) agreed upon from time to time; provided, 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 appurtenant to the Premises time between Landlord and Tenant may not assign, sublet in writing. Such rate(s) or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved charges maybe changed 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to timetime in Landlord's sole discretion, and shall include, without limitation, any and all fees or taxes relating to parking assessed to Landlord shall have the right to change the for such parking rate at any timefacilities. Tenant or Tenant's agents, hut never to exceed fair market rental for similar spaces similarly situated in Cambridgeclients, MAcontractors, to include therein any amounts levieddirectors, assessedemployees, imposed invitees, licensees, officers, partners or required to be paid to any governmental authority on account shareholders continued use 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 1970said transient, as amended, or otherwise required to be paid by any governmental authority with respect to the well as monthly 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 full amount of any special parking taxes imposed by any governmental authority in connection contingent upon Tenant and Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders continued compliance with the use of the parking facility by Tenant. (c) If requested reasonable and non-discriminatory rules and regultions adopted by Landlord, Tenant shall notify Landlord of the license plate number, year, make which rules and model of the automobiles entitled to use 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 regulations may change 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) time 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, 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, from time to time, close-off or restrict access to time during 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 Term hereof in which case such parking operator or lessee shall have all the rights of control attributed hereby to the Landlord's sole discretion. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Office Lease (Platinum Studios, Inc.), Office Lease (Platinum Studios, Inc.)

Parking. (a) Landlord hereby grants 3.1 Subject to Tenant the rightfulfillment of the provisions of this Agreement and the payment of Parking Fees as specified hereunder, the Lessee will be entitled to park in common with others authorized by Landlord, the Parking Lot vehicles according to use the parking facilities owned by Landlord amount specified in the Lease Agreement signed between the Lessee and to use no more than the number of Gav Yam in random parking spaces made available (hereinafter referred to Tenant as set forth as: the “Parking Lot Right of Entry”) according to the directions and instructions of the Parking Lot Management Company in Article 1(R) unless another tenant has the days and hours during which the Parking Lot is operated (hereinafter jointly referred to as: the “Parking Spaces”). 3.2 Gav Yam undertakes that the Parking Lot will operate Sun – Thu 24 hours a higher ratio of parking spaces to rentable square feetday, 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, configurationFridays and holiday eves from 7 am – 4 pm, and locations thus not including holidays (hereinafter referred to as: the “Regular Operating Hours”). For the removal of parking spaces within doubts, it is hereby clarified that no additional payment will be charged for the parking facilities Parking Lot Right of Entry if the Parking Lot operating hours change from that which Tenant shall be allowed to use. Landlord shall 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing customary on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rentdate of signing this Agreement. In addition to the right reserved hereunder by Landlord abovementioned the parties agree that if the Lessee wishes to designate allow vehicles to exit the parking rate from time to timeParking Lot beyond the Regular Operating Hours – the company will allow this; however, Landlord shall have the right to change parties agree that the parking 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 Lessee will not 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 charged by the Environmental Protection Agency under company for extra payment for this service. Notwithstanding the Clean Air Act of 1970, as amended, or otherwise required to be paid by any governmental authority with respect to abovementioned 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 Management Company may, in subject to its sole discretion, provide 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 return to the company all means of identification as aforementioned immediately upon the termination of this Agreement or its expiration for any reason whatsoever, and 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 Parking Lot Right of Entry is intended for certain vehicles, the details of which shall be delivered to the Lessee before the commencement of the 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, the Lessee will be entitled to lease additional parking spaces for use by customers and invitees before the commencement of Tenant on a daily basis at prevailing parking ratesthe Lease Period, 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 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, from time to time, close-off or restrict access subject 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 have all the rights of control attributed hereby to the LandlordLessee’s needs. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement (Varonis Systems Inc)

Parking. (a) Landlord hereby grants Subject to Tenant Section 1 of this Schedule “C”, throughout the rightinitial Term only, unreserved parking spaces shall be made available in the Parking Facilities for parking vehicles on a first-come-first-served basis in common with others authorized by Landlordof the Project, on a twenty-four (24) hour per day basis, in such locations as designated from time to use the parking facilities owned time by Landlord or the operator of the Parking Facilities, at a ratio of four (4) spaces for every one thousand (1,000) square feet of Rentable Area for office area, and at a ratio of one point one four (1.14) spaces for every one thousand (1,000) square foot of Rentable Area for warehouse area, based on the assumption that sixty percent (60%) of the Rentable Area of the Project consists of office area (collectively, the “Parking Spaces”), subject to the terms set out below. Tenant shall not be responsible for payment to Landlord or its parking operator of any licence fees in connection with Tenant’s use no more than of the number of parking spaces made available to Tenant Parking Facilities as set forth in Article 1(R) unless another tenant has a higher ratio of parking spaces to rentable square feetherein but, 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 leasedfor greater certainty, Tenant shall have continue to remain responsible for payment of its Proportionate Share or share, as the right to rent additional spaces on a pro rata basis with other Tenants. Landlordcase may be, at its sole election, may designate the types, sizes, configuration, of Operating Costs and locations of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall 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, 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 appurtenant Realty Taxes attributable to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approvalParking Facilities. (b) Commencing on the Rent Commencement DateAt Landlord’s request, Tenant shall pay deliver to Landlord the Parking Fee, if any, shown in Article I, up-to-date information as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord owner, licence plate number and description of each automobile authorized to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenantsuch Parking Spaces. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided by LandlordFor emphasis only, and only such designated automobiles shall be permitted to use without affecting or limiting 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 meaning of Tenant 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 provision 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 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, from time to time, close-off or restrict access it is agreed that the following sections of this Lease apply to the parking facility for purposes of permitting or facilitating necessary construction, alteration or improvement. Landlord may delegate its responsibilities rights granted to Tenant hereunder to a parking operator or a lessee in respect of the parking facility in which case such parking operator or lessee shall have all the rights Parking Spaces, namely Sections 13.4 (“Limitation of control attributed hereby to the Landlord’s Liability”) and 13.5 (“Indemnity of Landlord”). (d) The parking facilities provided No repairs other than emergency repairs immediately necessary for herein are provided solely for operation of a vehicle be made to any motor vehicle in or on any of the accommodation of TenantCommon Facilities, including without limitation the Parking Facilities, and no motor vehicle shall be driven on any part of the Common Facilities other than on a driveway or in the Parking Facilities. (e) It is understood and agreed that Landlord assumes no responsibility is not responsible for theft of or liability of any kind whatsoever from whatever cause with respect damage to the automobile parking areas, including adjoining streets, sidewalks, driveways, property and passageways, vehicle or its equipment or articles left in the vehicle. (f) Landlord shall have no obligation to supervise or police the Parking Facilities or the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentthereof.

Appears in 2 contracts

Samples: Multi Tenant Industrial Lease (PointClickCare Corp.), Multi Tenant Industrial Lease (PointClickCare Corp.)

Parking. (aA) Landlord hereby grants to Tenant During 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 leasedTerm, Tenant shall have the right to rent additional spaces use (on a pro rata basis with other Tenants. Landlordnon-exclusive first-come, at its sole election, may designate first-served basis) the types, sizes, configuration, and locations number of Parking Permits set forth in Basic Lease Provision 25 hereof for the unreserved parking spaces within of passenger automobiles in the parking facilities which Tenant shall be allowed areas designated from time to usetime by Landlord for the use of tenants of the Building (“Parking Areas”). Landlord shall have no obligation to police or otherwise monitor the right, use of the Parking Areas. (B) Tenant shall park and shall cause its employees to park only in the Parking Areas. Neither Tenant nor its employees or invitees shall park at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never 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 spaces) employees of areas designated or which may be 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 time; providedtime as requested by Landlord, however, such designation shall be uniformly applied furnish Landlord with the owners’ names and shall not unfairly favor license plate numbers of any tenant in the Building. vehicle of Tenant and Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approvalagents and/or employees. (bC) Commencing on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to reserves the right reserved hereunder by Landlord to designate institute a parking control system, and to establish and modify or amend rules and regulations governing the parking rate from time to time, use thereof. Landlord shall have the right to change revoke a user’s parking privileges in the parking rate at any time, hut never event such user fails 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 abide by the rules and regulations governing the use 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 pollutionParking Areas. Tenant shall be responsible prohibited from using the Parking Areas for purposes other than for parking registered vehicles. The storage, repair or overnight parking of vehicles in the full amount Parking Areas is strictly prohibited. (D) Tenant shall not assign or otherwise transfer any Parking Permits (other than to a permitted assignee of this Lease, or a permitted subtenant of the Premises), and any special parking taxes imposed by any governmental authority attempted assignment or other transfer shall be void. Tenant and its employees shall observe reasonable safety precautions in connection with the use of the parking facility Parking Areas and shall at all times abide by Tenant. all rules and regulations governing the use of the Parking Areas promulgated by Landlord or the Parking Areas operator (c) If requested by Landlordif 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 Tenant shall notify Landlord of the license plate number, year, make and model of the automobiles not be entitled to use 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 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 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, from time to time, close-off or restrict access to the parking facility for purposes of permitting or facilitating necessary construction, alteration or improvementother damages as a result thereof. 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 Tenantdoes not assume any responsibility, and Landlord assumes no responsibility shall not be held liable, for any damage or liability of loss to any kind whatsoever from whatever cause with respect to automobile or personal property in or about the automobile parking areas, including adjoining streets, sidewalks, driveways, property and passagewaysParking Areas, or for any injury sustained by any person in or about the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentParking Areas.

Appears in 2 contracts

Samples: Lease (Project Clean, Inc.), Lease (Project Clean, Inc.)

Parking. (a) Landlord Tenant hereby grants also rents the Parking Spaces referred to Tenant in the right, Basic Lease Information of the Lease in common with others authorized by Landlord, to use the garage parking facilities owned area located substantially beneath the Building on such terms and conditions as may be established 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 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 timetime during the Term; provided, however, the rent for such designation Parking Spaces during the initial Term shall be uniformly applied and shall not unfairly favor any tenant in the Building. Tenant’s right to use the parking spaces is appurtenant equal to the Premises Parking Charge and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment said rents shall never be less than these charges during the remainder of the Term of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly RentLease. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change designate where such parking spaces shall be located and to relocate such parking spaces within the underground garage parking rate at any area from time to time, hut never to exceed fair market rental but shall not, except for similar spaces similarly situated in Cambridgereserved spaces, MA, to include therein any amounts levied, assessed, imposed or be required to be paid mark xxxcific spaces. Landlord shall have the further right to relocate or eliminate any governmental authority 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, on account of the parking of motor vehiclesterms, 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 conditions and rates then applicable to the parkingother underground garage parking spaces, use, or transportation of motor vehicles, or if in Landlord's sole discretion adequate underground garage parking is available to the reduction or control of motor vehicle traffic, or motor vehicle pollutionother tenants in the Building. All parking spaces rented by Tenant shall be responsible considered part of the Premises for the full amount purposes of any special Tenant's obligations and Landlord's rights under Articles 8, 9, 10, 14, 16 and 17 hereof, and the rental owing for such spaces shall be considered additional rent under the Lease. The parking taxes imposed by any governmental authority in connection areas referred to herein, except for reserved spaces during normal business hours, shall be used on a non-exclusive basis with the use occupants of the Building and Parcel IB. Tenant also acknowledges that there are parking facility by Tenant. (c) If requested spaces in uncovered surface parking areas within the Project. Tenant and visitors of the Building may not park in such spaces unless expressly authorized in writing by Landlord. 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 notify Landlord participate in such validated parking on Tenant's use of the license plate number, year, make and model of the automobiles entitled to use the all parking facilities and if requested by Landlord, such automobiles areas shall be identified by automobile window stickers provided by Landlordsubject to any rules and regulations relating thereto, and only such designated automobiles shall be permitted to use including regulations governing the parking facilities. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional designation of specific parking spaces for use by customers Tenant and invitees its guests and invitees, the hours during which such parking spaces may be used, the size of Tenant 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 and the traffic flow in the Building, parking areas. Landlord shall make not be responsible for any vandalism or other damages from any cause occurring to automobiles or their contents while located in such validation stickers available to Tenant. In the event Tenant exceeds the number of allotted parking spaces set forth or moving 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 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, 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 have all the rights of control attributed hereby to the Landlordarea. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Cygnet Financial Corp), Lease Agreement (Cygnet Financial Corp)

Parking. (a) So long as the Required Conditions are satisfied the Landlord hereby grants agrees 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 make available to the 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 and the number of Tenant’s employees, customers or invitees. However, until the Building is fully leased, Tenant shall have take, as a licensee as of the right commencement of the Fixturing Period, three (3) unreserved parking stalls throughout the Term for the Parking Facility, the size and location of such parking stalls to rent additional spaces on a pro rata basis with other Tenants. Landlord, at be determined and designated by the Landlord in its sole electionand unfettered discretion, may designate the types, sizes, configuration, and locations of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall 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, 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 appurtenant subject to the Premises Tenant executing and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of delivering the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Date, Parking Agreement. The Tenant shall pay Landlord parking fees to the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with Facility Operator throughout the Monthly Rent. In addition to Term at the right reserved hereunder by Landlord to designate the prevailing rates being charged for parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 stalls 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 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 LeaseParking Facility, from time to time, close-off or restrict access which at of this date is $485.00, per permit per month, plus Goods and Services Tax. Where the prevailing parking rates in the Parking Facility are being generally increased by the Landlord, the Landlord shall be entitled to increase the Tenant’s parking fees upon 30 days’ written notice to the Tenant. Each such payment shall be made in advance on the first day of each month throughout the Term. At the Tenant’s option, and subject to availability, the Landlord shall provide additional parking facility for purposes stalls on a month to month basis throughout the Term. The Tenant’s rights under this section shall terminate upon expiry or earlier termination of permitting the Lease or facilitating necessary constructionthe Landlord taking possession of the Premises. The Tenant acknowledges and agrees further that the Tenant’s rights under this section are contractual rights only and do not form an interest in land. The Tenant’s rights under this section are subject to and superseded by the Parking Agreement once executed and delivered by the Tenant and the Landlord. Notwithstanding anything contained in this Lease, alteration or improvement. the Landlord may delegate its responsibilities hereunder terminate the Tenant’s entitlement to a parking operator use some or a lessee all of the parking facility in which case such stalls if for any reason the Landlord will not be able to reasonably make the parking operator stalls available to the Tenant (including without limitation the demolition of all or lessee shall have part of the Parking Facility or some or all of the rights of control attributed hereby parking stalls no longer being available to the Landlord. (d) The parking facilities provided for herein are provided solely for and the accommodation of Tenant, and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect circumstances giving rise to the automobile parking areas, including adjoining streets, sidewalks, driveways, property and passageways, or the use thereof by Tenant or tenantLandlord’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of inability to make the parking facilities without Landlord’s prior stalls available to the Tenant are not of a temporary nature. The Landlord shall whenever possible give the Tenant not less than 30 days’ written consentnotice of such termination, provided that in no event shall the Landlord have any liability to the Tenant in connection with any failure to provide such 30 days’ notice.

Appears in 2 contracts

Samples: Office Lease (Adven Inc.), Office Lease (Adven Inc.)

Parking. (a) Landlord hereby grants to Tenant, as Tenant hereunder and under the rightBuilding 91 Lease, in common with others authorized by Landlord, is allocated and shall have the non-exclusive right to use 550 parking spaces at the Project in the parking facilities owned by Landlord areas serving the Premises described on Exhibit A hereto (referred to in this Lease as “Tenant’s Non-Exclusive Parking Area”) for its use and to the use no of Tenant’s Agents. Tenant shall not at any time use more parking spaces than the number of parking spaces made available so allocated to Tenant as set forth or park its vehicles or the vehicles of others in Article 1(R) unless another tenant has a higher ratio any portion of parking spaces to rentable square feet, in which event the Project outside of the Tenant’s number of spaces shall be increased accordingly, at Tenant’s option, notwithstanding the number of Tenant’s employees, customers Non-Exclusive Parking Area or inviteesin any portion which is designated by Landlord as an exclusive parking area. However, until the Building is fully leased, Tenant shall not 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any exclusive right to use any specific parking space. If Landlord grants to any person or other tenant or subtenant the exclusive right to use any particular parking space(s), Tenant shall not use such spaces. Landlord reserves the right, after having given Tenant reasonable notice, to have any vehicles owned by Tenant or Tenant’s Agents utilizing parking spaces except in connection with an assignment excess of this Lease the parking spaces allowed for Tenant’s use or sublease of all or a in any portion of the Premises approved by Project outside of Tenant’s Non-Exclusive Parking Area, to be towed away at Tenant’s cost. All trucks and delivery vehicles shall be (i) parked at the rear of the Premises; (ii) loaded and unloaded in a manner which does not interfere with the businesses of Landlord or as other occupants of the Project; and (iii) permitted by this Lease without requiring Landlord’s approval. (b) Commencing to remain on the Rent Commencement DateProject only so long as is reasonably necessary to complete loading and unloading. In the event Landlord elects or is required by any Law to limit or control parking in the Project, whether by validation of parking tickets or any other method of assessment, Tenant shall pay Landlord the Parking Fee, if any, shown agrees to participate in Article I, such validation or assessment program under such reasonable rules and regulations as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate are from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided time established by Landlord, and only such designated automobiles which 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 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 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, from time to time, closenon-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 discriminatory among all occupants of the parking facility in which case such parking operator or lessee shall have all the rights of control attributed hereby to the LandlordProject. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Lease Agreement (Avago Technologies LTD)

Parking. (a) During the term, Tenant shall be allocated Forty-Two (42) parking 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 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 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 hereby grants 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 rightrisk of, any acts or omissions occurring within the parking areas or any entrances and exits thereto or therefrom (other than the negligent or willful acts or omissions of Landlord or its Affiliates), including, without limitation, any injuries, death, or loss or damage to cars or other property, and Tenant will not name Landlord or its Affiliates, or bring any actions of any kind against them, in common with others authorized by connection 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, to use the parking facilities owned by Landlord and to use no more than the number of parking spaces made available to Tenant ’s rights as set forth in Article 1(R) unless another tenant has a higher ratio Section 15.1, Landlord may: limit access to portions of the parking spaces to rentable square feetareas; change signs, in which event Tenant’s number lanes and the direction 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 traffic within the parking facilities areas; change, eliminate or add parking spaces or areas devoted to parking; designate the area (or space) within which Tenant shall each authorized automobile may be allowed to use. Landlord shall have the right, at Landlord’s sole election, to parked and change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) any such designation from time to time; provided, however, such designation shall be uniformly applied establish alternative means of identifying and shall not unfairly favor controlling authorized parking; promulgate rules and regulations; construct additional and/or structured parking; and take any tenant in the Building. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested other actions deemed necessary by Landlord, Tenant shall 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 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 that Tenant’s authorized parking spaces will not be reduced nor will Tenant be charged for use parking over and above its share of Taxes and Operating Costs related thereto (unless Landlord otherwise specifically agrees in a writing signed by customers and invitees of Tenant 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Consent to Sublease (Sige Semiconductor Inc), Consent to Sublease (Sige Semiconductor Inc)

Parking. (a) Landlord hereby grants to During the Term, Tenant the right, in common with others authorized by shall lease from Landlord, to at a minimum, 1.54 parking stalls for each 1,000 square feet of Rentable Area of the Premises for use by Tenant and its employees, guests and visitors. All such stalls shall be located on the Property or in the parking facilities owned garage located at 000 Xxxxx Xxxxxx and shall be leased by Landlord and Tenant at the 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 use no more than the number of parking spaces made available to Tenant Monthly Base Rent as set forth in Article 1(RSection 1.1(8) unless another tenant has above. Tenant may lease from Landlord, subject to availability, up to a higher ratio maximum of 3.00 parking spaces stalls for each 1,000 square feet of Rentable Area of the Premises. Landlord shall first endeavor to rentable square feetprovide 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 (i.e., 1.54 per 1,000) and if providing Tenant with the 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 Aquatic 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. In the event TenantTenant fails at any time to pay the full amount of any such parking charges or reimbursements, then in addition to all other remedies available to Landlord hereunder, Xxxxxx’s number of spaces parking rights shall be increased accordingly, at Tenant’s option, notwithstanding reduced to the number extent of Tenant’s employees, customers or inviteesfailure to pay for the same. 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, The locations and locations type of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved designated 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate operator from time to time, Landlord provided that in no event shall have the right to change the parking 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 Tenant be required to be paid use valet or off-site parking if the 000 Xxxxx Xxxxxx garage have parking stalls that are not committed to any governmental authority on account of other tenants within the parking of motor vehicles, including all sums required to be paid Aquatic Park Center Campus 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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 spacesbinding lease. Tenant acknowledges and agrees that Landlord the parking stalls serving the Project may, without incurring 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 liability 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 without replacement of passes, keycards, identification stickers or markers, and for any abatement and all loss or other damage caused by persons or vehicles related to use of Rent 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 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 this Section, Landlord or its parking operator shall have the right, in addition to all other rights and remedies of Landlord under this Lease, from time to time, close-off remove or restrict access tow away the vehicle without prior notice 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 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, and the cost thereof shall be paid to Landlord assumes no responsibility or liability of any kind whatsoever within ten (10) days after notice 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. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Sub Sublease (Carmot Therapeutics Inc.), Sub Sublease (Carmot Therapeutics Inc.)

Parking. (a) Landlord hereby grants agrees that, provided that no Event of Default shall be continuing hereunder, Landlord will confer upon Tenant, 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 rightPremises. Tenant shall pay to Landlord monthly, in common with others authorized 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 being offered to the general public by Landlord, to use as the parking facilities owned same may be adjusted 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 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, however, such designation . Any parking fees due hereunder shall be uniformly applied and shall not unfairly favor any tenant in constitute Additional Rent under this Lease. On or before the Building. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Date, Tenant shall pay send Landlord written notice setting forth the number of Parking FeeSpaces (up to an aggregate maximum of twenty (20)) that Tenant elects to use and license in the 000 Xxxxx Xxxxxxxxx Xxxxxx and/or 000 Xxxxx Xxxxxxxx Xxxxxx, if anygarages, shown in Article Iand Tenant shall be deemed to have irrevocably and unconditionally relinquished, as Additional Rentfor the entire term of this Lease and any Renewal Term, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking rate at use or license any time, hut never to exceed fair market rental for similar spaces similarly situated Parking Spaces in Cambridge, MA, to include therein any amounts levied, assessed, imposed or required to be paid to any governmental authority on account such garages in excess of the parking number of motor vehiclessuch spaces set forth in Tenant’s notice. Tenant and its employees shall comply with all Legal Requirements and all of Landlord’s reasonable rules, including all sums required to be paid pursuant to transportation controls imposed by regulations and security requirements in connection with Tenant’s use of 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 pollutionParking Spaces. Tenant shall be responsible for the full amount any loss, damage or injury to persons or property caused as a result of any special parking taxes imposed by any governmental authority in connection with the its or its employees’ use of the Parking Spaces or the parking facility area in which the Parking Spaces are located (including, 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 Parking Spaces or parking area. Tenant shall not be permitted to perform any Alterations with respect to the 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 Parking 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 interest in this Lease (as governed by Article 14 hereof). (b) Notwithstanding anything to the 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 thereof from Landlord to Tenant, (ii) fails to take possession of all or substantially all of the Parking Spaces within six (6) months after the 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 Parking Spaces (or any portion thereof) which Tenant has the right to use under this Section 10.7 on a regular and consistent basis, and such failure continues for a period of 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 the reduction of Parking Spaces (or any portion thereof)) and Landlord shall be free to use (or grant or confer upon any other Person the right to use) all or any such Parking Space(s) upon such terms and conditions as Landlord shall determine, in its sole discretion. (c) If requested by Notwithstanding anything to the contrary contained in this Section 10.7, if at any time during the Term 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”), unless as a result of Landlord’s continuing default under the Lease, Tenant shall notify have no right to license the Parking Spaces, and 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 receipt of written notice from 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 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 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 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, 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 have all the rights of control attributed hereby to the Landlordrevocation. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Groupon, Inc.), Lease Agreement (Groupon, Inc.)

Parking. (a) Provided Tenant is not in default of its obligations under this Lease, beyond any applicable notice and cure periods, Tenant will have a nonexclusive revocable license (the “License”) during the term of this Lease to park up to the number of cars indicated in the Basic Lease Provisions in the parking area of the Property. Landlord hereby grants will not be responsible to Tenant for enforcing the rightLicense 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: (i) the 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, (iii) parking outside of marked parking spaces, (iv) the maintenance, repair or cleaning of any vehicle in common with others authorized the parking area, and (v) the violation of any other parking rules and regulations promulgated by Landlord, to use the parking facilities owned by Landlord and to use no more than . If the number of parking spaces made available to Tenant as set forth in Article 1(R) unless another tenant has a higher ratio the parking area of parking spaces to rentable square feetthe Property is reduced by circumstances beyond the reasonable control of Landlord, in which event Tenant’s the 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 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, however, such designation shall be uniformly applied and shall not unfairly favor any tenant indicated in the Building. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Basic Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approvalProvisions will be reduced proportionately. (b) Commencing Landlord will have no liability for any damage to vehicles on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate Property or for any loss of property from time to time, Landlord shall have the right to change the parking 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 within such vehicles, or for any injury suffered by Tenant’s employees or Tenant’s Visitors, except to the reduction extent such loss, damage or control injury is caused solely by Landlord’s gross negligence or willful misconduct. Tenant shall advise its employees, Tenant’s Visitors, and any subtenant’s employees of motor vehicle traffic, or motor vehicle pollution. the requirements of this Section 8.4 and Tenant shall be responsible for the full amount of 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 special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested rules and regulations promulgated by Landlord, Tenant shall 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 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, then Landlord may, in its sole discretion, provide additional parking spaces for use by customers and invitees of Tenant on a daily basis at prevailing parking rates, if any. At LandlordTenant’s sole electioncost 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 may make validation stickers available to Tenant for any such additional parking spaces, provided, however, if upon demand. Landlord makes validation stickers available to any other tenant in reserves 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 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 Leaseright, from time to time, closeto assign and re-off or restrict access assign 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 Tenant and other tenants of the Building specific 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 Tenantspaces, and Landlord assumes no responsibility or liability Tenant agrees to be bound thereby provided that the number of any kind whatsoever from whatever cause with respect to parking spaces indicated in 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. Tenant may Basic Lease Provisions will not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentbe reduced.

Appears in 2 contracts

Samples: Sublease (Roka BioScience, Inc.), Sublease (Roka BioScience, Inc.)

Parking. (a) Landlord hereby grants to Tenant Resident acknowledges that parking is available in the rightdesignated parking areas at the Facility on a first come, in common with others authorized by Landlord, to use the parking facilities owned by Landlord and to use no more than the first served basis. A limited number of reserved parking spaces made will be 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 for 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 Residents of Tenant on the Facility who have leased an individual parking space for the Monthly Parking Fee. If Resident has elected to lease 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 space in the Buildingfacility, Landlord Resident shall make such validation stickers 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 Tenanta 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 Tenant exceeds the number parking space is not maintained properly, is damaged, or is otherwise not returned in a condition satisfactory to Landlord at the End Date or the earlier termination of allotted parking spaces set forth in Article I(S) or if the Contract, Resident shall pay to 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 the cost 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, from time to time, close-off or restrict access repairs to the parking facility 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 purposes the vehicle Resident has registered with Landlord, (the “Registered Vehicle”). The Parking Permit shall be displayed at all times in the lower left-hand corner of permitting the front windshield of the Registered Vehicle. If the Parking Permit is placed anywhere else or facilitating necessary constructionis not visible, alteration the Registered Vehicle is subject to being towed or improvementbooted 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 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 may delegate its responsibilities hereunder has the right to have Resident’s vehicle towed or booted at Resident’s expense if such vehicle (i) is parked in a parking operator loading zone, fire lane, on landscaping or a lessee grass, in front of the parking facility in which case such parking operator dumpsters (if any) or lessee shall have all the rights of control attributed hereby on curbs, (ii) is double parked, (iii) appears to the Landlord. be abandoned, (div) The parking facilities provided for herein are provided solely for the accommodation of Tenantis not, and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect to Resident only, a Registered Vehicle, (v) appears to be in a state of disrepair, (vi) causes damage to the automobile parking areas, including adjoining streets, sidewalks, driveways, property and passagewaysfacilities, or the use thereof by Tenant (vii) does not have a current registration or tenant’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentinspection.

Appears in 2 contracts

Samples: Housing Contract, Housing Contract

Parking. (a) Landlord hereby grants At no additional cost to Tenant during the Lease Term (as it may be extended), Tenant is allocated and shall have the nonexclusive right to use not more than Tenant’s Allocated Share of parking 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 use of its employees and invitees, the location of which may be designated from time-to-time by Landlord. Tenant shall not at any time use nor permit its employees, invitees or customers to use more parking spaces than the number so allocated to Tenant. Tenant shall not have the exclusive right to use any specific parking space. Landlord reserves the right, in common with others authorized by Landlordafter having given Tenant reasonable notice and opportunity to remove such vehicle, to use have any vehicles owned by Tenant or its employees or invitees utilizing parking spaces in excess of the parking facilities owned by spaces allowed for Tenant’s use to be towed away at Tenant’s cost. Landlord and reserves the right 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 assign parking spaces to rentable square feetTenant. 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, in which event upon advance written notice to Tenant’s number of spaces shall be increased accordingly, at Tenant’s option, notwithstanding grant to any other tenant the number of Tenant’s employees, customers or invitees. However, until the Building is fully leased, Tenant shall have the exclusive right to rent additional use any particular parking space(s), including those spaces on assigned to Tenant; and, as a pro rata basis with other Tenants. Landlordresult thereof, at neither Tenant nor its sole election, may designate the types, sizes, configuration, and locations of parking spaces within the parking facilities which Tenant employees or invitees shall be allowed to use. Landlord shall have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of Tenant’s use such spaces) from time to time; provided, however, such designation that Landlord shall be uniformly applied and shall not unfairly favor any tenant in grant to Tenant the Building. same number of spaces taken from Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 elsewhere on the Property and in Article I, as Additional Rent, payable monthly in advance with the Monthly Rentsuch a location reasonably acceptable to Tenant. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord Tenant shall have the right to change the parking rate not 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 time park or required to be paid to any governmental authority on account of permit 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, its vehicles or the reduction or control vehicles of motor vehicle traffic, or motor vehicle pollution. Tenant shall be responsible for the full amount of others adjacent to loading areas so as to interfere in any special parking taxes imposed by any governmental authority in connection way with the use of such loading areas, nor shall Tenant at any time park or permit the parking facility by Tenant. (c) If requested by Landlord, Tenant shall notify Landlord of its vehicles or the vehicles of others on any portion of the license plate number, year, make and model of the automobiles entitled to use the Property not designated by Landlord as a 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 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 Tenantarea. 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 exceeds the number of allotted 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 vehicles owned or operated by Tenant’s employees or invitees utilizing 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 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, from time to time, close-off or restrict access to the parking facility spaces allowed for purposes of permitting or facilitating necessary construction, alteration or improvementTenant’s use to be towed away at Tenant’s cost. 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 maintain 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, and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect to the automobile parking areas, including adjoining streetsand all paths and sidewalks between the Building and parking areas, sidewalkswell maintained, driveways, property and passageways, or the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentwith adequate lighting.

Appears in 2 contracts

Samples: Multi Tenant Space Lease (Nevro Corp), Multi Tenant Space Lease (Nevro Corp)

Parking. (a) Except as provided below, during the Term of this Lease, Landlord hereby grants shall make available to Tenant the rightup to seventy-four (74) parking spaces, of which 15 shall be located in common with others authorized by Landlord, to use the parking facilities owned by garage (reserved), and 59 shall be located on the surface lots (non-reserved). Landlord’s obligation pursuant to this Section 35 shall be limited to making such spaces available in whatever manner Landlord and to use no more than deems appropriate (attended, unattended, marked stalls, or other means), so long as the number of parking spaces referred to in this Section 35 are 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 have not reduce the rightavailable parking at anytime during the first three (3) years of the Term. After the third (3rd) anniversary of the Lease Term, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spacesi) from time to time; provided, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or if Landlord should sell Jive Software a portion of the Premises approved by surface parking area, thereafter the number of surface parking spaces available to Tenant shall be reduced in the same proportion as the surface lot area is reduced; (ii) if Landlord or as permitted by this Lease without requiring should redevelop the Property and such activity results in a reduction of the available surface lot area, Landlord’s approval. obligations to provide parking during the redevelopment period shall be limited to a total of 18 spaces, 15 of which are reserved in the garage and 3 spaces at location to be determined by Landlord. Landlord shall provide ninety (b90) Commencing on days advance written notice of such reduction. Following the Rent Commencement Datecompletion of any redevelopment activity, Landlord will use its best efforts to again provide up to seventy-four (74) parking spaces to Tenant for the balance of the Term. If Tenant leases additional space in the Building after the Lease Commencement, Landlord’s obligations to provide parking shall be limited to two parking spaces for each 1,000 square feet of additional area leased by Tenant. Tenant shall be required to pay as rental for the spaces made available to, and used by, Tenant shall pay Landlord the Parking Fee, if any, shown in Article Iestablished parking rates for the Building, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate adjusted from time to time, Landlord and such sum shall have the right to change the parking rate at any time, hut never to exceed fair market rental for similar spaces similarly situated be 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 addition to the parking, use, or transportation of motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollutionRents payable under this Lease. Tenant shall be responsible for not park elsewhere at the full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities Property without Landlord’s prior written consent, which Landlord may withhold at its sole discretion. Tenant shall have the priority to lease additional spaces on a monthly basis over any spaces that may be provided to the general public (exclusive of preservation parking which may be granted to neighboring property owners).

Appears in 2 contracts

Samples: Lease Agreement, Office Lease Agreement (Jive Software, Inc.)

Parking. (a) Subject to the remaining provisions of this Paragraph, ------- Landlord hereby grants to Tenant (for the right, in common with others authorized by Landlord, to use the parking facilities owned by Landlord benefit of Tenant and to use no more than the number of parking spaces made available to Tenant as set forth in Article 1(RTenant's Invitees) 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the non-exclusive use of the parking facility by area within the boundaries of and serving the Project (the "Parking Area"). Tenant. (c) If requested by Landlord, Tenant shall notify Landlord 's use 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 Parking Area shall be identified by automobile window stickers provided by Landlord, free of charge and only subject to such designated automobiles shall be permitted to use the parking facilities. If Landlord institutes such an identification procedure, rules as Landlord may, in its sole discretion, provide additional 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 use by customers clients, guests, and invitees of Tenant on tenants of the Project, and (iii) rules limiting tenants of the Project (including without limitation Tenant) to the use of a daily basis restricted number of parking spaces or a restricted area. Notwithstanding anything to the contrary in this Paragraph, Landlord may, at prevailing parking rates, if any. At Landlord’s sole 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 make validation stickers result in a decrease in the number of parking spaces available to Tenant for any and Tenant's Invitees, and no such additional parking spaces, provided, however, if Landlord makes validation stickers available decrease shall affect Tenant's obligations under this Paragraph or entitle Tenant to any other tenant abatement of Rent. Notwithstanding anything to the contrary in the Buildingthis Lease, Landlord shall make such validation stickers available to Tenant. In the event , and 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 any of such events, Landlord shall be entitled toto use, without any liability to no fewer than 3.5 parking spaces in the Project per 1,000 Rentable Square Feet of space occupied by Tenant, its employees, customers or invitees, any vehicles not complying with Landlord’s procedures or parking in excess . 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 such allotted number of spacesthis exhibit. 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 The copy filed herewith omits the information subject to the parking facility for purposes confidentiality request. Omissions are designated as [***]. A complete version of permitting or facilitating necessary constructionthis exhibit has been filed separately with the Securities and Exchange Commission. Tenant's sole cost and expense, alteration or improvement. Landlord may delegate and in accordance with Paragraph 24, below, install its responsibilities hereunder to a parking operator or a lessee of primary Tenant identification sign in accordance with 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 sign criteria for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or inviteesProject. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.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. The provisions of the Special 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. All 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, including the policies regarding appeals of employee parking issues. Such appeals shall not be grievable. Temporary Parking - Occasional Mileage Assignment Employees who are assigned to 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 (a) Landlord hereby grants for one or more days), upon certification by a supervisor in advance that the employee will be assigned to Tenant mileage on a specific date(s). Such temporary pass may be requested in lieu of receiving reimbursement for parking on the right, in common with others authorized by Landlord, date of the mileage assignment. Such permits shall be available only for City owned lots for which temporary permits are normally available. Temporary Parking - Office Relocation It is the understanding of the parties that temporary transition parking for a function relocated to use the civic center area may be provided under the condition that such temporary parking facilities owned by Landlord shall not exceed 30 days and to use 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 affected employees with the opportunity to arrange carpools, vanpools or public transportation at their new work location. Application for such 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 parking spaces made relocated employees exceeds 10, then it shall be the responsibility of the requesting department to determine eligibility, and such determination shall not be subject to grievance or appeal to Parking Services. Such permits shall be available only for City-owned lots for which temporary permits are normally available. They will not be 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 individual employees who transfer 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approvalpromote between locations. (b) Commencing on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Parking. (a) Landlord hereby grants Tenant shall be entitled to Tenant use, commencing on the rightCommencement Date, in common with others authorized by Landlord, to use the parking facilities owned by Landlord and to use no more than the number of unreserved parking spaces made available to Tenant as passes set forth in Article 1(R) unless another tenant has a higher ratio 1.J. of the Basic Lease Provisions, which parking spaces passes shall pertain 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 inviteesProject parking facility. However, until the Building is fully leased, Tenant shall have not be required to pay to Landlord any fee for such unreserved parking passes during 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 initial Term of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall 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 timethis Lease; provided, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of such parking passes by Tenant or the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall notify Landlord of the license plate number, year, make and model of the automobiles entitled . Tenant’s continued right to use the parking facilities passes is conditioned upon Tenant abiding by all rules and if requested 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 automobiles shall be identified by automobile window stickers provided by Landlordrules and regulations, and only such designated automobiles shall be permitted Tenant not being in default under this Lease. Landlord specifically reserves the right to use change the size, configuration, design, layout and all other aspects of the Project parking facilities. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional parking spaces for use by customers facility at any time and invitees of Tenant 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 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 rent under this Lease, from time to time, close-off or restrict access to the Project parking facility for purposes of permitting or facilitating necessary any such construction, alteration or improvementimprovements. Landlord may, from time to time, relocate any reserved parking spaces (if any) used by Tenant to another location in the Project parking facility. 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 passes used by Tenant pursuant to this Article 23 are provided to Tenant solely for the accommodation of use by Tenant’s own personnel and such passes may not be transferred, and Landlord assumes no responsibility assigned, subleased or liability 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 otherwise alienated by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentapproval.

Appears in 2 contracts

Samples: Standard Office Lease (Vital Therapies Inc), Standard Office Lease (Vital Therapies Inc)

Parking. (ai) Landlord hereby grants to Tenant During the rightTerm, 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing commencing on the Rent Commencement Date, Landlord shall, subject to the terms hereof, make available the number of parking spaces equal to Tenant’s Allocated Parking Spaces (hereinafter defined) for Tenant’s use in the parking garage/parking areas serving the Building and Tenant shall pay lease such spaces from Landlord 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 it may be reduced pursuant to this Section 1.4(b), the “Parking Minimum”) (e.g., for the period commencing on the Execution Date, the Parking FeeCap shall be nineteen (19), (ii) that is no greater than thirty-two (32), and (iii) specified by Tenant in a written notice to Landlord on or before the date which is sixty (60) days after the Term Commencement Date (it being understood and agreed that if anyTenant fails to timely deliver such written notice, shown Tenant’s Allocated Parking Spaces shall be deemed to equal the Parking Minimum). The number of parking spaces in Article Ithe parking garage/areas allocated to Tenant, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 modified pursuant to transportation controls imposed this Lease or as otherwise permitted by Landlord, are hereinafter referred to as the Environmental Protection Agency under the Clean Air Act of 1970, as amended, or otherwise required “Parking Spaces.” Upon at least sixty (60) days’ written notice 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall notify Landlord have the right, exercisable no more than once per Rent Year, to reduce the number 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 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 parking rates, if any. At Landlord’s sole election, Landlord may make validation stickers available Parking Spaces allocated to Tenant for any such additional parking spaces, under this Section 1.4(b); provided, however, if Landlord makes validation stickers available at all times during the Term hereof, subject to any other tenant in the BuildingLandlord’s right to terminate Tenant’s rights for non-payment as hereinafter described, 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 any of such events, Landlord Parking Spaces shall be entitled to, without any liability equal 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, from time to time, close-off or restrict access to greater than 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 have all the rights of control attributed hereby to the LandlordParking Minimum. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Sublease (Praxis Precision Medicines, Inc.), Sublease (Praxis Precision Medicines, Inc.)

Parking. (a) Landlord hereby grants Parking is available on the east side of the property in the area designated on site map as parking area only. User to 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 right, in common with others authorized by Landlord, to use User’s expense. If Valet Parking is used the parking facilities owned by Landlord User must engage Le San Xxxxxxx’s identified exclusive vendor and to use no more than the 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 spaces made available 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 driveway areas leading to Tenant as set forth parking area to allow for free traffic flow and access by emergency vehicles. Le San Xxxxxxx is not responsible for charges or damages to vehicles that get stuck 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 inviteesmud. However, until the Building is fully leased, Tenant shall have Le San Xxxxxxx reserves the right to rent additional spaces on a pro rata basis with other Tenants. Landlordinspect and control all private functions and does not, at its sole election, may designate the types, sizes, configurationcannot, and locations will not assume liability for (1) any personal property or equipment of parking spaces User or User’s guests or invitees brought to the property, or (2) any injury to User of User’s guests or invitees brought to the property. USER HEREBY INDEMNIFIES, 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 immediately deliver to the parking facilities which Tenant shall be allowed Le San Xxxxxxx at the address stated above every process, pleading or paper relating to useany claims or proceedings arising out of any accident involving the Facility. Landlord shall 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, however, such designation shall be uniformly applied and The User shall not unfairly favor aid any tenant claimant but shall cooperate fully with Le San Xxxxxxx in the Building. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 manners connected with any such procedureclaims or suits. USER AGREES THAT AS PART OF THE TERMS OF THIS AGREEMENT USER ON BEHALF OF HIMSELF/HERSELF/ITSELF AND HIS/HER/ITS GUESTS, then in any of such eventsHEIRS, Landlord shall be entitled toEXECUTORS, without any liability to TenantADMINISTRATORS, its employeesASSIGNS AND LEGAL REPRESENTATIVES AGREES TO INDEMNIFY AND HOLD HARMLESS LE SAN XXXXXXX AND ITS OWNERS, customers or inviteesOFFICERS, any vehicles not complying with Landlord’s procedures or parking in excess of such allotted number of spaces. Tenant acknowledges and agrees that Landlord mayREPRESENTATIVES AND EMPLOYEES FROM ANY AND ALL DAMAGES OR LIABILITY ARISING IN CONNECTION WITH OR RELATED TO RENTAL OF THE FACILITY, 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 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 have all the rights of control attributed hereby to the LandlordEXCEPT WHERE SUCH DAMAGES ARE CAUSED SOLELY BY THE ACTIONS OF LE SAN XXXXXXX. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Venue Rental Agreement, Venue Rental Agreement

Parking. (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 use with other Tenants. Landlord, at its sole election, may designate tenants or occupants of the types, sizes, configuration, and locations of Complex 161 parking spaces within in the common parking facilities which areas of the Complex. Tenant agrees, that Tenant, Tenant's employees, agents, representatives and/or invitees shall be allowed not use parking spaces in excess of said 161 spaces allocated to useTenant hereunder. Landlord shall have the right, at Landlord’s 's sole electiondiscretion, to change said types, sizes, configuration, and locations (but never specifically designate the number location of Tenant’s spaces) from time 's parking spaces within the common parking areas of the Complex in the event of a dispute among the tenants occupying the building and/or Complex referred to time; providedherein, howeverin which event Tenant agrees that Tenant, such designation shall be uniformly applied and Tenant's employees, agents, representatives and/or invitees shall not unfairly favor any tenant in the Building. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved other than those parking spaces specifically designated 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 Feefor Tenant's use. Said parking spaces, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder specifically designated by Landlord to designate the parking rate Tenant, may be relocated by Landlord at any time, and from time to time, Landlord reserves the right, at Landlord's sole discretion, to rescind any specific designation of parking spaces. Tenant shall have the right to change the parking rate not, 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 park or required permit to be paid to parked, 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, trucks or otherwise required to be paid by any governmental authority with respect vehicles adjacent 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 full amount of loading area as to interfere in any special parking taxes imposed by any governmental authority in connection way with the use of such areas, nor shall Tenant at any time park, or permit the parking facility 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 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, the Landlord may charge Tenant. , as an additional charge, and Tenant agrees to pay, ten (c$10.00) If requested by LandlordDollars 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 attach violation stickers or notices to such vehicles. Tenant shall 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 identified by automobile window stickers provided by Landlordarea for vehicle parking only, and only such designated automobiles shall be permitted to not use the parking facilities. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional parking spaces area for use by customers and invitees of Tenant 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 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, 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 have all the rights of control attributed hereby to the Landlordstorage. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Ipass Inc), Lease Agreement (Ipass Inc)

Parking. (a) Landlord hereby grants to Tenant i. During 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 leasedTerm, Tenant shall have the right to rent additional spaces on a pro rata basis with other Tenants. lease from Landlord, at its sole electionand Landlord shall lease to Tenant, may designate or cause the typesoperator (the “Operator”) of the surface parking lot serving the Building (the “Parking Facilities”) to lease to Tenant, sizes, configuration, and locations of nine (9) unreserved parking spaces within in the parking facilities which Parking Facilities (the “Spaces”) for the use of Tenant and its employees. The Spaces shall be allowed to use. Landlord shall have leased at the rightrate of $190.00 per unreserved Space, at Landlord’s sole electionper month, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) as such rate may be adjusted from time to time; providedtime (but no more than one (1) time per twelve (12) month period during the Term) to reflect the then current rate for parking in the Parking Facilities, however, which such designation rate shall be uniformly applied and shall not unfairly favor any tenant consistent with parking rates at comparable surface parking lots in the BuildingSeaport District in Boston, Massachusetts (the “Seaport District”). Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall notify execute and deliver to Landlord the standard parking agreement used by Landlord or the Operator in the Parking Facilities for such Spaces. ii. No deductions or allowances shall be made for days when Tenant or any of the license plate number, year, make and model of the automobiles entitled to use its employees does not utilize the parking facilities or for Tenant utilizing less than all of the Spaces. Tenant shall not have the right to lease or otherwise use more than the number of unreserved Spaces set forth above. iii. Except for particular spaces and if requested areas designated by LandlordLandlord or the Operator for reserved parking, such automobiles all parking in the Parking Facilities shall be identified by automobile window stickers provided by Landlordon an unreserved, and only such designated automobiles first- come, first-served basis. iv. Neither Landlord nor the Operator shall be permitted to use responsible for money, jewelry, automobiles or other personal property lost in or stolen from the parking facilitiesParking Facilities regardless of whether such loss or theft occurs when the Parking Facilities or other areas therein are locked or otherwise secured. If Except as caused by the negligence or willful misconduct of Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional parking spaces for use by customers and invitees without limiting the terms of Tenant 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 Buildingpreceding sentence, Landlord shall make such validation stickers available not be liable for any loss, injury or damage to Tenant. In persons using the event Tenant exceeds the number of allotted parking spaces set forth in Article I(S) Parking Facilities or if Landlord has instituted a window sticker automobiles or other parking procedure and Tenant’s employeesproperty therein, customers or invitees do not comply with any such procedureit being agreed that, then in 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, from time to time, close-off or restrict access to the parking facility for purposes of permitting or facilitating necessary constructionfullest extent permitted by law, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the Spaces shall be at the sole risk of Tenant and its employees. v. Landlord or its Operator shall have the right from time to time to designate the location of the Spaces and to promulgate reasonable rules and regulations regarding the Parking Facilities, the Spaces and the use thereof, including, but not limited to, rules and regulations controlling the flow of traffic to and from various parking facilities without Landlord’s areas, the angle and direction of parking and the like. Tenant shall comply with and cause its employees to comply with all such rules and regulations and all reasonable additions and amendments thereto of which Tenant is given prior written consentnotice. vi. Except for emergency repairs, Tenant and its employees shall not perform any work on any automobiles while located in the Parking Facilities or on the Property. If it is necessary for Tenant or its employees to leave an automobile in the Parking Facilities overnight, Tenant shall provide Landlord with prior notice thereof designating the license plate number and model of such automobile. vii. Landlord or the Operator shall have the right to temporarily close the Parking Facilities or certain areas therein in order to perform necessary repairs, maintenance and improvements to the Parking Facilities. Landlord shall use commercially reasonable efforts to return the affected portion of the Parking Facility to its full use as quickly as reasonably possible. viii. Tenant shall not assign, sublease or transfer any of its rights under this Section 1 without the consent of Landlord, other than in connection with a Permitted Transfer pursuant to Article 11 of the Lease. ix. Landlord may elect to provide parking cards or keys to control access to the Parking Facilities. In such event, Landlord shall provide Tenant with one card or key for each Space that Tenant is leasing hereunder, provided that Landlord shall have the right to require Tenant or its employees to place a deposit on such access cards or keys and to pay a fee for any lost or damages cards or keys.

Appears in 2 contracts

Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)

Parking. (a) So long as this Lease is in effect and provided Tenant is not in default hereunder, Landlord hereby grants to Tenant and Tenant's customers, suppliers, employees and invitees ("Tenant's Authorized Users") a non-exclusive license to use up to forty-eight (48) parking spaces in the rightareas designated by Landlord as parking facilities for the Building. All visitor parking will be on a non-exclusive, in common basis with others authorized by Landlord, to all other visitors and guests of the Project Tenant will not 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 or allow any 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right 's Authorized Users to use any parking spaces except in connection with an assignment of this Lease which have been specifically assigned by Landlord for other uses such as visitor parking or sublease of which have been designated by any governmental entity as being restricted to certain uses. Landlord may assign any unreserved and unassigned parking spaces and/or make all or a any portion of the Premises 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 Feesuch spaces reserved, if any, shown Landlord 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 Article I, as Additional Rent, payable monthly in advance Exhibit F attached hereto and Tenant agrees to cause Tenant's Authorized Users to comply with the Monthly Rentsuch rules and regulations. In addition to Landlord reserves the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right time to change modify and/or adopt such other reasonable and non-discriminatory rules and regulations for the parking rate at any time, hut never to exceed fair market rental facilities as it deems reasonably necessary 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 the operation of the parking facilities, but in no event shall Landlord be entitled to charge fees for parking without the prior written consent of motor vehiclesTenant, including all sums required which is not to be paid pursuant unreasonably withheld or delayed. Tenant may, at Tenant's sole cost and expense, provide for the striping of additional parking spaces in the paved areas adjacent to transportation controls Tenant's loading docks and the fifty foot (50') wide concrete dock apron, provided that (i) the addition of such spaces in the loading dock and apron areas is in compliance with all applicable laws and (ii) any and all costs associated with providing such parking spaces in the loading dock areas shall be at Tenant's sole cost and expense, including, without limitation, any landscaping requirements 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by TenantCity. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc), Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc)

Parking. Landlord shall provide Tenant with two point seven (a2.7) Landlord hereby grants parking permits for each one thousand (1,000) square feet in the Rentable Area of the Leased Premises, at the 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 Lease Term. If available, additional parking permits may be purchased by Tenant on a month to month basis at 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 rates set forth in Article 1(R) unless another tenant has a higher ratio of parking spaces to rentable square feet, in which event above. Tenant’s number employees shall not park their vehicles in the automobile parking areas of spaces shall the Common Areas and Facilities which may from time to time be increased accordingly, designated for patrons of Bellevue Place. Landlord at Tenant’s option, notwithstanding the number of Tenant’s employees, customers or invitees. However, until the Building is fully leased, Tenant all times 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 particular parking spaces within the parking facilities which Tenant shall areas to be allowed to use. Landlord shall have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of used by Tenant’s spaces) employees and any such designation may be changed from time to time. Tenant and its employees shall park their vehicles only in those portions of the Common Areas and Facilities, if any, designated for that purpose by Landlord. Tenant shall furnish Landlord with Tenant’s and Tenant’s employees’ state vehicle license numbers within fifteen (15) days after Tenant opens for business in the Leased Premises and Tenant shall thereafter notify Landlord of any changes within two (2) days after such change occurs. If Tenant or its employees fail to park their vehicles in designated parking areas, then Landlord, without limiting any 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 first violation of this provision and Tenant shall have two (2) days thereafter within which to cause the violation to be discontinued; and if not discontinued within such designation two-day period, then the vehicle fines shall commence. After notice of the first such violation, no notice of any subsequent violation shall be uniformly applied and shall not unfairly favor any tenant in the Building. Tenant’s right to use the parking spaces is appurtenant required prior to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use imposition of any parking spaces except in connection with an assignment fine. All amounts due under the provisions of this Lease or sublease of all or a portion of the Premises approved Section shall be additional rent and due and payable by Landlord or as permitted by this Lease without requiring Landlord’s approval. Tenant within ten (b10) Commencing on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 pollutiondays after demand therefor. Tenant shall be responsible for the full amount of any special parking taxes imposed by any governmental authority notify its employees in connection with the use writing of the parking facility by Tenantprovisions of this Section. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Office Lease (Smartsheet Inc), Office Lease (Smartsheet Inc)

Parking. Tenant may park in the Building’s parking facilities (a) Landlord hereby grants to Tenant the right“Parking Facility”), in common with others authorized by Landlordother tenants of the Building, to upon the following terms and conditions. Tenant shall not use the parking facilities owned by Landlord and to use no more than the number of unreserved and/or reserved parking spaces made available to Tenant as passes set forth in Article 1(R) unless another tenant has a higher ratio of parking spaces to rentable square feetSection 1.9. Tenant shall pay Landlord, in which event Tenant’s number of spaces shall be increased accordinglyaccordance with Section 3, at Tenant’s option, notwithstanding any fees for the number of Tenant’s employees, customers or inviteesparking passes described in Section 1.9. However, until the Building is fully leased, Tenant shall have pay Landlord any fees, taxes or other charges imposed by any governmental or quasi-governmental agency in connection with the right Parking Facility, to rent additional spaces on a pro rata basis with other Tenants. the extent such amounts are allocated to Tenant by 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 have the rightnot be liable to Tenant, at Landlord’s sole electionnor shall this Lease be affected, to change said types, sizes, configuration, 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 locations (but never the number of Tenant’s spaces) regulations established by Landlord from time to time; providedtime for the orderly operation and use of the Parking Facility, howeverincluding any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, such designation shall be uniformly applied in its discretion, allocate and shall not unfairly favor any tenant assign parking passes among Tenant and the other tenants in the Building. Tenant’s right 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 use or theft of any vehicles or other property occurring in the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet Parking Facility or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility Parking Facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 any of such events, Landlord shall be entitled to, without any liability to Tenant, its employees, customers employees or invitees. Landlord may alter the size, configuration, design, layout or any vehicles not complying with Landlord’s procedures or parking other aspect of the Parking Facility, and, in excess of such allotted number of spaces. Tenant acknowledges and agrees that Landlord mayconnection therewith, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off temporarily deny or restrict access to the parking facility for purposes Parking Facility, in each case without abatement of permitting Rent or facilitating necessary construction, alteration or improvementliability to Tenant. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the parking facility operator, in which case (i) such parking operator or lessee shall have all the rights of control attributed hereby 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. (d) The ’s gross negligence or willful misconduct. Tenant’s parking facilities provided for herein rights under this Section 24 are provided solely for the accommodation benefit of Tenant, ’s employees and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect to the automobile parking areas, including adjoining streets, sidewalks, driveways, property invitees and passageways, or the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant such rights may not assign, transfer, sublease or otherwise alienate the use of the parking facilities be transferred without Landlord’s prior written consent, except pursuant to a Transfer permitted under Section 14.

Appears in 2 contracts

Samples: Office Lease (NeuroSigma, Inc.), Office Lease (NeuroSigma, Inc.)

Parking. (a) Landlord hereby grants It is agreed by and between the LESSOR and LESSEE that parking is not granted as part of the leased premises but rather as a courtesy to Tenant the right, in common with others authorized by Landlord, to use the LESSEE. 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 accordinglylot shall, at Tenant’s the LESSOR’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 be operated on a pro rata basis with other Tenantssubject to unauthorized cars being towed by a private towing and storage company. Landlord, Parking passes are required at its sole election, may designate all parking lots. There is a cost of $180.00 for each pass (pass is valid for the types, sizes, configuration, term equal to one school Semester). Summer Semester passes will run $140.00. It is LESSEE’s responsibility to renew his/her parking pass at the beginning of each semester and locations at the beginning of parking spaces within the parking facilities which Tenant shall be allowed to usea new lease. Landlord shall 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, however, such designation shall be uniformly applied and shall LESSOR will not unfairly favor any tenant in the Building. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use towing costs that may occur as a result of the LESSEE forgetting to renew his parking facility by Tenant. (c) If requested by Landlordpass. At LESSOR’S option, Tenant shall notify Landlord LESSOR may tow the cars of persons who have violated any rules of the license plate number, year, make and model lot as described by LESSOR or any terms of the automobiles entitled to use 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 this lease agreement regardless of Tenant on whether 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 Tenantvalid pass is properly displayed or not. In the event Tenant exceeds that the lease agreement is legally terminated and LESSEE continues to park in parking lot, then LESSOR reserves the right to tow such vehicle. LESSEE UNDERSTANDS THAT PARKING IS LIMITED. Parking may not always be available during Home Football games where LESSOR allows for use of parking spaces for tailgating purposes. LESSEE understands their vehicle must be moved from these parking spaces by 5 PM on the day before Home Football games. The parking breakdown is as follows: Studios, one-bedrooms, two-bedrooms: One parking space per apartment. Three-bedrooms: Two parking spaces per apartment. Four, Five and Six- bedrooms: Three parking spaces per apartment. Any ADDITIONAL spaces available in the parking lot will be offered for sale by waitlist based on how many spaces are available after the initial passes are sold per lease. All persons needing a pass will be able to sign onto the waitlist and we will determine 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 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 spacespasses available. 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 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 have all the rights of control attributed hereby to the LandlordALL RESIDENTS MUST SHOW A VALID REGISTRATION WHEN PURCHASING A PARKING PASS. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Parking. (a) Landlord hereby grants to During the Term, Tenant the right, in common with others authorized by Landlord, to may use the parking facilities owned by Landlord and to use no more than the number of spaces specified in Section 1.1 for 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 have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) standard prevailing monthly rates being charged from time to time; provided, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved time by Landlord or as permitted by this Lease its parking operator without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition regard to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers discounts 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 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 occupants of the Building or other buildings in the Building, Landlord shall make such validation stickers available to Tenantcampus. In the event Tenant exceeds fails at any time to pay the number full amount of allotted such parking spaces set forth in Article I(S) or if Landlord has instituted a window sticker or other parking procedure and charges, Tenant’s employees, customers or invitees do not comply with parking rights shall be reduced to the extent of Tenant’s failure to pay for any such procedure, then in any parking. The locations and type of such events, Landlord parking shall be entitled to, without any liability to Tenant, its employees, customers designated by Landlord or invitees, any vehicles not complying with Landlord’s procedures or parking in excess of such allotted number of spacesoperator from time to time. Tenant acknowledges and agrees that the parking spaces serving the Project may include valet parking, tandem 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 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 mayor 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, without incurring 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 liability 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 this Section, including in the areas and without in the manner designated by Landlord or its parking operator for such activities. If any abatement vehicle is using the parking or loading areas contrary to any provision of Rent this Section, Landlord or its parking operator shall have the right, in addition to all other rights and remedies of Landlord under this Lease, from time to time, close-off remove or restrict access tow away the vehicle without prior notice 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 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, and the cost thereof shall be paid to Landlord assumes no responsibility or liability of any kind whatsoever within ten (10) days after notice from whatever cause with respect Landlord 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. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentTenant.

Appears in 2 contracts

Samples: Lease Agreement, Lease (Gritstone Oncology, Inc.)

Parking. (a) Provided Tenant is not in default of its obligations under this Lease, beyond any applicable notice and cure periods, Tenant will have a nonexclusive revocable license (the “License”) during the term of this Lease to park up to the number of cars indicated in the Basic Lease Provisions in the parking area of the Property. Landlord hereby grants will not be responsible to Tenant for enforcing the rightLicense 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: (i) the 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, (iii) parking outside of marked parking spaces, (iv) the maintenance, repair or cleaning of any vehicle in common with others authorized the parking area, and (v) the violation of any other parking rules and regulations promulgated by Landlord, to use the parking facilities owned by Landlord and to use no more than . If the number of parking spaces made available to Tenant as set forth in Article 1(R) unless another tenant has a higher ratio the parking area of parking spaces to rentable square feetthe Property is reduced by circumstances beyond the reasonable control of Landlord, in which event Tenant’s the 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 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, however, such designation shall be uniformly applied and shall not unfairly favor any tenant indicated in the Building. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Basic Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approvalProvisions will be reduced proportionately. (b) Commencing Landlord will have no liability for any damage to vehicles on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate Property or for any loss of property from time to time, Landlord shall have the right to change the parking 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 within such vehicles, or for any injury suffered by Tenant’s employees or Tenant’s Visitors, except to the reduction extent such loss, damage or control injury is caused solely by Landlord’s gross negligence or willful misconduct. Tenant shall advise its employees, Tenant’s Visitors, and any subtenant’s employees of motor vehicle traffic, or motor vehicle pollution. the requirements of this Section 8.4 and Tenant shall be responsible for the full amount of 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 special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested rules and regulations promulgated by Landlord, Tenant shall 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 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, then Landlord may, in its sole discretion, provide additional parking spaces for use by customers and invitees of Tenant on a daily basis at prevailing parking rates, if any. At LandlordTenant’s sole electioncost 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 may make validation stickers available to Tenant for any such additional parking spaces, provided, however, if upon demand. Landlord makes validation stickers available to any other tenant in reserves 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 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 Leaseright, from time to time, closeto assign and re-off or restrict access 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 Basic Lease Provisions will not be reduced. Nothing contained herein shall be deemed to impose any obligation on Landlord to police 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 have all the rights of control attributed hereby to the Landlordarea. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Roka BioScience, Inc.), Lease Agreement (Roka BioScience, Inc.)

Parking. Parking for the Project will be provided in the underground parking garage (a“Garage”) Landlord hereby grants to Tenant the right, in common which will be shared with others authorized by Landlord, to use the parking facilities owned 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 Garage Operator to use no more than provide Tenant with the number of parking spaces made available passes specified in the Basic Provisions. Fees required to be paid by Tenant as set forth elsewhere in Article 1(R) unless another tenant has a higher ratio of parking spaces to rentable square feetthis Lease, in which event Tenant’s number of spaces plus all applicable taxes and governmental charges, shall be increased accordinglypaid by Tenant to Landlord or to the Garage Operator, at Tenant’s option, notwithstanding as Additional Rent. Each parking pass shall entitle the number 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 employees, customers or invitees. However, until the Building is fully leased, Tenant shall have the right to rent additional parking passes may not park in any spaces on a pro rata basis with reserved for 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 useusers. Landlord shall have exclusive control over the rightday-to-day operations of the Garage. Landlord may make, at Landlord’s sole election, modify and enforce reasonable rules and regulations relating to change said types, sizes, configurationthe Garage, and locations (but never Tenant shall abide by, and shall cause its employees and invitees to abide by, such rules and regulations. In lieu of providing parking stickers or cards, Landlord may use any reasonable alternative means of identifying and controlling vehicles authorized to be parked in the Garage. Landlord may from time to time designate areas within the Garage for short term, visitor, or hotel parking only. Landlord may designate spaces for fuel efficient or plug in vehicles only. Landlord reserves the right to alter the size of the Garage and the configuration of parking spaces and driveways therein, provided that such alteration does not reduce the number of available parking passes or Tenant’s spaces) from time to time; provided, however, such designation shall be uniformly applied Guaranteed Parking Passes. Landlord may assign any unreserved and shall not unfairly favor any tenant in the Building. Tenant’s right to use the unassigned parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of and/or make all or a portion of the Premises approved by Landlord such spaces reserved 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking rate at institute 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 vehiclesother measures, including all sums required but not limited 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 valet parking, use, that Landlord determines are necessary or transportation of motor vehicles, desirable to meet tenant requirements or the reduction or control of motor vehicle traffic, or motor vehicle pollution. Tenant shall be responsible for the full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall notify Landlord of the license plate number, year, make orderly and model of the automobiles entitled to use 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 facilitiesefficient parking. If Landlord institutes such an identification procedureappoints a Garage Operator, the Garage Operator may exercise any rights granted to Landlord mayunder this Section. Upon request, in its sole discretion, 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 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 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 each holder of Rent under a parking pass will execute and deliver a parking agreement with the operator of the Garage on the operator’s standard form of agreement but which must otherwise be consistent with the terms and conditions of this Lease, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Redfin CORP)

Parking. The Building includes a subsurface parking garage (athe “Garage”). Tenant shall purchase parking passes (the “Parking Passes”) Landlord hereby grants equal 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 passes set forth in Article 1(Rthe Lease Summary (the “Base Parking Allocation” ). No later than the later of (a) unless another tenant has a higher ratio of parking spaces to rentable square feetJuly 1, in which event Tenant’s number of spaces shall be increased accordingly2016, 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on 180 days following the Rent Commencement Date, Tenant shall pay Landlord may reduce the Base Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition Allocation by written notice to the right reserved hereunder by Landlord to designate a ratio of Parking Passes per 1,000 feet of Rentable Area in the parking rate Premises deemed sufficient by Tenant. Parking Passes in excess of the Base Parking Allocation may be available from time to time, time on a month to month basis and Landlord shall have maintain a waiting list for parking in the right to change Garage. Tenant’s Base Parking Allocation includes Tenant’s share (based on parking allocations in the Garage) of any carpool spaces, charging station parking rate at any time, hut never to exceed fair market rental spaces and spaces reserved for similar spaces similarly situated in Cambridge, MA, to include therein any amounts levied, assessed, imposed fuel efficient or required to be paid to any governmental authority on account of the parking of motor low emission 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 pay the monthly fee for each Parking Pass at the rate established by Landlord from time to time for the full amount applicable type of permit for comparable users, plus any special parking taxes tax or assessment imposed by any governmental authority in connection with such parking privileges. All parking fees shall be payable in advance on the use first day of the month together with the payment of Base Rent. Each Parking Pass shall entitle the holder to park a single vehicle to park in the Garage. Landlord shall have exclusive control over the day-to-day operations of the Garage; provided that Landlord shall not oversell the parking facility by Tenant. (c) If requested by Landlord, to such an extent as to materially impair availability for Parking Pass holders. if the holders of its Parking Passes cannot find any parking in the Garage Tenant shall notify Landlord promptly of the license plate number, year, make date and model time of the automobiles problem so that Landlord may effectively manage the Garage. Landlord may designate spaces for short term parking and carpools and may create charging station parking spaces and spaces reserved for fuel efficient or low emission vehicles. Unless the Lease Summary specifies that Tenant is entitled to use reserved parking and Tenant pays an additional reserved parking fee, no specific spaces in the parking facilities and if requested by Landlord, such automobiles Garage 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 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 assigned to Tenant. In Landlord may make, modify and enforce reasonable rules and regulations relating to parking and Tenant shall abide by such rules and regulations and shall cause its employees and invitees to abide by such rules and regulations. Landlord may use any reasonable means of identifying and controlling vehicles authorized to be parked in the event Tenant exceeds Garage. Landlord may designate areas within the number of allotted Garage for short term or guest parking spaces set forth in Article I(S) or if only and Landlord has instituted a window sticker or other parking procedure and Tenant’s employees, customers or invitees do not comply with any may change such procedure, then in 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, designations from time to time, close-off or restrict access . Landlord reserves the right to alter the configuration of parking facility for purposes of permitting or facilitating necessary construction, alteration or improvementspaces and driveways in the Garage. Landlord may delegate its responsibilities hereunder to a parking operator make all or a lessee portion of the parking facility spaces reserved or institute other measures, including but not limited to valet, assisted or tandem parking, that Landlord determines are necessary or desirable to meet parking requirements. Landlord may operate the Garage or, 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 its discretion, may arrange for the accommodation Garage to be operated by a third party and the operator shall be entitled to exercise any rights granted to Landlord under this Section. Upon request, Tenant will execute and deliver a parking agreement with the operator of Tenant, and the Garage on the operator’s standard form of agreement. If Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect hires a third party to operate the automobile Garage then Landlord may direct that the monthly parking areas, including adjoining streets, sidewalks, driveways, property and passageways, or fees must be paid to such operator at such place as the use thereof by Tenant or tenant’s employees, customers, agents, contractors or inviteesoperator may direct but the parking fees shall be considered Additional Rent hereunder. Tenant may not assign, transfer, sublease shall participate in all programs run by Landlord or otherwise alienate the any governmental agency to reduce commute trips and to encourage its employees to use of the parking facilities without Landlord’s prior written consentpublic transportation.

Appears in 2 contracts

Samples: Office Lease (Impinj Inc), Office Lease (Impinj Inc)

Parking. (a) Landlord hereby grants to Tenant 1. At domiciles where free parking is not available, the right, in common with others authorized by Landlord, to use Company will pay the parking facilities owned by Landlord and to use no more than the number cost of parking spaces made available for Flight Attendants. For Flight Attendants who elect to Tenant park at airports other than their domicile airport, the Company will reimburse parking fees equal to the fees charged for domicile parking, subject to local airport authority and governmental limitations. The Company will not be responsible for any administrative cost or procedures other than at the domicile. In case of a Co-Domicile as set forth specified in Article 1(R) unless another tenant has a higher ratio Section 29 - Co-Domiciles, the highest maximum daily rate of the airports included will be the maximum amount reimbursable to the Flight Attendant. All reimbursements 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 inviteesexpenses will require receipts. 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 In lieu of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall 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, however, such designation shall be uniformly applied the Company will reimburse the Flight Attendant for using public transportation to and shall not unfairly favor any tenant in the Building. Tenant’s right from work upon submission of receipts up to use the parking spaces is appurtenant an amount equal to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any highest amount the Company pays for parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of at the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly RentFlight Attendant's domicile. In addition to public transportation, the right reserved hereunder Company considers Lyft, Uber, taxis and similar licensed car services eligible for reimbursement under this paragraph. Receipts must be submitted for reimbursement no later than six (6) months after the date the expense was incurred. 2. Those Flight Attendants who have the option of utilizing public transportation or what is commonly referred to as “park-and-ride” system in which they are able to park their vehicles at a location(s) away from the airport and to utilize public transportation to get to the airport shall be entitled to utilize such a system and to be reimbursed for the amount of fare and/or parking by Landlord the Company up to designate the limit of the normal Company-provided parking. All reimbursements of parking/ transportation will require receipts. 3. Any Flight Attendant who transferred out of a domicile following a displacement announcement, or who was displaced out of BOS, ORD, DFW, SJU, LAX, MIA or NYC and who continues to park a vehicle at BOS, ORD, DFW, SJU, MIA, LAX or NYC, will upon request, be reimbursed for the parking rate from time charge at the above airports, up to time, Landlord shall have the right to change the parking 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 full amount of any special an employee parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided by Landlord, and only such designated automobiles shall be permitted to use the parking facilitiespass. 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 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 any of such events, Landlord shall be entitled to, without any liability to Tenant, its employees, customers or inviteesAdditionally, any vehicles not complying with Landlord’s procedures Flight Attendant displaced who, while domiciled at DFW, BOS, ORD, SJU, LAX, MIA or parking in excess of such allotted number of spacesNYC, parked a car and continues to park a car at another airport and was fully reimbursed while domiciled at BOS, ORD, DFW, SJU, LAX, MIA, LGA or JFK, will continue to be fully reimbursed. 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 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.[SL KK]

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Parking. (a) Landlord hereby grants to Tenant During 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 leasedinitial Term, Tenant shall have the right to rent additional lease from Landlord, or Landlord shall cause the operator (the “Operator”) of the garage serving the Building (the “Garage”) to lease to Tenant, up to a total of eighty eight (88) unreserved parking spaces (based on a pro rata basis with other Tenantsratio of 1 space per 1,800 rsf of the Premises) in the Garage (the “Spaces”) for the use of Tenant and its employees, which shall Spaces shall be available to Tenant and its employees in phases as follows: (i) seven (7) unreserved Spaces shall be available to Tenant and its employees as of the Initial Premises Commencement Date; (ii) thirty (36) additional unreserved Spaces shall be available to Tenant and its employees as of the Second Phase Premises Commencement Date; (iii) twenty-five (25) additional unreserved Spaces shall be available to Tenant and its employees as of the Third Phase Premises Commencement Date; and (iv) the remaining twenty (20) unreserved Spaces shall be available to Tenant and its employees as of the Fourth Phase Premises Commencement Date. The Spaces shall be leased at the rate of $535 per unreserved Space, per month, plus applicable tax thereon, as such rate may be adjusted from time to time to reflect the then-current rate for parking in the Garage. The current rate for reserved parking spaces in the Garage is $650 per reserved Space, per month, plus applicable tax thereon. If requested by Landlord, at Tenant shall execute and deliver to Landlord the standard parking agreement used by Landlord or the Operator (the “Parking Agreement”) in the Garage for such Spaces. (b) No deductions or allowances shall be made for days when Tenant or any of its sole election, may designate the types, sizes, configuration, and locations of parking spaces within employees does not utilize the parking facilities which or for Tenant utilizing less than all of the Spaces. Tenant shall be allowed not have the right to uselease or otherwise use more than the number of unreserved Spaces set forth above. Landlord Tenant shall have the rightright to terminate its lease of any Spaces upon not less than sixty (60) days’ prior written notice to Landlord. If Tenant terminates the lease of any Spaces, at Tenant may thereafter request in writing that Landlord again lease such terminated Spaces, and if such Spaces are available for lease as determined by Landlord in Landlord’s sole electionreasonable discretion, then Landlord shall lease, or shall cause the Operator to lease, to change said types, sizes, configuration, and locations Tenant such Spaces within sixty (but never the number of 60) days after Tenant’s spaceswritten request for the same, provided that in no event shall Tenant have the right to lease more than eighty-eight (88) unreserved Spaces in the aggregate at any given time. Notwithstanding the foregoing, in addition to the lease of the Spaces, Tenant shall also have the right to lease additional unreserved parking spaces in the Garage on a month-to-month basis (each, a “Month-to-Month Space” and collectively, the “Month-to-Month Spaces”) for the use of Tenant and its employees, subject to such Month-to-Month Spaces being available for lease as determined by Landlord based upon Landlord’s reasonable discretion. The Month- to-Month Spaces shall be leased at the rate of $535.00 per Month-to-Month Space, per month, plus applicable tax thereon, as such rate may be adjusted from time-to-time to reflect the then current rate for parking in the Garage. If requested by Landlord, Xxxxxx shall execute and deliver to Landlord a Parking Agreement for any such Month-to-Month Spaces. All references in this Section 1 to the “Space(s)” shall include the Month-to-Month Space(s) during any time that Tenant is leasing any Month-to-Month Space(s) (subject to the terms and provisions set forth hereinabove with respect to such Month-to-Month Spaces). (c) Except for particular spaces and areas designated by Landlord or the Operator for reserved parking, all parking in the Garage shall be on an unreserved, first-come, first-served basis. (d) Neither Landlord nor the Operator shall be responsible for money, jewelry, automobiles or other personal property lost in or stolen from the Garage regardless of whether such loss or theft occurs when the Garage or other areas therein are locked or otherwise secured. Except as caused by the negligence or willful misconduct of Landlord and without limiting the terms of the preceding sentence, Landlord shall not be liable for any loss, injury or damage to persons using the Garage or automobiles or other property therein, it being agreed that, to the fullest extent permitted by law, the use of the Spaces shall be at the sole risk of Tenant and its employees. (e) Landlord or its Operator shall have the right from time to timetime to designate the location of the Spaces and to promulgate reasonable rules and regulations regarding the Garage, the Spaces and the use thereof, including, but not limited to, rules and regulations controlling the flow of traffic to and from various parking areas, the angle and direction of parking and the like. Following written notice thereof, Tenant shall comply with and cause its employees to comply with all such rules and regulations and all reasonable additions and amendments thereto. (f) Tenant shall not store or permit its employees to store any automobiles in the Garage without the prior written consent of Landlord. Except for emergency repairs, Tenant and its employees shall not perform any work on any automobiles while located in the Garage or on the Property. If it is necessary for Tenant or its employees to leave an automobile in the Garage overnight, Tenant shall provide Landlord with prior notice thereof designating the license plate number and model of such automobile. (g) Landlord or the Operator shall have the right to temporarily close the Garage or certain areas therein in order to perform necessary repairs, maintenance and improvements to the Garage; provided, however, such designation that Tenant shall be uniformly applied and shall not unfairly favor any tenant entitled to receive an abatement in the Building. Tenant’s right parking fee payable hereunder with respect to each Space that Tenant cannot use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer during any right to use any parking spaces except in connection with an assignment such period of this Lease or sublease closure of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approvalGarage. (bh) Commencing on the Rent Commencement Date, Tenant shall pay Landlord not assign or sublease any of the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with Spaces without the Monthly Rentconsent of Landlord. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the terminate Tenant’s parking 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 rights with respect to the parking, use, any Spaces that Tenant desires to sublet or transportation of motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollution. Tenant shall be responsible for the full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenantassign. (ci) If requested by Landlord, Tenant shall 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 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 parking rates, if any. At Landlord’s sole election, Landlord may make validation stickers available elect to Tenant for any provide parking cards or keys to control access to the Garage. In such additional parking spaces, provided, however, if Landlord makes validation stickers available to any other tenant in the Buildingevent, Landlord shall make such validation stickers available to Tenant. In the event provide Tenant exceeds the number of allotted parking spaces set forth in Article I(S) with one card or if Landlord has instituted a window sticker or other parking procedure and Tenantkey for each Space that Tenant is leasing hereunder at Landlord’s employeesexpense, customers or invitees do not comply with any such procedure, then in any of such events, provided that Landlord shall be entitled to, without any liability have the right 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, 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 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, and Landlord assumes no responsibility or liability 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 require Tenant or tenant’s employees, customers, agents, contractors its employees to place a deposit on such access cards or invitees. Tenant may not assign, transfer, sublease keys and to pay a fee for any lost or otherwise alienate the use of the parking facilities without Landlord’s prior written consentdamages cards or keys.

Appears in 2 contracts

Samples: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)

Parking. (a) Landlord hereby grants to Tenant the right, in common with others authorized by Landlord, to use the parking facilities owned by Landlord and located at the Property at no charge 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, 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 sole reasonable election, to equitably change said types, sizes, configuration, types and locations (but never the number of Tenant’s spaces) 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. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assignRing Central, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Inc. Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval.31 (b) Commencing on Landlord reserves the Rent Commencement Dateright to enforce parking. In the event Tenant exceeds its parking allotment provided under Article 1.S of the Lease, Tenant shall pay Landlord be required, 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 not exceeding its parking allotment, and Tenant’s failure to do so within said five (5) day period shall be a default under the Parking FeeLease. Thereafter, if anyTenant should again exceed its parking allotment, shown Tenant shall, without further notice from Landlord, be in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 default of the Lease. Consistent with Landlord’s policy, no reserved parking of motor vehicles, including all sums required stalls will be allotted 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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, 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 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 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, 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 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, Tenant and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease unless due to the gross negligence or otherwise alienate the use willful misconduct of the parking facilities without Landlord or Landlord’s prior written consentagents or employees.

Appears in 2 contracts

Samples: Office Lease, Office Lease (RingCentral Inc)

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Parking. (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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent13.1. In addition to the right reserved hereunder Parking Spaces which are being used by Landlord the Lessee in accordance with the Lease Agreement, the Lessee will be entitled to designate make use, for parking purposes only, in accordance with the parking rate from time to time, Landlord shall have the right to change the parking 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 provisions of the parking Lease Agreement and of motor vehiclesthis Addendum, including all sums required of 3 Parking Spaces, located in the Parking lot of building 3 of the Park, which will be allocated to be paid pursuant to transportation controls imposed it by the Environmental Protection Agency under Lessor (hereinafter, respectively: the Clean Air Act of 1970, as amended, or otherwise required to be paid by any governmental authority “Parking Spaces” and the “Parking Lot”). The usage rights with respect to the parkingParking Spaces will commence on May 1, use, or transportation of motor vehicles, or 2010 and will conclude on the reduction or control of motor vehicle traffic, or motor vehicle pollution. Tenant shall be responsible for the full amount of any special parking taxes imposed by any governmental authority in connection with the use termination date of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall notify Landlord Lessee’s lease of the license plate numberAdditional Area in accordance with this Addendum (hereinafter: the “License Period”). Notwithstanding the foregoing, yearit is hereby agreed between the parties that the Lessor will be entitled to cancel, make and model at any time during the License Period, the usage rights with respect to one Parking Space out of the automobiles entitled to use 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 mayParking Spaces, in its sole discretionexcusive judgment, 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 sole election, Landlord may make validation stickers available after issuing notice regarding the foregoing 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 TenantLessee (hereinafter: the “Notice”). In the event Tenant exceeds that the number Notice has been given, the Lessee will vacate and will cease all use of allotted parking spaces set forth 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 not for security or the provision of other services to the Lessee and/or for the vehicles which will park in Article I(S) or if Landlord has instituted a window sticker or other parking procedure the Parking Spaces. By signing this Addendum, the Lessee affirms that it is aware that the Lessor does not provide security services of any kind in the Parking lot. The Lessee hereby exempts the Lessor from any responsibility to provide security for the vehicles which will park in the Parking Spaces, and Tenant’s employeesthe provisions of the Bailees Law, customers or invitees do 5727-1967, will not comply with any such procedure, then in any of such events, Landlord shall apply to this Addendum. 13.3. It is hereby agreed that the Lessor will 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 Leasemodify, from time to time, close-off or restrict access to and in its exclusive judgment, 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 location 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 TenantParking Spaces, and Landlord assumes the Lessee will have no responsibility or liability of any kind whatsoever from whatever cause claim and/or demand and/or suit with respect to the automobile parking areasmodification of the location of the aforementioned Parking Spaces. 13.4. The Lessee will bear all taxes and fees which apply to the Parking Spaces, if any, including adjoining streetsand without derogating from the foregoing, sidewalksthe 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, drivewaysparking and traffic arrangements in the Parking lot, etc. — including instructions which will be 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 and passageways, or in the use thereof by Tenant or tenant’s employees, customers, agents, contractors or inviteesarea of the Parking lot. 13.7. Tenant may not assign, transfer, sublease or otherwise alienate With respect to the use of each one of the parking facilities without Landlord3 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 with the addition of duly 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 prior written consentaccount, which has been furnished to the Lessor in accordance with the provisions of the Lease Agreement. 13.8. The payment 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 Lessee in connection with additional areas and/or Parking Spaces in the Park.

Appears in 2 contracts

Samples: Lease Agreement (CollPlant Holdings Ltd.), Lease Agreement (CollPlant Holdings Ltd.)

Parking. Landlord shall provide Tenant with two point seven (a2.7) Landlord hereby grants parking permits for each one thousand (1,000) square feet in the Rentable Area of the Leased Premises, at the 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 Lease Term. If available, additional parking permits may be purchased by Tenant on a month to month basis at 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 rates set forth in Article 1(R) unless another tenant has a higher ratio of parking spaces to rentable square feet, in which event above. Tenant’s number employees shall not park their vehicles in the automobile parking areas of spaces shall the Common Areas and Facilities which may from time to time be increased accordingly, designated for patrons of Bellevue Place. Landlord at Tenant’s option, notwithstanding the number of Tenant’s employees, customers or invitees. However, until the Building is fully leased, Tenant all times 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 particular parking spaces within the parking facilities which Tenant shall areas to be allowed to use. Landlord shall have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of used by Tenant’s spaces) employees and any such designation may be changed from time to time. Tenant and its employees shall park their vehicles only in those portions of the Common Areas and Facilities, if any, designated for that purpose by Landlord. Tenant shall furnish Landlord with Tenant’s and Tenant’s employees’ state vehicle license numbers within fifteen (15) days after Tenant opens for business in the Leased Premises and Tenant shall thereafter notify Landlord of any changes within two (2) days after such change occurs. If Tenant or its employees fail to park their vehicles in designated parking areas, then Landlord, without limiting any 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 first violation of this provision and Tenant shall have two (2) days thereafter within which to cause the violation to be discontinued; and if not discontinued within such designation two-day period, then the vehicle fines shall commence. After notice of the first such violation, no notice of any subsequent violation shall be uniformly applied and shall not unfairly favor any tenant in the Building. Tenant’s right to use the parking spaces is appurtenant required prior to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use imposition of any parking spaces except in connection with an assignment fine. All amounts due under the provisions of this Lease or sublease of all or a portion of the Premises approved Section shall be additional rent and due and payable by Landlord or as permitted by this Lease without requiring Landlord’s approval. Tenant within ten (b10) Commencing on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 pollutiondays after demand therefor. Tenant shall be responsible for the full amount of any special parking taxes imposed by any governmental authority notify its employees in connection with the use writing of the parking facility by Tenantprovisions of this Section. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Office Lease (Smartsheet Inc), Office Lease (Smartsheet Inc)

Parking. (a) Parking on the Property is provided generally to tenants of the Building on a non-reserved, first-come-first-served basis. During the Term, Landlord hereby grants shall provide at least the same number of visitor parking spaces as are currently provided for the Building. Tenant and Tenant’s Occupants shall have the non-exclusive right (together with other tenants of the Building) without charge, other than as contemplated by Paragraph 5 with respect to Tenant the right, in common with others authorized by LandlordOperating Expenses, to use the parking facilities owned by Landlord and to use no more than the a number of parking spaces made available stalls located on the Property equal to Tenant as set forth in Article 1(R) unless another tenant has Tenant’s Parking Stall Allocation only, and shall not use a higher ratio number of parking spaces to rentable square feet, in which event stalls greater than Tenant’s number of spaces shall be increased accordinglyParking Stall Allocation (excluding de minimis, at Tenant’s optionoccasional excess use), 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. unless prior consent has been given by 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 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, however, such designation that as part of Tenant’s Parking Stall Allocation, Landlord shall be uniformly applied provide to Tenant, and shall not unfairly favor any tenant xxxx with appropriate signage (at Tenant’s cost), ten (10) reserved, covered parking stalls at no other additional cost in the Building. Tenant’s right to use parking structure serving the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except Building in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approvalmutually acceptable location. (b) Commencing on the Rent Commencement Date, Automobiles of Tenant and Tenant’s Occupants shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right be parked only within parking areas not otherwise reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided by Landlord, and only such specifically 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 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, or occupants associated with any other tenant. 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 TenantLandlord’s employees, customers agents or invitees do not comply contractors may cause to be removed any automobile of Tenant or Tenant’s Occupants that may be parked wrongfully in a prohibited or reserved parking area, provided that such prohibited or reserved parking area is adequately marked with any such procedure, then signs placed in any of such events, Landlord reasonable locations. Each Building lease shall be entitled to, without any liability contain limitations on parking substantially similar to Tenant, its employees, customers or invitees, any vehicles not complying with Landlord’s procedures or parking those contained 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, 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 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 TenantParagraph 19.1, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentshall diligently enforce such limitations in a nondiscriminatory manner.

Appears in 2 contracts

Samples: Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.)

Parking. The Project has five (a5) Landlord hereby grants to spaces per thousand square feet (or 820 parking spaces), of which twenty (20) spaces will be designated for exclusive use by Tenant in 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 location set forth in Article 1(R) unless another tenant has a higher ratio of on Exhibit G (such parking spaces spaces, the “Tenant Designated Parking”). Prior to rentable square feetthe Expansion Space Commencement Date, in which event Tenant’s number of spaces Landlord shall be increased accordingly, install at Tenant’s option, notwithstanding cost (but subject to including such cost in the number T.I. Allowance to the extent of such allowance as provided in Exhibit B) signage indicating that the designated parking spaces are reserved for the exclusive use of Tenant. It is agreed that except for the installation of the parking signage, Landlord shall have no obligation or responsibility to prohibit the use by other persons of the Tenant Designated Parking or to enforce Tenant’s employeesrights or use of the Tenant Designated Parking. Tenant shall be solely responsible for regulating and enforcing the use of the Tenant Designated Parking, customers and, when enforcing its rights, Tenant hereby agrees that it shall act in a commercially reasonable and non-discriminatory manner and in compliance with all laws. Tenant shall indemnify and hold harmless Landlord from any claim from any person for damage, loss, or inviteesexpense that arises from any Tenant action to enforce its rights related to the Tenant Designated Parking. However, until During the Building is fully leasedinitial term of this Lease and any renewal term Landlord’s reasonable maintenance expenses incurred in maintaining signage related to the designated parking shall be at Tenant’s sole cost and expense. In addition to the Tenant Designated Parking, 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 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, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. Tenant’s non-exclusive right to use the parking spaces is appurtenant lot serving the Building. Landlord may make, modify and enforce reasonable rules and regulations relating to the Premises parking of vehicles, and Tenant may agrees to abide by such rules and regulations. Except as set forth above, this Lease does not assigngrant Tenant (or its agents, sublet or otherwise transfer any employees, contractors and visitors) the exclusive right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of areas serving the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly RentBuilding. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 designate specific portions 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 lot as reserved areas for herein are provided solely visitors and access for the accommodation of disabled. Notwithstanding the foregoing, in the event that Tenant’s parking requirements require modification necessitating additional parking spaces for its agents, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assignvisitors, transfer, sublease or otherwise alienate the Landlord shall use of commercially reasonable efforts to increase the parking facilities without Landlord’s prior written consentspaces available to Tenant, provided, that, Tenant shall be responsible for any additional expenses or costs incurred by Landlord to increase the parking spaces available to the Tenant.

Appears in 2 contracts

Samples: Office Lease Agreement (Emdeon Inc.), Office Lease Agreement (Emdeon Inc.)

Parking. Subject to all matters of record, Force Majeure (aas defined in Section 37 below), a casualty or Taking (as defined in Section 15 below) Landlord hereby grants to Tenant and the right, in common with others authorized by Landlord, to use the parking facilities owned exercise by Landlord and to use no more than the number of parking spaces made its rights hereunder, Landlord shall make available to Tenant as set forth at then-current market rates from time to time a license for 17 parking spaces in Article 1(R) unless another tenant has a higher ratio the surface parking lots at the Project or at the “Xxxxx Lot” at 000 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx, all of such parking spaces to rentable square feet, in which event Tenant’s number be on a non-reserved basis. During the first 12 months 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 leasedTerm, Tenant shall have the right but not the obligation to rent additional spaces on a pro rata basis with other Tenants. Landlordlicense such 17 parking spaces, at its sole election, but for the remainder of the Term (as the same may designate the types, sizes, configuration, and locations of parking spaces within the parking facilities which be extended) Tenant shall be allowed obligated to uselicense the 17 parking spaces at then-current market rates from time to time. With respect to such initial 12-month period, Tenant shall notify Landlord prior to the Commencement Date as to how many of the 17 parking spaces that Tenant will license hereunder and Tenant shall give Landlord 30 days’ notice if it wishes to license additional spaces, up to 17 spaces in the aggregate hereunder. Landlord shall not be responsible for enforcing Tenant’s parking rights against any third parties, including without limitation other tenants of the Project. Landlord shall have the right, exercisable by notice to Tenant given at Landlord’s sole electionany time during the Term, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) from time to time; provided, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of relocate all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 parking rates, if any. At Landlord’s sole election, Landlord may make validation stickers made available to Tenant for any such additional parking spaces, provided, however, if Landlord makes validation stickers available hereunder to any other tenant in another location within a 7-minute walk of 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Eleven Biotherapeutics, Inc.), Lease Agreement (Eleven Biotherapeutics, Inc.)

Parking. (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 use with other Tenants. Landlord, at its sole election, may designate tenants or occupants of the types, sizes, configuration, and locations of Complex 67 parking spaces within in the common parking facilities which areas of the Complex. Tenant agrees, that Tenant, Tenant's employees, agents, representatives and/or invitees shall be allowed not use parking spaces in excess of said 67 spaces allocated to useTenant hereunder. Landlord shall have the right, at Landlord’s 's sole electiondiscretion, to change said typesspecifically designate the location of Tenant's parking spaces within the common parking areas of the Complex in the event of a dispute among the tenants occupying the building and/or Complex referred to herein, sizesin which event Tenant agrees that Tenant, configurationTenant'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, may be relocated by Landlord at any time, and locations (but never the number of Tenant’s spaces) from time to time; provided. Landlord reserves the right, howeverat Landlord's sole discretion, such to rescind any specific designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. of parking spaces, thereby returning Tenant’s right to use the 's parking spaces is appurtenant to the Premises and common parking area. Landlord shall give Tenant may not assign, sublet or otherwise transfer written notice of any right to use any change in Tenant's parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Date, spaces. Tenant shall pay Landlord the Parking Feenot, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking rate at any time, hut never to exceed fair market rental for similar spaces similarly situated in Cambridgepark, MA, to include therein any amounts levied, assessed, imposed or required permit to be paid to parked, 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, trucks or otherwise required to be paid by any governmental authority with respect vehicles adjacent 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 full amount of loading areas so as to interfere in any special parking taxes imposed by any governmental authority in connection way with the use of such areas, nor shall Tenant at any time park, or permit the parking facility 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. (c) If requested by Landlord, . Tenant shall notify Landlord not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the license plate number, year, make and model common parking area or other common areas of the automobiles entitled 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 attached violation stickers or notices to such vehicles. Tenant shall use the parking facilities and if requested by Landlord, such automobiles shall be identified by automobile window stickers provided by Landlordareas for vehicle parking only, and only such designated automobiles shall be permitted to not use the parking facilities. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional parking spaces areas for use by customers and invitees of Tenant 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 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, 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 have all the rights of control attributed hereby to the Landlordstorage. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Transmeta Corp), Lease Agreement (Transmeta Corp)

Parking. (a) Landlord hereby grants to Tenant the right, and Tenant’s Agents a non-exclusive license in common with others authorized by Landlord, other tenants of the Property to use parking areas located on the Property for parking facilities owned by Landlord 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 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 areas not designated for 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 have the right, at Landlord’s sole electiondiscretion (but subject to any covenants or restrictions encumbering the Property), to change said types, sizes, configuration, and locations (but never specifically designate the number location of Tenant’s spacesparking 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, at any time; provided, howeverpark, or permit the parking of the trucks or vehicles of Tenant or Tenant’s Agents in any portion of the Common Area not designated by Landlord for such designation shall be uniformly applied use by Tenant. Provided that Landlord and shall not unfairly favor any tenant its agents may also use the parking areas in connection with the Building. performance of its obligations or exercise of its rights under this Lease, Tenant’s right to use parking shall be equal to Tenant’s Share of parking (where the parking spaces is appurtenant denominator used to determine such share shall equal the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment sum of this Lease or sublease the square footages of all of the Rentable Area of the Property). Tenant shall not park nor permit to be parked any inoperative vehicles or a store any materials or equipment on any portion of the Premises approved parking area or other areas of the Common Area. Tenant agrees to assume responsibility for compliance by Landlord or as permitted by this Lease without requiring LandlordTenant’s approval. (b) Commencing on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance Agents with the Monthly Rentparking provisions contained in this Section. Tenant hereby authorizes Landlord at Tenant’s expense to attach violation stickers or notices to such vehicles not parked in compliance with this Section and to tow away any such vehicles. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to timeaddition, Landlord shall have the right to change the parking 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 a specific section of the parking of motor vehicles, including all sums required to area may be paid pursuant to transportation controls imposed set aside 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 Landlord for visitor parking for the full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by TenantProperty. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Silicon Graphics Inc), Lease Agreement (Silicon Graphics Inc)

Parking. Effective as of August 1, 2010, an additional sixty-three (a63) Landlord hereby grants unreserved parking spaces shall be allocated to Tenant without charge so that Tenant shall then have the rightnonexclusive use on a “first-come” “first served” basis for passenger-size automobiles of a total of one hundred sixty-two (162) unreserved parking spaces in the surface parking area associated with the Building on the terms of the Lease. Tenant shall at all times abide by and 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 reasonably establishes from time to time, in common with others authorized by Landlord, and otherwise agrees to use the parking facilities owned by in a safe and lawful manner. 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 reserves the right to rent additional spaces on a pro rata basis with other Tenants. Landlordadopt, at its sole election, may designate the types, sizes, configuration, modify and locations of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 enforce the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate 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 parking facilities, and any violation of the Parking Rules shall subject the car to removal from the parking 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 parking facilities (including without limitation, any loss or damage to tenant’s automobile or the contents thereof due to theft, vandalism or accident), nor for any personal injuries or death arising out of the use of the parking facilities by Tenant or any Tenant Entity, whether or not such loss or damage results from Landlord’s prior written consentactive 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 require that the Tenant Entities look first to their respective insurance carriers for payment of any losses sustained in connection with any use of the parking facilities except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents. Tenant hereby waives on behalf of its insurance carriers all rights of subrogation against Landlord or Landlord’s agents.

Appears in 2 contracts

Samples: Lease Agreement (Reata Pharmaceuticals Inc), Lease (Reata Pharmaceuticals Inc)

Parking. (a) Throughout the Lease Term and any extensions thereof, Landlord hereby grants shall make available to Tenant a number of automobile parking spaces (on an unassigned, non-exclusive basis) in the rightparking area of the Park based on a formula of four (4) parking spaces for each 1,000 square feet of rentable area within the Leased Premises, rounded up to the nearest whole number of spaces. Such parking shall be at no additional cost to Tenant. The designated parking area for the Building is depicted in common with others authorized by Landlord, Exhibit E attached hereto. Tenant agrees not to use overburden the parking facilities owned by and agrees to cooperate with Landlord and to use no more than the number of parking spaces made available to Tenant as set forth other tenants 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by facilities. Landlord reserves the right 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 event of any such allocation due to crowded parking facilities, (a) Landlord shall not provide reserved parking to any other tenant of the Building without also providing reserved parking to Tenant. , and (cb) If requested by Landlord, such allocated parking provided to Tenant shall notify Landlord be equal to or greater than the number of spaces that would be provided to Tenant based on the license plate number, year, make and model of the automobiles entitled to use the formula set forth hereinabove. There will be no assigned parking facilities and if requested by unless 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 deems such assigned parking spaces for use by customers and invitees of Tenant on a daily basis at prevailing parking rates, if anyadvisable. At Landlord’s sole election, Landlord No vehicle 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 be repaired or serviced in the Buildingparking area and any vehicle brought into the parking area by Tenant, Landlord shall make such validation stickers available to Tenant. In the event Tenant exceeds the number or any 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 any of such events, Landlord shall be entitled to, without any liability to Tenant, its employees, customers contractors or invitees, and deemed abandoned by Landlord will be towed and all costs thereof shall be borne by the Tenant. All driveways, ingress and egress, and all parking spaces are for the joint use of all tenants. There shall be no parking permitted on any vehicles not complying with Landlord’s procedures of the streets or parking in excess of such allotted number of spacesroadways located within the Park. In addition, 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 its employees will not park in 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 have all the rights of control attributed hereby to the Landlordspaces designated visitor parking. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Office Lease (MaxPoint Interactive, Inc.), Office Lease (MaxPoint Interactive, Inc.)

Parking. (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 use with other Tenants. Landlord, at its sole election, may designate tenants or occupants of the types, sizes, configuration, and locations of Complex 117 parking spaces within in the common parking facilities which areas of the Complex. Tenant agrees, that Tenant, Tenant's employees, agents, representatives and/or invitees shall be allowed not use parking spaces in excess of said 117 spaces allocated to useTenant hereunder. Landlord shall have the right, at Landlord’s 's sole electiondiscretion, to change said typesspecifically designate the location of Tenant's parking spaces within the common parking areas of the Complex in the event of a dispute among the tenants occupying the building and/or Complex referred to herein, sizesin which event Tenant agrees that Tenant. Tenant's employees, configurationagents, 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, may be relocated by Landlord at any time, and locations (but never the number of Tenant’s spaces) from time to time; provided. Landlord reserves the right, howeverat Landlord's sole discretion, such to rescind any specific designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. of parking spaces, thereby returning Tenant’s right to use the 's parking spaces is appurtenant to the Premises and common parking area. Landlord shall give Tenant may not assign, sublet or otherwise transfer written notice of any right to use any change in Tenant's parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Date, spaces. Tenant shall pay Landlord the Parking Feenot, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking rate at any time, hut never to exceed fair market rental for similar spaces similarly situated in Cambridgepark, MA, to include therein any amounts levied, assessed, imposed or required permit to be paid to parked, 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, trucks or otherwise required to be paid by any governmental authority with respect vehicles adjacent 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 full amount of loading areas so as to interfere in any special parking taxes imposed by any governmental authority in connection way with the use of such areas, nor shall Tenant at any time park, or permit the parking facility 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. (c) If requested by Landlord, . Tenant shall notify Landlord not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the license plate number, year, make and model common parking area or other common areas of the automobiles entitled 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 attach violation stickers or notices to such vehicles. Tenant shall use the parking facilities and if requested by Landlord, such automobiles shall be identified by automobile window stickers provided by Landlordareas for vehicle parking only, and only such designated automobiles shall be permitted to not use the parking facilitiesareas for storage. 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 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 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, 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 have all the rights of control attributed hereby to the LandlordSee Paragraph 55. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Saba Software Inc), Lease Agreement (Saba Software Inc)

Parking. (a) Subject to all matters of record, Force Majeure, a Taking and the exercise by Landlord hereby grants to of its rights hereunder, Tenant shall have the right, in common with others authorized 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 use the parking facilities owned be reasonably agreed upon by Landlord and to use no more than the number of Tenant. The 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 accordinglysubject to such reasonable rules and regulations as may be in effect for the use of the parking garage/areas from time to time (including, at 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 that access to the parking spaces by Tenant’s option, notwithstanding the number of Tenant’s employees, customers or invitees. However, until the Building is fully leased, Tenant employees shall have the right to rent additional spaces be 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 use24/7 basis. Landlord shall have the right, at Landlord’s sole election, not be liable to change said types, sizes, configurationTenant, and locations (but never the number of Tenant’s spaces) from time to time; provided, however, such designation shall be uniformly applied and this Lease shall not unfairly favor be affected, if any tenant in the Buildingparking rights of Tenant hereunder are impaired by Applicable Law. Tenant’s right to use the parking spaces is appurtenant Notwithstanding anything to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to timecontrary contained herein, Landlord shall have the right to change relocate the surface parking rate spaces to the following garages in order of priority: (1) the CambridgeSide Galleria Parking Garage located at any time, hut never to exceed fair market rental for similar spaces similarly situated 000 XxxxxxxxxXxxx Xxxxx in Cambridge; (2) the First Street Garage located on Spring Street in Cambridge; and (3) the common parking facility that serves the buildings located at 000 Xxxxxxx Xxxxxx, MA650 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 include therein any amounts levied, assessed, imposed or required relocate the surface parking spaces to be paid to any governmental authority on account an alternate public parking facility of comparable quality located no further than one third mile from the parking Project and located within the City 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 pollutionCambridge. Tenant shall be responsible for the full amount 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 any special parking taxes imposed such fee by any governmental authority in connection with Landlord or the use owner or operator of the parking facility by Tenant. garage. Within thirty (c30) If requested by Landlorddays after the Effective Date and each anniversary of the Lease Commencement Date, Tenant shall notify provide Landlord written notice of the license plate number, number of parking spaces allocated to Tenant that Tenant is committed to using each year, make and model . If the number of the automobiles entitled to use the parking facilities and if spaces requested by LandlordTenant is less than the 28 garage spaces and 15 surface spaces allocated to Tenant, such automobiles shall be identified by automobile window stickers provided by Landlord, and only such designated automobiles shall be permitted then Landlord reserves the right to use allocate the excess parking facilitiesspaces to other occupants in the Building on monthly basis. If Landlord institutes such an identification procedureUpon sixty (60) days notice from Tenant, Landlord may, in its sole discretion, provide additional shall arrange for such reallocated parking spaces to be restored for use by customers and invitees of Tenant’s non-exclusive use. Tenant on a daily basis at prevailing parking rates, if any. At Landlord’s sole election, Landlord may make validation stickers available shall have no right to Tenant for any such additional hypothecate or encumber the parking spaces, providedand shall not sublet, howeverassign, if Landlord makes validation stickers available to any other tenant in or otherwise transfer the Building, Landlord shall make such validation stickers available to Tenant. In the event Tenant exceeds the number of allotted parking spaces other than to 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 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 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, approval (as amended from time to time, close-off or restrict access the “PTDM”), remains applicable to the parking facility Project, (i) offer to subsidize mass transit monthly passes for purposes all of permitting or facilitating necessary construction, alteration or improvement. its employees; (ii) implement a Commuter Choice Program; (iii) discourage single-occupant vehicle use by its employees; (iv) promote alternative modes of transportation and use of alternative work hours; (v) meet with Landlord may delegate and/or its responsibilities hereunder representatives no more than quarterly to a parking operator or a lessee of the parking facility discuss transportation programs and initiatives; (vi) participate in which case such parking operator or lessee shall have all the rights of control attributed hereby annual surveys monitoring transportation programs and initiatives; (vii) cooperate with Landlord in connection with transportation programs and initiatives promulgated pursuant to the LandlordPTDM; (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 transportation. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease (Bluebird Bio, Inc.), Lease Agreement (Bluebird Bio, Inc.)

Parking. (a) Landlord hereby grants to Tenant the right, in common with others Tenant’s Invitees are 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 Tenant’s Parking Allocation (as set forth in Article 1(R) unless another tenant the Summary of Basic Terms). Landlord represents to Tenant that Landlord has rights in Parking Garage A consistent with Tenant’s rights under this Section, as provided for in the Declaration. Tenant shall pay to or at the direction of Landlord a higher ratio of monthly parking spaces to rentable square feetcharge, in which event Tenant’s number addition to Base Rent, for each parking space that Tenant is authorized to use based on the fair market charge for similar spaces in the market area of spaces shall be increased accordinglythe Project, 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, as determined and locations of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) adjusted by Parking Garage A Owner from time to time; provided, however, such designation shall be uniformly applied and . Tenant shall not unfairly favor (i) permit any tenant in the Building. of Tenant’s right Invitees (other than visitors) to use 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 parking spaces is appurtenant to the Premises and Tenant may not assigntotal number of passenger automobiles parked in Parking Garage A by Tenant’s Invitees, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking rate at any time, hut never to exceed fair market rental for similar spaces similarly situated the number specified in Cambridge, MA, to include therein any amounts levied, assessed, imposed or required to be paid to any governmental authority on account Item 8 of the parking Summary of motor vehiclesBasic Terms, including all sums required (iv) permit any passenger vehicles of Tenant’s Invitees 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 park in 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided by LandlordParking Areas other than Parking Garage A, and only such (v) except for delivery trucks using designated automobiles shall be permitted to use the parking loading and unloading facilities. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional parking spaces for use by customers and invitees permit any of Tenant 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 Invitees to park any such procedure, then in any of such events, vehicle on the Project other than passenger automobiles. 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 and/or Other Landlords may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off designate one or restrict access more spaces in Parking Garage A as reserved for the exclusive use of one or more of the tenants of the Project and/or for Landlord’s and/or Other Landlords’ Invitees, so long as Landlord causes to be available to Tenant 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 have all the rights of control attributed hereby to the Landlordrequired by this Section. (db) The parking facilities provided for herein are provided solely for the accommodation of TenantLandlord assigns to Parking Garage A Owner any and all right, title and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause interest with respect to the automobile parking areascharges for the parking spaces that Tenant is authorized to use (such parking charges being called “Tenant’s Parking Charges”). Landlord hereby directs Tenant to pay Tenant’s Parking Charges to Parking Garage A Owner or to an operator of Parking Garage A designated by Parking Garage A Owner (an “Operator”), including adjoining streetswhich payments shall satisfy Tenant’s obligations under this Lease with respect to Tenant’s Parking Charges as if they had been made directly to Landlord. Tenant acknowledges that Landlord has assigned to Parking Garage A Owner any and all right, sidewalkstitle and interest with respect to Tenant’s Parking Charges, driveways, property and passageways, shall pay Tenant’s Parking Charges to Parking Garage A Owner or the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentOperator when due.

Appears in 2 contracts

Samples: Lease Agreement (Genocea Biosciences, Inc.), Lease Agreement (Genocea Biosciences, Inc.)

Parking. (a) Landlord hereby grants to Tenant Throughout 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 leasedLease Term, Tenant shall have the right to rent additional spaces use, on a pro rata basis “first-come, first-serve” basis, in common with other Tenants. Landlord, at its sole election, may designate tenants of the types, sizes, configuration, Building and locations free of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall have the rightcharges, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) unreserved parking spaces set forth in Section 12 of the Summary, which unreserved parking spaces are located in the Parking Facility servicing the Building as shall be designated by Landlord from time to time; provided, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in time for unreserved parking for the tenants of the Building. Tenant’s continued right to use the parking spaces is appurtenant to conditioned upon (i) Tenant abiding by (A) the Premises Parking Rules and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except Regulations which are in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing effect on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article Idate hereof, as Additional Rent, payable monthly set forth in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate attached Exhibit D and all modifications and additions thereto which are prescribed from time to timetime for the orderly operation and use of the Parking Facility by Landlord, and/or Landlord’s Parking Operator (as defined below), and (B) all recorded covenants, conditions and restrictions affecting the Building, and (ii) upon Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with the 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 shall have specifically reserve the right to change the parking rate at any timesize, hut never to exceed fair market rental for similar spaces similarly situated in Cambridgeconfiguration, MAdesign, to include therein any amounts leviedlayout, assessed, imposed or required to be paid to any governmental authority on account location and all other aspects of the parking of motor vehiclesParking Facility (including without limitation, including all sums required to be implementing 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 visitor 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, from time to time, close-off or restrict access to the parking facility for purposes of permitting or facilitating necessary construction, alteration or improvementParking Facility. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of (the parking facility “Parking Operator”) in which case such parking operator or lessee the Parking Operator shall have all the rights of control attributed hereby to Landlord. Any parking tax or other charges imposed by governmental authorities in connection with the use of such parking shall be paid directly by Tenant or the parking users, or, if directly imposed against Landlord. , Tenant shall reimburse Landlord for all such taxes and/or charges within ten (d10) business days after Landlord’s demand therefor. The parking facilities rights provided for herein to Tenant pursuant to this Article 23 are provided solely for the accommodation of use by Tenant’s own personnel and such rights may not be transferred, and Landlord assumes no responsibility assigned, subleased or liability 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 otherwise alienated by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentapproval, except in connection with an assignment of this Lease or sublease of the Premises made in accordance with Article 14 above. All visitor parking by Tenant’s visitors shall be subject to availability, as reasonably determined by Landlord (and/or the Parking Operator, as the case may be), parking in such visitor parking areas as may be designated by Landlord (and/or the Parking Operator from time to time, and payment by such visitors of the prevailing visitor parking rate (if any) charged by Landlord (and/or the Parking Operator) from time to time.

Appears in 2 contracts

Samples: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)

Parking. (a) Landlord hereby grants agrees that, provided that no Event of Default shall be continuing hereunder. Landlord will confer upon Tenant, 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 rightPremises. Tenant shall pay to Landlord monthly, in common with others authorized 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 being offered to the general public by Landlord, to use as the parking facilities owned same may be adjusted 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 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, however, such designation . Any parking fees due hereunder shall be uniformly applied and shall not unfairly favor any tenant in constitute Additional Rent under this Lease. On or before the Building. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Date, Tenant shall pay send Landlord written notice setting forth the number of Parking FeeSpaces (up to an aggregate maximum of sixteen (16)) that Tenant elects to use and license in the 000 Xxxxx Xxxxxxxxx Xxxxxx garage, if anyand Tenant shall be deemed to have irrevocably and unconditionally relinquished, shown in Article Ifor the entire term of this Lease and any Renewal Term, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking rate at use or license any time, hut never to exceed fair market rental for similar spaces similarly situated Parking Spaces in Cambridge, MA, to include therein any amounts levied, assessed, imposed or required to be paid to any governmental authority on account such garage in excess of the parking number of motor vehiclessuch spaces set forth in Tenant’s notice. Tenant and its employees shall comply with all Legal Requirements and all of Landlord’s reasonable rules, including all sums required to be paid pursuant to transportation controls imposed by regulations and security requirements in connection with Tenant’s use of 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 pollutionParking Spaces. Tenant shall be responsible for the full amount any loss, damage or injury to persons or property caused as a result of any special parking taxes imposed by any governmental authority in connection with the its or its employees’ use of the Parking Spaces or the parking facility area in which the Parking Spaces are located (including, 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 Parking Spaces or parking area. Tenant shall not be permitted to perform any Alterations with respect to the 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 Parking 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 interest in this Lease (as governed by Article 14 hereof). (b) Notwithstanding anything to the 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 thereof from Landlord to Tenant, (ii) fails to take possession of all or substantially all of the Parking Spaces within six (6) months after the 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 Parking Spaces (or any portion thereof) which Tenant has the right to use under this Section 10.7 on a regular and consistent basis, and such failure continues for a period of 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 the reduction of Parking Spaces (or any portion thereof)) and Landlord shall be free to use (or grant or confer upon any other Person the right to use) all or any such Parking Space(s) upon such terms and conditions as Landlord shall determine, in its sole discretion. (c) If requested by Notwithstanding anything to the contrary contained in this Section 10.7, if at any time during the Term 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”), unless as a result of Landlord’s continuing default under the Lease, Tenant shall notify have no right to license the Parking Spaces, and 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 receipt of written notice from 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 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 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 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, 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 have all the rights of control attributed hereby to the Landlordrevocation. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Groupon, Inc.), Lease Agreement (Groupon, Inc.)

Parking. Tenant shall, throughout the Term (a) Landlord hereby grants to Tenant the rightas may be extended), 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. Landlorduse, at its sole electionwithout the obligation to pay any parking charges therefor, may designate the types, sizes, configuration, and locations of parking spaces within the parking facilities which Tenant shall be allowed up to use. Landlord shall 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, however, such designation shall be uniformly applied Reserved Passes for reserved and shall not unfairly favor any tenant covered parking spaces in the Building. Tenant’s right to use the Parking Facility and Unreserved Passes for unreserved and either uncovered or covered parking spaces is appurtenant to (as may be designated by Landlord from time-to-time) in the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except Parking Facility as stated in connection with an assignment of this Lease or sublease of all or a portion Section “E” of the Premises approved by Landlord or as permitted by this Summary of Basic 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 I, as Additional Rent, payable monthly in advance with the Monthly RentInformation. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change establish such reasonable non-discriminatory rules and regulations as may be deemed desirable, at Landlord’s reasonable discretion, for the parking 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 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 of motor vehiclesgates, including all sums required cards, permits and other control devices 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 full amount of any special parking taxes imposed by any governmental authority in connection with regulate the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided by Landlord, and only such designated automobiles shall be permitted to use the parking facilitiesareas. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional parking spaces for use by customers and invitees The rights of Tenant 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 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, 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 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, and Landlord assumes no responsibility or liability 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, agentsservice suppliers and invitees to use the Parking Facility shall, contractors 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 inviteeswho 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 may not assign, transfer, sublease or otherwise alienate the agrees to limit its use of the Parking Facility to the number and type of parking facilities without Landlord’s prior written consentspaces specified in Section “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 suffered by Tenant or any of its employees, customers, service suppliers or other invitees in connection with their use of the Parking Facility. Tenant understands and agrees that, while the Parking Facility will be 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 6:30 p.m. through 7:00 a.m. Monday through Saturday morning, after 1:30 p.m. on Saturday, and all day on Sunday and holidays.

Appears in 2 contracts

Samples: Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Fusion-Io, Inc.)

Parking. (ai) Landlord hereby grants to Tenant Commencing on 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 leasedTerm Commencement Date, Tenant shall have the appurtenant right to rent additional 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 a pro rata basis with other Tenants. Landlord, at its sole election, may designate the types, sizes, configurationProperty and/or within the Building, and locations the location of said parking spaces within spaces, and the layout and location of the parking facilities which Tenant shall be allowed to use. Landlord shall have the rightfacilities, at Landlord’s sole election, are subject to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) from time to time; provided, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. Tenant’s right to use the such parking spaces is appurtenant to the Premises and Tenant may not assign, sublet shall be non-exclusive. (ii) None of Tenant’s parking rights hereunder shall be assigned or otherwise transfer any right to use any parking spaces sublicensed except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as Transfer 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 under Article I, as Additional Rent, payable monthly in advance with the Monthly Rent13. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the make such parking 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 available pursuant to transportation controls imposed by the Environmental Protection Agency under the Clean Air Act of 1970, as amended, a pass system or otherwise required to be paid by on 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided other reasonable basis determined by Landlord, and only such designated automobiles parking rights shall be permitted subject 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 parking rates, if any. At Landlord’s sole election, Landlord may make validation stickers available to reasonable rules and regulations of which 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 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 Leaseis provided written notice, from time to time, close-off or restrict access and the right of Landlord to limit the number of parking facility for purposes of permitting or facilitating necessary construction, alteration or improvement. Landlord may delegate its responsibilities hereunder spaces available 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 employees and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect to the automobile parking areasinvitees, including adjoining streets, sidewalks, driveways, property and passageways, or the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate 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 facilities without Landlordspaces 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 entitled under this Lease. Landlord shall incur no liability to Tenant as a consequence of such over-allocation of parking spaces. Landlord shall have the right to alter the parking areas or their operation from time to time, and to temporarily close portions thereof for maintenance as necessary. Tenant’s prior written consentparking privileges constitute a license only, and no bailment is intended or shall be created. Neither Landlord nor any parking operator of the parking areas will have any responsibility for loss or damage due to fire or theft or otherwise to any automobile parked in the parking areas or to any personal property therein.

Appears in 2 contracts

Samples: Lease Agreement (Keros Therapeutics, Inc.), Lease Agreement (Keros Therapeutics, Inc.)

Parking. (a) Landlord hereby grants Tenant will have the right to utilize it’s pro-rata share of the parking spaces in the project’s parking structure and in the surface parking lots at no cost during the initial Lease Term and any extensions, including up to 10 reserved spaces in a location that includes the ten closest spaces to the entry door into the Building from the covered garage that were assigned to Tenant pursuant to the Original Lease. Throughout the Term, Tenant and/or its employees shall have the right, in common with others authorized by Landlordwithout additional cost, to use park their automobiles in the surface and garage parking facilities owned by Landlord and to use no more than areas provided for the number of Building. Such 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 accordinglyavailable on a first-come, first-served basis (except as otherwise provided above), subject, however, to the rights of any other tenant of the Building to park automobiles in reserved parking spaces as provided in its lease. Landlord reserves the right, at Tenant’s optionany time or from time to time during the Term, notwithstanding to control access to the number surface and garage parking areas, by use of Tenant’s mechanical or electric devices or otherwise, to tenants of the Building and their employees, customers or inviteesprovided that Landlord shall reserve at least twelve (12) parking spaces for parking for visitors of the Building. HoweverIf, until at any time during the Term, Landlord implements a controlled access system for the Building is fully leasedparking areas, Tenant shall have the right without additional cost, to rent additional use unassigned parking spaces in the structured parking and the surface parking lots on a pro pro-rata basis with other Tenantsbased on the square footage of the Leased Premises. Landlord, at Neither Tenant nor any of its sole election, may designate the types, sizes, configuration, and locations of parking spaces within the parking facilities which Tenant employees shall be allowed to use. Landlord shall 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without for storage of vehicles (or any other item such as boats or trailers) or park its or their automobiles in any portion of the Building parking areas reserved for visitor or handicapped parking or for parking of automobiles belonging to other tenants of the Building. Tenant shall cause its employees to abide by any parking reservation system implemented from time to time by Landlord’s prior written consent. Any failure to abide by the parking restrictions implemented by Landlord shall entitle Landlord to have the vehicles parked in violation of the restrictions towed away at the risk and expense of the vehicle owner.

Appears in 2 contracts

Samples: Lease Agreement (Comscore, Inc.), Lease Agreement (Comscore, Inc.)

Parking. (a) Landlord hereby grants to Tenant At all times during the rightTerm, and conditioned upon this Lease being in common with others authorized by Landlord, to use the parking facilities owned by Landlord full force and to use effect and there being no more than the number Event 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 leasedDefault hereunder, 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided by Landlord, and only such designated automobiles shall be permitted to use the parking facilitiesParking Spaces designated in Article 1.1 of this Lease, subject to the Rules and Regulations set forth in Exhibit E, and any amendments or additions to such Rules and Regulations. 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 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 Except as set forth in Article I(S) or if Landlord has instituted a window sticker or other parking procedure and 1.1(t), the Parking Spaces will be used by Tenant and/or Tenant’s employees, customers guests and/or visitors on an unassigned, nonreserved, and nondesignated basis or invitees do not comply with any such procedure, then in any of such events, other basis as 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, directs from time to time. Each time during the Term that Tenant does not pay for one or more Parking Spaces for three (3) consecutive months, close-off or restrict access then the number of Parking Spaces which Tenant shall be permitted to use for the remainder of the Term shall be reduced to the parking facility number of Parking Spaces for purposes of permitting or facilitating necessary construction, alteration or improvementwhich Tenant has paid during said three (3) consecutive months. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee 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), payable in advance by Tenant to Landlord together with the Monthly Base Rent and subject to adjustment from time to time by Landlord so as to make such rental substantially equivalent to then current market rental rates for similar parking facility in which case such parking operator or lessee spaces at the Project. Notwithstanding the foregoing, Landlord shall have xxxxx the monthly rental for all the rights of control attributed hereby to the Landlord. (d) The parking facilities provided for herein are provided solely Parking Spaces for the accommodation first twelve (12) months of Tenant’s occupancy of the Premises. Provided that Landlord is using commercially reasonable efforts to, and diligently pursues to completion of, the restoration and repair of the Parking Spaces, then if Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect fails to the automobile parking areas, including adjoining streets, sidewalks, driveways, property and passagewaysprovide, or Tenant is not permitted to utilize, the use Parking Spaces or any portion thereof for reasons of repair, maintenance or safety, such fact shall not be deemed to be a default by Landlord but rental for any Parking Space which is not provided by Landlord shall be abated for so long as Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant may does not assign, transfer, sublease or otherwise alienate have the use of the parking facilities without Landlord’s prior written consentsuch Parking Space. Such abatement shall constitute full settlement of all claims that Tenant might otherwise have against Landlord by reason of such failure.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Zillow Inc)

Parking. (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 use without charge on a pro rata basis non-reserved basis, in common with other Tenants. Landlordtenants or occupants of the Project and such other persons or groups as Landlord may specify, at its sole election, may designate the types, sizes, configuration, and locations number of parking spaces within designated in Paragraph 1 above, subject to the rules and regulations of Landlord (or any concessionaire of Landlord's) for such parking facilities which may be established or altered by Landlord at any time or from time to time during the Term hereof. Landlord specifically reserves the right to alter that nature of character of the parking facilities which Tenant shall be allowed to use. Landlord shall 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. In addition to Landlord's rules and regulations, howeverTenant shall abide by the terms and provisions of any recorded easement, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. Tenant’s right to declaration or other agreement or instrument governing use of the parking spaces is appurtenant to facilities. Tenant shall in writing furnish Landlord with its and its employees' license numbers within fifteen (15) days after taking possession of the Premises and Tenant shall thereafter notify Landlord of any change within five (5) business days after such change occurs. If Tenant or its employees fail to park their cars in designated parking areas, then such failure shall be and Landlord may not assigncharge Tenant, sublet without prior notice, ten dollars ($10) per day for each day or otherwise transfer partial day per car parked in any right to use any parking spaces except in connection with an assignment areas other than those designated. All amounts due under the provisions of this Lease or sublease of all or a portion of Paragraph 27 shall be additional rent and be payable by Tenant within ten (10) days after demand thereof. Tenant acknowledges that Landlord intends to install parking security systems which will control the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 access and egress to the parking, use, or transportation . All costs of motor vehicles, or operating and maintaining the reduction or control parking areas of motor vehicle traffic, or motor vehicle pollution. Tenant the Project shall be responsible for the full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenanta Common Area Operating Expense. (c) If requested by Landlord, Tenant shall 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 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 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 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, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease (Optimer Pharmaceuticals Inc), Lease (Optimer Pharmaceuticals Inc)

Parking. (a) Landlord hereby grants to Tenant is allocated and shall have the right, in common with others authorized by Landlord, non-exclusive right to use (without charge in addition to the parking facilities owned by Landlord and to use Base Monthly Rent) no more than the number of parking spaces made available contained within the Property described in paragraph 2.1 for its use and the use of its employees and invitees, the location of which 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 any portion of the Property not designated by Landlord as set forth in Article 1(R) unless another tenant has a higher ratio of non-exclusive parking spaces to rentable square feetarea. Landlord shall not oversubscribe the parking within the Property, in which event Tenant’s and shall assure that the total number of spaces committed to the non-exclusive use of all tenants of the Property shall be increased accordingly, at Tenant’s option, notwithstanding not exceed the total number of Tenant’s employees, customers or inviteesspaces within the Common Area. However, until Of the Building is fully leasedparking spaces allotted to Tenant pursuant to paragraph 2.1, Tenant shall have the right to rent additional designate a reasonable number of such spaces on a pro rata basis with 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 Premises. If Landlord grants to any other Tenantstenant 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, 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 usefurnish Landlord with a list 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. Landlord Tenant shall have the right, at Landlord’s sole electionTenant's option, to change said typesprovide its employees with stickers or other identification markers or tags to be affixed to or on the employees' automobiles or other vehicles, sizes, configuration, and locations (but never evidencing the number right of Tenant’s spaces) from time to time; provided, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. Tenant’s right employees to use the parking spaces is appurtenant areas. Such stickers shall be subject to prior review and approval by Landlord, which shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord a list of identifying numbers for the Premises and stickers distributed from time to time by Tenant may not assign, sublet or otherwise transfer any right to its employees. If Tenant elects to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or such stickers as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Dateprovided herein, Tenant shall pay 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 Parking Feeright, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking rate at any time, hut never to exceed fair market rental for similar spaces similarly situated in Cambridge, MAafter having given Tenant reasonable notice, to include therein have any amounts levied, assessed, imposed vehicles owned by Tenant or required to be paid to any governmental authority on account its employees or invitees utilizing parking spaces in excess of the parking of motor vehicles, including all sums required spaces allowed for Tenant's use 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 pollutiontowed away at Tenant's cost. Tenant All trucks and delivery vehicles shall be responsible for (i) parked at the full amount rear of any special parking taxes imposed by any governmental authority the Premises, (ii) loaded and unloaded in connection a manner which does not interfere with the use businesses of other occupants of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided by LandlordProperty, and only such designated automobiles shall be (iii) permitted to use remain on the parking facilities. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional parking spaces for use by customers Property only so long as is reasonably necessary to complete loading and invitees of Tenant 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 Tenantunloading. In the event Tenant exceeds the number of allotted parking spaces set forth in Article I(S) Landlord elects or if Landlord has instituted a window sticker is required by any Law to limit 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, any vehicles not complying with Landlord’s procedures or control parking in excess the Property, whether by validation of parking tickets or any other method of assessment, Tenant agrees to participate in such allotted number of spaces. Tenant acknowledges validation or assessment program under such reasonable rules and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, regulations as are from time to timetime established by Landlord, close-off or restrict access so long as such participation does not result in any increase in costs 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 have all the rights of control attributed hereby to the LandlordTenant. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease (United Defense Lp), Lease (United Defense Lp)

Parking. (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, acknowledges that Tenant shall have the right to rent additional spaces on restripe parking lots at Tenant's own expense (provided Tenant is the only occupant of a pro rata basis Complex to be restriped). Any restriping shall be in compliance with all applicable codes and regulations and Landlord shall cooperate with Tenant in this effort. Tenant shall have the right to use with other Tenants. Landlord, at tenants or occupants of the Complex its sole election, may designate the types, sizes, configuration, and locations proportionate share of parking spaces within in the common parking facilities which areas of the Complex. Tenant agrees that Tenant, Tenant's employees, agents, representatives and/or invitees shall be allowed not use parking spaces outside of the Complex parking allocated to useTenant hereunder. Landlord shall have the right, at Landlord’s 's sole electiondiscretion, to change said typesspecifically designate the location of Tenant's parking spaces within the common parking areas of the Complex in the event of a dispute among the tenants occupying the building and/or Complex referred to herein, sizesin which event Tenant agrees that Tenant, configurationTenant'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, may be relocated by Landlord at any time, and locations (but never the number of Tenant’s spaces) from time to time; provided. Landlord reserves the right, howeverat Landlord's sole discretion, such to rescind any specific designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. of parking spaces, thereby returning Tenant’s right to use the 's parking spaces is appurtenant to the Premises and common parking area. Landlord shall give Tenant may not assign, sublet or otherwise transfer written notice of any right to use any change in Tenant's parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Date, spaces. Tenant shall pay Landlord the Parking Feenot, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking rate at any time, hut never to exceed fair market rental for similar spaces similarly situated in Cambridgepark, MA, to include therein any amounts levied, assessed, imposed or required permit to be paid to parked, 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, trucks or otherwise required to be paid by any governmental authority with respect vehicles adjacent 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 full amount of loading areas so as to interfere in any special parking taxes imposed by any governmental authority in connection way with the use of such areas, nor shall Tenant at any time park, or permit the parking facility 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. (c) If requested by Landlord, . Tenant shall notify Landlord not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the license plate number, year, make and model common parking area or other common areas of the automobiles entitled 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 attach violation stickers or notices to such vehicles. Tenant shall use the parking facilities and if requested by Landlord, such automobiles shall be identified by automobile window stickers provided by Landlordareas for vehicle parking only, and only such designated automobiles shall be permitted to not use the parking facilities. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional parking spaces areas for use by customers and invitees of Tenant 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 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, 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 have all the rights of control attributed hereby to the Landlordstorage. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Intuit Inc), Lease Agreement (Intuit Inc)

Parking. (a) Landlord hereby grants to Tenant shall have the right, in common with others authorized by Landlord, nonexclusive right to use the parking facilities owned by Landlord and to use no more than the number of parking spaces made available in the parking area of the Project designated in the Basic Lease Information (“Parking Area”) solely for its use and the use of its employees for the parking of motor vehicles, upon the payment to Tenant Landlord, as set forth additional rent, of a monthly parking fee (the “Parking Fee”), per vehicle, in Article 1(R) unless another tenant has a higher ratio an amount equal to the then prevailing market rate being charged to the general public for the use of parking spaces to rentable square feetin the Old Oakland project, 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. as determined by 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 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, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the BuildingLandlord’s sole discretion. Tenant’s Tenant may terminate its right to use the parking spaces is appurtenant at any time upon thirty (30) days’ prior written notice to Landlord, but without any refund of any previously paid Parking Fees. Tenant shall not have the Premises and Tenant may not assign, sublet or otherwise transfer any exclusive right to use any specific parking spaces except in connection with spaces. The use of the Parking Area shall be governed by such parking rules and regulations as may be adopted from time to time by Landlord and/or the operator of the Parking Area. Landlord may revoke Tenant’s or any of Tenant’s employee’s use of the Parking Area for breach of the parking rules and regulations, including non-payment of the Parking Fee, upon written notice to Tenant, and such action shall not constitute an assignment eviction of this Lease or sublease of all Tenant or a portion disturbance of Tenant’s use of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approvalPremises. (b) Commencing on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, from time to time, close-off designate and/or relocate Tenant’s use of the Parking Area to other parking facilities within the Project, and Landlord further reserves the right to change, reconfigure or restrict access rearrange the Parking Area, and, upon giving Tenant ninety (90) days prior written notice, to restrict, reduce or completely eliminate the rights granted Tenant hereunder to use the Parking Area for any reason, including, without limitation, the intention of Landlord to grant other tenants parking rights in and to the parking facility for purposes Parking Area or the intent to develop all or any part of permitting the Parking Area. No such action shall be deemed an eviction of Tenant or facilitating necessary construction, alteration a disturbance of Tenant’s use of the Premises or improvement. entitle Tenant to any offset or credit against the payment of rent or impair or otherwise affect any of Tenant’s other obligations under this Lease. (c) Neither Landlord may delegate its responsibilities hereunder to a nor Landlord’s parking operator shall have any liability or a lessee responsibility to Tenant or any other party parking in the Parking Area for any loss or damage that may be occasioned by, or may arise out of, such parking, including, without limitation, loss of property or damage to person or property from any cause whatsoever, and Tenant, in consideration of the parking facility in which case such privileges hereby conferred on Tenant, waives any and all claims, losses, causes of action and liabilities against Landlord and Landlord’s parking operator by reason of occurrences in or lessee shall have all about the rights of control attributed hereby Parking Area and the driveway exits and/or entrances thereto, whether attributable to the Landlordactive or passive negligence of Landlord or otherwise. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Office Lease (ThredUp Inc.), Office Lease (ThredUp Inc.)

Parking. (a) Landlord hereby grants to Tenant From and after 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 leasedLease Commencement Date, 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 have the ongoing right, at Landlord’s sole electionbut not the obligation, to change said types, sizes, configuration, and locations purchase up to thirty (but never 30) permits to park automobiles in the number of Tenant’s spacesBuilding garage on an unassigned self-park (or executive valet) basis (as designated by Landlord from time to time; provided, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in ) at the Building. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved prevailing monthly rates established 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the its parking rate operator from time to time, but in no case more than the fair market monthly rate being charged for comparable nearby garages. In addition, Tenant may purchase additional parking permits for unassigned self-parking (or executive valet parking), on a month-to-month basis, as available, at the prevailing monthly rates established by Landlord shall have the right or its parking operator from time to change the parking rate at any time, hut never to exceed but in no case more than the fair market rental monthly rate being charged for similar spaces similarly situated comparable nearby garages. Transfers of permits purchased hereunder shall not be permitted except in Cambridgeaccordance with, MAand shall in all respects be subject to, to include therein any amounts levied, assessed, imposed or required to be paid to any governmental authority on account the terms of Section 10 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 pollutionLease. Tenant shall be responsible 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 the full amount loss and replacement of passes, keycards, identification stickers or markers, and for any special parking taxes imposed and all loss or other damage caused by any governmental authority in connection with the persons or vehicles related to use of Tenant’s parking privileges. Notwithstanding anything to the parking facility by Tenant. (c) If requested contrary in the foregoing, unless otherwise expressly directed by Landlord, Tenant shall notify Landlord pay all amounts due under this Section 3 of the license plate number, year, make and model of the automobiles entitled Rider directly to use 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 parking rates, if any. At Landlord’s sole election, Landlord may make validation stickers available to Tenant for any such parking operator and not as 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 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 the Lease, 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 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Office Lease (Accolade, Inc.), Office Lease (Accolade, Inc.)

Parking. Tenant may park in the Project’s parking areas (a) Landlord hereby grants to Tenant the right“Parking Areas”), in common with others authorized by Landlordother tenants of the Project, to upon the following terms and conditions. Tenant shall not use the parking facilities owned by Landlord and to use no more than the number of unreserved and/or reserved parking spaces made available to Tenant as set forth in Article 1(RSection 9 of the Basic Lease Information. Tenant shall pay Landlord any fees, taxes or other charges imposed by any governmental or quasi-governmental agency in connection with the Parking Areas, 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) unless another tenant has a higher ratio any Law. Tenant shall comply with all reasonable rules and regulations established by Landlord from time to time for the orderly operation and use of parking spaces to rentable square feetthe Parking Areas, including any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in which event the Parking Areas. Tenant’s number use of spaces the Parking Areas shall be increased accordingly, at Tenant’s optionsole risk, notwithstanding and Landlord shall have no liability for any personal injury or damage to or theft of any vehicles or other property occurring in the number Parking Areas or otherwise in connection with any use of Tenant’s employees, customers the Parking Areas by Tenant or its employees or invitees. However, until Landlord may alter 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, sizessize, configuration, and locations design, layout or any other aspect of parking spaces within the parking facilities which Tenant shall be allowed Parking Areas, and, in connection therewith, temporarily deny or restrict access to use. Landlord shall have the rightParking Areas, at Landlord’s sole election, in each case without abatement of Rent or liability to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) from time to time; provided, however, such designation that (a) nothing in this Lease shall be uniformly applied and shall not unfairly favor any tenant permit Landlord to voluntarily reduce the number of parking spaces available at the Project below 3.5 parking spaces per 1,000 square feet of rentable area in the BuildingProject; and (b) Landlord shall use commercially reasonable efforts to minimize the impact on Tenant’s business operations. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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 rights under this Lease, 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 have all the rights of control attributed hereby to the Landlord. (d) The parking facilities provided for herein Section 24 are provided solely for the accommodation benefit of Tenant, ’s employees and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect to the automobile parking areas, including adjoining streets, sidewalks, driveways, property invitees and passageways, or the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees. Tenant such rights may not assign, transfer, sublease or otherwise alienate the use of the parking facilities be transferred without Landlord’s prior written consent, except pursuant to a Transfer permitted under Section 14.

Appears in 2 contracts

Samples: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, Inc.)

Parking. During the Term, Landlord shall, subject to the terms hereof, make available up to one hundred sixty-five (a165) Landlord hereby grants to Tenant the right, parking spaces for Tenant’s use in common with others authorized by Landlord, to use the parking facilities owned by Landlord and areas serving the Building at no charge; provided that the foregoing shall not be deemed to use no more than 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 made available in the parking areas reserved for Tenant, as modified pursuant to Tenant this Lease or as set forth in Article 1(R) unless another tenant has a higher ratio of parking spaces otherwise permitted by Landlord, are hereinafter referred to rentable square feet, in which event Tenant’s number of spaces shall be increased accordingly, at Tenant’s option, notwithstanding as the number of Tenant’s employees, customers or invitees. However, until the Building is fully leased, “Parking Spaces.” Tenant shall have the no right to rent additional spaces on a pro rata basis with other Tenants. Landlord, at its sole election, may designate hypothecate or encumber the types, sizes, configurationParking Spaces, and locations 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 within 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 facilities which Tenant shall be allowed areas from time to usetime. Notwithstanding anything to the contrary contained herein, (i) Landlord shall have the right, at during the performance of Landlord’s sole electionrestoration obligations set forth in Section 15 below, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) from time to time; provided, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of temporarily relocate all or a any portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition Spaces to the right reserved hereunder by Landlord to designate the parking rate from time to timeareas located at 000 Xxxxxxxx Xxxxxx, 4 Xxxxxxxx Place and/or 00 Xxxxxxxx Xxxxxx, and (ii) Landlord shall have the right one-time right, upon at least six (6) months’ written notice to change the parking rate at any timeTenant, 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use Future Development (as defined in Section 2.2), to temporarily relocate all or any portion of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 Parking Spaces located 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 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, from time to time, close-off or restrict access Common Parking area to the parking facility areas located at 000 Xxxxxxxx Xxxxxx, 4 Xxxxxxxx Place and/or 00 Xxxxxxxx Xxxxxx for purposes a period of permitting or facilitating necessary construction, alteration or improvementno more than two (2) years. Landlord may delegate its responsibilities hereunder shall use reasonable efforts to stage any Future Development in a parking operator or a lessee manner that minimizes the duration of the parking facility in which case such parking operator or lessee shall have all the rights of control attributed hereby to the Landlordtemporary relocation. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (uniQure B.V.), Lease Agreement (uniQure B.V.)

Parking. (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 Tenantslease up to six (6) unreserved parking passes in the Parking Facility (as defined in Section 24). LandlordOf the six (6) unreserved parking passes that are to be made available to Tenant, at its sole election, may designate the types, sizes, configuration, and locations of parking spaces within the parking facilities which Tenant one (1) such unreserved pass shall be allowed designated as a “must-take” reserved pass that Tenant is obligated to uselease from Landlord during the entire Term. Landlord Any unreserved parking pass in excess of one (1) shall be leased at the option of Tenant; provided, however, Tenant shall have the right, at Landlord’s sole election, but not the obligation to change said types, sizes, configuration, and locations convert the one (but never the number of Tenant’s spaces1) from time to time; provided, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Buildingadditional unreserved pass into “reserved” parking passes. Tenant’s right to use the parking spaces is appurtenant Prior to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Date, Tenant shall notify Landlord in writing of the number of unreserved and reserved parking passes which Tenant initially elects to lease during the Term, but in no event more than six (6) or less than two (2). Thereafter, Tenant may increase or decrease the number of unreserved parking passes to be used by Tenant pursuant to this Section 1.9 upon a minimum of 30 days prior written notice to Landlord, provided that in no event may Tenant elect to lease more than six (6) or less than two (2) pass. Notwithstanding anything contained herein to the contrary, once Tenant elects to convert unreserved parking passes to reserved parking passes, Tenant shall retain such usage of the reserved parking passes during the entire Term and any extension thereof. Tenant shall pay Landlord Additional Rent for the Parking Feeparking passes as follows: (i) $180.00 per unreserved pass per month, plus applicable taxes, if any; and (ii) $310.00 per reserved pass per month, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 parking ratesplus applicable taxes, 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 any of such events, Landlord Such rates shall be entitled to, without any liability subject 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, increase from time to time, close-off or restrict access time to reflect 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 prevailing market rates charged in the parking facility in which case such parking operator or lessee shall have all the rights of control attributed hereby to the LandlordParking Facility. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Office Lease (NeuroSigma, Inc.), Office Lease (NeuroSigma, Inc.)

Parking. During the Term of this Lease, Landlord shall provide Tenant with access to parking spaces for the benefit of the Property as follows: (ai) Tenant and Tenant’s employees and visitors shall have the right to park passenger automobiles in up to 33 covered reserved parking 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 “Parking Facilities”). (ii) No vehicles shall be left in the Parking Facilities overnight. (iii) Landlord hereby grants reserves the right to Tenant implement and modify systems to regulate access to and use of the rightParking Facilities, in common with others authorized including, without limitation, the use of parking passes, parking stickers, and 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 use change entrances or exits and alter traffic flow within the parking facilities owned by Landlord Parking Facilities, and to use no more than modify the Parking Facilities to any extent, except that Landlord shall not be permitted to reduce the number of parking spaces made available allocated to Tenant as set forth in Article 1(R) unless another tenant has a higher ratio each of parking spaces to rentable square feet, in which event the Parking Facilities without 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approvalconsent. (bvii) Commencing on the Rent Commencement Date, Tenant shall pay Landlord cause its employees and invitees to comply with Landlord’s rules and regulations pertaining to the Parking Fee, if any, shown in Article IFacilities, as Additional Rentthe same may be amended, payable monthly in advance with revised or supplemented (the Monthly Rent“Parking Facility Rules and Regulations”). In addition to the right reserved hereunder by The failure of Landlord to designate enforce any of the parking rate from time to time, Landlord Parking Facility Rules and Regulations against any person shall have the right to change the parking 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 not be deemed to be paid to any governmental authority on account a waiver 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 pollutionsuch Parking Facility Rules and Regulations. Tenant shall be responsible liable for all injuries or damages sustained by Landlord or by other tenants, occupants or invitees of the full amount Building or Parking Facilities arising by reason of any special parking taxes imposed by any governmental authority in connection with the use breach of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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) Parking Facility Rules 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, 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, 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 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, and Landlord assumes no responsibility or liability 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 Regulations by Tenant or tenantby Tenant’s employees, customers, agents, contractors employees or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Commercial Lease, Commercial Lease (FusionStorm Global, Inc.)

Parking. Landlord shall 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) 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 fifteen (15) 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 such Overall Stalls shall be increased accordingly, at covered (but not enclosed) parking stalls which are marked as reserved for 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on 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 Rent Commencement Date, Tenant other five shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rentbe another brand). In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the designate parking 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 visitors of the parking Building and Tenant agrees to not permit its employees to use such parking. Automobiles of motor vehicles, including Tenant and all sums required to be paid pursuant to transportation controls imposed by the Environmental Protection Agency under the Clean Air Act of 1970, Occupants (as amended, or otherwise required to be paid by any governmental authority defined above) associated 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 parked only within parking areas shown on the full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall notify Site Plan. 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 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 or its sole discretion, 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 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 any of such events, Landlord shall be entitled toagents shall, without any liability to TenantTenant or its Occupants, its employeeshave the right to cause to be removed any automobile that may be wrongfully parked in a prohibited or reserved parking area, customers and Tenant agrees to indemnify, defend, and hold Landlord harmless from and against any and all claims, losses, demands, damages and liabilities asserted or invitees, arising with respect to or in connection with any vehicles not complying with Landlord’s procedures or parking in excess such removal of such allotted number of spacesan automobile. Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, shall from time to time, close-off or restrict access to the parking facility for purposes upon request of permitting or facilitating necessary constructionLandlord, alteration or improvement. supply Landlord may delegate its responsibilities hereunder to with a parking operator or a lessee list of the parking facility in which case such parking operator or lessee shall have license plate numbers of 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, and Landlord assumes no responsibility or liability 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 automobiles owned by Tenant or tenant’s employees, customers, agents, contractors or inviteesits day-to-day Occupants. Tenant acknowledges that although stalls may not assignbe marked as reserved for Tenant’s use, transfer, sublease Landlord has no obligation to monitor or otherwise alienate restrict the use of such parking stalls. “Generally Available” means that parking stalls are available to Tenant on a regular basis seven (7) days a week, twenty-four (24) hours each day; provided that, because Tenant and other persons entitled to park in the parking facilities without Landlord’s prior written consentarea 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 evening or on weekend days, during temporary repairs, and during maintenance and replacement.

Appears in 2 contracts

Samples: Lease Agreement (Weave Communications, Inc.), Lease Agreement (Weave Communications, Inc.)

Parking. (a) Effective as of the Commencement Date (as such term is defined in that certain Fourth Amendment to Lease, entered into between Landlord hereby grants and Tenant in conjunction with this Lease) and subject to the other provisions of this Lease, during the term of this Lease, (i) Landlord shall provide Tenant in the parking areas for the Building, on an unassigned, non-exclusive and unlabelled basis, four (4) parking spaces per 1,000 rentable square feet of the Premises, rounded down to the nearest whole parking space, all at no additional charge to Tenant, and (ii) as part of the spaces described in the foregoing clause (i), Landlord shall use reasonable efforts to provide Tenant with parking spaces in the underbuilding parking area for the Building, on an unassigned, non-exclusive and unlabelled basis in an amount equal to twenty-five percent (25%), rounded down to the nearest whole parking space, of the total amount of parking spaces provided to Tenant pursuant to the rightformula set forth in clause (i), above. (b) Tenant shall provide Landlord with advance written notice of the names of each individual to whom Tenant from time to time distributes Tenant’s parking rights hereunder, and shall cause each such individual to execute Landlord’s standard waiver form for garage users. The parking spaces may contain a reasonable mix of spaces for compact cars. The availability of the parking spaces described in common with others authorized by Landlord, to use Paragraph 51.a is not guaranteed at all times against the actions of other tenants of the Office Park and users of the parking facilities owned at the Office Park, but Landlord shall use reasonable efforts to encourage compliance with the rules and regulations applicable to such parking facilities and shall not deliberately enforce the rules and regulations in a discriminatory manner. Without limiting the foregoing, in no event shall this Lease be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage, nor shall there be any abatement of rent hereunder, by Landlord and reason of any reduction in Tenant’s parking rights hereunder. Access to use no more than the number of parking spaces to be 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 have the rightshall, at Landlord’s sole electionoption, to change said typesbe by card, sizespass, configurationbumper sticker, decal or other appropriate identification issued by Landlord, and locations (but never the number of Tenant’s spaces) from time to time; provided, 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 facilities is appurtenant conditioned on Tenant’s abiding by and shall otherwise be subject to the Premises such rules and Tenant regulations as may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved be promulgated 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the time for such parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenantfacilities. (c) If requested by LandlordThe parking rights set forth in this Paragraph 51 are non transferable, are personal to the Tenant shall 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 identified by automobile window stickers provided by Landlordoriginally named herein, and only such designated automobiles shall be permitted not inure to use the parking facilities. If Landlord institutes such an identification procedurebenefit of any successor, Landlord may, in its sole discretion, provide additional parking spaces for use by customers and invitees assignee or subtenant of Tenant 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 any assignment or sublease of parking spaces set forth space rights that is approved by Landlord (provided, however, that such approval may be granted or withheld by Landlord in Article I(S) or if Landlord has instituted a window sticker or other parking procedure its sole and Tenant’s employees, customers or invitees do not comply with any such procedure, then in any of such eventsabsolute discretion), 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, 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 have all the rights of control attributed hereby to the Landlord. receive one hundred percent (d100%) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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 profit received by Tenant in connection with such assignment or tenant’s employees, customers, agents, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentspace rights.

Appears in 2 contracts

Samples: Lease Agreement, Lease (Lionbridge Technologies Inc /De/)

Parking. (a) Landlord hereby grants to Tenant the rightis allocated, 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 and its employees and invitees shall have the right to rent additional spaces use on a pro rata an unreserved basis with other Tenantsnot more than Tenant's Number of Parking Spaces in the parking lot serving the Building. LandlordTenant shall not, at any time, use or permit its sole electionemployees or invitees to use more parking spaces than the number so allocated to Tenant Tenant shall not have the exclusive right to use any specific parking space. In the event Landlord elects or is required by any Law to limit or control parking within the Project, may designate the types, sizes, configuration, and locations whether by validation of parking spaces within the parking facilities which tickets or any other method, Tenant shall be allowed agrees to use. Landlord shall have the right, at participate in such validation or other program as reasonably established by 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, however, such designation shall be uniformly applied and that Tenant shall not unfairly favor in any tenant event be required to pay for Tenant's parking. Tenant shall not, at any time, park or permit to be parked any trucks or vehicles adjacent to entryways or loading areas within the Project so as to interfere in any way with the Building. use of such areas, nor shall Tenant’s right to use , at any time, park or permit the parking spaces is appurtenant to of Tenant's trucks or other vehicles, or the Premises trucks and Tenant may not assignvehicles of Tenant's suppliers or others, sublet or otherwise transfer in any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved Common Areas not designated by Landlord or as permitted for such use by this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Date, Tenant. Tenant shall pay not, at any time, park or permit to be parked any recreational vehicles, inoperative vehicles or equipment on any portion of the Common Areas. Tenant agrees to assume responsibility for compliance by its employees and invitees with the parking provisions contained herein. If Tenant or its employees park any vehicle within the Common Areas in violation of these provisions, then Landlord the Parking Fee, if any, shown in Article Imay charge Tenant, as Additional Rent, payable monthly and Tenant agrees to pay, as Additional Rent, Fifty Dollars ($50) per day for each day or partial day that each such vehicle is illegally parked, or parked in advance with the Monthly Rentany area other than that designated. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to timeTenant hereby authorizes Landlord, Landlord shall have the right to change the parking rate at any time, hut never to exceed fair market rental for similar spaces similarly situated in Cambridge, MATenant's sole expense, to include therein tow away from the Common Areas and store until redeemed by its owner 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 parking rates, if any. At Landlord’s sole election, Landlord may make validation stickers available belonging to Tenant for any such additional parking spaces, provided, however, if Landlord makes validation stickers available to any other tenant or Tenant's employees parked in the Building, Landlord shall make such validation stickers available to Tenant. In the event Tenant exceeds the number violation 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 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, 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 have all the rights of control attributed hereby to the Landlordthese provisions. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)

Parking. (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 entitled to use. Landlord shall have the right, at Landlord’s sole election, to change said types, sizes, configuration, non-exclusive use of a minimum of three and locations 5/10ths (but never 3.5) parking spaces for each one thousand (1,000) square feet of Rentable Area of the number of Leased Premises (“Tenant’s spaces) from time to time; providedParking Allocation”), however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. Tenant’s right to use area designated for the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved Building 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority agrees to cooperate with Landlord and other tenants in connection with the use of the parking facility by Tenant. facilities. In the event Tenant is determined to be overburdening the parking facilities, Landlord shall be entitled (cbut not required) If requested by Landlord, Tenant shall notify Landlord to monitor or restrict use 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 identified by automobile window stickers provided by Landlord, and only such designated automobiles shall be permitted to use the parking facilitiesat Tenant’s expense. If Landlord institutes such an identification procedureany other tenant or third party inhibits Tenant’s utilization of Tenant’s Parking Allocation, Landlord maywill take all actions reasonably necessary to protect Tenant’s parking rights, at Landlord’s cost and expense. There will be no assigned parking unless Landlord, in its sole discretion, provide additional deems such assigned parking spaces for use by customers and invitees of Tenant on a daily basis at prevailing parking rates, if anyadvisable. At Landlord’s sole election, Landlord No vehicle 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 be repaired or serviced in the Buildingparking area and any vehicle brought into the parking area by Tenant, Landlord shall make such validation stickers available to Tenant. In the event Tenant exceeds the number or any 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 any of such events, Landlord shall be entitled to, without any liability to Tenant, its employees, customers contractors or invitees, and deemed abandoned by Landlord will be towed and all costs thereof shall be borne by the Tenant. All driveways, ingress and egress, and all parking spaces are for the joint use of all tenants. There shall be no parking permitted on any vehicles of the streets or roadways located within the Park. In addition, Tenant agrees that its employees will not complying park in the spaces designated visitor parking. Tenant shall have twenty (20) dedicated visitor parking stalls (with visitor markings to be installed by Tenant, at Tenant’s cost, subject to Landlord’s procedures or parking in excess of such allotted number of spaces. Tenant acknowledges and agrees that Landlord mayreasonable approval), without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access be closest 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 main entrance of the parking facility Building. These exclusive visitor stalls will be included 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, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentallocation.

Appears in 2 contracts

Samples: Lease Agreement (Grail, Inc.), Lease Agreement (Grail, Inc.)

Parking. (a) Landlord hereby grants to Tenant During 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 leasedTerm, Tenant shall have the right to rent additional use the number of Parking Spaces specified in Section 1.01(18) for parking on an unassigned basis on that portion of the Project designated by Landlord from time to time for parking. Tenant acknowledges and agrees that the parking spaces on in the Project’s parking facility may include a pro rata basis with other Tenants. Landlord, at its sole election, may designate the types, sizes, configurationmixture of spaces for compact vehicles as well as full-size passenger automobiles, and locations of that Tenant shall not use parking spaces within for vehicles larger than the striped size of the parking facilities which spaces. Except as provided below, Tenant shall not park any vehicles at the Project overnight. Notwithstanding the foregoing, Tenant shall be allowed entitled to usepark up to three (3) vehicles overnight in the 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 vehicles and Tenant hereby waives any and all claims, known or unknown, against and releases Landlord and the Indemnitees from any and all claims arising as a consequence of or related to any such damage, loss or theft, and (c) any such 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 shall comply with any and all parking rules and regulations if 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 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by all other rights and remedies of Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 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, from time to time, close-off remove or restrict access tow away the vehicle without prior notice 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 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, and the cost thereof shall be paid to Landlord assumes no responsibility or liability of any kind whatsoever within twenty (20) days after notice from whatever cause with respect Landlord 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. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentTenant.

Appears in 2 contracts

Samples: Lease Agreement (Guardant Health, Inc.), Lease Agreement (Guardant Health, Inc.)

Parking. (a) Landlord hereby grants to Provided that Tenant shall not then be in Default under the rightterms and conditions of this Lease, in common and provided further, that Tenant shall comply with others authorized and abide by Landlord’s parking rules and regulations from time to time in effect, (i) Tenant shall have a license to use the Parking Area for the parking facilities of standard size passenger automobiles, pick-up trucks, vans, SUV’s, and Tenant-owned by Landlord and to use no more than delivery vehicles the number of parking spaces made available to Tenant as set forth in Article 1(Rthe Basic Lease Information and (ii) 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 license to rent additional spaces use, on a pro rata basis with other Tenants. Landlordnon-exclusive basis, at its sole election, may designate the types, sizes, configuration, and locations of parking spaces within for the parking facilities which Tenant shall be allowed to use. Landlord shall have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) trucks and trailers, the areas designated from time to timetime by Landlord as truck and trailer parking areas; provided, however, such designation shall be uniformly applied and that Landlord shall not unfairly favor any tenant in the Building. 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 the event any of the parking spaces is appurtenant or other areas in the parking areas are taken or otherwise eliminated as a result of any Condemnation (as hereinafter defined) or casualty event affecting such parking areas or any modifications made by Landlord to such parking areas. All unreserved spaces and other areas will be on a first-come, first-served basis in common with other tenants of and visitors to the Premises Project in parking spaces or other areas provided by Landlord from time to time in the Project’s parking areas. In the event Tenant is granted the use of exclusive and Tenant may not assigndesignated parking spaces, sublet or otherwise transfer any right as indicated in the Basic Lease Information, then such spaces shall be located in the area(s) designated by Landlord from time to time. Tenant’s license to use any the parking spaces except in connection with an assignment of this Lease or sublease of all other areas provided for herein shall be subject to such terms, conditions, rules and regulations as Landlord or a portion the operator of the Premises approved by Landlord or as permitted by this Lease parking areas may impose from time to time, including, without requiring Landlord’s approvallimitation, the imposition of a parking charge. (b) Commencing on If at any time Landlord shall make available to Tenant any parking area outside the Rent Commencement DatePremises, Tenant shall pay Landlord the Parking Feethen each vehicle, if anytruck or trailer using such parking area shall, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition at Landlord’s option to the right reserved hereunder by Landlord to designate the parking rate be exercised from time to time, Landlord shall have the right to change the parking 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 bear a permanently affixed and visible identification sticker to be paid provided by Landlord. Tenant shall not and shall not permit its Agents to park any governmental authority on account of vehicles in locations other than those specifically designated by Landlord as being for Tenant’s use, including, without limitation, the parking of motor vehicles, including all sums required trucks and trailers only 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 be paid any vehicle or other personal property parked or located upon or within the Parking Area or elsewhere in the Project whether pursuant to transportation controls imposed by the Environmental Protection Agency under the Clean Air Act of 1970, as amended, this license or otherwise required and whether caused by fire, theft, explosion, strikes, riots or any other cause whatsoever; or (ii) injury to be paid or death of any person in, about or around the Parking Area or elsewhere in the Project or any vehicles parking therein or in proximity thereto whether caused by fire, theft, assault, explosion, riot or any governmental authority with other cause whatsoever and Tenant hereby waives any claim for or in respect to the parking, useabove and against all claims or liabilities arising out of loss or damage to property or injury to or death of persons, or transportation both, relating to any of motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollutionforegoing. Tenant shall not assign any of its rights hereunder and in the event an attempted assignment is made, it shall be responsible for void. (c) Tenant recognizes and agrees that visitors, clients and/or customers (collectively the full amount of “Visitors”) to the Premises must park automobiles or other vehicles only in the Parking Area. (d) In the event any special parking taxes tax, surcharge or regulatory fee is at any time imposed by any governmental authority upon or with respect to parking or vehicles parking in connection with the use of the parking facility by Tenant. (c) If requested by Landlordspaces referred to herein, Tenant shall notify Landlord of the license plate numberpay such tax, year, make and model of the automobiles entitled to use 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 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) surcharge 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, 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 regulatory fee as Additional Rent under this Lease, such payments to be made in advance and from time to time, close-off or restrict access to time as required by Landlord (except that they shall be paid monthly with Base Rent payments if permitted by 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 have all the rights of control attributed hereby to the Landlordgovernmental authority). (de) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentIntentionally Deleted.

Appears in 2 contracts

Samples: Warehouse/Industrial Lease Agreement, Warehouse/Industrial Lease Agreement (Corsair Components, Inc.)

Parking. (a) Landlord hereby grants 42.1 Tenant is entitled 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 Parking Permits set forth in Article 1(R) unless another tenant has a higher ratio of parking spaces to rentable square feet, in which event Section 2.9. Tenant’s number employees shall not park their vehicles in the automobile parking areas designated for visitors, car pools, other tenants or patrons of spaces shall be increased accordingly, retail establishments in the Condominium. Landlord at Tenant’s option, notwithstanding the number of Tenant’s employees, customers or invitees. However, until the Building is fully leased, Tenant all times shall have the right to rent use reasonable means to control parking in the parking areas, including, by way of illustration only, the right to control access to the parking areas, to provide valet parking at no additional spaces on a pro rata basis with other Tenants. Landlord, at its sole election, may charge (except to the extent the expense of providing such valet parking constitutes an Operating Expense) and to reasonably designate the types, sizes, configuration, and locations of particular parking spaces within the parking facilities which Tenant shall areas to be allowed to use. Landlord shall have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of used by Tenant’s spaces) employees and any such designation may be changed from time to time; provided. In all cases, howeverTenant shall have access to the parking area, such designation 7 days per week, 24 hours per day. Tenant and its employees shall be uniformly applied park their vehicles only in those portions of the parking areas designated for that purpose by Landlord and in accordance with all reasonable rules and regulations relating to parking. Tenant shall not unfairly favor any tenant in the Building. furnish Landlord with Tenant’s right to use the parking spaces is appurtenant to and Tenant’s employees’ state vehicle license plate numbers within fifteen (15) days after Tenant opens for business in the Premises and Tenant may not assign, sublet or otherwise transfer shall thereafter notify Landlord of any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a portion of the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. changes within two (b2) Commencing on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to days after such change the parking 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 pollutionoccurs. Tenant shall be responsible for notify its employees in writing of the full amount provisions of this Section. 42.2 Tenant shall cooperate with Landlord in complying with the terms and conditions of any special parking taxes imposed by any applicable Transportation Management Program or similar applicable governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, requirements regulating transportation. Tenant shall notify Landlord designate one 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 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 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) employees or if Landlord has instituted a window sticker or other parking procedure and agents as Tenant’s employees, customers or invitees do not comply with any such procedure, then “Transportation Coordinator,” who shall represent Tenant in any of such events, all matters pertaining to transportation management. 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, 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 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, and Landlord assumes no responsibility or liability promptly notified of any kind whatsoever from whatever cause with respect to change in 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. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentTransportation Coordinator.

Appears in 2 contracts

Samples: Office Building Lease, Office Building Lease (Avalara Inc)

Parking. If at any time during the Lease Term ALZA (aand/or any ALZA Affiliates) Landlord hereby grants or an Unaffiliated Assignee is not the tenant under all Three Leases, this Paragraph shall apply. Once the ratio of the square footage size of the Building leased hereunder is determined in relation to Tenant the rightaggregate square footage of all Three Buildings, in common with others authorized by Landlord, to use the parking facilities owned by Landlord and to use no more than the a specific number of non- exclusive 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 assigned to Tenant equating to such ratio multiplied by all of the number of Tenant’s employees, customers or inviteesparking spaces in the Complex. However, until the Building is fully leased, Tenant shall have the right to rent additional spaces on a pro rata basis use with the other Tenants. Landlord, at its sole election, may designate tenants or other occupants of the types, sizes, configuration, and locations of Complex parking spaces within so assigned in the common parking facilities which area of the Complex. Tenant agrees that Tenant, Tenant's employees, agents, representatives, and/or invitees shall be allowed not use parking spaces in excess of said assigned parking spaces allocated to useTenant hereunder. Landlord shall have the right, at Landlord’s sole election's reasonable discretion, to change said typesspecifically designate the location of Tenant's parking spaces within the common parking area of the Complex in the event of a dispute among the tenants occupying the Building and/or Complex referred to herein, sizesin which event Tenant agrees that Tenant, configurationTenant'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, may be relocated by Landlord at any time, and locations (but never the number of Tenant’s spaces) from time to time; provided. Landlord reserves the right, howeverat 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 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 designation 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 uniformly applied 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, 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 attach violation stickers or notices to such vehicles. Tenant shall use the parking area for vehicle parking only and shall not unfairly favor any tenant in the Building. Tenant’s right to use the parking spaces areas for storage. During the time ALZA (and/or any ALZA Affiliates) or an Unaffiliated Assignee is appurtenant to the Premises and Tenant may not assigntenant under all Three Leases, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of the tenant under all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord Three Leases shall have the right to change the park in any area designated for parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 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 Common Area and the above terms and conditions 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 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, 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 have all the rights of control attributed hereby to the Landlordapply. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Lease Agreement (Alza Corp), Lease Agreement (Alza Corp)

Parking. (a) Landlord hereby grants Tenant is allocated, and Tenant and its employees and invitees shall have the non-exclusive right to Tenant the rightuse, in common with others authorized by Landlord, to use the parking facilities owned by Landlord and to use no not 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 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 to rentable square feet, in which event Tenant’s number of spaces shall be increased accordingly, at Tenant’s option, notwithstanding than the number of so allocated to Tenant’s employees, customers or invitees. However, until the Building is fully leased, Tenant shall not 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 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, 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 appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any exclusive right to use any specific parking space, and Landlord reserves the right to designate from time to time the location of the parking spaces except allocated for Tenant’s use. In the 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 agrees to participate in connection such validation or other program as reasonably established by Landlord. Tenant shall not, at any time, park or permit to be parked any trucks or vehicles adjacent to entryways or loading areas within the Project so as to interfere in any way with an assignment the use of this Lease such areas, nor shall Tenant, at any time, park or sublease permit the parking of all Tenant’s trucks or a other vehicles, or the trucks and vehicles of Tenant’s suppliers or others, in any portion of the Premises approved Common Areas not designated by Landlord or as permitted for such use by this Lease without requiring Landlord’s approval. (b) Commencing on the Rent Commencement Date, Tenant. Tenant shall pay not, at any time, park or permit to be parked any recreational vehicles, inoperative vehicles or equipment on any portion of the common parking area or other Common Areas of the Project. Tenant agrees to assume responsibility for compliance by its employees and invitees with the parking provisions contained herein. If Tenant or its employees park any vehicle within the Project in violation of these provisions, then Landlord the Parking Fee, if any, shown in Article Imay charge Tenant, as Additional Rent, payable monthly and Tenant agrees to pay, as Additional Rent, Ten Dollars per day for each day or partial day that each such vehicle is parked in advance with the Monthly Rentany area other than that designated. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to timeTenant hereby authorizes Landlord, Landlord shall have the right to change the parking rate at any time, hut never to exceed fair market rental for similar spaces similarly situated in Cambridge, MATenant’s sole expense, to include therein tow away from the Project and store until redeemed by its owner 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 parking rates, if any. At Landlord’s sole election, Landlord may make validation stickers available belonging 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 employees parked in any violation 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, 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 have all the rights of control attributed hereby to the Landlordthese provisions. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Industrial Space Lease (Viasystems Group Inc), Industrial Space Lease (Viasystems Group Inc)

Parking. (a) During the Term of this Lease, Landlord hereby grants shall provide to Tenant three parking spaces for each one thousand square feet of rentable square feet in the rightPremises (the “QL Parking Spaces”). The QL Parking Spaces shall, in common with others authorized as determined by Landlord, to use be in the following locations: (i) three hundred twenty will be located in the either “surface parking lot(s)”, “parking structure”, or “executive garage”, each as depicted on Schedule 35 attached hereto, and (ii) the balance of the parking spaces will be located in parking facilities owned by mutually acceptable to Landlord and Tenant (“Parking Facilities”) (two hundred twenty nine parking spaces based upon the rentable square footage of Phase One and Phase Two as of the Date of Lease). The QL Parking Spaces located in the surface lot(s), parking structure and executive garage are sometimes hereinafter collectively referred to use as the “Building Parking Spaces.” Notwithstanding the foregoing or anything else to the contrary contained in this Lease, Tenant shall only be entitled to the number of QL Parking Spaces for the Premises which is actually occupied by Tenant from time to time. If the rentable square footage of 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 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 QL Parking Spaces shall be at the then market rate charged for such parking spaces, 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 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 Permits”). Thirty days prior to the applicable Commencement Date, Tenant shall advise Landlord of the number of QL Parking 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 made available to Tenant as set forth in Article 1(Rpermitted) 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 TenantQL Parking Permits that Tenant will employ for the next subsequent month so as to provide Landlord with a minimum of one month’s employees, customers or inviteesnotice. (f) Monthly Parking Rent shall increase $5.00 for each Building Parking Space on each anniversary of the Phase One Commencement Date. However, until the Building is fully leased, Tenant shall have the right to rent additional spaces on a pro rata basis with other Tenants. reimburse 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 have the right, at Landlord’s sole electioncost, for replacement (i.e. lost, stolen, damaged) QL Parking Permits. (g) Landlord shall not be considered to change said typesbe an insurer, sizesguarantor, configurationor 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 QL Parking Spaces) that all of its employees must self-park and un-park their vehicles, and locations (but never abide by all provisions of the number rules and regulations of Tenant’s spaces) from time the Parking Facilities that may be applicable to time; 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, howeverfor fire, such designation shall be uniformly applied and shall not unfairly favor theft, damage, or loss, including any tenant damage caused by any other vehicle parked in the Parking Facilities of the Building. Tenant’s right to use the parking spaces is appurtenant to the Premises and , as applicable. (h) Tenant may not assignassign or sublet its rights to the use of the QL Parking Spaces and/or the QL Parking Permits, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment of this Lease or sublease of all or a any portion of the Premises approved by Landlord or as permitted by this Lease without requiring Premises. Tenant’s rights to use the QL Parking Spaces are subject to the Landlord’s approval. (b) Commencing on the Rent Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall notify Parking Facilities pursuant to such agreements which may be in place between Landlord and the owners and/or operators of the license plate number, year, make and model Parking Facilities. Without limiting the generality of the automobiles entitled foregoing, if Landlord’s right to use one or more of the parking facilities and if requested by LandlordParking Facilities is terminated as a result of the sale of such Parking Facility(ies), then Tenant’s right to use such automobiles Parking Facility(ies) 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 parking rates, if any. At Landlord’s sole election, Landlord may make validation stickers available to Tenant for any such additional parking spaces, similarly terminated; provided, however, if Landlord makes validation stickers available to any other tenant in the Building, Landlord nothing contained herein 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 any of such events, Landlord shall be entitled to, without any liability to Tenant, its employees, customers or invitees, any vehicles not complying with limit Landlord’s procedures or parking in excess of such allotted number of spaces. Tenant acknowledges and agrees that Landlord may, without incurring any liability obligations to cause the QL Parking Spaces to 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 any abatement limitation, the sale of Rent under this Leasethe Parking Facility(ies) in which the QL Parking Spaces are located), from time to time, close-off or restrict access other than due to the parking facility for purposes of permitting acts 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 have all the rights of control attributed hereby to the Landlord. (d) The parking facilities provided for herein are provided solely for the accommodation omissions of Tenant, and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect will use commercially reasonable efforts to the automobile secure suitable replacement 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. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentat comparable cost.

Appears in 2 contracts

Samples: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Parking. (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 non-exclusive right to rent use a number of parking stalls located on the Property equal to Tenant’s Parking Stall Allocation, together with the non-exclusive right to use such additional spaces parking stalls on the Property as may be needed by Tenant for the Permitted Use, up to a maximum of sixty (60) additional parking stalls, to the extent that such additional parking 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, then on at least thirty (30) days’ prior written notice, (a) Tenant shall thereafter only use a number of parking stalls located on the Property equal to Tenant’s Parking Stall Allocation, and (b) Landlord shall provide to Tenant on a pro rata non-exclusive basis with other Tenants. Landlordsuch additional parking stalls as may be needed by Tenant for the Permitted Use, at its sole electionup to a maximum of fifty (50) additional parking stalls, may designate the types, sizes, configuration, and locations of parking spaces in a designated area within the parking facilities which RiverPark Corporate Center that is within a reasonable walking distance from the Building. Automobiles of Tenant and Tenant’s Occupants shall be allowed to useparked 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 shall have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) may from time to timetime make such reasonable, nondiscriminatory rules and regulations regarding parking as Landlord reasonably determines to be necessary or appropriate; provided, however, that such designation shall be uniformly applied rules and regulations shall not unfairly favor any tenant in the Building. materially and adversely affect Tenant’s right parking rights under this Lease. Landlord and Landlord’s employees may, without any liability to use the Tenant or Tenant’s Occupants, cause to be removed any automobile of Tenant or Tenant’s Occupants that may be parked wrongfully in a prohibited or reserved parking spaces is appurtenant to the Premises area, and Tenant may not assignagrees to indemnify, sublet or otherwise transfer any right to use any parking spaces except defend and hold harmless Landlord from and against all claims, liabilities and expenses, including attorneys’ fees, arising in connection with an assignment of this Lease or sublease of all or a portion of the Premises 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 I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord to designate the parking rate from time to time, Landlord shall have the right to change the parking 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 full amount of any special parking taxes imposed by any governmental authority in connection with the use of the parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 identified by automobile window stickers provided by Landlord, and only such designated automobiles shall be permitted to use the parking facilitiesremoval. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional provides reserved parking spaces stalls for the exclusive use by customers and invitees of Tenant 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 also offer the same number of reserved parking stalls to Tenant on a proportionate basis as any other such validation stickers available tenant. As used in the immediately preceding sentence, “on a proportionate basis” refers to Tenant. In the event Tenant exceeds the number of allotted reserved parking spaces set forth in Article I(Sstalls proportionate to the total number of parking stalls allocated to such other tenant. For example purposes only, if another tenant received four (4) or if Landlord has instituted reserved parking stalls out of a window sticker or total of one hundred sixteen (116) parking stalls allocated to such other parking procedure tenant, and Tenant’s employeesParking Stall Allocation was equal to fifty-eight (58) parking stalls, customers or invitees do not comply with any such procedure, then in any of such events, Landlord shall Tenant would be entitled to, without any liability to Tenant, its employees, customers or invitees, any vehicles not complying with Landlord’s procedures or two (2) reserved parking in excess of such allotted number of spaces. Tenant acknowledges stalls and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, closefifty-off or restrict access to the six (56) unreserved 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 have all the rights of control attributed hereby to the Landlordstalls. (d) The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability 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, contractors or invitees. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent.

Appears in 2 contracts

Samples: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)

Parking. Throughout the Term, Tenant shall have the right but not the obligation to purchase up to [***] parking permits per one thousand (a1,000) Landlord hereby grants usable square feet in the Premises, of which up to a maximum of [***] parking permits shall be reserved spaces and the remaining shall be unreserved spaces as set forth in Section 21.1 of the Basic Lease Information (“BLI”). Xxxxxxxx agrees to locate up to a maximum of seven (7) reserved parking stalls for Tenant on the right“G” level, which is accessed at the Canoga Avenue entrance, or if Tenant requests on the first underground level, which is designated as “B1”. Except as otherwise permitted by Xxxxxxxx’s management agent in its reasonable discretion, and based on the availability thereof, in common with others authorized by Landlord, no event shall Tenant be entitled to use the parking facilities owned by Landlord and to use no purchase more than the number of parking spaces made permits listed in the BLI. If additional parking permits are available on a month-to-month basis, which determination shall be in the sole discretion of Landlord’s parking agent, Tenant shall be permitted to purchase one or more of said permits on a first-come, first-served basis. Said parking permits shall allow Tenant as set forth to park in Article 1(R) unless another tenant has a higher ratio of the Building parking spaces facility at the posted monthly parking rates and charges then in effect (currently $88.00 per single unreserved permit per month and $143.00 per single reserved permit per month, including the 10% City tax), plus any and all applicable taxes, provided that such rates may be changed from time to rentable square feettime, in which event TenantLandlord’s number of spaces shall be increased accordingly, at Tenant’s option, notwithstanding the number of Tenant’s employees, customers or inviteessole discretion. 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 access its sole election, may designate the types, sizes, configuration, and locations of parking spaces within twenty-four (24) hours per day, seven (7) days per week. Notwithstanding the parking facilities which foregoing, Tenant shall be allowed to use. Landlord shall have granted the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations following concessions for parking: (but never a) For the number of Tenant’s spaces) from time to time; provided, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in period commencing upon the Building. Tenant’s right to use the parking spaces is appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking spaces except in connection with an assignment mutual execution of this Lease or sublease of all or a portion of and continuing through the Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval. (b) Commencing on date immediately preceding the Rent Commencement Date, Tenant shall pay be entitled to (i) thirty (30) unreserved parking permits at no charge (except for initial parking start-up costs for Building access/parking cards) and (ii) a fifty percent (50%) discount on any additional parking passes purchased by Tenant. (b) For the period beginning on the Rent Commencement Date and continuing through the last calendar day of the thirtieth (30th) calendar month after the Rent Commencement Date, Tenant shall be granted a fifty percent (50%) discount on all parking charges for the above specified allocation of permits and any visitor validations (so long as such visitor validations are purchased by Tenant on a bulk basis in increments of $500.00). (c) For the period beginning on the first calendar day of the thirty-first (31st) calendar month after the Rent Commencement Date and continuing through the last calendar day of the forty-eighth (48th) calendar month after the Rent Commencement Date, Tenant shall be granted a twenty-five percent (25%) discount on all parking charges for the above specified allocation of permits. [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION. Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In addition to the right reserved hereunder by Landlord shall retain sole discretion to designate the location of each parking rate from time space, except for the location of Tenant’s seven (7) reserved stalls as specified above, and whether it shall be assigned, or unassigned, unless specifically agreed to time, otherwise in writing between Landlord and Tenant. Guests and invitees of Tenant shall have the right to change the parking rate at any timeuse, 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 common with guests and invitees of other tenants of the Building, the transient parking facilities of motor vehicles, including all sums required to be paid pursuant to transportation controls imposed by the Environmental Protection Agency under Building at the Clean Air Act of 1970, as amendedthen-posted parking rates and charges, or otherwise required at such other rate or rates and charges as may be agreed upon from time to be paid by any governmental authority time between Landlord and Tenant in writing subject to Tenant’s rights set forth in this Lease with respect to the parkingparking charges and validations. Such rate(s) or charges may be changed by Landlord from time to time in Landlord’s sole discretion, useand shall include, without limitation, any and all fees or transportation of motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollutiontaxes relating to parking assessed to Landlord for such parking facilities. Tenant shall be responsible for the full amount of any special parking taxes imposed by any governmental authority in connection comply with the use of the reasonable and non-discriminatory rules and regulations adopted by Landlord in Exhibit C attached hereto, which rules and regulations for parking facility by Tenant. (c) If requested by Landlord, Tenant shall 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 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 may reasonably change 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) time 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, 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, from time to time, close-off or restrict access to time during 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 Term hereof 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’s reasonable discretion, and Landlord assumes no responsibility or liability of any kind whatsoever from whatever cause with respect subject to the automobile Tenant’s 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. Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consentrights set forth herein.

Appears in 2 contracts

Samples: Office Lease (Blackline, Inc.), Office Lease (Blackline, Inc.)

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