Common use of Spaces Clause in Contracts

Spaces. Notwithstanding the preceding sentence, upon written notice from Tenant that unauthorized persons are using any of such thirty (30) spaces, Landlord shall use reasonable efforts to cause such persons not to use such spaces; provided, however, that Landlord shall have no obligation to terminate any lease to which Landlord and such persons may be parties by reason of such unauthorized use. The use of all parking spaces in the Garage shall be subject to rules and regulations promulgated by Landlord from time to time. Except in connection with a permitted sublease or assignment under Article VI hereof, Tenant shall have no right to sublet, assign or otherwise transfer said parking passes without Landlord's prior written consent. If Tenant shall desire to sublet, assign or otherwise transfer any of said parking passes, Tenant shall submit to Landlord in writing the name of the proposed transferee, the terms and conditions of the transfer (including copies of the proposed sublease or assignment) and any other information reasonably requested by Landlord. Landlord shall have the right, exercisable by written notice to Tenant within ten (10) business days after Landlord's receipt of Tenant's notice, to recapture any or all of the parking passes which are the subject of the proposed sublease, assignment or other transfer. If Landlord shall exercise such right, Tenant shall have no further right to such parking passes (and shall return the same to Landlord) effective as of the date and for the period of time set forth in Landlord's recapture notice. If Landlord shall not exercise such right, Landlord's consent to the proposed sublease, assignment or other transfer shall not unreasonably withheld or unduly delayed; provided, however, that Landlord may withhold its consent if in the exercise of its sole judgment Landlord determines that (i) the financial condition or general reputation of the proposed transferee is not consistent with the extent of the obligations undertaken by the proposed sublease, assignment or other transfer, or (ii) Tenant proposes to sublet or assign to one who, at the time of Tenant's request for consent, is a tenant or occupant of the Building and/or is using parking spaces in the Garage or to one with whom Landlord or its agents is (are) actively negotiating for space in the Building or for parking spaces or passes in the Garage, or (iii) the charges for the parking passes which the transferee is obligated to pay are less than the then current prevailing rate (from time to time) in the Garage. Tenant acknowledges that Landlord's consent may be conditioned upon, inter alia, a requirement that all charges payable for the use of such parking passes in excess of the charges payable hereunder for such parking passes be paid to Landlord.

Spaces. Notwithstanding “A” to “D” inclusively It is understood that the preceding sentenceLandlord shall deliver spaces “A” to ‘‘D” inclusively to the Tenant in accordance with the “Base Building Standards” as set forth in Schedule “D” annexed hereto. In addition, subject to the last sentence of this Subsection 19.1.1, the Landlord shall, at its expense, deliver spaces “A” to “D” inclusively to the Tenant on a turnkey basis in accordance with final plans and specifications which shall respect the “Standards for Tenant’s Improvements” attached hereto as Schedule “E” and the criteria set forth in Schedule “G-1” (in the case of Space “A”) and Schedule G-2 in the case of Space “B”, Space “C” and Space “D”. It is further agreed that the Tenant may install, at its sole expense, a security system in Space “A”, the whole in accordance with final plans and specifications which shall require the Landlord’s prior written approval. The Landlord shall pay to the Tenant the sum of two hundred thousand dollars ($200,000.00) as an inducement for having effected such installation, upon written notice from Tenant that unauthorized persons are using any completion to the Landlord’s reasonable satisfaction of the installation of such thirty (30) spacessecurity system. The Tenant and the Landlord expressly recognize that time is of the essence in the successful completion of the turnkey work on or before the Commencement Date and do hereby agree to cooperate with one another to the fullest extent. In accordance with the foregoing, the parties hereto agree to respect the dates applicable to each of Spaces “A”, “B”, “C” and “D” as set forth in the “Construction Progress Schedules” attached hereto as Schedule “H”. In the event the Landlord is delayed in the performance of the turnkey work by an act or omission of the Tenant or its employees, agents or representatives, then the delivery date of Spaces “A” to “D” inclusivity shall be delayed for such reasonable time as the Landlord may reasonably decide. Notwithstanding this, the Commencement Date of the Term for each of these spaces shall remain unchanged and the Landlord shall use reasonable efforts to cause not be responsible for any damages or overholding costs incurred by the Tenant as a result of such persons not to use delay. In the event the Landlord is delayed in the performance of the turnkey work by an act or omission of the Landlord, then the Commencement Date of the Term for each of the spaces concerned shall remain unchanged and the Tenant shall commence paying rent in accordance with Articles 3 and 4 hereof. In such spaces; providedan event, however, that the Landlord shall have no obligation be responsible for any overholding costs incurred by the Tenant as a result of such delay, up to terminate any lease to which Landlord and such persons may be parties a maximum of $10,000.00 per day. In the event either party is delayed in the performance of its obligations by reason of such unauthorized use. The use of all parking spaces in an Unavoidable Delay, then the Garage Commencement Date, shall be subject delayed for such reasonable time as the Landlord and Tenant may reasonably require, and all other dates contained in this Lease in respect to rules and regulations promulgated by Landlord from time spaces “A” to time“D” inclusively shall be adjusted mutatis mutandis. Except in connection with a permitted sublease or assignment under Article VI hereof, Tenant shall have no right to sublet, assign or otherwise transfer said parking passes without Landlord's prior written consent. If Tenant shall desire to sublet, assign or otherwise transfer any of said parking passes, Tenant shall submit to Landlord in writing the name of the proposed transfereeIn such an event, the terms and conditions of the transfer (including copies of the proposed sublease or assignment) and any other information reasonably requested by Landlord. Landlord shall have the right, exercisable by written notice to Tenant within ten (10) business days after Landlord's receipt of Tenant's notice, to recapture any or all of the parking passes which are the subject of the proposed sublease, assignment or other transfer. If Landlord shall exercise such right, Tenant shall have no further right to such parking passes (and shall return the same to Landlord) effective as of the date and for the period of time set forth in Landlord's recapture notice. If Landlord shall not exercise be responsible for any overholding or other costs incurred by the Tenant as a result of such rightdelay. It is further understood that the Tenant shall be solely responsible for any costs and/or delays resulting from any change orders requested by the Tenant subsequent to its approval of plans and such changes shall not in any way alter the commencement date of the Term. Save as aforesaid, Landlord's consent the Tenant declares having examined Spaces “A” to “D” inclusively and being satisfied therewith. The Landlord shall pay to the proposed sublease, assignment or other transfer shall not unreasonably withheld or unduly delayed; provided, however, that Landlord may withhold its consent if in Tenant the exercise sum of its sole judgment Landlord determines that fifty-five dollars (i$55.00) the financial condition or general reputation per square foot of the proposed transferee is not consistent with 1,547 square feet of rentable area on the extent of the obligations undertaken by the proposed sublease, assignment or other transfer, or (ii) Tenant proposes to sublet or assign to one who, at the time of Tenant's request for consent, is a tenant or occupant 36th floor of the Building and/or is using parking spaces in the Garage or to one with whom Landlord or its agents is (are) actively negotiating for space in the Building or for parking spaces or passes in the Garage, or (iii) the charges for the parking passes which the transferee Landlord is obligated not required to pay are less than deliver to the then current prevailing rate (from time to time) in the Garage. Tenant acknowledges that Landlord's consent may be conditioned upon, inter alia, on a requirement that all charges payable for the use of such parking passes in excess of the charges payable hereunder for such parking passes be paid to Landlordturnkey basis.

Spaces. Subject to the terms of this Lease and provided Tenant shall pay the fees therefor, Landlord shall provide Tenant with, or cause Tenant to be provided with, the number of non-exclusive, unreserved surface parking spaces (not within a parking structure) and the number of exclusive, reserved surface parking spaces (not within a parking structure), designated in the Summary of Basic Lease Information in the lots shown hatched on the site plan attached hereto as Exhibit I (the "Parking Areas") and made part hereof. Notwithstanding the preceding sentenceforegoing, Tenant shall have the option to relinquish its right to lease any of such parking spaces upon not less than sixty (60) days prior written notice to Landlord, following which Tenant shall have no obligation to pay for any of such relinquished parking spaces. Notwithstanding the foregoing, Landlord acknowledges that if Tenant relinquishes any or all of its reserved and unreserved parking spaces during the Term, but thereafter requires the use of such parking spaces, then Landlord upon ten (10) days prior notice from Tenant that unauthorized persons are using shall make such parking spaces available to Tenant. Tenant's use of parking spaces within the Parking Facilities may be subject to any sticker, permit system or parking control implemented by Landlord at any time (subject to the terms of such thirty (30) spaces, Section 33.03 hereof). Landlord or the operator of the Parking Facilities shall use reasonable efforts have the right to cause such persons not change the location of parking from time to use such spacestime; provided, however, that Landlord shall have no obligation to terminate any lease to which Landlord and such persons may be parties by reason of such unauthorized use. The use of all parking spaces in the Garage shall be subject to rules and regulations promulgated by Landlord from time to time. Except in connection with a permitted sublease or assignment under Article VI hereof, Tenant shall have no right to sublet, assign or otherwise transfer said parking passes without Landlord's prior written consent. If Tenant shall desire to sublet, assign or otherwise transfer any of said parking passes, Tenant shall submit to Landlord in writing the name of the proposed transferee, the terms and conditions of the transfer (including copies of the proposed sublease or assignment) and any other information reasonably requested by Landlord. Landlord shall have the right, exercisable by written notice to Tenant within ten (10) business days after Landlord's receipt of Tenant's notice, to recapture any or all of the parking passes which are the subject of the proposed sublease, assignment or other transfer. If Landlord shall exercise such right, Tenant shall have no further right to such parking passes (and shall return the same to Landlord) effective as of the date and for the period of time set forth in Landlord's recapture notice. If Landlord shall not exercise such rightrelocate Tenant's parking spaces outside of the Parking Areas without the consent of Tenant, Landlord's which consent to the proposed sublease, assignment or other transfer shall not be unreasonably withheld or unduly delayed; provided, however, that Landlord may withhold its consent if in the exercise of its sole judgment Landlord determines that (i) the financial condition or general reputation of the proposed transferee is not consistent with the extent of the obligations undertaken by the proposed sublease, assignment or other transfer, or (ii) Tenant proposes to sublet or assign to one who, at the time of Tenant's request for consent, is a tenant or occupant of the Building and/or is using parking spaces in the Garage or to one with whom Landlord or its agents is (are) actively negotiating for space in the Building or for parking spaces or passes in the Garage, or (iii) the charges for the parking passes which the transferee is obligated to pay are less than the then current prevailing rate (from time to time) in the Garage. Tenant acknowledges that Landlordaccess to the Parking Facilities for monthly users is currently by parking identification devices, which are currently transponders. Upon Tenant's consent request, Landlord shall cause to be issued to Tenant's employees, agents, subtenants or other authorized users, vehicle transponders in an amount not to exceed the maximum number of unreserved surface parking spaces allocated to Tenant under this Lease. As a condition of the issuance of any transponders hereunder, Tenant shall pay to Landlord a transponder security deposit of Twenty-Five ($25.00) Dollars for each transponder requested by Tenant. Landlord reserves the right to reasonably increase the amount of the transponder security deposit in conjunction with future requests for transponders, whether such transponders are requested for replacement purposes or for new users. So long as this Lease is in effect, Tenant's visitor's and guests will be entitled to use those parking areas designated for short term visitor parking or unreserved spaces elsewhere within the Parking Facilities. Tenant's visitors and guests shall pay therefor the then current market rates established by the operator of the Parking Facilities. Tenant, at its sole cost and expense, may be conditioned upon, inter alia, a requirement that all charges payable for the use of elect to validate such parking passes for its visitors and guests. All such visitor parking will be on a non-exclusive, in excess common basis with all other tenants, visitors and guests of the charges payable hereunder for such parking passes be paid to LandlordFacility.