Common use of Purpose and Use Clause in Contracts

Purpose and Use. Tenant shall operate the Parking Facility as a public parking facility and for no other use which shall, subject to the terms of this Agreement, be made available on a non- exclusive basis twenty four (24) hours per day, 365 days per year (the “Use”). Tenant shall prevent the use of the Parking Facility for the parking of vehicles other than: automobiles, light trucks, non-commercial vehicles, vans and motorcycles, provided each such vehicle can safely fit within the Parking Facility in a single parking space without damaging the Parking Facility or unreasonably interfering with the ability to park other vehicles. Tenant shall further prevent the use of the Parking Facility for any maintenance of any vehicles of any type, or storage of recreational vehicles, boats, any other unregistered vehicles of any type, or any other modes of transportation other than passenger vehicles. Tenant and Tenant’s agents, employees, subtenants, assignees, licensees, contractors or invitees, (collectively, “Tenant Parties”) shall also have the right of access, ingress and egress over and upon the Premises in order to utilize the Premises for pedestrian and vehicular access to the Parking Facility. The Tenant agrees to abide by any and all reasonable regulations for the use of the Parking Facility as may from time to time be prescribed by Landlord and delivered to Tenant in writing. Except in the event of an emergency in which no prior approval shall be required, with written approval from the Tenant which approval shall not be unreasonably withheld, conditioned or delayed, Landlord may at any time and from time to time close all or any portion of the Parking Facility to make repairs, improvements, alterations or changes and, to the extent necessary in the opinion of Landlord, to prevent a dedication thereof or the accrual of any rights to any person or to the public therein. As a condition of obtaining written approval of Tenant for such action by Landlord, Landlord agrees to first consult with Tenant so as to coordinate such necessary repairs, improvements, alterations or changes to the Parking Facility in an effort to minimize the impact on Tenant’s operations. Unless required due to the negligence or willful misconduct of any Tenant Party, if all or a material portion of the Parking Facility must be closed for more than two (2) days for repairs, improvements, alterations or changes being performed by the Landlord pursuant to this Agreement (other than pursuant to Landlord’s self-help rights pursuant to Section 12), Tenant’s Rent shall be abated for the period of time all or such portion of the Parking Facility is closed. The abatement shall equal to Tenant’s Rent for the period of time beyond the allowed two (2) days that all or such portion of the Parking Facility is closed. The abatement contained in this Section 4.1 shall not apply to the Facility Improvement Work and the Facility Improvement Period which shall be governed by Article 16.

Purpose and Use. Tenant shall operate the Parking Facility as a public parking facility and for no other use which shall, subject to the terms of this Agreement, be made available on a non- exclusive basis twenty four (24) hours per day, 365 days per year (the “Use”). Tenant shall prevent the use of the Parking Facility for the parking of vehicles other than: automobiles, light trucks, non-commercial vehicles, vans and motorcycles, provided each such vehicle can safely fit within the Parking Facility in a single parking space without damaging the Parking Facility or unreasonably interfering with the ability to park other vehicles. Tenant shall further prevent the use of the Parking Facility for any maintenance of any vehicles of any type, or storage of recreational vehicles, boats, any other unregistered vehicles of any type, or any other modes of transportation other than passenger vehicles. Tenant and Tenant’s agents, employees, subtenants, assignees, licensees, contractors or invitees, (collectively, “Tenant Parties”) shall also have the right of access, ingress and egress over and upon the Premises in order to utilize the Premises for pedestrian and vehicular access to the Parking Facility. The Tenant agrees to abide by any and all reasonable regulations for the use of the Parking Facility as may from time to time be prescribed by Landlord Xxxxxxxx and delivered to Tenant in writing. Except in the event of an emergency in which no prior approval shall be required, with written approval from the Tenant which approval shall not be unreasonably withheld, conditioned or delayed, Landlord may at any time and from time to time close all or any portion of the Parking Facility to make repairs, improvements, alterations or changes and, to the extent necessary in the opinion of Landlord, to prevent a dedication thereof or the accrual of any rights to any person or to the public therein. As a condition of obtaining written approval of Tenant for such action by Landlord, Landlord Xxxxxxxx agrees to first consult with Tenant so as to coordinate such necessary repairs, improvements, alterations or changes to the Parking Facility in an effort to minimize the impact on TenantXxxxxx’s operations. Unless required due to the negligence or willful misconduct of any Tenant Party, if all or a material portion of the Parking Facility must be closed for more than two (2) days for repairs, improvements, alterations or changes being performed by the Landlord pursuant to this Agreement (other than pursuant to Landlord’s self-help rights pursuant to Section 12), TenantXxxxxx’s Rent shall be abated for the period of time all or such portion of the Parking Facility is closed. The abatement shall equal to TenantXxxxxx’s Rent for the period of time beyond the allowed two (2) days that all or such portion of the Parking Facility is closed. The abatement contained in this Section 4.1 shall not apply to the Facility Improvement Work and the Facility Improvement Period which shall be governed by Article 16.