Common use of TENANT PARKING Clause in Contracts

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 3 contracts

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

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TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes spaces set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes spaces shall pertain to parking on a first-come, first-served, as available basis in the Property Project parking facility. Tenant shall not use any space to park more than one vehicle at a time. Tenant may surrender spaces on not less than thirty (30) days prior Notice at which time Tenant’s right to re-rent such space shall expire. The location of the reserved parking spaces, if any, shall be designated by Landlord. Tenant shall pay to Landlord monthly fees for automobile all parking passes spaces rented by Tenant, on a monthly basis together with Base Rent, at the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Leasetime. In addition, Tenant shall be responsible for the full amount of any increases in taxes imposed by any governmental authority in connection with the renting of such parking passes spaces by Tenant or the use of the parking facility by Tenant. Tenant may change the number regardless of whether Landlord charges Tenant for such parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes separately or at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Termall. Tenant’s continued right to use the parking passes spaces is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes spaces are located, located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the Project’s parking facilities), Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in Default under this Lease. So long as Neither Tenant nor its employees shall park automobiles in the same do not unreasonably interfere Project parking facility overnight. All vehicles parked in the Project parking facility must be properly licensed in accordance with the laws of the State in which the Project is located and in operable condition. No oversized vehicles, commercial vehicles or vehicles which would damage the surface of the Project parking facility, shall be permitted to use the Project parking facility. Tenant’s use of the Project parking rightsfacility shall be at Tenant’s sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant’s, its employees’ and/or visitors’ use of the parking facilities. Tenant’s rights hereunder are subject to the terms of any Underlying Documents. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may issue a total number of unreserved spaces for the Project parking facility based on past usage patterns rather than limiting spaces to the number of spaces. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord and, at Landlord’s sole discretion, the monthly fees for parking spaces may be billed by and paid to the parking operator. The parking passes spaces rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes spaces may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a may cancel parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord spaces which remain unused for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesninety (90) days or more.

Appears in 3 contracts

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

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have rent throughout the right to rent from Landlord, commencing on Lease Term the Rent Commencement Date, the amount number of unreserved parking passes set forth in Section 9 11 of the Summary (Summary, located in those portions of which up to five (5) the Parking Facilities as may be converted designated by Landlord from time to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facilitytime. Tenant shall pay to Landlord for automobile the use of such parking passes passes, on a monthly basis basis, the prevailing rate charged from time to time at by Landlord or Landlord's parking operator for parking passes in the location of Parking Facilities where such parking passespasses are located. Notwithstanding anything above to the contrary, there will .be no charge for unreserved, uncovered parking passes during the initial Lease Term; provided, however, that during any Option Term (if any extension option is exercised by Tenant pursuant to the first year of the Lease Term following the Rent Commencement Date onlyExtension Option Rider), Tenant shall be entitled pay to rent Landlord for the unreserved use of such unreserved, uncovered parking passes at passes, on a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereaftermonthly basis, the prevailing rate (if any) charged from time to time by Landlord shall be subject to market rate increases consistent with the or Landlord's parking rates being charged by landlords of Comparable Buildings operator for unreserved, uncovered parking passes in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of Parking Facilities where such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Termare located. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 Parking Facilities and upon Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s In addition, Landlord may assign any parking rights, spaces and/or make all or a portion of such spaces reserved or institute an attendant-assisted tandem parking program and/or valet parking program if Landlord determines in its sole discretion that such is necessary or desirable for orderly and efficient parking. Landlord specifically reserves the right right, from time to time, to change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility at any time and Tenant acknowledges and agrees Parking Facilities; provided, however, 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 Property parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

TENANT PARKING. Subject Landlord shall provide Tenant, throughout the Lease Term, the number of reserved and unreserved parking. passes see forth in Section 11 of the Summary, located in those portions of the Parking Facilities as may be designated by Landlord from time to time. The initial location of Tenant's reserved parking passes in the terms of this Article 28, Parking Facilities is set forth on Exhibit H-1 attached hereto. Tenant acknowledges and agrees that Landlord shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount relocate a portion of unreserved Tenant's reserved parking passes set forth (from the location depicted on Exhibit H-1) to another location in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), Project depicted on a monthly basis throughout the Lease Term, which Exhibit H-2 attached hereto. All parking passes that are designated as reserved for Tenant shall pertain to the Property parking facilitybe so designated utilizing a stencil designation at, Landlords sole cost and expense. Tenant shall not be obligated to pay to Landlord any parking charges for automobile any of Tenant Is parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year described in Section 11 of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease TermSummary. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are reasonably 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 Parking Facilities and upon Tenant’s 's reasonable cooperation in seeing that Tenant’s employees 's employee's and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s In addition, Landlord may assign any parking rights, spaces and/or make all or a portion of such spaces reserved or institute a valet parking program if Landlord determines in its sole discretion that such is necessary or desirable for orderly and efficient parking. Landlord specifically reserves the right right, from time to time, to change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility at any time Parking Facilities, and Tenant acknowledges and agrees that Landlord Landlord, from time to time, may, without incurring any liability to Tenant and without without, except as otherwise provided in Section 6.5 above, any abatement of Rent under trader this Lease, from time to time, close-Lease temporarily close off or restrict access to the Property Parking Facilities, or temporarily relocate Tenant); parking facility spaces to other parking structures and/or surface parking areas within a reasonable distance from the Parking Facilities, for purposes of permitting -permitting or facilitating any such construction, alteration -alteration or improvementsimprovements or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structure]; located on the Real Property. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by provided to Tenant pursuant to this Article 28 23 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by TenantTenant without Landlord's, prior approval (except in connection with a Transfer to any assignee or sublessee permitted under the terms of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approvalhereof). Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.ARTICLE 24

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

TENANT PARKING. Subject to Commencing on the terms of this Article 28Lease Commencement Date, Tenant shall have the right right, at no additional charge, to rent from Landlord, commencing on the Rent Commencement Date, use the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Midon-Market/Civic Center Areasite parking facility (or facilities) which serve the Project. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the Project parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, is located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the parking facilities), Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulations. So long as Tenant's use of the same do not unreasonably interfere Project parking facility shall be at Tenant's sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant’s 's, its employees' and/or visitors' use of the parking rights, facilities. Tenant's rights hereunder are subject to the terms of any Underlying Documents now in effect. Landlord specifically reserves the right to change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility serving the Project at any time and Tenant acknowledges and agrees that that, so long as Tenant's access to and use of the Premises is not thereby materially impaired, 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 Property Project parking facility for purposes of -40- [HCP LIFE SCIENCES][BRITANNIA SEAPORT CENTRE][Pulmonx, Inc.] permitting or facilitating any such construction, alteration or improvements. In connection with any such actions, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of the Project parking areas. Landlord reserves the right to require attended parking from time to time. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 3 contracts

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

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right right, but not the obligation, to rent from Landlord, commencing on throughout the Rent Commencement Date, Lease Term the amount number of reserved and unreserved parking passes set forth in Section 9 11 of the Summary, located in those portions of the Parking Facilities as may be designated by Landlord from time to time; provided, however, that six (6) of Tenant's reserved parking passes within the allotment set forth in Section 11 of the Summary shall be located directly in front of the main entrance to the Premises (of which up with the exact location to five (5) may be converted designated by Landlord). The cost to designate Tenant's reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facilitybe at Tenant's sole cost and expense. Tenant shall pay to Landlord for automobile the use of such parking passes passes, on a monthly basis basis, the prevailing rate charged from time to time at the location of such by landlord or Landlord's parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved operator for parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of Parking Facilities where such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Termare located. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 Parking Facilities and upon Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s In addition, Landlord may assign any parking rights, spaces and/or make all or a portion of such spaces reserved or institute an attendant-assisted tandem parking program and/or valet parking program if Landlord determines in its sole discretion that such is necessary or desirable for orderly and efficient parking. Landlord specifically reserves the right right, from time to time, to change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility at any time Parking Facilities, and Tenant acknowledges and agrees that Landlord Landlord, from time to time, may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, Lease temporarily close-off or restrict access to the Property Parking Facilities, or temporarily relocate Tenant's parking facility spaces to other parking structures and/or surface parking areas within a reasonable distance from the Parking Facilities, for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located on the Real Property. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to Landlord. The parting rates charged by Landlord for Tenant's parking passes shall be exclusive of any parking tax or other charges imposed by governmental authorities in connection with the use of such parking, which taxes and/or charges 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 (10) days after Tenant's receipt of the invoice from Landlord. The parking passes rented by provided to Tenant pursuant to this Article 28 23 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.ARTICLE 24

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

TENANT PARKING. Subject to Commencing on the terms of this Article 28Lease Commencement Date, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, use up to the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting use of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may, at any time, institute valet assisted parking, tandem parking stalls, “stack” parking, or other parking program within the Project parking facility, and Landlord may, at any time, designate all or any portion of Tenant’s unreserved parking passes for the use of parking in an offsite parking facility reasonably designated by Landlord, and Tenant and its employees shall comply with any such measures. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If The Project parking facility includes an underground parking facility (the “City Parking Access Area”), which is available for public parking as set forth in this Article 28. The City of Sunnyvale has the right, pursuant to that certain Declaration of Covenants, Conditions, and Restrictions and Reciprocal Easement Agreement (Downtown Sunnyvale Parking Structures) dated as of November 15, 2000 and recorded November 22, 2000, as Instrument Number 15470449 in the Official Records of Santa Xxxxx County, California, to use 320 parking spaces in the City Parking Access Area for public parking during the hours of 6:00 PM and 6:00 AM, Monday through Friday, and at all times on Saturdays and Sundays and to use the entire Project parking facility for public parking for “special events” during evening and weekend hours up to eight (8) times per year as specified by the City of Sunnyvale (collectively, the “City Parking Rights”). All parking rights of Tenant under this Lease are subject to the City Parking Rights, including without limitation the right of the City of Sunnyvale to collect fees for parking in the City Parking Access Area during the hours of 6:00 PM and 6:00 AM, Monday through Friday, and at all times on Saturdays and Sundays. Landlord adds a parking valet, Tenant shall have the right to use such valetmake reasonable modifications to the City Parking Rights, or to create, accept or adopt additional City Parking Rights, so long as they do not materially adversely affect Tenant’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesrights as provided in this Article 28.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be obligated to rent from Landlord, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such monthly parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord Landlord, which monthly rate shall be subject to market rate increases consistent with the monthly parking rates rate then being charged by landlords of Comparable Buildings Buildings” as that is defined in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by TenantExhibit G, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Leaseattached hereto. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. If Landlord elects to increase the capacity of the Project parking facility by implementing valet parking, at Landlord’s sole discretion, Tenant shall have the right to rent additional parking passes made available as a result of such valet (“Additional Valet Parking Passes”). No more than once in a twelve (12) calendar month period, Tenant may change increase, or decrease in increments of five (5), the number of parking passes Additional Valet Parking Passes rented pursuant to this Article 28 by Tenant, upon thirty forty-five (3045) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more (nor shall Landlord provide) less than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the Project parking facility where the parking passes are locatedfacility, including any sticker or other identification system established by Landlord Landlord, and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements; provided, however, that Landlord will use reasonable efforts to provide Tenant with reasonable advance notice of any such anticipated temporary close-off or restriction in access to the parking facility. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces. Tenant acknowledges that the retail tenants at the Project shall not be entitled to park, or allow their visitors and invitees to park, their vehicles in the Project parking facilities prior to 5:00 P.M. on weekdays (that are not holidays); provided, however such retail tenants, at their sole cost and expense, may elect to implement a valet parking system in the Project parking facilities after 5:00 P.M. on weekdays and at anytime on weekends and holidays. Landlord shall have the right to grant up to one (1) parking pass for use by the tenant of the Retail Space in the Project parking facility.

Appears in 2 contracts

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

TENANT PARKING. Subject to Commencing on the terms of this Article 28Lease Commencement Date, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, use up to the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting use of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in Default. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may, at any time, institute valet assisted parking, tandem parking stalls, “stack” parking, or other parking program within the Project parking facility, and Landlord may, at any time, designate all or any portion of Tenant’s unreserved parking passes for the use of parking in an offsite parking facility reasonably designated by Landlord, and Tenant and its employees shall comply with any such measures. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, Tenant except to a Transferee approved by Landlord in connection accordance with a Transfer of the Premises pursuant to Article 14 of this Lease14, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If The Project parking facility includes an underground parking facility (the “City Parking Access Area”), which is available for public parking as set forth in this Article 28. The City of Sunnyvale has the right, pursuant to that certain Declaration of Covenants, Conditions, and Restrictions and Reciprocal Easement Agreement (Downtown Sunnyvale Parking Structures) dated as of November 15, 2000 and recorded November 22, 2000, as Instrument Number 15470449 in the Official Records of Santa Xxxxx County, California, to use 320 parking spaces in the City Parking Access Area for public parking during the hours of 6:00 PM and 6:00 AM, Monday through Friday, and at all times on Saturdays and Sundays and to use the entire Project parking facility for public parking for “special events” during evening and weekend hours up to eight (8) times per year as specified by the City of Sunnyvale (collectively, the “City Parking Rights”). All parking rights of Tenant under this Lease are subject to the City Parking Rights, including without limitation the right of the City of Sunnyvale to collect fees for parking in the City Parking Access Area during the hours of 6:00 PM and 6:00 AM, Monday through Friday, and at all times on Saturdays and Sundays. Landlord adds a parking valet, Tenant shall have the right to use such valetmake reasonable modifications to the City Parking Rights, or to create, accept or adopt additional City Parking Rights, so long as they do not materially adversely affect Tenant’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesrights as provided in this Article 28.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right right, but not the obligation, to rent from Landlordrent, on a monthly basis throughout the Lease Term commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (Summary, all of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facilityfacilities. Tenant may increase or decrease the amount of such unreserved parking passes rented by Tenant upon not less than thirty (30) days prior written notice to Landlord; provided that in no event shall Tenant rent more than the amount of unreserved parking passes set forth in Section 9 of the Summary. Tenant shall pay to Landlord (or its designee) for automobile the parking passes on a monthly basis at the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a which prevailing rate of One Hundred Fifty is currently Forty and 00/100 Dollars ($150.0040.00) per unreserved parking pass per month; month as of the date of this Lease, and provided, further, that thereafter, the prevailing rate charged by Landlord Tenant’s unreserved parking passes shall be subject to market rate increases consistent without charge for the initial Lease Term only (excepting only any parking taxes or other charges imposed by governmental authorities in connection with the use of such parking rates being as more particularly contemplated below). In addition to any fees that may be charged by landlords to Tenant in connection with its parking of Comparable Buildings automobiles in the Mid-Market/Civic Center Area. The foregoing Project parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionfacilities, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 2 contracts

Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)

TENANT PARKING. Subject Tenant and the Tenant’s parties (including Tenant’s visitors) shall be entitled to the terms of this Article 28utilize, Tenant shall have the right to rent from Landlordwithout charge, and on a non-exclusive basis, commencing on the Rent Lease Commencement Date, the amount of unreserved and unassigned parking passes spaces set forth in Section SECTION 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facilitySummary. Tenant shall pay cooperate with Landlord to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; providedensure that Tenant’s agents, howeverservants, during the first year of the Lease Term following the Rent Commencement Date onlyemployees, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars contractors ($150.00collectively, “TENANT PARTIES”) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent comply with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees Rules and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations Regulations which are reasonably prescribed from time to time by Landlord for the orderly operation and use of the parking facility areas where the parking passes spaces are located, including any sticker or other identification system established by Landlord and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules Rules and regulationsRegulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change make reasonable changes to the size, configuration, design, layout and all other aspects of the Property Project parking facility areas and improvements at any time upon thirty (30) days’ prior written notice to Tenant and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to portions of the Property Project parking facility areas for purposes of permitting or facilitating any such construction, alteration or improvements; provided, however, that Landlord will undertake reasonable efforts to minimize the number of parking spaces affected by and the duration of any such temporary restrictions on use of the parking areas and provided further that Tenant is provided commercially reasonable access to the Building at all times. In no event shall Tenant’s Share of parking on the Project be permanently reduced below any minimum parking ratio required under Applicable Laws or Tenant’s parking allocation set forth in Section 9 of the Lease Summary, or in any manner which would materially, adversely interfere with Tenant’s use and occupancy of the Premises. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of parking area control attributed hereby to the Landlord. The parking passes rented by spaces available to Tenant pursuant to this Article ARTICLE 28 are provided to Tenant solely for use by Tenant’s own personnel the Tenant Parties and such passes spaces may not be transferred, assigned, subleased or otherwise alienated by Tenant, except on a pro-rata basis in connection with a Transfer an assignment or subletting of the Premises pursuant to Article 14 permitted or approved in accordance with the TCCs of this Lease, without Landlord’s prior approvalARTICLE 14. Tenant may validate visitor shall not utilize any of the Project parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord areas for the Building. In additionovernight storage of vehicles owned by Tenant or its employees, if Landlord expands agents or contractors, although Tenant may permit its employees to occasionally leave their personal automobiles in the parking areaareas when traveling on business for periods under one week at a time, provided that Tenant shall have does not exceed its parking allocation as set forth in Section 9 of the right to its proportionate share of such additional spacesSummary.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled to rent from Landlordutilize, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (Summary, without charge to Tenant for the duration of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the initial Lease Term and any Option Term, which . The parking passes shall pertain to the Property Project parking facility. Following the expiration of the initial Lease Term, and any Option Term, Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during . Notwithstanding the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionforegoing, Tenant shall be responsible (and the same may be included in Direct Expenses) for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease (beyond the applicable notice and cure period set forth in this Lease). So long as the same do not unreasonably interfere with The location of Tenant’s reserved parking rightsspaces shall be mutually agreed upon between Landlord and Tenant, subject to availability, provided that the initial location of such reserved parking spaces shall be as set forth on Exhibit I attached hereto. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by TenantXxxxxx’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of all or a portion of the Premises pursuant to under Article 14 of this Lease14, above, without LandlordXxxxxxxx’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 2 contracts

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

TENANT PARKING. Subject to the terms of this Article 28Tenant, Tenant Tenant’s Permitted Transferees and Tenant’s Occupants shall have the right to rent from Landlorduse, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. Tenant hereby acknowledges and agrees that notwithstanding the permitted occupancy density of five (5) persons per each one thousand (1,000) rentable square feet of the Premises as more particularly set forth in Section 5.2, above, in no event shall Tenant be entitled to park automobiles anywhere in the Project parking facility in a total amount that would at anytime exceed an amount equal to three and one-half (3 1⁄2) unreserved parking passes for every one thousand (1,000) rentable square feet of the Premises. Tenant shall not be obligated to pay to Landlord any fee for automobile parking passes on a monthly basis during the prevailing rate charged from time to time at the location of such parking passesinitial Lease Term or any Option Term; provided, however, during to the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings extent not included in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionTax Expenses, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements; provided, however, in no event shall the number of parking passes available for Tenant’s use decrease below the number of parking passes expressly allocated to Tenant under this Lease. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by provided to Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 2 contracts

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

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 15 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; passes (which is currently $55.00 per pass per month), provided, however, during the first year that so long as there is no Default of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the first three Lease Years of the initial Lease Term, then Tenant’s right Tenant will not be required to again increase pay the number of prevailing parking passes that it elects fee attributable to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of unreserved parking passes allocated to Tenant as set forth in Section 9 of the Summary under this Lease and accruing during the Lease Termsuch period. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes spaces are located, including any sticker or other identification system established by Landlord and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in Default under this Lease. So long as the same do not unreasonably interfere with Tenant’s use of the Project parking rightsfacility shall be at Tenant’s sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant’s, its employees’ and/or visitors’ use of the parking facilities. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel employees and visitors and the employees and visitors of any assignee, subtenant or other entity pursuant to a Permitted Transfer or a transaction to which Landlord consents under Article 14, and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking, at Tenant’s sole cost. Landlord shall have no obligation to monitor the use of such parking facility, nor shall Landlord be responsible for any loss or damage to any vehicle or other property or for any injury to any person. Tenant’s parking passes shall be used only for parking of automobiles no larger than full size passenger automobiles, sport utility vehicles or pick-up trucks. Tenant shall comply with all rules and regulations which may be adopted by Landlord from time to time with respect to parking and/or the parking facilities servicing the Project. Tenant shall not have the exclusive right to use any specific parking space. If Landlord adds a grants to any other tenant the exclusive right to use any particular parking valetspace(s), Tenant shall have the right to not use such valet’s services spaces. All trucks (other than pick-up trucks) and delivery vehicles shall be (i) parked at the rate loading dock of the Building, (ii) loaded and unloaded in a manner which does not interfere with the businesses of 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 in its sole and absolute discretion or is required by any Law to limit or control parking, whether by validation of parking tickets or any other method of assessment, Tenant agrees to participate in such validation or assessment program under such reasonable rules and regulations as are from time to time established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesLandlord.

Appears in 2 contracts

Samples: Office Lease (Xenith Bankshares, Inc.), Office Lease (Xenith Bankshares, Inc.)

TENANT PARKING. Subject During the Term, Landlord shall provide Tenant with parking passes for use by standard size automobiles and small utility vehicles in an amount equal to the terms number of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 10 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermSummary, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis located on-site and/or off-site, as the prevailing rate charged from time to time at the location of such parking passes; providedcase may be, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change (or facilities) which serve the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease TermProject. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations regulations, of which Tenant has knowledge, which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, provide access (including any sticker or other identification system established by Landlord and Tenant’s cooperation the prohibition of vehicle repair and maintenance activities in the parking facilities), and shall cooperate in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects use of the Property parking passes for parking at the Project parking facility shall be at any time Tenant’s sole risk and Tenant acknowledges and agrees that Landlord mayshall have no liability whatsoever for damage to the vehicles of Tenant, without incurring its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any liability of Tenant’s, its employees’ and/or visitors’ use of the parking facilities. Tenant shall pay for such parking passes (whether or not so used) at Landlord’s then current prevailing monthly rate for parking spaces. The prevailing monthly rate for parking passes shall be subject to Tenant and without any abatement of Rent under this Lease, change from time to time, close-off or restrict access to the Property parking facility time as determined by Landlord. Such payments shall constitute Additional Rent for purposes of permitting the Lease. Payments under this Section shall be made at the places and limes and subject to the conditions specified for payments of Base Rent, or facilitating any at such constructionother places and times as Landlord shall specify in writing. Without limiting Landlord’s other remedies under the Lease, alteration or improvements. if Tenant shall fail to pay the amounts due for such parking passes for more than ten (10) days after notice of such failure, then Landlord may delegate its responsibilities hereunder terminate Tenant’s rights to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the passes immediately upon notice by Landlord. The parking passes rented by Tenant pursuant to Tenant’s rights under this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may shall not be transferred, assigned, subleased assigned or otherwise alienated by Tenant, sublicensed except in connection with a Transfer an assignment or sublease permitted under Article 14. Subject to the rights of other tenants or occupants in the Premises pursuant to Article 14 of this LeaseBuilding, without Landlord’s prior approval. Tenant may validate visitor request additional parking by such method or methods as the Landlord may establish, at the validation rate passes from time to time generally upon at least 45 days’ prior written notice to Landlord. Any such additional parking passes (the “Additional Passes”) shall be used by Tenant on all of the terms and conditions applicable to visitor parking. If the passes otherwise provided to Tenant under this Article 28 except that Landlord adds a may terminate Tenant’s rights to one or more Additional Passes from time to time on at least 30 days’ prior written notice to Tenant if required to satisfy the building standard ratio of .80 parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for passes per 1,000 rentable square feet associated with then-vacant premises in the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 2 contracts

Samples: Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)

TENANT PARKING. Subject Tenant and the Tenant's parties (including Tenant's visitors) shall be entitled to the terms of this Article 28utilize, Tenant shall have the right to rent from Landlordwithout charge, and on a non-exclusive basis, commencing on the Rent Lease Commencement Date, the amount of unreserved and unassigned parking passes spaces set forth in Section SECTION 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facilitySummary. Tenant shall pay cooperate with Landlord to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; providedensure that Tenant's agents, howeverservants, during the first year of the Lease Term following the Rent Commencement Date onlyemployees, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars contractors ($150.00collectively, "TENANT PARTIES") per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent comply with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees Rules and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations Regulations which are reasonably prescribed from time to time by Landlord for the orderly operation and use of the parking facility areas where the parking passes spaces are located, including any sticker or other identification system established by Landlord and Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules Rules and regulationsRegulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change make reasonable changes to the size, configuration, design, layout and all other aspects of the Property Project parking facility areas and improvements at any time upon thirty (30) days' prior written notice to Tenant and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to portions of the Property Project parking facility areas for purposes of permitting or facilitating any such construction, alteration or improvements; provided, however, that Landlord will undertake reasonable efforts to minimize the number of parking spaces affected by and the duration of any such temporary restrictions on use of the parking areas and provided further that Tenant is provided commercially reasonable access to the Building at all times. In no event shall Tenant's Share of parking on the Project be permanently reduced below any minimum parking ratio required under Applicable Laws or Tenant's parking allocation set forth in Section 9 of the Lease Summary, or in any manner which would materially, adversely interfere with Tenant's use and occupancy of the Premises. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of parking area control attributed hereby to the Landlord. The parking passes rented by spaces available to Tenant pursuant to this Article ARTICLE 28 are provided to Tenant solely for use by Tenant’s own personnel the Tenant Parties and such passes spaces may not be transferred, assigned, subleased or otherwise alienated by Tenant, except on a pro-rata basis in connection with a Transfer an assignment or subletting of the Premises pursuant to Article 14 permitted or approved in accordance with the TCCs of this Lease, without Landlord’s prior approvalARTICLE 14. Tenant may validate visitor shall not utilize any of the Project parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord areas for the Building. In additionovernight storage of vehicles owned by Tenant or its employees, if Landlord expands agents or contractors, although Tenant may permit its employees to occasionally leave their personal automobiles in the parking areaareas when traveling on business for periods under one week at a time, provided that Tenant shall have does not exceed its parking allocation as set forth in Section 9 of the right to its proportionate share of such additional spacesSummary.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have be entitled to use throughout the right to rent from Landlord, commencing on Lease Term the Rent Commencement Date, the amount number of reserved and unreserved parking passes set forth in Section 9 12 of the Summary (Summary, in a location in the Building Complex Parking Area as designated in Section 12 of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facilitySummary. Tenant shall pay to Landlord for automobile the use of such parking passes passes, on a monthly basis basis, the prevailing rate charged from time to time at by Landlord or Landlord’s parking operator for parking passes in the location of Building Complex Parking Area where such parking passespasses are located. As of the date hereof, the prevailing rate for unreserved parking passes is Ninety Dollars ($90.00) per pass per month and the rate for reserved parking passes is One Hundred Ten Dollars ($110.00) per pass per month (subject, however, to increase from time to time during the Term to Landlord’s then-prevailing rate); provided, however, during that Landlord agrees to not increase Landlord’s prevailing parking rate payable by Tenant for the first year sixty (60) months of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall the parking rates payable by Tenant be entitled to rent increase, on an annual and cumulative basis, more than three percent (3%) over the amount parking rates charged by Landlord for the prior calendar year. Notwithstanding the foregoing, so long as Tenant is not in default under this Lease beyond any applicable notice and type cure period, Landlord agrees to xxxxx Xxxxxx’s parking charges for the first twelve (12) full calendar months of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 Building Complex Parking Area provided that Landlord and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with shall enforce such rules and regulationsregulations uniformly as to all users of the Building Complex Parking Area. So long as the same do not unreasonably interfere with Tenant’s In addition, Landlord may assign any parking rights, spaces and/or make all or a portion of such spaces reserved or institute an attendant-assisted tandem parking program and/or valet parking program if Landlord determines in its sole discretion that such is necessary or desirable for orderly and efficient parking. Landlord specifically reserves the right right, from time to time, to change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility at any time Building Complex Parking Area, and Tenant acknowledges and agrees that Landlord Landlord, from time to time, may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, Lease temporarily close-off or restrict access to the Property Building Complex Parking Area, or temporarily relocate Tenant’s parking facility spaces to other parking structures and/or surface parking areas within a reasonable distance from the Building Complex Parking Area, for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located on the Real Property. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to Landlord. The parking rates charged by Landlord for Tenant’s parking passes shall be exclusive of any parking tax or other charges imposed by governmental authorities in connection with the use of such parking, which taxes and/or charges 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 (10) days after Xxxxxx’s receipt of the invoice from Landlord. The parking passes rented by provided to Tenant pursuant to this Article 28 24 are provided to Tenant solely for use by TenantXxxxxx’s own personnel (and the personnel of any Affiliate Assignee) and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approvalwritten approval (except to any Affiliate Assignee). Notwithstanding anything to the contrary contained in this Section or elsewhere in the Lease, the following terms and conditions shall apply to the Tenant may validate visitor parking set forth herein: (i) Tenant shall always have available for its use two (2) parking spaces per 1,000 rentable square feet of space in the Building occupied by such method or methods Tenant which shall include any additional Space acquired by Tenant’s exercise of its rights under Section 1.4 hereof; (ii) if Tenant increases the size of the Premises by any First Offer Space, three (3%) percent of all new parking spaces shall be set aside as reserved parking spaces; (iii) all parking spaces which are reserved spaces for Tenant’s use in the Building Complex Parking Area shall be designated parking spaces for Tenant’s exclusive use; (iv) Tenant may, upon thirty (30) days prior written notice to Landlord may establish, at the validation rate from time convert any reserved parking spaces to time generally applicable to visitor parking. If Landlord adds a unreserved parking valet, spaces; (v) Tenant shall have access to the right Building Complex Parking Area and its parking spaces twenty four (24) hours per day, seven (7) days per week and three hundred sixty five (365) days each year, subject, however, to use such valet’s services at the rate established by aforementioned rights of Landlord to temporarily restrict access thereto for maintenance and repair and subject to Force Majeure events; (vi) the Building. In addition, if Landlord expands the parking area, reserved spaces designated for Tenant are identified on Exhibit I attached hereto and shall have the right to its proportionate share of such additional spacesbe designated with signs reading “For Expectant Mothers”.

Appears in 2 contracts

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

TENANT PARKING. Subject Landlord shall provide to the terms of this Article 28Tenant, and Tenant shall have the right to rent from (for use by Tenant and its employees, agents and contractors, and Tenant’s subtenants and assignees pursuant to subleases and assignments entered into in accordance with Article 13 above), during the entire Lease Term (including any extension/renewal thereof), at Landlord, commencing on the Rent Commencement Date’s prevailing rates, the amount number and type of unreserved parking passes spaces set forth in Section 9 of the Summary and elsewhere in this Lease (and all other parking and other rights of which up to five (5) may be converted to reserved parking passesTenant set forth in such Section 9), on a monthly basis throughout the Lease Term, which subject to adjustment as provided in Articles 2.2.1 and 21 above. All parking passes shall pertain spaces allocated to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing Building covered parking rates may only be utilized by Tenantfacility, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of in the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth locations described in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility for purposes of permitting or facilitating any such construction, alteration or improvementsSummary. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control and obligations attributed hereby to the LandlordLandlord but such delegation shall not relieve Landlord of its liabilities hereunder. The Tenant shall only be required to pay for parking passes rented by Tenant pursuant spaces that it actually elects to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except use; in connection with a Transfer therewith, prior to the Lease Commencement Date, Tenant shall notify Landlord in writing of the Premises pursuant number of such parking spaces Tenant shall rent (up to Article 14 the maximum amount set forth in Section 9 of this Leasethe Summary, without Landlord’s prior approval. as may be adjusted as provided in Articles 2.2.1 and 21 above), and thereafter Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a increase or decrease the number of such parking valet, spaces Tenant shall have the right rent (up to use such valet’s services at the rate established maximum amount) upon thirty (30) days’ advance written notice to Landlord. Tenant shall abide by all reasonable, non-discriminatory parking rules and regulations adopted by Landlord from time to time for parking in the Building’s parking facility. In addition, if All visitor parking by Tenant’s visitors shall be subject to payment by such visitors of the prevailing visitor parking rates charged by Landlord expands the parking area, Tenant shall have the right from time to its proportionate share of such additional spacestime.

Appears in 2 contracts

Samples: Lease (CoreSite Realty Corp), Lease (CoreSite Realty Corp)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled to rent from Landlord, use commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermSummary, which parking passes shall pertain to the Property Project parking facilityfacilities. Tenant shall pay to Landlord (or its designee) for automobile the parking passes on a monthly basis at the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the and Tenant’s unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent without charge for the initial Lease Term only (excepting only any parking taxes or other charges imposed by governmental authorities in connection with the use of such parking rates being as more particularly contemplated below). In addition to any fees that may be charged by landlords to Tenant in connection with its parking of Comparable Buildings automobiles in the Mid-Market/Civic Center Area. The foregoing Project parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionfacilities, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, -00- XXXXXX XXXXXX XXXXXX CENTRE DEL MAR [Airgain, Inc.] configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 2 contracts

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

TENANT PARKING. Subject During the Term, Landlord shall provide Tenant with parking passes for use by standard size automobiles and small utility vehicles in an amount equal to the terms number of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 10 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermSummary, which parking passes shall pertain to the Property parking facilityfacility (or facilities located at the Project. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; providedshall, however, during the first year of the Lease Term following the Rent Commencement Date only, and Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty require its employees and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to visitors who use the parking passes is conditioned upon Tenant abiding to, abide by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, provide access (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the parking facilities). Tenant’s cooperation in seeing that use of the parking passes for parking at the Project parking facility shall be at Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility at any time sole risk and Tenant acknowledges and agrees that Landlord mayshall have no liability whatsoever for damage to the vehicles of Tenant, without incurring its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any liability of Tenant’s, its employees’ and/or visitors’ use of the parking facilities. Tenant shall pay for such parking passes (whether or not so used) at Landlord’s then current prevailing monthly rate for parking spaces, which rate is as of the date of this Lease $245 per parking pass per month. The prevailing monthly rate for parking passes shall be subject to Tenant and without any abatement of Rent under this Lease, change from time to time, close-off or restrict access but not more often than once per calendar year, as determined by Landlord in order to the Property parking facility more accurately reflect fair market rates. Such payments shall constitute Additional Rent for purposes of permitting the Lease. Payments under this Section shall be made at the places and times and subject to the conditions specified for payments of Base Rent, or facilitating any at such constructionother places and times as Landlord shall specify in writing. Without limiting Landlord’s other remedies under the Lease, alteration or improvements. if Tenant shall fail to pay the amounts due for such parking passes for more than ten (10) days after notice of such failure, then Landlord may delegate its responsibilities hereunder terminate Tenant’s rights to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the passes immediately upon notice by Landlord. The parking passes rented by Tenant pursuant to Tenant’s rights under this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may shall not be transferred, assigned, subleased assigned or otherwise alienated by Tenant, sublicensed except in connection with a Transfer an assignment or sublease permitted or consented to under Article 14. Subject to the rights of other tenants or occupants in the Premises pursuant to Article 14 of this LeaseBuilding, without Landlord’s prior approval. Tenant may validate visitor request additional parking by such method or methods as the Landlord may establish, at the validation rate passes from time to time generally upon at least 45 days’ prior written notice to Landlord. Any such additional parking passes (the “Additional Passes”) shall be used by Tenant on all of the terms and conditions applicable to visitor parking. If the passes otherwise provided to Tenant under this Article 28 except that Landlord adds a may terminate Tenant’s rights to one or more Additional Passes from time to time on at least 30 days’ prior written notice to Tenant if required to satisfy the building standard ratio of .80 parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for passes per 1,000 rentable square feet associated with then-vacant premises in the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 2 contracts

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

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled to rent from Landlordutilize, [***], commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (provided that any visitor parking spaces and/or handicap parking spaces required by Applicable Laws due to Tenant's occupancy shall be included as part of which up the number passes provided to five (5) may be converted to reserved parking passesTenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the Property Project designated for Tenant's exclusive use or designated for all access use; provided, however, that in connection with the foregoing, (i) the entirety of the Project parking facilitystructure commonly referred to as "Parking Structure A," which contains a total of eight hundred thirty-three (833) parking spaces, shall be designated for Tenant's exclusive use as long as Tenant continues to lease the entirety of the Premises and the 13500 Premises, and (ii) except with regard to the "Reserved Spaces" identified hereinbelow, the entirety of the Project parking structure commonly referred to as "Parking Structure B" shall be designated for the exclusive use of the tenants of the 13520 Building. Landlord shall implement an access control system for each of Parking Structure A and Parking Structure B in order to ensure that only parkers with the appropriate parking pass can park in the applicable parking structure. As part of the number of parking passes set forth in Section 9 of the Summary, Tenant shall have the right to rent up to twenty-five (25) passes, each relating to one (1) reserved parking space located on the second (2nd) level of Parking Structure B on a monthly basis throughout the remainder of the Lease Term (the "Reserved Passes"); provided that the right to rent such Reserved Pass must be exercised by Tenant, if at all, pursuant to a written notice to Landlord expressing Tenants' desire to rent such Reserved Passes for a minimum of twelve (12) consecutive calendar months. Tenant shall pay to Landlord for automobile parking passes each Reserved Pass so rented and on a monthly basis basis, the then-prevailing rate charged from time to time at the location of such parking passes; provided, however, during passes (the first year initial amount of which is acknowledged by the Lease Term following parties to be [***]. Notwithstanding the Rent Commencement Date onlyforegoing, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall all times be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of All remaining parking passes rented pursuant which Landlord is required to this Article 28 upon thirty (30) days prior written notice provide to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects shall be applicable to rent less than all the surface parking areas of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease TermProject. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing 's exercise of commercially reasonable efforts to cause that Tenant’s 's employees and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease. So long as To the same do not unreasonably interfere extent reasonably necessary to ensure Tenant's parking rights and obligations hereunder are readily available to and maintained by Tenant and its employees, Landlord shall establish a sticker or other identification system for the Project; provided, however, to the extent the foregoing measures prove insufficient, Landlord shall additionally implement, at Tenant's sole cost and expense, reasonable access control and/or other parking management services or systems with Tenant’s regard to such Project parking rights, facilities. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease (except to the extent expressly set forth in Section 3.2 of this Lease, above), from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights During any period of control attributed hereby closure of or restricted access to the LandlordProject parking areas, Landlord shall be responsible to provide Tenant with reasonable replacement parking in reasonable proximity and with reasonable access to the Premises. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 [***] Confidential portions of this Lease, without Landlord’s prior approvaldocument have been redacted and filed separately with the Commission. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.57

Appears in 2 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passesthe “Tenant Allocated Passes”), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. Subject to the foregoing, Tenant may increase or decrease the number of Tenant Allocated Passes rented by Tenant upon not less than thirty (30) days notice to Landlord. Subject to availability as determined by Landlord and the terms of this Article 28, Tenant shall have the right to lease unreserved parking passes in the Building parking facility in addition to the Tenant Allocated Passes (such additional parking passes to be referred to herein as the “Additional Passes”). Any Additional Passes shall be subject to termination by either Landlord or Tenant at any time upon not less than thirty (30) days notice to the other party. Tenant shall pay to Landlord for automobile parking passes rented by Tenant, on a monthly basis basis, an amount (the prevailing rate charged from time “Parking Charge”) equal to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord from time to time (the “Prevailing Parking Rate”); provided, however, that during the first Lease Year of the initial Lease Term, the Parking Charge with respect to the Tenant Allocated Passes (and not the Additional Passes) shall be subject deemed to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee equal seventy percent (70%) of the Tenant’s interest in this LeasePrevailing Rate. In additionaddition to the Parking Charge, Tenant shall at all times be 000 XXXXXXXX XXXXXXXXX responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the Project’s parking facilities), and Tenant’s reasonable cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s use of the Project parking rightsfacility shall be at Tenant’s sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant’s, its employees’ and/or visitors’ use of the parking facilities. Tenant’s rights hereunder are subject to the terms of any Underlying Documents. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the LandlordLandlord (but such delegation shall not relieve Landlord of the obligation to provide Tenant or cause to be provided to Tenant the parking rights provided for hereunder). The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 2 contracts

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

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on use up to the Rent Commencement Date, the amount number of reserved and unreserved parking passes spaces set forth in Section 9 11 of the Summary (of which up and if Tenant leases the Machine Shop Space, pursuant to five (5Section 1.5. above, the unreserved parking spaces set forth in Section 1.5.6 above) may be converted for parking in the Parking Facilities, at no additional cost to reserved parking passes), on a monthly basis throughout Tenant during the initial Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, the cost to designate Tenant's reserved parking spaces adjacent to the Building, as depicted on EXHIBIT E, shall be at Tenant's sole cost, which cost may be deducted from the Refurbishment Allowance provided to Tenant pursuant to Section 8.4 above. Subject to applicable Laws, during the first year of period that the Lease Term following the Rent Commencement Date only, Original Tenant shall be entitled (or any Affiliate to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by which Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s 's interest in this Lease or the Premises has been assigned) has not assigned this Lease or subleased more than forty percent (40%) of the Premises then leased by Tenant under this lease, Landlord shall not designate for the exclusive use by any other tenant of the Project, other than Tenant, any of the parking spaces located directly in front of the Building in the cross-hatched area depicted on EXHIBIT E attached hereto; provided, however, the foregoing restriction shall not pertain to (i) visitor parking spaces, handicapped spaces or loading or unloading areas, or (ii) the three (3) reserved parking spaces currently provided under the Samsung Lease, which Landlord may continue to provide thereunder, in the event Landlord and Samsung (or its affiliate or successor) do not enter into the Samsung Relocation Agreement within sixty (60) days after the date of execution of this Lease as described in Section 1.4.2 above. In additionNotwithstanding the immediately preceding sentence to the contrary, Landlord's failure to enter into the Samsung Relocation Agreement within sixty (60) days after the date of execution of this Lease as described in Section 1.4.2 above shall not affect Tenant's right to use up to the number of reserved and unreserved parking spaces set forth in Section 11 of the Summary; provided, however, the location of such reserved parking spaces will not be as depicted on EXHIBIT E but shall be in the location as mutually agreed by Landlord and Tenant. Tenant shall abide, and cause its employees and visitors who utilize the Parking Facilities to abide, by all parking rules and regulations for parking in the Parking Facilities, as may be adopted and/or modified by Landlord and/or Landlord's parking operator from time to time, and in no event shall Landlord be responsible for the full amount policing of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the Tenant's use of the its reserved parking facility by Tenantspaces. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the location, size, configuration, design, layout and all other aspects of the Property parking facility Parking Facilities at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility Parking Facilities for purposes of permitting or facilitating any such construction, alteration or improvements. ; provided, that in doing any of the foregoing, Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby not-prevent access to the LandlordPremises or decrease the number of parking spaces available to Tenant as required hereunder without making available to Tenant substitute parking spaces within a reasonable distance from the Real Property. The parking passes rented by spaces provided to Tenant pursuant to this Article 28 23 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes spaces may not be transferred, assigned, subleased or otherwise alienated by Tenant, Tenant without Landlord's prior approval except on a pro rata basis in connection with a permitted Transfer of the Premises effected by Tenant pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesabove.

Appears in 2 contracts

Samples: Nondisturbance and Attornment Agreement (Websense Inc), Nondisturbance and Attornment Agreement (Websense Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have be entitled to rent, on a monthly basis throughout the right to rent from LandlordLease Term, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermSummary, which parking passes shall pertain to the Property Project parking facilitystructure. During the Lease Term and subject to availability, if Tenant desires to rent additional parking passes (the “Additional Passes”), Tenant may request upon no less than thirty (30) days prior written notice to Landlord, to rent unreserved parking passes in the Project parking structure on a month to month basis at Landlord’s then prevailing rates for such parking passes; provided that the foregoing shall not be construed as any guaranty that parking passes shall be available for Tenant’s use. In the event that, due to unavailability of parking passes, Landlord is unable to provide Tenant with such Additional Passes for rent or if Landlord requires such Additional Passes for other users of the Project parking structure at any time, the unavailability of such Additional Passes shall not subject Landlord to any liability for any loss or damage resulting therefrom or entitle Tenant to any credit, abatement or adjustment of Rent or other sums payable under this Lease. Either Landlord or Tenant may terminate the use of such Additional Passes by providing no less than thirty (30) days prior written notice to the other party. Tenant shall pay to Landlord (or its designee) for automobile the parking passes rented by Tenant on a monthly basis at the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year . In addition to any fees that may be charged to Tenant in connection with its parking of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings automobiles in the Mid-Market/Civic Center Area. The foregoing Project parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionstructure, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease (beyond the applicable notice and cure periods). So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.-00- XXXXXX REALTY 000 XXXXX XXXXXX Postmates Inc.

Appears in 1 contract

Samples: Office Lease (Amplitude, Inc.)

TENANT PARKING. Subject to compliance with the terms of this Article 28rules and regulations reasonably prescribed by Landlord, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermTerm in the amount set forth in Section 11 of the Summary to park in the Parking Facilities, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis non-exclusive basis, at the prevailing rate charged from time to time for parking passes at the location of such passes; provided such passes shall be free throughout the initial Lease Term. Of Tenant’s parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled will have the right to rent the designate two (2) unreserved parking passes as reserved exterior spaces (“Exterior Reserved Spaces”) at the initial locations shown on Exhibit E attached hereto. Tenant will be permitted to construct a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and providedcover over the Exterior Reserved Spaces, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent Landlord’s review and approval of all plans for such cover and the construction of such cover will be performed at Tenant’s sole cost and in accordance with Article 8 above. Any cover constructed by Tenant will be removed and the parking rates being charged by landlords spaces restored to their original condition if Landlord so requests upon the expiration or earlier termination of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for Landlord may relocate the full amount of Exterior Reserved Spaces at any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days time on reasonable prior written notice to LandlordTenant; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less Landlord will not relocate such Exterior Reserved Spaces more than all of the unreserved parking passes at any time three (3) times during the initial Lease Term, then Tenant’s right ; provided further that Tenant will pay the cost to again increase remove the number of existing parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); covers and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use restore the parking passes is conditioned upon Tenant abiding by all rules area and regulations which are reasonably prescribed from time to time rebuild parking covers in the relocated location for the orderly operation first (1st) relocation event only, and use of in the parking facility where event Landlord subsequently relocates the parking passes are located, including any sticker or other identification system established by Landlord and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rightsExterior Reserved Spaces, Landlord specifically reserves will pay the right cost to change remove the size, configuration, design, layout existing parking covers and all other aspects of rebuild parking covers in the Property parking facility at any time and Tenant acknowledges and agrees that relocated location. 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 Property Parking Facilities, or relocate Tenant's parking facility passes to other parking structures and/or surface parking areas within a reasonable distance of the Premises, for purposes of permitting or facilitating any such construction, alteration alteration, improvements or improvementsrepairs with respect to the Parking Facilities or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located on the Real Property. Landlord may delegate its responsibilities hereunder to If the applicable governmental authorities impose a parking operator in which case tax or other charge on Tenant’s use of such parking operator parking, such taxes and/or charges shall have all the rights of control attributed hereby to the Landlord. The parking passes rented be paid directly by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferredor the parking users, assignedor, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without if directly imposed against Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by reimburse Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of all such additional spacestaxes and/or charges.

Appears in 1 contract

Samples: Office Lease (Kratos Defense & Security Solutions, Inc.)

TENANT PARKING. Subject to the terms Provided Tenant is not in default of this Article 28its obligations here under and after any applicable notice and cure period and has not previously been in default hereunder after any applicable notice and cure period, Tenant shall have the right be entitled to rent from Landlordutilize, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)at no addition rent, on a monthly basis throughout the Lease Term, which the number of parking passes shall pertain set forth in Section 13 of the Summary to park standard sized vehicles in the Parking Facilities. Notwithstanding anything to the Property parking facility. Tenant shall pay contrary contained herein, subject to applicable laws (including, without limitation, the Americans with Disabilities Act) and any required approval of the applicable governmental authorities, promptly following the Lease Commencement Date, Landlord for automobile agrees to designate approximately ten (10) spaces out of the number of parking passes on allocated to Tenant pursuant to Section 13 of the Summary as “Osmetech Visitor” short term spaces (the “Short Term Spaces”) in a monthly basis location in the prevailing rate charged from time parking area in front of the front entrance to time at the Premises designated by Landlord and reasonably acceptable to Tenant for the convenience of the invitees of Tenant. The exact number of Short Term Spaces provided, the exact location of such parking passes; providedShort Term Spaces, howeverthe manner in which such Short Term Spaces are designated for “short term” use shall be determined by Landlord, during in Landlord’s sole, but good faith discretion. Throughout the first year Lease Term, Landlord may in its good faith, commercially reasonable discretion, change the number, location or designated duration of the Lease Short Term following Spaces as required by Applicable Law or any future private or public agreement affecting the Rent Commencement Date onlyProject. Notwithstanding the foregoing, Tenant hereby acknowledges, agrees and understands that if any other tenant(s) or occupant(s) in the Project objects to the designation of the Short Term Spaces pursuant to such other tenant’s or occupant’s lease or occupancy agreement, as the case may be, and Landlord is unable to negotiate a mutually agreeable resolution of such objection despite its good faith, commercially reasonable efforts to do so, then Landlord shall have the right to eliminate the designation of the Short Term Spaces (including, without limitation, removing all signage and pavement/curb markings in connection with the designation of such spaces). Notwithstanding anything to the contrary contained herein, Landlord shall have no affirmative obligation to monitor and/or enforce any restrictions with respect to any of the aforementioned Short Term Spaces and shall have no liability to Tenant for the existence or non-existence of such Short Term Spaces. Notwithstanding anything further to the contrary contained herein, Landlord shall provide all signage and/or curb markings for the Short Term Spaces in accordance with Landlord’s plans and specifications. Xxxxxxxx’s actual cost for same and the costs incurred by Landlord thereafter to repair, replace and maintain such signage and/or curb markings shall be entitled included in “Direct Expenses.” The right to rent utilize the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord Short Term Spaces shall be subject personal to market rate increases consistent with the parking rates being charged Original Tenant named in this Lease or an Affiliated Assignee and may be exercised by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees Original Tenant or such Affiliated Assignee (and not any other assignee, sublessee, sublessee or other transferee of the Original Tenant’s interest in this Lease), as long as this Lease is not assigned by Original Tenant to any Transferee other than an Affiliated Assignee; and provided that in the event of an Affiliate Transfer, the signage indicating such Short Term Spaces as “Osmetech Reserved” may be changed at Tenant’s sole cost and expense, to reflect the name of the Affiliated Assignee. In additionTenant shall not be required to pay for such unreserved parking passes during the Lease Term (including, the Option Term if applicable). However, Tenant shall at times during the Lease Term (including any Option Term, if applicable) be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations Rules And Regulations which are reasonably 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 Parking Facilities and upon Tenant’s cooperation in seeing that TenantXxxxxx’s employees and visitors also comply with such rules Rules and regulationsRegulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to (i) change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility at any time Parking Facilities and/or (ii) perform repairs to the Parking Facilities, and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Parking Facilities, or relocate Tenant’s parking facility passes to other parking structures and/or surface parking areas within a reasonable distance of the Premises, for purposes of permitting or facilitating any such construction, alteration alteration, improvements or improvementsrepairs with respect to the Parking Facilities or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located on the Project. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel Landlord and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesowner.

Appears in 1 contract

Samples: Subordination Agreement (GenMark Diagnostics, Inc.)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and TenantXxxxxx’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. .The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by TenantXxxxxx’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by TenantXxxxxx, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without LandlordXxxxxxxx’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Sublease (Reddit, Inc.)

TENANT PARKING. Tenant shall be entitled to use: (a) for the Sound Stages and Production Office Space, 250 spaces per production being filmed within the Leased Premises from time to time, at no charge or Rent therefor, and, (b) 50 spaces for the Corporate Office Space, at the monthly rate as set forth in Exhibit “B” (collectively, “Tenant’s Parking Allotment”), all on those portions of the Common Areas designated for parking. Subject to availability and the terms anticipated parking needs for the balance of this Article 28the Project, Tenant shall have the right to rent from Landlord, commencing on use such additional parking spaces at the Rent Commencement Date, the amount of unreserved parking passes set forth Project in Section 9 of the Summary (of which up addition to five (5) Tenant’s Parking Allotment as may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. requested by Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location Landlord’s then-current rate schedule. Loading and unloading of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant vehicles shall be entitled to rent the unreserved parking passes at a rate permitted on designated loading docks or loading areas only. Any vehicle violating any provision of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord this Section 8.1 shall be subject to market rate increases consistent towing, and such towing shall be at Tenant’s expense with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized respect to all vehicles owned or operated by Tenant, its Permitted Transferee Assignees Tenant’s employees and any other assignee, sublesseeagents, or transferee over which Tenant otherwise exercises control. Subject to the applicable requirements of any Laws (including without limitation, Tenant’s obtaining, at its expense, any required governmental approvals and/or permits) and to the other provisions of this Lease, Tenant may use any of the parking spaces, loading docks or loading areas designated for Tenant’s interest use for the parking of trailers, mobile dressing facilities, production trucks, equipment vehicles and other production support vehicles without additional charge or Rent beyond that set forth in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding not in any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at event park vehicles within any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease TermSound Stages. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change permanently the location, size, configuration, design, layout layout, and all other aspects of the Property parking facility at any time and Tenant acknowledges and agrees areas, provided that Landlord mayprovides the same number of alternative parking spaces in a location within the Project reasonably convenient to the Leased Premises. Landlord may close off or restrict access to the parking areas from time to time on a temporary basis to facilitate construction, alteration, or improvements, 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 provided that Landlord provides the Property same number of alternative parking facility spaces for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to Tenant’s use within the Project on a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided basis that is no less favorable to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant than to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesother tenants.

Appears in 1 contract

Samples: Beach Studios (Marvel Entertainment, Inc.)

TENANT PARKING. Subject Tenant and the Tenant’s parties (including Tenant’s visitors) shall be entitled to the terms of this Article 28utilize, Tenant shall have the right to rent from Landlordwithout charge, and on a non-exclusive basis, commencing on the Rent Lease Commencement Date, the amount of unreserved and unassigned parking passes spaces in the Project set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes“Tenant’s Project Parking”), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year that Landlord shall permit fourteen (14) of the Lease Term following the Rent Commencement Date only, spaces to which Tenant shall be is entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during to be reserved in the Lease Term. 000 Xxxxxx Xxxxx Xxxxx Xxxxxxx field as shown in Exhibit H (the “Building 2 North Parking Field”) as near as possible to the entrance of the Building for the exclusive use of Tenant’s continued right visitors, and Landlord shall install and maintain signage restricting parking for such exclusive spaces and Tenant shall reimburse Landlord for the cost of installing, repairing and maintaining said signs as Additional Rent. Landlord shall have no obligation to police or enforce the restrictions on the use of said reserved parking spaces. Upon leasing by Landlord of any portion of the Building to a tenant other than Tenant, as part of Tenant’s Project Parking, Tenant shall only have the non-exclusive use of Tenant’s Building Share of the spaces in the Building 2 North Parking Field (“Tenant’s Building 2 North Parking Spaces”), which Tenant’s Building 2 North Parking Spaces shall include the 14 parking passes is conditioned upon spaces reserved for Tenant’s visitors described in this Article 28. Tenant abiding by all rules shall cooperate with Landlord to ensure that Tenant’s agents, servants, employees, and regulations contractors (collectively, “Tenant Parties”) comply with the Rules and Regulations which are reasonably prescribed from time to time by Landlord for the orderly operation and use of the parking facility areas where the parking passes spaces are located, including any sticker or other identification system established by Landlord and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules Rules and regulationsRegulations and Tenant not being in default under this Lease beyond any applicable notice and cure period. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change make reasonable changes to the size, configuration, design, layout and all other aspects of the Property Project parking facility areas and improvements at any time upon thirty (30) days’ prior written notice to Tenant and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to portions of the Property Project parking facility areas only for purposes of permitting or facilitating any such construction, alteration or improvements, not to exceed, without Tenant’s approval, ten (10) business days in any twelve (12) month period; provided, however, that Landlord will undertake reasonable efforts to minimize the number of parking spaces affected by and the duration of any such temporary restrictions on use of the parking areas. In no event shall Tenant’s Share of parking on the Project be permanently reduced below any minimum parking ratio required under Applicable Laws or in any manner which would materially, adversely interfere with Tenant’s use and occupancy of the Premises. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by spaces available to Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel the Tenant Parties and such passes spaces may not be transferred, assigned, subleased or otherwise alienated by Tenant, except on a pro-rata basis in connection with a Transfer an assignment or subletting of the Premises pursuant to permitted or approved in accordance with the TCCs of Article 14 of this Lease, without Landlord’s prior approval14. Tenant may validate visitor shall not utilize any of the Project parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord areas for the Building. In additionlong term (e.g., if Landlord expands the parking areaover two weeks) storage of vehicles owned by Tenant, Tenant shall have the right to its proportionate share of such additional spacesemployees, contractors and consultants.

Appears in 1 contract

Samples: Office Lease (3com Corp)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right right, without the payment of any parking charge or fee (other than as a reimbursement of operating expenses to rent from Landlordthe extent allowed pursuant to the terms or Article 4 of this Lease, above), commencing on the Rent Lease Commencement Date, to use the amount of unreserved parking passes set forth in Section 9 of the Summary (of Summary, in the on-site parking lot and garage which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout serves the Lease Term, which parking passes shall pertain to the Property parking facilityBuilding. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding abide by all reasonable rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, located (including any sticker or other identification system established by Landlord and Tenant’s cooperation the prohibition of vehicle repair and maintenance activities in the parking facilities), and shall cooperate in seeing that Tenant’s 's employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects 's use of the Property Project parking facility shall be at any time Tenant's sole risk and Tenant acknowledges and agrees that Landlord may, without incurring any shall have no liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access whatsoever for damage to the Property vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking facility for purposes rights granted herein or any of permitting or facilitating any such constructionTenant's, alteration or improvementsits employees' and/or visitors' use of the parking facilities. Landlord may delegate its responsibilities hereunder to a shall designate ten (10) parking operator in which case such parking operator shall have all spaces near the rights entry of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely Building as being reserved for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer visitors to the Building (including visitors of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approvalother tenants). Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services use, on a first come, first served basis in common with the other tenants of the Project, the electric vehicle chargers located adjacent to the Building (the “EV Spaces”). Landlord anticipates installing at the rate established by Landlord for the Buildingleast ten (10) EV Spaces. In addition, if Landlord expands the parking area, addition Tenant shall have the right at Tenant’s sole cost and expense, to install additional electric car chargers, subject to Landlord’s review of the specifications therefor and compliance with the terms in Article 8 above and/or Exhibit B, as applicable, in spots mutually agreed upon by Landlord and Tenant for the exclusive use of Tenant and its proportionate share employees, contractors and visitors, and to xxxx such spaces as being reserved (which spaces shall be deducted from the number of spaces that Tenant is entitled to use under Section 9 of the Summary)(the “Tenant EV Spaces”). Any such additional spacesTenant EV Spaces and the Existing EV Spaces shall be used by Tenant in accordance with the applicable terms of this Lease, and the terms of the indemnification and insurance provisions hereof shall apply to Tenant’s use thereof. Tenant shall maintain the Tenant EV Spaces and all associated equipment in good operating order and safe condition, in compliance with all applicable laws, at Tenant’s sole cost and expense.

Appears in 1 contract

Samples: Lease (Graphite Bio, Inc.)

TENANT PARKING. Subject to the provisions of the Operating Agreement and the terms and conditions of this Article 28Lease, and upon payment of Landlord’s monthly charges (if any) therefor as hereinafter set forth, Tenant shall be permitted to utilize, on a non-exclusive basis (except as specified below) at no cost in the area(s) designated by Landlord, a total of six (6) parking spaces in the Project for each 1,000 square feet of Rentable Area in the initial Premises (which shall be subject to adjustment as hereinafter set forth), as follows: (i) a total of two and one-half (2.5) parking spaces for each 1,000 square feet of Rentable Area in the Premises shall be located in the underground parking area below Buildings 2 and 3 in the Project, of which ten (10) parking spaces shall be designated by Landlord, at Tenant’s cost (which may be paid for out of the Tenant Improvement Allowance), for exclusive use by Tenant (but such spaces shall not be marked as reserved for individual employees of Tenant), and the remainder of such parking spaces in the underground parking area shall be unreserved; and (ii) the balance of said parking spaces shall be uncovered unreserved parking spaces in the parking areas of the Project which serve the Building from time to time (which areas may be located within surface lots, parking structures and/or other parking facilities located at the Project, provided all such areas are within a reasonable distance to the Building), of which sixty (60) parking spaces shall be situated in the area adjacent to the Building as designated on Exhibit A-1 (the “Adjacent Exterior Parking Area”). The parking spaces within the Adjacent Exterior Parking Area shall be designated by Landlord, at Tenant’s cost (which may be paid for out of the Tenant Improvement Allowance), for exclusive use by Tenant (but such spaces shall not be marked as reserved for individual employees of Tenant). The total number of parking spaces which may be utilized by Tenant, and the number of such parking spaces located in the underground parking area under clause (i) above, shall each be subject to adjustment (based on the ratios stated above) upon a remeasurement of the Premises under Section 1.1.2 and/or upon an expansion of the Premises under Section 1.4 (but the number of spaces designated for exclusive use by Tenant in the underground parking area and/or Adjacent Exterior Parking Area shall continue as stated above and shall not be affected by any such adjustment). In addition, the total number of parking spaces which may be utilized by Tenant shall also be adjusted in the event the Premises is expanded under the Right of First Offer or Right of First Refusal, but in such event the number of such parking spaces, including the number of such parking spaces located in the underground parking area under clause (i) above, shall only be adjusted if and to the extent expressly set forth in the First Offer Notice or the offer to lease space in the Building which is accepted by Tenant under the Right of First Refusal, as the case may be (but the number of spaces designated for exclusive use by Tenant in the underground parking area and/or Adjacent Exterior Parking Area shall continue as stated above and shall not be affected by any such adjustment), it being understood that the ratios set forth above shall not apply in the case of an expansion under the Right of First Offer or Right of First Refusal. Any additional parking spaces utilized by Tenant under the Right of First Offer or Right of First Refusal shall be subject to such parking charges, if any, as are stated in the First Offer Notice or offer to lease space accepted by Tenant. Notwithstanding any requirement for spaces in the underground parking area and/or Adjacent Exterior Parking Area to be designated for exclusive use by Tenant, Landlord shall only be required to adequately designate such spaces (with signage and/or painted ground markings, as Landlord shall deem appropriate, taking into account the requirements of applicable law), and Landlord shall not be required to monitor or enforce any such requirements. Subject to applicable law, all Title Matters and the terms and conditions of this Lease, Tenant shall have the right to rent enforce such requirements, including towing of offending vehicles if permitted by law, but only after providing reasonable prior notice to Landlord in each instance, and Tenant shall indemnify Landlord from Landlord, commencing on any liability in connection with said enforcement. In the Rent Commencement Date, event Landlord develops or reconfigures the amount of unreserved parking passes set forth Project in Section 9 a manner which requires relocation of the Summary Adjacent Exterior Parking Area, Landlord shall have the right to relocate the same to an appropriate new location at its sole cost, provided the new location is in close proximity to the Building. Additionally, Tenant shall have the non-exclusive right to park in the adjacent west lot in common with the other authorized users thereof (of which up to five lot shall be paved, striped and provided with adequate lighting), until such time as Landlord notifies Tenant that Landlord will commence development work in that area for retail, office or another use within thirty (530) days thereafter. Additional spaces may be converted rented by Tenant at the then current charges, subject to reserved availability as reasonably determined by Landlord. Said parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain is subject to the Property parking facilityfurther provisions of this Lease and the rules and regulations attached hereto as Exhibit D-1 and made a part hereof (“Parking Rules and Regulations”). Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged The Parking Rules and Regulations may be modified from time to time at by Landlord in a reasonable, non-discriminatory manner. Parking for Tenant and its employees, agents, customers, invitees and licensees in unreserved and undesignated spaces shall be on a first-come, first-served basis, and, for any parking spaces utilized by Tenant in excess of the location of such parking passes; provided, however, during spaces described in the first year sentence of the Lease Term following the Rent Commencement Date onlythis Section, shall be subject to payment of parking fees established from time to time by Landlord or Landlord’s parking operator. Subject to availability, Tenant shall be entitled to rent utilize additional parking in the unreserved underground parking passes area below Buildings 2 and 3 in the Project at a rate of One Hundred the then-current rates (subject to change from time to time), which are currently Fifty and 00/100 Dollars ($150.0050.00) per space per month for reserved spaces and Twenty-Five and 00/100 Dollars ($25.00) per space per month for unreserved parking pass per monthspaces; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority request such additional parking in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon writing not less than thirty (30) days prior written notice to Landlordthe date Tenant desires to use said spaces. Tenant acknowledges that Tenant and its employees shall not be entitled to park in such parking areas located about the Property which may from time to time be designated for special parking, e.g. visitor, courier, or otherwise reserved; provided that notwithstanding any contrary provision of this Leaseprovided, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase such designated spaces may not reduce the number of parking passes that it spaces required to be made available to Tenant under this Lease. Landlord may designate areas for assigned, reserved or employee parking either within the parking areas located on and about the Property, or in other areas reasonably close thereto. Landlord shall have the right to change any such designated parking areas from time to time. Tenant acknowledges that, except as expressly set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty as to the suitability of the parking areas, or as to the availability of parking spaces, for the conduct of Tenant’s business. Any reference in this Lease to parking spaces to be provided to Tenant shall mean and be limited to one (1) parking permit/access card for each such parking space. Parking shall be available 24 hours a day, 7 days a week, 365 days a year, and is for use by Tenant, its Affiliates, and sublessees, if any, and their respective employees, licensees and visitors, subject to and in compliance with any reasonable access control system established by Landlord for the Building and/or Project from time to time and all Parking Rules and Regulations related thereto, except as may be due to acts of governmental authority or events of Force Majeure. If Landlord elects to rent under this Lease shall cause the Building and the Building’s portion of the Land and the Shared Exterior Common Areas to be subject to availability (as determined by Landlord in its reasonable discretion); and provideda new, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant separately assessed parcel as set forth in Section 9 of 4.2.5.1, any parking spaces in the Summary during the Lease Term. Tenant’s continued right to use the underground parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability area allocable to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided shall be located in the portion of such underground parking area which is allocated to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (HMS Holdings Corp)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right may elect to rent from Landlord, on a monthly basis, during the period commencing on the Rent Phase I Premises Lease Commencement DateDate and continuing through the Parking Election Deadline (as defined below), the amount of unreserved valet parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes“Tenant’s Initial Parking Allocation”), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Parking Garage. Within thirty (30) days after the Phase II Premises Lease Commencement Date (such date is hereinafter referred to as the “Parking Election Deadline”), Tenant shall deliver written notice to Landlord (a “Parking Election Notice”) specifying how many of the parking facilitypasses in Tenant’s Initial Parking Allocation Tenant has elected to rent for the remainder of the Lease Term. If Tenant fails to deliver the Parking Election Notice by the Parking Election Deadline, Tenant shall be deemed to have elected to rent all of Tenant’s Initial Parking Allocation. If Tenant delivers a Parking Election Notice on or before the Parking Election Deadline (or is deemed to have elected to rent all of Tenant’s Initial Parking Allocation as set forth above), Tenant shall lease the number of spaces indicated in the Parking Election Notice from Landlord (or all of Tenant’s Initial Parking Allocation, as the case may be); provided, that on or before thirty (30) days prior to each annual anniversary of the Phase II Premises Lease Commencement Date, Tenant may provide Landlord with notice (a “Parking Reduction Notice”) that Tenant elects to reduce the spaces leased from Landlord (which reduction shall in no event be greater than the number of parking spaces equal to ten percent (10%) of the total parking spaces rented hereunder for the immediately previous period) effective on such annual anniversary of the Phase II Premises Lease Commencement Date. If Tenant indicates in Tenant’s Parking Election Notice or in any Parking Reduction Notice that it desires to rent less than Tenant’s Initial Parking Allocation (subject to the limit on any reduction as set forth above), then Tenant shall have no further right to rent or use any such relinquished parking passes. Notwithstanding Tenant’s relinquishment of any such parking passes, in the event that Tenant desires to rent additional parking spaces after the Parking Election Deadline or after the delivery of any Parking Reduction Notice, as applicable, then Tenant may request additional parking passes to be rented on the terms hereof by delivering written notice to Landlord (a “Parking Request Notice”) no later than thirty (30) days prior to the date Tenant desires to rent such parking passes. Such Parking Request Notice shall specify the number of additional parking passes requested. Tenant shall only be entitled to rent any such additional parking passes subject to availability of such passes at the time Tenant desires such passes pursuant to the express terms and conditions hereof (i.e., on a first come, first served basis and as available as determined by Landlord provided that the monthly parking charges for any such passes shall be at the prevailing rate). In the event that, due to unavailability of spaces, Landlord is unable to provide Tenant with additional parking passes (whether or not previously relinquished by Tenant) pursuant to this Article 28, such inability shall not subject Landlord to any liability for any loss or damage resulting therefrom or entitle Tenant to any credit, abatement or adjustment of Rent or other sums payable under this Lease. Tenant shall pay to Landlord (or its designee) for automobile all parking passes leased by Tenant hereunder (whether as part of Tenant’s Initial Parking Allocation or pursuant to a subsequent Parking Request Notice) on a monthly basis at the prevailing rate charged from time to time at the location of such parking passes; provided, however, during . Except to the first year of the Lease Term following the Rent Commencement Date onlyextent included as Operating Expenses pursuant to Section 4.2.4, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall not be responsible for the full amount payment of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility Parking Garage by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where Parking Garage, including any valet service (it being understood that the parking passes are located, including within the Parking Garage is not intended to be self-parking) and any sticker or other identification system established by Landlord and Landlord, Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such reasonable rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility Parking Garage at any time (without any reduction to the number of parking passes then leased by Tenant, except to the extent required by applicable Law) and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property parking facility Parking Garage for purposes of permitting or facilitating any such construction, alteration or improvements; provided that (i) Landlord shall use commercially reasonable efforts (without any obligation to engage overtime labor or commence any litigation) to minimize the extent and duration of any resulting interference with Tenant’s parking rights and (ii) Landlord shall provide, at Tenant’s sole cost and expense (up to the amount Tenant would have paid under this Lease for parking then-leased by Tenant that becomes unavailable due to such closure), reasonable alternative parking for Tenant during the continuation of any work which causes the Parking Garage to close for more than thirty (30) days. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to Landlord. Landlord may, at any time, institute valet assisted parking, tandem parking stalls, "stack" parking, or other parking program within the Parking Garage, the cost of which shall be included in Operating Expenses. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and visitors and such passes may not be transferred, assigned, subleased or otherwise alienated by TenantTenant without Landlord's prior approval, except to an Permitted Transferee or another assignee or subtenant consented to by Landlord in connection accordance with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approvalabove. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

TENANT PARKING. Subject Landlord shall provide to Tenant, throughout the terms of this Article 28, Tenant shall have the right Lease Term and at no additional cost to rent from Landlord, commencing on the Rent Commencement DateTenant, the amount number of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passesfacilities; provided, however, during that the first year total number of Project parking passes outstanding at any time shall not exceed 110% of the Lease Term following aggregate number of actual parking spaces in the Rent Commencement Date onlyProject parking facilities (the number of parking passes above the number of parking spaces shall be the "PARKING FLOAT"); provided further, however, to the extent Landlord makes such Parking Float available for lease to other tenants of the Project, then Landlord shall make a pro-rata portion of such Parking Float available for lease by Tenant on substantially similar terms. In lieu of an equal number of parking passes, Tenant shall have the right to designate thirty (30) covered spaces as reserved for Tenant's executives, in particular locations to be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty mutually and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged reasonably agreed upon by Landlord and Tenant, which reserved spaces shall be subject to market rate increases consistent with the include that certain motorcycle parking rates being charged area reserved for use by landlords of Comparable Buildings Tenant's employees in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized location identified on EXHIBIT A. In addition to the foregoing, and upon Tenant's request therefor, Landlord shall provide an additional forty (40) reserved spaces directly in front of the Building, specifically designated for use by Tenant's visitors and vendors, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, a location more particularly identified on EXHIBIT A. Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes (including any designated parking spaces) by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes (including any designated parking spaces) is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes passes/designated parking spaces are located, including any sticker or other identification system established by Landlord and Landlord, Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long To the extent reasonably necessary to ensure Tenant's parking rights hereunder are readily available to Tenant and its employees, Landlord shall establish a sticker or other identification system for the Project; provided, however, the enforcement of the Project parking facilities for only such stickered or otherwise identified employees/visitors/guests of the Project tenants shall be reasonably conducted by Landlord; provided further, however, to the extent the foregoing measures prove insufficient (as the same do not unreasonably interfere reasonably and mutually determined by Landlord and Tenant), Landlord shall additionally implement reasonable access control with Tenant’s regard to such Project parking rights, facilities. Landlord specifically reserves the right to (i) change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time as long as the changes do not materially and adversely affect Tenant (provided that such restriction shall not apply to changes required by Laws) and/or (ii) perform repairs to the parking facilities, and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility (for a period not to exceed thirty (30) days, as such thirty (30) day period may be extended by a Force Majeure), or relocate Tenant's parking spaces to other parking structures and/or surface parking areas within a reasonable distance of the Premises, for purposes of permitting or facilitating any such construction, alteration alteration, improvements or improvementsrepairs with respect to the parking facilities or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located on the land underlying the Project, provided that Landlord shall use reasonable efforts to minimize any inconvenience to Tenant. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by (including any designated parking spaces) granted to Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel personnel, customers and visitors, and Permitted Occupants, and such passes (including any designated parking spaces) may not be transferred, assigned, subleased or otherwise alienated by Tenant separate from Tenant, except 's interest in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Fair Isaac Corp)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled to rent from Landlordutilize, [***], commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (provided that any visitor parking spaces and/or handicap parking spaces required by Applicable Laws due to Tenant's occupancy shall be included as part of which up the number passes provided to five (5) may be converted to reserved parking passesTenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the Property Project designated for Tenant's exclusive use or designated for all access use; provided, however, that in connection with the foregoing, (i) the entirety of the Project parking facilitystructure commonly referred to as "Parking Structure A," which contains a total of eight hundred thirty-three (833) parking spaces, shall be designated for Tenant's exclusive use as long as Tenant continues to lease the entirety of the Premises and the 13500 Premises, and (ii) except with regard to the "Reserved Spaces" identified hereinbelow, the entirety of the Project parking structure commonly referred to as "Parking Structure B" shall be designated for the exclusive use of the tenants of the 13520 Building. Landlord shall implement an access control system for each of Parking Structure A and Parking Structure B in order to ensure that only parkers with the appropriate parking pass can park in the applicable parking structure. As part of the number of parking passes set forth in Section 9 of the Summary, Tenant shall have the right to rent up to twenty-five (25) passes, each relating to one (1) reserved parking space located on the second (2nd) level of Parking Structure B on a monthly basis throughout the remainder of the Lease Term (the "Reserved Passes"); provided that the right to rent such Reserved Pass must be exercised by Tenant, if at all, pursuant to a written notice to Landlord expressing Tenants' desire to rent such Reserved Passes for a minimum of twelve (12) consecutive calendar months. Tenant shall pay to Landlord for automobile parking passes each Reserved Pass so rented and on a monthly basis basis, the then-prevailing rate charged from time to time at the location of such parking passes; provided, however, during passes (the first year initial amount of which is acknowledged by the Lease Term following parties to be [***]. Notwithstanding the Rent Commencement Date onlyforegoing, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall all times be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of All remaining parking passes rented pursuant which Landlord is required to this Article 28 upon thirty (30) days prior written notice provide to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects shall be applicable to rent less than all the surface parking areas of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease TermProject. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing 's exercise of commercially reasonable efforts to cause that Tenant’s 's employees and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease. So long as To the same do not unreasonably interfere extent reasonably necessary to ensure Tenant's parking rights and obligations hereunder are readily available to and maintained by Tenant and its employees, Landlord shall establish a sticker or other identification system for the Project; provided, however, to the extent the foregoing measures prove insufficient, Landlord shall additionally implement, at Tenant's sole cost and expense, reasonable access control and/or other parking management services or systems with Tenant’s regard to such Project parking rights, facilities. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease (except to the extent expressly set forth in Section 3.2 of this Lease, above), from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights During any period of control attributed hereby closure of or restricted access to the LandlordProject parking areas, Landlord shall be responsible to provide Tenant with reasonable replacement parking in reasonable proximity and with reasonable access to the Premises. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 [***] Confidential portions of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as document have been redacted and filed separately with the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesCommission.

Appears in 1 contract

Samples: Office Lease (Bridgepoint Education Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing Commencing on the Rent Lease Commencement Date, the amount of unreserved Tenant may use parking passes permits as set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)and provided below, on a monthly basis throughout the Lease Term, which parking passes permits shall pertain to the Property Project parking facilityfacility or surface lot adjacent to the Building as further set forth in the Summary (as designated by Landlord). Tenant shall pay With respect to Landlord for automobile Tenant’s additional unreserved parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year permits as identified in Section 9 of the Lease Term following the Rent Commencement Date onlySummary, Tenant shall be entitled to rent notify Landlord on or before the date that Tenant takes occupancy of the Premises of the number of additional unreserved parking passes at a rate of One Hundred Fifty Tenant desires to rent from Landlord and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Tenant shall rent such passes from Landlord shall be subject to market rate increases consistent in accordance with the parking rates being charged by landlords terms of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionSubsequent to Tenant’s initial allocation of additional unreserved parking permits pursuant to the above, Tenant may increase (subject to availability and the maximum allocation of additional unreserved parking permits as provided in Section 9 of the Summary) or decrease the number of passes used or rented, as the case may be, by Tenant upon not less than thirty (30) days notice to Landlord. Notwithstanding anything to the contrary contained herein, even though Tenant may not be required to pay any fees or rent during the initial Lease Term in connection with Tenant’s parking permits, Tenant shall be responsible during the initial Lease Term and any Option Terms for the full amount of any taxes imposed by any governmental authority in connection with the renting of such all parking passes permits by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to At Landlord; provided that notwithstanding any contrary provision of this Lease’s option, if Tenant elects to rent less than all of the Tenant’s unreserved parking passes at permits, or any time during the Lease Termportion thereof, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined for the use of unreserved tandem parking spaces in the Project parking facility, although such parking spaces are not presently used by Landlord for tandem parking spaces. Similarly, at Landlord’s option all or any portion of any visitor parking which may be provided in its reasonable discretion); and providedthe Project parking facility, further, that in no event shall Tenant may be entitled to rent more than the amount and type of unreserved tandem parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Termspaces. Tenant’s continued right to use the parking passes permits is conditioned upon Tenant abiding by all rules the “Parking Rules and regulations which are Regulations” attached hereto as Exhibit I, as the same may be reasonably prescribed modified from time to time by Landlord, and all other rules and regulations prescribed by Landlord for the orderly operation and use of the parking facility where the parking passes permits are located, including any sticker or other identification system established by Landlord and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules the foregoing, and regulationsTenant not being in Default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements, provided that Landlord uses commercially reasonable efforts to ensure that at all times Tenant shall have adequate parking for its employees and customers at the ratios stated herein. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The Tenant hereby acknowledges that the parking passes rented by license privileges provided for herein are personal to Tenant pursuant and for the exclusive use of Tenant, its officers and employees; and, notwithstanding anything to the contrary contained in this Article 28 are Lease, Tenant shall not assign or sublease any parking license privileges or permits provided to Tenant solely herein or by a separate license or other agreement, and any attempted assignment of parking privileges and/or parking permits by Tenant shall be null and void and without effect, unless done pursuant to a Landlord approved Transfer under Article 14, above. Landlord shall provide visitor parking for use by Tenant’s own personnel and such passes customers, invitees or licensees in those parking areas located in the Project which may not from time to time be transferred, assigned, subleased or otherwise alienated designated by Tenant, except in connection with a Transfer Landlord for patrons of the Premises pursuant to Article 14 of this Lease, without Project. At Landlord’s prior approval. option, during the initial Lease Term (i) such visitor parking shall be provided free of charge or (ii) Tenant may validate visitor parking by such method or methods as the Landlord may reasonably establish, at free of charge. Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft, vandalism, malicious mischief or otherwise to any automobiles parked in the validation rate parking areas of the Project, or any personal property therein, except to the extent that such loss or damage is due to the willful act or gross negligence of Landlord, and Tenant agrees, upon request from Landlord from time to time generally applicable time, to visitor parkingnotify Tenant’s officers, employees and agents then using any of the parking privileges provided for in this Lease of such limitation of liability. If Landlord adds It is the intention of the parties hereto that a parking valet, license only is hereby granted to Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant permit privileges provided herein and no bailment is intended or shall have the right to its proportionate share of such additional spacesbe created hereby.

Appears in 1 contract

Samples: Office Lease (Internet Brands, Inc.)

TENANT PARKING. Subject Tenant shall be entitled, at no charge throughout the Lease Term and any extension thereof, to the terms non-exclusive use of the parking spaces reasonably designated for the Building by Landlord. Xxxxxx agrees not to overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right in its absolute discretion to determine whether parking facilities are becoming crowded and, in such event, to allocate parking spaces between Tenant and other tenants. There will be no assigned parking unless Landlord, in its sole discretion, deems such assigned parking advisable. No vehicle may be repaired or serviced in the parking area and any vehicle brought into the parking area by Tenant, or any of Tenant's employees, contractors or invitees. 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 of the streets or roadways located within the Project. In addition, Xxxxxx agrees that its employees will not park in the spaces designated for visitor parking. Notwithstanding anything to the contrary contained in this Article 23, Landlord shall provide Tenant with four (4) unreserved parking spaces for every one thousand (1,000) RSF leased by Tenant (“Base Parking Allocation.”) In addition, for as long as Landlord has not developed or otherwise uses the “Excess Parking Area,” as designated on Exhibit A-1 to this Lease, Landlord shall provide Tenant with four and one half (4.5) unreserved parking spaces in the Excess Parking Area for every one thousand (1,000) RSF leased by Tenant (“Excess Parking Allocation.”) Landlord shall also provide Tenant with a minimum of sixteen (16) reserved parking spaces in the area designated “Reserved Parking” on Exhibit A-1 to this Lease, which shall be included in Tenant’s Base Parking Allocation. At any time during the Term of this Article 28Lease, Tenant as such term may be extended, Landlord shall, exercising Landlord’s reasonable discretion, have the right to move the Reserved Parking within the area designated “Front Parking Area” on Exhibit A-1 to this Lease. Landlord shall have the right to rent from Landlordallocate additional parking spaces in the Front Parking Area to other tenants in the Building as reserved parking spaces, commencing provided that Tenant’s Reserved Parking shall (i) be adjusted to represent its pro-rata share of the total reserved parking spaces within the Front Parking Area based on the Rent Commencement DateTenant’s Share of Operating Expenses, the amount of unreserved parking passes set forth Tax Expenses and Utility Costs provided in Section 9 9.2 of the Summary of Basic Lease Information and (of which up to five ii) Tenant shall never have less than sixteen (516) may be converted to reserved parking passes), on a monthly basis throughout spaces. Any unreserved spaces remaining in the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant Front Parking Area shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely strictly limited for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Pc Mall Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled to rent from Landlord, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. The exact location of the parking spaces, if any, shall be designated by Landlord within a reasonable distance from the Building. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings set forth in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this LeaseSection 9. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding not being in default under the Lease after written notice and expiration of any applicable cure period. Tenant shall abide by all reasonable rules and regulations which are reasonably prescribed from time to time and enforced by Landlord in a consistent, non-arbitrary manner for the orderly operation and use of the parking facility where the parking passes are located, located (including any sticker or other identification system established by Landlord and Tenant’s cooperation the prohibition of vehicle repair and maintenance activities in seeing the Project's parking facilities). Tenant shall see that Tenant’s 's employees and visitors also comply with such rules and regulations. So long as Tenant's use of the same do not unreasonably interfere Project parking facility shall be at Tenant's sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant’s 's, its employees' and/or visitors' use of the parking rightsfacilities, except for damage, loss, or injury caused by the negligence or willful misconduct of Landlord or the Landlord Parties. Tenant's rights hereunder are subject to the terms of any Underlying Documents. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements; provided, however, if the foregoing has a material adverse effect upon the access, parking or Tenant’s ability to conduct its business from the Premises, then the prior written consent of Tenant is required, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds may set parking garage hours as it reasonably sees fit that do not conflict with the Building Hours. Tenant may have twenty-nine (29) of its allotted parking passes as set forth in Section 9 of the Summary be reserved parking in the parking structure at the reserved parking rate, and may convert another twenty percent (20%) of its allotted parking passes to tandem parking where designated by Landlord in the parking structure. Following execution of this Lease, Landlord and Tenant shall cooperate to prepare a parking valet, Tenant shall have plan designating the right to use such valet’s services at the rate established by Landlord applicable reserved and unreserved spaces. The rates for the Building. In additionnon-reserved, if Landlord expands reserved and tandem parking passes are set forth in Section 9 of the parking area, Tenant shall have the right to its proportionate share of such additional spacesSummary.

Appears in 1 contract

Samples: Office Lease (Skechers Usa Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled to rent from Landlordutilize without charge, and Landlord hereby covenants to provide, commencing on the Rent Lease Commencement DateDate and continuing throughout the Lease Term specified herein, the amount of unreserved parking passes and reserved subterranean parking spaces set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermSummary, which parking passes and reserved subterranean parking spaces shall pertain to the Property Project parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis Notwithstanding the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date onlyforegoing, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall also be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting use of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing that 's use of commercially reasonable efforts to cause Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in economic or material non-economic default under this Lease (beyond the applicable notice and cure period). So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements; provided that Landlord shall provide Tenant with reasonable substitute parking in such event, to the extent reasonably necessary. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by provided to Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel personnel, employees, agents, contractors, and invitees, and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (St. Bernard Software, Inc.)

TENANT PARKING. Subject Tenant shall be entitled to use the Parking Area for parking purposes to the terms of this Article 28, Tenant extent provided in the Basic Lease Information and shall have not use more than the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facilitynumber indicated therein. Tenant shall pay to Landlord for automobile parking passes on a Landlord, as additional rental hereunder, the monthly basis the prevailing rate charged from time to time at the location sum of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Three Hundred Fifty and 00/100 Dollars ($150.00350.00), or the current market rate as determined by Landlord, per allocated parking space. Tenant shall park its cars only in such designated areas, if any are so designated. Tenant shall furnish Landlord with Tenant’s and Tenant’s employees’ license plate numbers within five (5) days after receiving a written request from Landlord, and Tenant shall thereafter notify Landlord of any changes within five (5) days after any change occurs. Should Tenant make use of any Parking Areas in violation of this provision, Landlord may charge Tenant One Hundred Dollars ($100.00) per unreserved day for each day or partial day per car. In addition, Landlord shall have the right, without notice, in addition to such other rights and remedies that it may have, to tow away any vehicle involved and charge the cost of towing and storage to Tenant, which cost shall be immediately payable upon demand by Landlord. Landlord shall use commercially reasonable efforts to enforce such parking pass per month; rights against any tenant or any other party. Tenant shall abide, and providedcause its Representatives and Visitors to abide, furtherby all Project Rules relating to parking in the Parking Area. Parking lot spaces shall be used only for parking by vehicles no larger than normal size passenger automobiles or pick-up trucks, that thereafteror if so designated, the prevailing rate charged for smaller vehicles. There shall be no overnight parking in parking areas provided by Landlord without Landlord’s prior written consent. Tenant or Tenant’s employees, suppliers, shippers, customers or invitees shall not be subject load or unload passengers, equipment or supplies, or park in areas, other than those designated by Landlord for such activities. Tenant agrees that Landlord assumes no responsibility of any kind whatsoever in reference to market rate increases consistent with such automobile parking facilities or the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized use thereof by Tenant, its Permitted Transferee Assignees and any other assigneeemployees, sublesseeagent or invitees, or transferee of the Tenant’s interest in this Leaseby anyone else. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring at any liability to Tenant time, and without any abatement of Rent under this Lease, from time to time, close-off or restrict limit access to the Property parking facility for purposes facilities by means of permitting or facilitating any such constructionattendants and/or other devices, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator and make other changes in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel layout and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer operation of the Premises pursuant to Article 14 of this Leaseparking facilities, including, without Landlord’s prior approvallimiting the generality of the foregoing, changes in locations of entrances, exits and parking spaces. Tenant may validate visitor parking by such method or methods Except as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valetspecifically provided in this Section 26, Tenant shall not have the right to use such valet’s services at any portion of the rate established by Landlord Parking Area for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesparking.

Appears in 1 contract

Samples: Lease Agreement (Taleo Corp)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved Landlord parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermTerm in the amount set forth in Section 11 of the Summary for the Premises ("TENANT'S MAXIMUM PARKING ALLOCATION"), the location of which unreserved parking passes shall pertain be for parking in the Project parking facilities and areas; provided that Landlord, in causing the Project parking facilities and areas to accommodate Tenant's parking passes in excess of three and one-half (3.5) per one thousand (1,000) usable square feet of the Property Premises may implement a tandem and/or valet parking facilitysystem, the incremental cost of which tandem and/or valet parking system shall be shared equally by Landlord and Tenant. Tenant acknowledges and agrees that Tenant shall be obligated to rent from Landlord all of the parking passes that Landlord is able to provide to Tenant from time to time throughout the entire Lease Term (up to Tenant's Maximum the Parking Allocation) . Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate (the "PREVAILING RATE") charged from time to time at for parking passes as reasonably determined by Landlord based on the location of such passes and the type of such passes, provided that during any Option Term, the rate for parking passespasses shall be (A), in the event the Option Rent is determined to be the Minimum Base Rent, the rate then being charged to Tenant as of the last day of the initial Lease Term or first Option Term, as the case may be, as such rate has been increased during the initial Lease Term or first Option Term, as the case may be, and will continue to be similarly increased during the first or second Option Term, as the case may be, or (B), in the event the Option Rent is the Fair Market Rental Rate, the Prevailing Rate. As of the date hereof, such prevailing rate is One Hundred Thirty-Five Dollars ($135.00) per pass per month; provided, however, during the first year that Landlord and Tenant acknowledge and agree that such prevailing rate in effect as of the Lease Term following the Rent Commencement Date shall increase, on each annual anniversary of the Lease Commencement Date, to the prevailing rate (not taking into account the Parking Rate Credit described below) but not less than three percent (3%) and not more than five percent (5%), over the rate in effect over the prior twelve (12) month period (not taking into account the Parking Rate Credit), on a cumulative, compounded basis per annum; provided further, however, that for the first (1st) twenty-four (24) months of the Lease Term, Landlord shall provide Tenant with a parking rate credit (for the initial Premises only, ) so that the parking rate payable by Tenant during such twenty-four (24) month period shall be entitled to rent the unreserved parking passes at a rate of not exceed One Hundred Fifty and 00/100 Thirty Dollars ($150.00130.00) per unreserved parking pass pass, per month; and provided, further, that thereafter, month during such period (the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease"PARKING RATE CREDIT"). In addition, Tenant shall shall, in any event, be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Notwithstanding anything above to the contrary, Landlord and Tenant may change acknowledge and agree that with respect to the number Expansion Space, Landlord shall provide to Tenant and Tenant shall be obligated to rent from Landlord, up to three and one-half (3.5) per one thousand (1,000) usable square feet in the Premises of parking passes rented pursuant for parking in the Project parking facilities and areas during the first six (6) months of the term of Tenant's lease for the Expansion Space; provided, however, that on the first (1st) day of the seventh (7th) month of the Tenant's lease of the Expansion Space, Landlord shall be obligated to provide to Tenant and Tenant shall be obligated to rent from Landlord an amount equal to four (4) parking passes per one thousand (1,000) usable square feet of the Premises of parking passes for parking in the Project parking facilities and areas; provided further, however, that commencing on the first day of the thirteenth (13th) month of the term of Tenant's lease of the Expansion Space and continuing thereafter throughout the entire term of Tenant's lease of the Expansion Space, Landlord shall be obligated to provide to Tenant and Tenant shall be obligated to rent from Landlord, an amount equal to four and one-half (4.5) per one thousand (1,000) usable square feet in the Premises of such parking passes for parking in the Project parking facilities and areas. Landlord and Tenant acknowledge and agree that all parking passes provided by Landlord to Tenant with respect to the Expansion Space shall be subject to all of the other terms and conditions of this Article 28 upon thirty 28, including, but not limited to, Tenant's obligation to pay to Landlord for such parking passes the then prevailing rate as provided above (30not taking into account the Parking Rate Credit as set forth above) days (and subject to annual increases on the anniversary of the Lease Commencement Date as provided above (i.e., not less than three percent (3%) but not more than five percent (5%) over the rate in effect on the prior written notice twelve (12) month period (not taking into account the Parking Rate Credit as set forth above) on a cumulative, compounded basis per annum except that the Parking Rate Credit shall not apply and shall have no effect on the determination of the prevailing rates for such parking passes)). Notwithstanding the foregoing, Landlord acknowledges and agrees that Tenant shall have a one-time right, to be exercised (if at all) on or before that date which is six (6) months prior to the Expansion Commencement Date, to elect to accelerate Landlord; 's obligation to provide an increased amount of parking passes to Tenant (but not in excess of an aggregate amount of four and one-half (4.5) per one thousand (1,000) usable square feet of the Premises of such parking passes), which election shall be irrevocable throughout the term of Tenant's lease of the Expansion Space subject, however, to Tenant's obligation to lease additional parking passes from Landlord as provided that notwithstanding any contrary provision above on the first (1st) day of this Lease, if Tenant elects the seventh (7th) month of Tenant's lease of the Expansion Space and the first (1st) day of the thirteenth (13th) month of Tenant's lease of the Expansion Space (to rent the extent Tenant's election pertained to less than all of Tenant's Maximum Parking Allowance). Notwithstanding anything above to the contrary, Landlord acknowledges and agrees that Tenant shall have the right to designate that up to thirty-five (35) of Tenant's unreserved parking passes at any time during may be utilized by Tenant on a "shift" basis whereby Landlord shall provide Tenant with three (3) parking facility entry cards for each of such parking passes, which entry cards shall allow the Lease Term, then Tenant’s right holder of such card to again increase park in the number Project parking facilities for a maximum of parking passes that it elects to rent under this Lease eight and one-half (8 1/2) hours. Tenant shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding abide by all Applicable Laws and all reasonable, non-discriminatory rules and regulations which are reasonably 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 located and upon Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the location, size, configuration, design, layout and all other aspects of the Property Project parking facility (but not including the discontinuance of any reserved parking spaces) (provided that Tenant's parking rights are not reduced or materially changed as a result thereof, do not create a material security risk to Tenant and so long as Tenant's obligations under this Lease are not materially and unreasonably increased as a result thereof), at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under (except as provided in Section 19.5.2 of this Lease), from time to time, close-off or restrict access to the Property parking facility in question for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements provided that such modifications may only be made by Landlord to the extent required by Applicable Laws or as reasonably necessary on a temporary basis in the event of a damage or destruction. Landlord shall use commercially reasonable efforts to cause any such work to be conducted in a manner which will minimize material interference with Tenant's Permitted Use, which efforts shall include, to the extent reasonably necessary, providing Tenant with alternative parking at no additional cost to Tenant. Landlord may totally or partially delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the delegated by Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel (not including Tenant's invitees and guests) and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, Tenant except on a pro rata basis in connection with a Transfer an assignment of subletting of the Premises pursuant to permitted or approved in accordance with the terms and conditions of Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces14.

Appears in 1 contract

Samples: Office Lease (Etoys Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled to rent from Landlordutilize, commencing on the Rent Lease Commencement DateDate and continuing throughout the initial Lease Term and any renewal or extension thereof, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermSummary, which parking passes shall pertain to the Property Project parking facilityfacilities. Tenant shall have the option, upon written notice to Landlord and at Tenant’s cost, to convert up to four (4) of such unreserved parking passes to reserved parking spaces at locations adjacent to the Premises, as reasonably determined by Landlord. During the initial Lease Term, unreserved parking shall be at no additional charge, except that Landlord may, at Landlord’s option and at Landlord’s sole discretion, elect to install gates or other access control systems, at Landlord’s cost, for access to the Project parking facilities, in which case Landlord may require Tenant pay to Landlord a deposit for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged any entry system mechanism selected by Landlord shall be subject to market rate increases consistent with (e.g., fob, access card, etc.). Notwithstanding the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionforegoing, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting use of such parking passes by Tenant or the use of the Project parking facility facilities by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant and Tenant Parties abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the Project parking facility facilities where the parking passes are located, including any sticker or other identification system established by Landlord and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors use of commercially reasonable efforts to cause Tenant Parties also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility facilities, and the location of any of Tenant’s reserved parking spaces, at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility facilities for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements as long as such restriction is not imposed in a manner that is discriminatory to Tenant and is imposed in a similar manner on other tenants of the Project. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by provided to Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel personnel, employees, agents, contractors, and invitees, and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Lease (Ligand Pharmaceuticals Inc)

TENANT PARKING. Subject to Tenant shall rent from Landlord not less than 103 parking permits (“Must-Take Parking”), 100 of which will be for the terms use of this Article 28unreserved parking in the Project parking facility at all times and three (3) of which will be for the use of reserved parking (which reserved parking spaces shall be initially located in spaces marked as “R” on the parking plan attached hereto as Exhibit G. In addition, Tenant shall have the right right, but not the obligation, to rent from Landlord, commencing on the Rent Lease Commencement Date, the amount of unreserved up to fourteen (14) parking passes permits as set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes“Additional Parking”), on a monthly basis throughout the Lease Term, which parking passes permits shall pertain to the Property Project parking facility. Upon not less than thirty (30) days’ prior written notice to Landlord, Tenant may increase or decrease the number of Additional Parking permits rented by Tenant, provided that in no event shall Tenant be entitled to rent more than the amount of the parking permits set forth in Section 9 of the Summary. Subject to availability, as determined by Landlord in its reasonable discretion, Tenant shall have the right, upon not less than thirty (30) days prior written notice to Landlord, commencing on the Lease Commencement Date, to convert up to ten (10) of the unreserved parking permits to ten (10) reserved parking permits, and such additional reserved parking permits shall be in a location to be designated by Landlord. Tenant shall pay to Landlord for automobile parking passes permits on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Leasepermits. In addition, Tenant shall be responsible for the full amount of any taxes taxes, fees or any other charges imposed by any governmental authority in connection with the renting of such parking passes permits by Tenant or the use of the parking facility by Tenant. Tenant may change the number At Landlord’s option, up to 2/3 of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the Tenant’s unreserved parking passes at permits, or any time during the Lease Termportion thereof, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (for the use of unreserved tandem parking spaces in the Project parking facility. Similarly, at Landlord’s option all or any portion of any visitor parking which may be provided in the Project parking facility, may be unreserved tandem parking spaces so long as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of a parking passes allocated to Tenant as set forth in Section 9 of the Summary attendant is present during the Lease TermBuilding Hours. Tenant’s continued right to use the parking passes permits is conditioned upon Tenant abiding by all rules the “Parking Rules and regulations which are Regulations” attached hereto as Exhibit F, as the same may be reasonably prescribed modified from time to time by Landlord, and all other rules and regulations prescribed by Landlord for the orderly operation and use of the parking facility where the parking passes permits are located, including any sticker or other identification system established by Landlord and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules the foregoing, and regulationsTenant not being in default under this Lease beyond applicable notice and cure periods. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements so long as with respect to all of the foregoing, reasonable alternative parking is provided at no additional cost to Tenant. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The Tenant hereby acknowledges that Tenant’s right to use any parking passes spaces rented by Tenant pursuant to this Article 28 shall be made available for Tenant’s use Monday-Friday, 8:00 A.M. to 6:00 P.M., excluding Holidays (“Parking Hours”). However, after the Parking Hours, Landlord shall have the right, in its sole discretion, without notice or any liability whatsoever to Tenant, to relocate any parking spaces then rented by Tenant, to a different location in the Building, as determined by Landlord (provided that at least twenty percent (20%) of Tenant’s parking spaces shall be relocated to a designated area within the parking facility after Parking Hours, as more particularly shown on Exhibit G). In addition, Tenant hereby acknowledges that the parking license privileges provided for herein are personal to Tenant and for the exclusive use of Tenant and the Approved Users and their respective officers and employees; and, notwithstanding anything to the contrary contained in this Lease, Tenant shall not assign or sublease any parking license privileges or permits provided to Tenant solely herein or by a separate license or other agreement, and any attempted assignment of parking privileges and/or parking permits by Tenant shall be null and void and without effect, unless done pursuant to a Transfer complying with the provisions of Article 14, above. Tenant acknowledges that Landlord has no obligation to provide visitor parking for use by Tenant’s own personnel and such passes may not be transferredcustomers, assigned, subleased invitees or otherwise alienated by Tenant, except licensees other than parking spaces in connection with a Transfer of those parking areas located in the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, Project at the validation rate from time to time generally applicable to visitor parking. If Landlord adds will maintain an automated parking system which will accept Tenant’s validations for visitor parking. Landlord assumes no responsibility whatsoever for loss or damage due to fire, theft, vandalism, malicious mischief or otherwise to any automobiles parked in the parking areas of the Project, or any personal property therein, and Tenant agrees, upon request from Landlord from time to time, to notify Tenant’s officers, employees and agents then using any of the parking privileges provided for in this Lease of such limitation of liability. It is the intention of the parties hereto that a parking valet, license only is hereby granted to Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Buildingparking permit privileges provided herein and no bailment is intended or shall be created hereby. In addition, if Landlord expands Tenant hereby covenants that it shall not at any time park in the parking area, Tenant shall have the right facility serving McDonald’s or otherwise permit any of its employees and visitors to its proportionate share of park in such additional spacesparking facility.

Appears in 1 contract

Samples: Office Lease (TrueCar, Inc.)

TENANT PARKING. Subject Tenant and the Tenant's parties (including Tenant's visitors) shall be entitled to the terms of this Article 28utilize, Tenant shall have the right to rent from Landlordwithout charge, and on a non-exclusive basis, commencing on the Rent Lease Commencement Date, the amount of unreserved and unassigned parking passes spaces set forth in Section SECTION 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passesSummary; provided, however, during the first year that Landlord shall permit ten (10) of the Lease Term following the Rent Commencement Date only, spaces to which Tenant shall be is entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section SECTION 9 of the Summary during to be reserved as near as possible to the Lease Termentrance of the Building for the exclusive use of Tenant's visitors, and Landlord shall install and maintain signage restricting parking for such exclusive spaces and Tenant shall reimburse Landlord for the cost of installing, repairing and maintaining said signs as Additional Rent. Landlord shall have no obligation to police or enforce the restrictions on the use of said reserved parking spaces. Tenant shall cooperate with Landlord to ensure that Tenant’s continued right to use 's agents, servants, employees, and contractors (collectively, "TENANT PARTIES") comply with the parking passes is conditioned upon Tenant abiding by all rules Rules and regulations Regulations which are reasonably prescribed from time to time by Landlord for the orderly operation and use of the parking facility areas where the parking passes spaces are located, including any sticker or other identification system established by Landlord and Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules Rules and regulationsRegulations and Tenant not being in default under this Lease beyond any applicable notice and cure period. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change make reasonable changes to the size, configuration, design, layout and all other aspects of the Property Project parking facility areas and improvements at any time upon thirty (30) days' prior written notice to Tenant and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to portions of the Property Project parking facility areas only for purposes of permitting or facilitating any such construction, alteration or improvements, not to exceed, without Tenant's approval, ten (10) business days in any twelve (12) month period; provided, however, that Landlord will undertake reasonable efforts to minimize the number of parking spaces affected by and the duration of any such temporary restrictions on use of the parking areas. In no event shall Tenant's Share of parking on the Project be permanently reduced below any minimum parking ratio required under Applicable Laws or in any manner which would materially, adversely interfere with Tenant's use and occupancy of the Premises. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by spaces available to Tenant pursuant to this Article ARTICLE 28 are provided to Tenant solely for use by Tenant’s own personnel the Tenant Parties and such passes spaces may not be transferred, assigned, subleased or otherwise alienated by Tenant, except on a pro-rata basis in connection with a Transfer an assignment or subletting of the Premises pursuant to Article 14 permitted or approved in accordance with the TCCs of this Lease, without Landlord’s prior approvalARTICLE 14. Tenant may validate visitor shall not utilize any of the Project parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord areas for the Buildinglong term (e.g., over two weeks) storage of vehicles owned by Tenant, its employees, contractors and consultants. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.47

Appears in 1 contract

Samples: Office Lease (3com Corp)

TENANT PARKING. Subject Tenant and the Tenant's parties (including Tenant's visitors) shall be entitled to the terms of this Article 28utilize, Tenant shall have the right to rent from Landlordwithout charge, commencing on the Rent Commencement Datedate this Lease if fully executed and delivered between Landlord and Tenant, the amount of unreserved parking passes spaces set forth in Section SECTION 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes spaces shall pertain to be located in the Property Project parking facilityareas. Each parking space shall be for a single, non-tandem space. Included in such allotment of parking spaces provided in the Summary shall be the number of handicapped parking spaces required by Applicable Law. The location of Tenant's parking spaces shall be as set forth on EXHIBIT J, attached hereto. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location may cause all of such parking passesspaces to be marked "reserved for Vical" or otherwise denoted to be reserved for its use; provided, however, during the first year of the Lease Term following the Rent Commencement Date onlyin connection therewith, Tenant shall additionally be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and responsible for posting any other assignee, sublessee, or transferee of the Tenant’s interest in this Leasegovernmentally required notices. In addition, Tenant may establish a sticker or other identification system; provided, however, the enforcement of Tenant's parking areas only for such stickered or otherwise identified Tenant visitors/guests shall be responsible for the full amount of any taxes imposed reasonably conducted by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, however, that in no event to the extent Landlord fails to reasonably enforce such system, Tenant may (following written notice thereof to Landlord) itself take reasonable actions to enforce such system. Tenant shall cooperate with Landlord to attempt to require that Tenant be entitled to rent more than Parties comply with the amount Rules and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations Regulations which are reasonably prescribed from time to time by Landlord for the orderly operation and use of the parking facility areas where the parking passes spaces are located, including any sticker or other identification system established by Landlord and located Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of that portion of the Property Project Common Areas relating to parking facility at any time areas and improvements allocated to the other buildings within the Pacific Corporate Center, and Tenant acknowledges and agrees that Landlord may, at any time upon thirty (30) days' prior written notice to Tenant, 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 Property Project parking facility areas only for purposes of permitting or facilitating any such construction, alteration or improvements, not to exceed, without Tenant's reasonable approval, three (3) business days for any single occasion or seven (7) business days in any calendar year; provided, however, that to the extent it is practicable for such work to be conducted (and completed) on weekends and/or national holidays, Landlord shall take commercially reasonable steps to do so. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by spaces provided to Tenant pursuant to this Article ARTICLE 28 are provided to Tenant solely for use by Tenant’s 's own personnel personnel, visitors and Tenant's occupants and such passes spaces may not be transferred, assigned, subleased or otherwise alienated by Tenant, except on a pro-rata basis in connection with a Transfer an assignment or subletting of the Premises pursuant to Article 14 permitted or approved in accordance with the TCCs of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesARTICLE 14.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Vical Inc)

TENANT PARKING. Subject Tenant and the Tenant Parties (including Tenant’s visitors) shall be entitled to the terms of this Article 28, Tenant shall have the right to rent from Landlordutilize, commencing on the Rent Lease Commencement Date, the amount number of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. areas/facility(ies); provided, however that Tenant shall pay be permitted to Landlord for automobile use the Exclusive Use Parking Passes allocated to each portion of the Premises beginning on the Commencement Date applicable to each portion of the Premises. Such parking passes shall permit Tenant and Tenant Parties to use, on a monthly basis the prevailing rate charged non-exclusive, as-available basis, together with other tenants and their respective employees, any undesignated, unreserved spaces available in such parking area/facility(ies) from time to time at the location of such parking passestime; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, that Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the have exclusive use of the parking facility by Tenant. Tenant may change passes located in the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all back of the unreserved parking passes Building at any time during the Lease Term, then Tenant’s right loading dock (the “Exclusive Use Parking Passes”) in the location shown on Exhibit A-2 and Landlord shall use commercially reasonable efforts to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); enforce such exclusive use against third parties and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 other tenants of the Summary during the Lease TermProject. Tenant’s continued right to use the parking passes is conditioned upon (a) Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the Project parking facility where the parking passes are locatedfacility(ies), including any sticker or other identification system established by Landlord and Landlord, (b) Tenant’s cooperation in seeing that Tenant Parties (including Tenant’s employees and visitors visitors) also comply with such rules and regulations, and (c) Tenant not being in default under this Lease (beyond any applicable notice and cure periods). So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility facility(ies) at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project area(s) or parking facility facility(ies), or relocate Tenant’s parking spaces to other parking facilities and/or surface parking areas within a reasonable distance (not to exceed one block) of the Premises, for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements with respect to the parking area(s) or facility(ies) or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located in the Project. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by to which Tenant is entitled pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel Tenant Parties and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Lease (Athira Pharma, Inc.)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled to rent from Landlordutilize, [***] commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary Summary, (provided that any visitor parking spaces and/or handicap parking spaces required by Applicable Laws due to Tenant’s occupancy shall be included as part of which up the number passes provided to five (5Tenant) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. As identified in Section 9 of the Summary, Tenant shall rent six (6) parking passes on a monthly basis throughout the Lease Term (the “Reserved Passes”), each relating to one (1) reserved parking space, three (3) of which shall be located on the second (2nd) level of that certain multi-tenant three (3) level parking structure located in the Project, and three (3) of which shall be located on the third (3rd) level of that same parking structure. The location of each of the foregoing Reserved Passes is identified on Exhibit J attached hereto. Tenant shall pay to Landlord for automobile parking passes each Reserved Pass so rented and on a monthly basis basis, the then-prevailing rate charged from time to time at the location of such parking passes; provided, however, during passes (the first year initial amount of which is acknowledged by the Lease Term following the Rent Commencement Date only, Tenant shall parties to be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area[***]. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing that exercise of commercially reasonable efforts to cause Tenant’s employees and visitors to also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as To the same do not unreasonably interfere with extent reasonably necessary to ensure Tenant’s parking rightsrights and obligations hereunder are readily available to and maintained by Tenant and its employees, Landlord shall establish a sticker or other identification system for the Project; provided, however, to the extent the foregoing measures prove insufficient, Landlord shall additionally implement, at Tenant’s sole cost and expense, reasonable access control and/or other parking management services or systems with regard to such Project parking facilities. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease (except to the extent expressly set forth in Section 3.2 of this Lease, above), from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. During any period of closure of or restricted access to the Project parking areas, Landlord shall be responsible to provide Tenant with reasonable replacement parking in reasonable proximity and with reasonable access to the Premises. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel personnel, employees, agents, contractors or invitees and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as *** Confidential portions of this document have been redacted and filed separately with the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesCommission.

Appears in 1 contract

Samples: Office Lease (Bridgepoint Education Inc)

TENANT PARKING. Subject At no cost to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date onlyTenant, Tenant shall be entitled to rent use during the unreserved Term (including any extensions thereof) the Parking Area for parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, purposes to the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings extent provided in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees Basic Lease Information and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the not use of the parking facility by Tenant. Tenant may change more than the number of parking passes rented pursuant to this Article 28 upon spaces indicated therein. Tenant shall park its cars only in the areas designated for use by Tenant, if any such areas are so designated. Tenant shall furnish Landlord with Tenant’s and Tenant’s employees’ license plate numbers within thirty (30) days after receiving a written request from Landlord, and Tenant shall thereafter notify Landlord of any changes within thirty (30) days after any change occurs. Should Tenant use the Parking Area or any portion thereof in violation of this Section 26, Landlord shall have the right, without notice, in addition to such other rights and remedies that it may have, to tow away any vehicle involved and charge the cost of towing and storage to Tenant, which cost shall be immediately payable upon demand by Landlord. Landlord shall not be required to enforce such parking rights against any tenant or any other party. Tenant shall abide, and cause its Representatives and Visitors to abide, by all Project Rules relating to parking in the Parking Area. Parking lot spaces shall be used only for parking by vehicles no larger than normal size passenger automobiles, sports utility vehicles, or pick-up trucks, or if so designated, for smaller vehicles. There shall be no overnight parking in the Parking Area without Landlord’s prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if consent. Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then or Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease employees, suppliers, shippers, customers or invitees shall be subject to availability (as determined not load or unload passengers, equipment or supplies, or park in areas, other than those designated by Landlord in its reasonable discretion); and provided, further, that in no event shall for such activities. Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility at any time and Tenant acknowledges and agrees that Landlord assumes no responsibility of any kind whatsoever in reference to such automobile parking facilities or the use thereof by Tenant, its employees, agents or invitees, or by anyone else. Landlord may, without incurring at any liability to Tenant time, and without any abatement of Rent under this Lease, from time to time, close-off or restrict limit access to the Property parking facility for purposes Parking Area by means of permitting or facilitating any such constructionattendants and/or other devices, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator and make other changes in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel layout and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer operation of the Premises pursuant to Article 14 of this Leaseparking facilities, including, without Landlord’s prior approvallimiting the generality of the foregoing, changes in locations of entrances, exits and parking spaces. Tenant may validate visitor parking by such method or methods Except as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valetspecifically provided in this Section 26, Tenant shall not have the right to use such valet’s services at any portion of the rate established by Landlord Parking Area for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesparking.

Appears in 1 contract

Samples: Lease Agreement (Tercica Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right right, but not the obligation, to rent from Landlord, commencing on the Rent Lease Commencement Date, up to, but no more than, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Building parking facility. Tenant hereby notifies Landlord that Tenant elects to rent three (3) reserved parking passes as of the Lease Commencement Date and continuing throughout the Lease Term. In addition, during the Lease Term, upon thirty (30) days’ prior written notice to Landlord, Tenant shall have the right from time to time to rent up to, but no more than, the remaining two (2) reserved parking passes (collectively, the “Unrented Passes”); provided, however, Tenant’s ability to so rent such Unrented Passes shall be subject to availability, as determined by Landlord in Landlord’s sole discretion. Tenant shall pay to Landlord for automobile any parking passes so rented by Tenant pursuant to the provisions of this Article 28 on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease beyond the expiration of all applicable notice and cure periods. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Building parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Building parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer Tenant without Landlord’s prior approval other than to an assignee of this Lease and or subtenant or other occupant of the Premises pursuant to previously approved (or deemed approved) in accordance with Article 14 of this Lease, without Lease by Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a shall have no obligation to monitor the use of such parking valetfacility, nor shall Landlord be responsible for any loss or damage to any vehicle or other property or for any injury to any person. Tenant’s parking passes shall be used only for parking of automobiles no larger than full size passenger automobiles, sport utility vehicles or pick-up trucks only during the hours that Tenant and/or its personnel are conducting business operations from the Premises; provided, however, occasional overnight parking associated with Tenant’s or its personnel’s conduct of business from the Premises shall be permitted, subject to Tenant’s and/or its personnel’s compliance with Landlord’s rules related to such overnight parking. Tenant shall have the right to use such valet’s services at the rate established comply with all rules and regulations which may be adopted by Landlord for from time to time and provided to Tenant with respect to parking and/or the parking facilities servicing the Building. In addition, if Tenant shall not at any time use more parking spaces than the number of parking passes allocated to Tenant or park its vehicles or the vehicles of others in any portion of the Building parking facility not designated by Landlord expands the as a non-exclusive parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Life360, Inc.)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right right, without the payment of any parking charge or fee (other than as a reimbursement of operating expenses to rent from Landlordthe extent allowed pursuant to the terms or Article 4 of this Lease, above), commencing on the Rent Lease Commencement Date, to use the amount of unreserved parking passes set forth in Section 9 of the Summary (of Summary, in the on-site parking lot which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout serves the Lease Term, which parking passes shall pertain to the Property parking facilityBuilding. Tenant shall pay to Landlord for automobile parking passes on a monthly basis also have the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the exclusive use of the parking facility by Tenant. electric vehicle chargers located adjacent to the Premises (the “Existing EV Spaces”), the spaces associated with which Tenant may change mxxx as being reserved for Tenant’s use, and such Existing EV Spaces shall be deducted from the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided spaces that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be is entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in use under Section 9 of the Summary during the Lease TermSummary. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding shall abide by all reasonable rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, located (including any sticker or other identification system established by Landlord and Tenant’s cooperation the prohibition of vehicle repair and maintenance activities in the parking facilities), and shall cooperate in seeing that Tenant’s 's employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects 's use of the Property Project parking facility shall be at any time Tenant's sole risk and Tenant acknowledges and agrees that Landlord mayshall have no liability whatsoever for damage to the vehicles of Tenant, without incurring its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any liability of Tenant's, its employees' and/or visitors' use of the parking facilities. Landlord shall not oversubscribe parking. Landlord shall use commercially reasonable efforts to prevent the occupants of neighboring buildings from parking in the lot serving the Building. 784015.04/WLA 888888-00017/8-7-18/ejs/ejs -37- [Seaport Center] [Adverum Biotechnologies, Inc.] Tenant shall have the right, at Tenant's sole cost and expense, to install additional electric car chargers, subject to Landlord’s review of the specifications therefor and compliance with the terms in Section 8 above and/or Exhibit B, as applicable, in spots adjacent to the Premises for the exclusive use of Tenant and without any abatement its employees, contractors and visitors and to mxxx such spaces as being reserved (which spaces shall deducted from the number of Rent spaces that Tenant is entitled to use under this Lease, from time to time, close-off or restrict access to Section 9 of the Property parking facility for purposes of permitting or facilitating any Summary) (the "Tenant EV Spaces"). Any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator Tenant EV Spaces and the Existing EV Spaces shall have all the rights of control attributed hereby to the Landlord. The parking passes rented be used by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection accordance with a Transfer of the Premises pursuant to Article 14 applicable terms of this Lease, without Landlord’s prior approvaland the terms of the indemnification and insurance provisions hereof shall apply to Tenant's use thereof. Tenant may validate visitor parking by such method or methods as shall maintain the Landlord may establishTenant EV Spaces and the Existing EV Spaces and all associated equipment in good operating order and safe condition, in compliance with all applicable laws, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesTenant's sole cost and expense.

Appears in 1 contract

Samples: Seaport Center (Adverum Biotechnologies, Inc.)

TENANT PARKING. Subject to the terms of this Article 28Tenant shall, Tenant shall at no additional cost, have the right to rent from Landlorduse throughout the Lease Term, commencing on the Rent Lease Commencement DateDate (and earlier as set forth in Section 5.5 of the Work Letter), the amount and type of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermSummary, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord facilities for automobile parking passes on a monthly basis Phase 1 (collectively, the prevailing rate charged from time to time at the location of such parking passes"Parking Facilities"); provided, provided however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility Parking Facilities by Tenant. The Parking Facilities are anticipated to contain 1,190 parking spaces. Landlord shall not grant Tenant may change and the tenant(s) of the Other Phase Buildings parking passes that would exceed the total number of parking passes rented spaces in the Parking Facilities by more than ten percent (10%) in the aggregate, except in connection with valet services provided by Landlord pursuant to the terms of this Article 28 upon thirty (3028, in which case Landlord shall not grant Tenant and the tenant(s) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved Other Phase Buildings parking passes at any time during that would exceed the Lease Term, then Tenant’s right to again increase the total number of parking passes that it elects to rent under this Lease spaces in the Parking Facilities by more than thirty-five percent (35%) in the aggregate. The Parking Facilities are depicted on Exhibit A-3 attached hereto, which includes the anticipated location of electrical vehicle chargers available for Tenant's use. As part of Tenant's parking allocation, Tenant shall be subject entitled to availability ten (as determined by Landlord 10) visitor parking stalls in its reasonable discretion)a location proximate to the elevator on the P4 level of the Parking Facilities; and provided, furtherhowever, that in no the event Landlord institutes valet parking, then Landlord shall Tenant be entitled to rent more than have the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the either relocate all or any portion of such ten (10) visitor parking passes is conditioned upon spaces and/or provide such visitor parking as part of Landlord's valet parking. Tenant abiding shall cause its employees and visitors to abide by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are locatedParking Facilities, including any sticker or other identification system established by Landlord and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsLandlord. So long as the same do not unreasonably interfere with Tenant’s parking rightsSubject to Landlord's Obligation to Minimize Tenant Interference, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility Parking Facilities at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility Parking Facilities for purposes of permitting or facilitating any such construction, alteration or improvements. Subject to Landlord's Obligation to Minimize Tenant Interference, Landlord may, at any time, institute valet assisted parking, tandem parking stalls, "stack" parking, or other parking program within the Parking Facility, the cost of which shall be included in Operating Expenses. In the event Landlord institutes valet parking, Landlord shall also use commercially reasonable efforts to minimize wait times for Tenant's employees and visitors that use the valet by utilizing technology, optimal staffing, and data analytics, as determined by Landlord. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel Tenant Parties and such passes may not be transferred, assigned, subleased or otherwise alienated by TenantTenant without Landlord's prior approval other than to a Transferee, except in connection with a Transfer Permitted Transferee, or occupant of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesSection 14.9 above.

Appears in 1 contract

Samples: Oyster Point (Cytokinetics Inc)

TENANT PARKING. Subject to Commencing on the terms of this Article 28Lease Commencement Date, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, use up to the amount of unreserved parking passes spaces in the Project parking facility set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time without decreasing the number of parking spaces available for Tenant to rent as provided in Section 9 of the Summary and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may, at any time, institute valet assisted parking, tandem parking stalls, or other parking program within the Project parking facility, and Landlord may, at any time, designate all or any portion of Tenant's unreserved parking spaces for the use of parking in an offsite parking facility reasonably designated by Landlord, and Tenant and its employees shall comply with any such measures. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes spaces rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Wageworks, Inc.)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermTerm in the total amount set forth in Section 11 of the Summary, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the MidOn-Market/Civic Center site Parking Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting Up to six (6) of such parking passes may, at Tenant's option, be for reserved parking spaces in the On-site Parking Area at a location designated by Tenant or Landlord and the use remainder of such parking passes shall be for unreserved parking in the parking facility by TenantOn-site Parking Area. Tenant may change the number of parking passes rented pursuant to this Article 28 upon shall provide Landlord with at least thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects desires to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again decrease or increase the actual number of parking passes that it elects to rent under this Lease shall be rented by Tenant, subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the maximum amount and type of parking passes allocated to Tenant as set forth in Section 9 11 of the Summary during the Lease TermSummary. Tenant’s continued right Tenant shall pay to use the Landlord monthly parking charges for such parking passes is conditioned upon at the prevailing rate charged by Landlord from time to time for parking in the On-site Parking Area, plus all applicable taxes and governmental charges. Tenant abiding shall abide by all rules and regulations which are reasonably 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 On-site Parking Area and Tenant’s cooperation in seeing that Tenant’s Tenant shall use its good faith efforts to cause its employees and visitors also to comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility On-site Parking Area at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property parking facility On-site Parking Area for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements so long as Landlord provides reasonably adequate substitute parking (and if the market parking charges for such substitute parking are less than the parking charges to be paid by Tenant for the On-site Parking Area as provided in this Section 28.1, Tenant shall be entitled to such reduced rate). Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by TenantTenant without Landlord's prior approval; provided, except in connection with however, that Tenant may transfer all or a Transfer portion of the Premises parking passes rented by Tenant pursuant to this Article 28 to a Transferee permitted under Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as For each Lease Year during the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valetinitial Lease Term, Tenant shall have be entitled to purchase up to Twenty Thousand Dollars ($20,000) of visitor parking validations at a twenty-five percent (25%) discount from Landlord's normal rate charged to the right other tenants in the Building for such parking validations; provided, however, that such discounted parking validations may only be used by Tenant's visitors to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant Building and shall have the right not be transferable to its proportionate share of such additional spacesany other parkers.

Appears in 1 contract

Samples: Office Lease (First Consulting Group Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes permits set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes permits shall pertain to the Property Project parking facility. Tenant shall pay to Landlord for automobile parking passes permits on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; providedpermits. Notwithstanding the foregoing, howeverto the extent that Tenant is not then in default under this Lease (beyond the applicable notice and cure period provided in this Lease), Tenant shall only be required to pay fifty percent (50%) of the fees set forth above for the use of unreserved parking permits (except with respect to any applicable taxes, as set forth below) during the first year twelve (12) months of the initial Lease Term following the Rent Commencement Date only, Tenant Term. There shall be entitled no rent abatements or concession with respect to rent the unreserved reserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Leasespaces. In addition, notwithstanding any contrary provision of this Lease, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes permits by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes permits is conditioned upon Tenant abiding by all rules the “Parking Rules and regulations which are Regulations” attached hereto as Exhibit I, as the same may be reasonably prescribed modified from time to time by Landlord, and all other rules and regulations prescribed by Landlord for the orderly operation and use of the parking facility where the parking passes permits are located, including any sticker or other identification system established by Landlord and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules the foregoing, and regulationsTenant not being in default under this Lease (beyond the applicable notice and cure period provided in this Lease). So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements; provided, however, that in connection therewith, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s parking rights hereunder. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The Tenant hereby acknowledges that the parking passes rented by license privileges provided for herein are for the exclusive use of Tenant, and the officers and employees thereof; and, notwithstanding anything to the contrary contained in this Lease, Tenant pursuant to this Article 28 are shall not assign or sublease any parking license privileges or permits provided to Tenant solely herein or by a separate license or other agreement, and any attempted assignment of parking privileges and/or parking permits by Tenant shall be null and void and without effect, unless done pursuant to a Landlord approved Transfer under Article 14, above. Landlord shall use commercially reasonable efforts to provide visitor parking for use by Tenant’s own personnel and such passes customers, invitees or licensees in those parking areas located in the Project which may not from time to time be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer designated for patrons of the Premises pursuant Project; provided, however, if Landlord opts to Article 14 charge Tenant’s customers, invitees or licensees for the use of this Leasesuch visitor parking, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds assumes no responsibility whatsoever for loss or damage due to fire, theft, vandalism, malicious mischief or otherwise to any automobiles parked in the parking areas of the Project, or any personal property therein, except to the extent that such loss or damage is due to the willful act or gross negligence of Landlord, and Tenant agrees, upon request from Landlord from time to time, to notify Tenant’s officers, employees and agents then using any of the parking privileges provided for in this Lease of such limitation of liability. It is the intention of the parties hereto that a parking valet, license only is hereby granted to Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant permit privileges provided herein and no bailment is intended or shall have the right to its proportionate share of such additional spacesbe created hereby.

Appears in 1 contract

Samples: Office Lease (Obagi Medical Products, Inc.)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlordlease, commencing on the Rent Lease Commencement Date, the amount number of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term. Of such parking passes, which two (2) passes for each 1,000 usable square feet of the Premises shall be for parking located on the roof of Parking Structure Two (as such structure is shown on Exhibit “B” hereto) (“Roof Passes”), one (1) pass for each 1,000 usable square feet of the Premises shall be for parking located on an unreserved basis anywhere in Parking Structure Two (“Structure Two Passes”) and the remaining one (1) pass for each 1,000 usable square feet of the Premises shall be for parking located in Parking Structure One or Parking Structure Two as determined by Landlord (“Flex Passes”). Of the Structure Two Passes, Tenant may elect to have up to eighteen (18) of such passes shall pertain to the Property designated for covered reserved parking facilityat locations within Parking Structure Two reasonably determined by Landlord. Tenant shall pay to Landlord or, at Landlord’s option, “Landlord’s Designee” (as that term is defined in this Article 18 below), for such automobile parking passes passes, on a monthly basis basis, the following rates until the expiration of the second (2nd) Lease Year: Forty Dollars ($40.00) per pass per month (plus applicable tax) for the Roof Passes and Sixty Dollars ($60.00) per pass per month (plus applicable tax) for the Structure Two Passes and the Flex Passes (including, without limitation, any reserved Structure Two Passes). After the expiration of the second (2nd) Lease Year, the rate for all such passes shall be the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved for parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with in the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, facility or transferee of the Tenant’s interest in this Leasefacilities. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Notwithstanding anything to the contrary contained herein, for the first month following the Lease Commencement Date for each portion of the Premises leased by Tenant may change (i.e., the number of 25th Floor Space, 24th Floor Space, 22nd Floor Space, Initial 21st Floor Space and Must Take Space) XXXXXX XXXXXX XXXXX Tenant shall only be obligated to pay for those parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if actually utilized by Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then in connection with Tenant’s right to again increase the number occupancy of parking passes that it elects to rent under this Lease such space; thereafter, Tenant shall be subject obligated to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event lease all such passes. Tenant shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding abide by all rules reasonable Rules and regulations Regulations which are reasonably 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 facilities and Tenant’s cooperation Tenant shall cooperate in seeing that good faith to have Tenant’s employees and visitors also comply with such rules Rules and regulationsRegulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right right, at any time, to (i) change the size, configuration, design, layout and all other aspects of the Property parking facility at any time or facilities, and/or (ii) perform repairs to the parking facility or facilities, and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility or facilities for purposes of permitting or facilitating any such construction, alteration alteration, improvements or improvementsrepairs provided such closure or restriction does not materially interfere with Tenant’s operation of business. Landlord may lease the parking areas, enter into a license agreement or otherwise delegate its responsibilities hereunder under this Article 18 to a parking operator (“Landlord’s Designee”) in which case such parking operator Landlord’s Designee shall have all the rights of control attributed hereby under this Article 18 to the Landlord. The parking passes rented leased by Tenant pursuant to this Article 28 18 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval, except that Tenant may transfer a prorata number of passes to any Transferee permitted under Article 11 above, and to Tenant’s outside auditors, consultants, contractors, agents and/or other invitees who will frequent the Premises on more than an occasional basis; provided that Tenant shall not profit from any such transfer. Tenant may validate shall be entitled to parking validations for visitor parking by such method or methods as the Landlord may establish, at the validation rate rates prevailing from time to time generally applicable for such validation parking in the Project. Notwithstanding the foregoing, if Tenant has vacated the entire Premises or has begun to visitor parking. If Landlord adds market the entire Premises for a parking valetTransfer, by written notice to Landlord, Tenant may reduce its obligation to rent parking passes to (a) three (3) parking passes for every one thousand (1,000) usable square feet of the Premises during the third (3rd) to last month of the Lease Term (or Option Term, if applicable), (b) two (2) parking passes for each one thousand (1,000) usable square feet of the Premises during the second (2nd) to last month of the Lease Term (or Option Term, if applicable) and (c) one (1) parking pass for each one thousand (1,000) usable square feet of the Premises during the last month of the Lease Term (or Option Term, if applicable). Once Tenant exercises such reduction, any subsequent Tenant request for an increase in the number of parking passes shall have only be granted to Tenant to the right to use such valet’s services at the rate established by Landlord extent and for the Building. In additionperiod(s) Landlord reasonably determines that additional passes are available in Landlord’s parking and leasing program for the Project, if Landlord expands the and any passes granted as a result of any such request shall be in addition to Tenant’s then existing obligation to rent parking area, Tenant shall have the right to its proportionate share of such additional spacespasses as set forth above.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. The location of the reserved parking spaces, if any, shall be designated by Landlord. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of for such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the Project’s parking facilities), Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and there being no continuing Event of Default by Tenant hereunder. So long as Tenant’s use of the same do Project parking facility shall be at Tenant’s sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant’s, its employees’ and/or visitors’ use of the parking facilities, provided that the foregoing shall not unreasonably interfere with limit Landlord’s liability, if any, pursuant to Applicable Laws for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. Tenant’s rights hereunder are subject to the terms of any Underlying Documents. Tenant’s parking rightsprivileges in the Building parking facilities shall be subject to whatever parking methods are then being used in the Building parking facilities (e.g., self-parking, valet parking, stack parking, etc.). Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Rockley Photonics Holdings LTD)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout Throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as spaces set forth in Section 9 11 of the Summary during Summary, located in those portions of the Lease TermParking Facilities as may be designated by Landlord from time to time, at no additional charge. Landlord may elect to distribute parking passes for the Parking Facilities but shall have no obligation to monitor or supervise parking by Tenant, other tenants of the Project, or their invitees. Tenant’s continued right to use the parking passes spaces is conditioned upon Tenant abiding by all reasonable, non-discriminatory rules and regulations which are reasonably 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 Parking Facilities and upon Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with In addition, at no cost to Tenant’s , Landlord may assign any parking rights, spaces and/or make all or a portion of such spaces reserved or institute an attendant-assisted tandem parking program and/or valet parking program if Landlord determines in its sole discretion that such is necessary or desirable for orderly and efficient parking. Landlord specifically reserves the right right, from time to time, to change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility at any time Parking Facilities, and Tenant acknowledges and agrees that Landlord Landlord, from time to time, may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, Lease temporarily close-off or restrict access to the Property Parking Facilities, or temporarily relocate Tenant’s parking facility spaces to other parking structures and/or surface parking areas within a reasonable distance from the Parking Facilities, for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located on the Real Property. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to Landlord. Tenant shall be solely responsible for any parking tax or other charges imposed by governmental authorities in connection with the use of Tenant’s parking spaces at the Parking Facilities, or, if directly imposed against Landlord, Tenant shall reimburse Landlord for all such taxes and/or charges within ten (10) days after Tenant’s receipt of an invoice from Landlord. The parking passes rented by provided to Tenant pursuant to this Article 28 23 (if any) are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. , except to an Affiliate of Tenant may validate visitor parking or to a Transferee of Tenant approved by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesLandlord.

Appears in 1 contract

Samples: Terms of Lease (Intervoice Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled to rent from Landlord, utilize commencing on the Rent Lease Commencement DateDate and continuing for the duration of the Lease Term, the amount of unreserved parking passes spaces set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermSummary, which parking passes spaces shall pertain to the Property Project parking facility. Tenant XXXXXX REALTY THE CAMPUS AT SORRENTO GATEWAY 702009.06/WLA -70- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.] Tenant’s unreserved parking spaces shall pay to Landlord be without charge for automobile the entire Lease Term as may be extended (excepting only any parking passes on a monthly basis taxes or other charges imposed by governmental authorities in connection with the prevailing rate charged from time to time at the location use of such parking passes; provided[as more particularly contemplated below]). In lieu of an equal number of unreserved parking spaces, howeverthe Tenant shall have the right to reserve and xxxx up to a total of twenty-three (23) of such unreserved parking spaces as reserved visitor parking spaces (the “Reserved Visitor Parking Right”), during provided that the first year Reserved Visitor Parking Right must be exercised by Tenant, if at all, pursuant to a written notice to Landlord expressing Tenants’ desire to exercise said Reserved Visitor Parking Right. The location of the Lease Term following the Rent Commencement Date only, Tenant reserved visitor parking spaces shall be entitled designed by Tenant from the shaded parking spaces identified on Exhibit A-2 attached to rent this Lease, and the unreserved parking passes at a rate of One Hundred Fifty signage and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord any markings applicable thereto shall be subject to market rate increases consistent Landlord’s prior approval (not to be unreasonably withheld). Upon the expiration or earlier termination of this Lease or upon the date upon which Tenant wishes to no longer have the then-existing reserved visitor parking spaces designated as such, such reserved visitor parking spaces shall, at Tenant’s sole cost and expense, be returned to unreserved parking spaces (i.e., the current condition of those spaces as of the date of this Lease). In addition to any fees that may be charged to Tenant in connection with the its parking rates being charged by landlords of Comparable Buildings automobiles in the Mid-Market/Civic Center Area. The foregoing Project parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionfacilities, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes spaces by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes spaces is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes spaces are located, including any sticker or other identification system established by Landlord and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease (beyond the applicable notice and cure periods). So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements; provided, however, in connection therewith, Landlord shall use commercially reasonable efforts to ensure that Tenant’s number, location and access to the Project parking facilities is not materially impaired and provide alternative parking if necessary. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes spaces rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Accelrys, Inc.)

TENANT PARKING. Subject Tenant and the Tenant’s parties (including Tenant’s visitors) shall be entitled to utilize, without charge during the terms of this Article 28, Tenant shall have the right to rent from Landlordinitial Lease Term, commencing on the Rent Lease Commencement Date, the amount number of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes permits shall pertain to the Property Project parking facility. areas; provided, however, during any Option Term, Tenant shall rent such parking passes from Landlord and shall pay to Landlord for automobile parking passes therefore, on a monthly basis basis, the prevailing rate charged from time to time at the location of such parking passes; provided, however, during . Notwithstanding anything to the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings contrary set forth in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionimmediately preceding sentence, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting Tenant’s use of such parking passes by Tenant or the Tenant’s use of the Project parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Termfacility. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the Project parking facility where the parking passes are locatedfacility, including any sticker or other identification system established by Landlord and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease (beyond any applicable notice and cure periods). So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by to which Tenant is entitled pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Aries Ventures Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to may rent from Landlord, commencing on the Rent Lease Commencement Date, up to the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. Subject to the foregoing, Tenant shall be entitled to increase or decrease the number of parking passes rented by Tenant upon not less than thirty (30) days notice to Landlord. Upon notice to Landlord prior to the date which is ninety (90) days after the Lease Commencement Date, Tenant shall be entitled to lease any or all of the reserved parking spaces in the locations designated on Exhibit G attached to this Lease. In the event that Tenant shall fail to lease any of the reserved parking spaces designated on Exhibit G, Tenant shall no longer have the right to lease the specific spaces Tenant failed to so lease, provided that Tenant shall continue to have the right to lease reserved parking spaces in the amount set forth in Section 9 of the Summary. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, howeverprovided that such rate (i) is currently, during the first year as of the Lease Term following the Rent Commencement Date onlydate of this Lease, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty Thirty-Two and 00/100 No/100 Dollars ($150.00132.00) per for each reserved parking space and Eighty-Two and 50/100 Dollars ($82.50) for each unreserved parking pass per month; and providedpass, further, that thereafter, the prevailing rate charged by Landlord (ii) shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount inclusive of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change , and (iii) shall not exceed the number parking rates charged by landlords of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease TermComparable Buildings. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, on a temporary basis or in connection with Landlord's compliance with applicable laws, without incurring any liability to Tenant and without any abatement of Rent under this Lease (except as specifically set forth in Section 19.5.2 of this Lease), to the extent reasonably required, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant separate and apart from a transfer of Tenant, except 's interest in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Artistdirect Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right right, but not the obligation, to rent from Landlord, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain be for unreserved parking stalls located in the parking facility servicing the Project. Subject to the Property maximum number of parking facilitypasses to which Tenant is entitled pursuant to the terms of this Lease, Tenant may increase or decrease the number of parking passes rented by Tenant upon not less than thirty (30) days notice to Landlord. Tenant shall pay to Landlord for automobile parking passes on a monthly basis an amount (the “Parking Charge”) equal to the prevailing rate charged from time to time at the location of such parking passes; provided, however, that (i) the Parking Charge shall be deemed to equal $100.00 per parking pass per month during the first year eighteen (18) months of the initial Lease Term following Term, and (ii) the Rent Commencement Date onlyParking Charge shall be deemed to equal $140.00 per parking pass per month during months nineteen (19) through thirty-six (36), inclusive, of the initial Lease Term. In addition to the Parking Charge, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall all times be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the Project’s parking facilities), Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease after the expiration of any applicable notice and cure period. So long as the same do not unreasonably interfere with Tenant’s use of the Project parking rightsfacility shall be at Tenant’s sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant’s, its employees’ and/or visitors’ use of the parking facilities, provided that the foregoing shall not alter or limit Landlord’s liability for personal injury and/or property damage to the extent caused by Landlord’s negligence or willful misconduct. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time (provided that the foregoing shall not alter Tenant’s rights hereunder to the parking passes to which Tenant is entitled under the terms of this Lease), and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel (including contract employees) and vendors (collectively, “Tenant Parkers”) and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant shall cause all Tenant Parkers to comply with Landlord’s reasonable parking rules, regulations and requirements, including, without limitation, causing Tenant Parkers to register with Landlord and/or its parking operator. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Blucora, Inc.)

TENANT PARKING. Subject to compliance with the terms of this Article 28rules and regulations reasonably prescribed by Landlord, Tenant shall have the right to rent from Landlord, commencing on use the Rent Commencement Date, the amount number of unreserved parking passes set forth in Section 9 12 of the Summary of Basic Lease Information, at no charge to Tenant during the initial Lease Term. Landlord has advised Tenant, and Tenant acknowledges, that (i) a portion of which up to five the Parking Facilities are derived through an off-site parking easement (5the “Parking Easement”) may and that although the Parking Easement has been insured under Landlord’s owner policy of title insurance, Landlord does not warrant that the parking rights provided under the Parking Easement will remain in existence or otherwise will not be converted to reserved free from a third party challenge, and (ii) Tenant’s parking passes), rights granted hereunder are granted on a monthly basis throughout the Lease Termnon-exclusive, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Midfirst-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Leasecome first-served basis. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent use more than the amount and type number of parking passes allocated to Tenant as set forth in by Section 9 12 of the Summary during Summary. For purposes of permitting or facilitating any such construction, alteration, improvements or repairs with respect to the Lease Term. Tenant’s continued right Parking Facilities or to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are locatedaccommodate or facilitate renovation, including any sticker alteration, construction or other identification system established by Landlord and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as modification of other improvements or structures located on the same do not unreasonably interfere with Tenant’s parking rightsReal Property, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility at any time and Tenant acknowledges and agrees that Landlord may, 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 Property Parking Facilities, so long as Landlord relocates Tenant’s parking facility for purposes to other parking structures and/or surface parking areas with the same number of permitting or facilitating any such constructionspaces Tenant is entitled to herein, alteration or improvements. and further provided Landlord may delegate its responsibilities hereunder provides a free shuttle service to a and from the temporary parking operator areas (unless the temporary parking is in which case such the parking operator shall have all the rights of control attributed hereby lot immediately adjacent to the LandlordBuilding). The Tenant may, as an Alteration subject to the terms of Article 8 of this Lease and approval of the Las Colinas Association, elect to construct, at Tenant’s sole cost, up to forty (40) covered carports in the surface parking passes rented lot at locations reasonably approved by Tenant pursuant to this Article 28 are provided Landlord and the Las Colinas Association. Such covered carports shall be exclusive to Tenant solely for use by Tenant’s own personnel and such passes may during the Term of this Lease; provided, however, that Landlord will not be transferred, assigned, subleased obligated to police the use of such carports. Upon the expiration or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 earlier termination of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the covered carports shall become the property of Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, and Tenant shall have no obligation to remove same. Subject to approval by the right to use such valetLas Colinas Association and Landlord (provided Landlord’s services approval shall not be unreasonably withheld), Tenant may place signage on its carports identifying them as reserved for Tenant and stating that violators will be towed at the rate established by car owner’s expense. Tenant will indemnify, defend and hold the Health Management Systems Corporate Point Landlord for Indemnified Parties harmless from any Indemnified Claims arising out of the Building. In addition, if Landlord expands towing of any cars parked in the parking area, Tenant shall have the right to its proportionate share of such additional spacescarports.

Appears in 1 contract

Samples: Office Lease (HMS Holdings Corp)

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TENANT PARKING. Subject During the Lease Term (but subject to Section 10 of the Summary), Tenant shall have the right and the obligation to rent parking for four (4) passenger vehicles per 1,000 rentable square feet in the Premises (“Tenant’s Parking”), in compliance with all applicable laws, the terms of this Article 28Lease, and with the rules and regulations attached hereto. Tenant’s Parking shall be within the portion of the Parking Facilities shown on Exhibit A-3 attached hereto (the “Parking Area”). Tenant shall have the right to access the Parking Area twenty-four (24) hours per day, every day during the Lease Term, and Landlord shall use commercially reasonable efforts to minimize the disruption of Tenant’s use of the Parking Area during the performance of maintenance activities in the Parking Area. Parking charges shall be at the rate in effect from time to time, which will be, as of the Rent Commencement Date, $90 per parking pass per month for unreserved parking and $135 per parking pass per month for reserved parking, increasing by three percent (3%) annually on each anniversary of the BSC Completion Date. Up to ten percent (10%) of Tenant’s Parking may be reserved (“Tenant’s Reserved Parking”), which Tenant’s Reserved Parking shall be located in the areas depicted on Exhibit L attached hereto. Subject to the preceding sentence, Tenant may adjust the percentage of Tenant’s Reserved Parking upon not less than thirty (30) days’ prior Notice to Landlord, but Landlord shall not be required to provide more than ten percent (10%) of Tenant’s Parking as Tenant’s Reserved Parking. Tenant’s Reserved Parking shall be located, initially, in an area to be mutually approved by Landlord and Tenant, which will be subject to relocation by Landlord to an area proposed by Landlord and approved by Tenant (such approval not to be unreasonably withheld, conditioned or delayed) upon not less than thirty (30) days’ notice. Subject to availability, Tenant shall have the right to rent from Landlordparking for additional passenger vehicles (i.e., commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up addition to five (5Tenant’s Parking described herein) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, then-current rate for same. Landlord shall at all times during the first year of the Lease Term following have the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty sole and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee exclusive control of the Tenant’s interest in this Lease. In additionParking Facilities, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant and may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease TermTerm exclude and/or restrain any person from use or occupancy thereof; excepting, then Tenant’s right however, Tenant and its employees, and customers, service suppliers and other invitees of other parties who make use of said Parking Facilities in accordance with this Lease. Landlord agrees to again increase install parking controls at the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 entrance of the Summary during Parking Area and Landlord agrees to monitor the Lease TermParking Areas to ensure that only authorized vehicles are parked in the Parking Area. Tenant’s continued right to use Tenant may purchase from Landlord validation stickers, tokens, stamps or equivalent at the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time rate for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system same established by Landlord and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by rights granted to Tenant pursuant to this Article 28 27 are provided to Tenant solely for use by Tenant’s own personnel and such passes rights may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as All motor vehicles (including all contents thereof) shall be parked in the Landlord may establish, Parking Facilities at the validation rate from time sole risk of Tenant, it being expressly agreed and understood Landlord has no duty to time generally applicable to visitor parking. If insure any of said motor vehicles (including the contents thereof), and Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord is not responsible for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share protection and security of such additional spacesvehicles. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, LANDLORD SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY PROPERTY DAMAGE OR LOSS WHICH MIGHT OCCUR ON THE PARKING AREA OR AS A RESULT OF OR IN CONNECTION WITH THE PARKING OF MOTOR VEHICLES PURSUANT HERETO, EXCEPTING ONLY LOSSES OR DAMAGES RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD.

Appears in 1 contract

Samples: Beyond Meat, Inc.

TENANT PARKING. Subject to Tenant shall rent three (3) parking permits per one thousand rentable square feet of the terms of this Article 28, Tenant Premises and shall have the right to rent from Landlordan additional one (1) parking permit per one thousand rentable square feet of the Premises, subject to the following terms hereof, commencing on the Rent earlier of (i) the Lease Commencement Date, Date and (ii) the amount of unreserved parking passes set forth in Section 9 of date the Summary (of which up to five (5) may be converted to reserved parking passes)Premises are Ready for Occupancy, on a monthly basis throughout the Lease Term, which parking passes permits shall pertain to the Property Project parking facility. Tenant shall pay Subject to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date onlyabove requirements and limitations, Tenant shall be entitled notify Landlord on or before the date that Tenant takes occupancy of the Premises of the initial number of parking passes that Tenant desires to rent the unreserved parking from Landlord and Tenant shall rent such passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by from Landlord shall be subject to market rate increases consistent in accordance with the parking rates being charged by landlords terms of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionSubsequent to Tenant's initial allocation of parking permits pursuant to the above, Tenant may increase (subject to the maximum allocation of additional unreserved parking permits as provided in Section 9 of the Summary and above) or decrease the number of passes rented (subject to the minimum allocation of parking permits as provided in Section 9 of the Summary and above), as the case may be, by XXXXXX REALTY [999 North Xxxxxxxxx] [Encore Software] Tenant upon not less than thirty (30) days notice to Landlord. Notwithstanding anything to the contrary contained herein, even though Tenant may not be required to pay any fees or rent during a portion of the initial Lease Term in connection with Tenant's parking permits, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes permits by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during throughout the Lease Term. At Landlord's option all or any portion of any visitor parking which may be provided in the Project parking facility, may be unreserved tandem parking spaces. Tenant’s 's continued right to use the parking passes permits is conditioned upon Tenant abiding by all rules the "Parking Rules and regulations which are Regulations" attached hereto as EXHIBIT I, as the same may be reasonably prescribed modified from time to time by Landlord, and all other rules and regulations prescribed by Landlord for the orderly operation and use of the parking facility where the parking passes permits are located, including any sticker or other identification system established by Landlord and Landlord, Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules the foregoing, and regulationsTenant not being in Default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements, provided that Landlord uses commercially reasonable efforts to ensure that at all times Tenant shall have adequate parking for its employees and customers at the ratios stated herein. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The Tenant hereby acknowledges that the parking passes rented by license privileges provided for herein are personal to Tenant pursuant and for the exclusive use of Tenant, its officers and employees; and, notwithstanding anything to the contrary contained in this Article 28 are Lease, Tenant shall not assign or sublease any parking license privileges or permits provided to Tenant solely herein or by a separate license or other agreement, and any attempted assignment of parking privileges and/or parking permits by Tenant shall be null and void and without effect, unless done pursuant to a Landlord approved Transfer under Article 14, above. Tenant acknowledges that Landlord has no obligation to provide visitor parking for use by Tenant’s own personnel and such passes 's customers, invitees or licensees other than parking spaces in those parking areas located in the Project which may not from time to time be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer designated for patrons of the Premises pursuant Project; provided, however, if Landlord opts to Article 14 of this Leaseprovide visitor parking for Tenant's customers, without Landlord’s prior approval. invitees or licensees, Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds assumes no responsibility whatsoever for loss or damage due to fire, theft, vandalism, malicious mischief or otherwise to any automobiles parked in the parking areas of the Project, or any personal property therein, except to the extent that such loss or damage is due to the willful act or negligence of Landlord, and Tenant agrees, upon request from Landlord from time to time, to notify Tenant's officers, employees and agents then using any of the parking privileges provided for in this Lease of such limitation of liability. It is the intention of the parties hereto that a parking valet, license only is hereby granted to Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant permit privileges provided herein and no bailment is intended or shall have the right to its proportionate share of such additional spacesbe created hereby.

Appears in 1 contract

Samples: Office Lease (Navarre Corp /Mn/)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right (i) be entitled to rent from Landlord, on a monthly basis throughout the Lease Term, commencing on the Rent Lease Commencement Date, the amount of reserved parking passes set forth in Section 9 of the Summary, and (ii) be entitled to use commencing on the Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermSummary, which parking passes shall pertain to the Property Project parking facilitystructure. Tenant shall pay to Landlord (or its designee) for automobile the reserved parking passes on a monthly basis at the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant monthly rate for Tenant's reserved parking passes shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 No/100 Dollars ($150.00) per reserved parking pass for the remainder of the initial Lease Term (as opposed to any Option Term); provided further, however, that for Lease Months one (1) through thirty-six (36) of the initial Lease Term only, Tenant shall receive five (5) reserved spaces without charge (excepting only any parking taxes or other charges imposed by governmental authorities in connection with the use of such reserved parking passes).' Tenant's unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord passes shall be subject to market rate increases consistent without charge for the initial Lease Term only (excepting only any parking taxes or other charges imposed by governmental authorities in connection with the use of such parking). In addition to any fees that may be charged to Tenant in connection with its parking rates being charged by landlords of Comparable Buildings automobiles in the Mid-Market/Civic Center Area. The foregoing Project parking rates may only be utilized by Tenant./ -/// -52- XXXXXX REALTY, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionL.P. [ACADIA Pharmaceuticals Inc.] structure, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Notwithstanding the foregoing, no such changes shall materially adversely affect Tenant's access to or use of the Premises. During any period of temporary closure of or restricted access to the Project parking areas, Landlord shall be responsible to provide Tenant with reasonable replacement parking in reasonable proximity and with reasonable access to the Premises. Landlord may, at any time, institute valet assisted parking, tandem parking stalls, "stack" parking, or other parking program within the Project parking facility, the cost of which shall be included in Operating Expenses, unless otherwise restricted pursuant to the exclusion in Section 4.2.4(p) of this Lease. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

TENANT PARKING. Subject Prior to the terms first day of this Article 28the seventh (7th) month of the second (2nd) Lease Year, Tenant shall have the right right, but not obligation, to rent from Landlord, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Termbasis, which parking passes shall pertain to the Property Project parking facility. Commencing on the first day of the seventh (7th) month of the second Lease Year, and continuing throughout the remainder of the Lease Term, Tenant shall be required to rent from Landlord the amount of parking passes set forth in Section 9 of the Summary. Tenant shall pay to Landlord for automobile parking passes rented by Tenant, on a monthly basis basis, the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Team Communication Group Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during that (i) the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved current parking passes at a rate of One Hundred Fifty rates are Fifty-Five and 00/100 No/100 Dollars ($150.0055.00) per for each unreserved parking pass per month; , and providedSeventy-Five and No/100 Dollars ($75.00) for each reserved parking space per month, furtherand (ii) in no event shall such current rates increase prior to the expiration of the first Lease Year. With respect to Tenant's reserved parking passes, that thereafter, the prevailing rate charged by Landlord four (4) of such passes shall be subject to market rate increases consistent with the for reserved parking rates being charged by landlords of Comparable Buildings spaces in the Mid-Market/Civic Center Area. The foregoing Building surface parking rates may only lot, which reserved parking spaces are further described on Exhibit A-1 hereto, and the remaining six (6) passes shall be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of for reserved parking spaces in the Tenant’s interest in this LeaseBuilding parking facility. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are reasonably 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 and Landlord, Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. In connection with the foregoing, Landlord shall use commercially reasonable efforts to (i) give Tenant reasonable advance notice of such temporary closures, and (ii) in the event of a closure for any material amount of time, provide Tenant with a reasonable parking alternative. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Schuler Homes Inc)

TENANT PARKING. Subject Landlord shall provide and Tenant shall rent from Landlord two hundred twenty-five (225) parking spaces in the parking facilities serving the Office Component (the “Parking Facilities”), based on a ratio of three (3) parking spaces per one thousand (1,000) square feet of the Demised Premises. Of such parking spaces, twenty-five percent (25%) of such spaces, or 56 parking spaces, shall be located in the “Standard” parking area in the adjacent, free standing parking deck as shown on Exhibit E (the “Standard Spaces”) and the remaining seventy-five percent (75%) of such spaces, or 169 spaces, shall be located in the “Premier” parking area inside the main structure, as shown on Exhibit E (the “Premier Spaces”). All parking spaces provided to Tenant shall be unreserved and are to be used by Tenant, its employees and invitees in common with the terms other tenants of this Article 28, the Office Component and their employees and invitees. Tenant shall have access to the Parking Facilities twenty-four (24) hours per day, seven (7) days per week. Landlord reserves the right to rent build improvements upon, reconfigure, and/or make alterations or additions to all or any of the parking facilities of the Project at any time, so long as the number of spaces available to Tenant is not reduced. In the event that the square footage of the Demised Premises is increased during the Term, Tenant's parking allotment shall also increase in accordance with the parking ratio outlined herein. During the period from Landlordthe Commencement Date through the date that any tenant of the Project takes occupancy of either the 20,000 Expansion Space or the 40,000 Expansion Space, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth as applicable (as such terms are defined in Section 9 8 of the Summary (of which up to five (5) may be converted to reserved parking passesExhibit H attached hereto), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent from Landlord the unreserved parking passes spaces which would be allocated thereto, at a rate ratio of One Hundred Fifty and 00/100 Dollars three ($150.003) parking spaces per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee 1,000 square feet of the Tenant’s interest in this Lease20,000 Expansion Space and the 40,000 Expansion Space, as applicable, at the same rates and at the same ratio of Premier Spaces to Standard Spaces, and on all other terms applicable to parking spaces, as set forth herein. In additionTenant shall have the option to rent any or all of such spaces, provide that upon agreeing to rent any such space, Tenant shall be responsible for the full amount obligated to continue to rent such space until Tenant is obligated to cease use of any taxes imposed by any governmental authority in connection with the renting such space. Tenant shall cease use of all such parking passes by Tenant spaces which would be allocated to the 20,000 Expansion Space or the use 40,000 Expansion Space, as applicable, as of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all date a tenant takes occupancy of the unreserved parking passes at any time during 20,000 Expansion Space, and the Lease Term40,000 Expansion space, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease as applicable. The Parking Facilities shall be subject designed to availability (as determined by Landlord in its reasonable discretion); allow Tenant's employees or guests to be issued parking entry passes which do not distinguish Premier Space parking from Standard Space parking, and provided, further, that in no event shall Tenant be entitled allow such parties to rent more than enter into the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So Premier Parking area so long as the same do Tenant's allotment of Premier Spaces is not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesthen fully occupied.

Appears in 1 contract

Samples: Office Lease Agreement (Athenahealth Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 10 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facilityfacilities located on the east side of the Building only Tenant’s use of the foregoing unreserved parking passes shall be free of charge during the Lease Term (inclusive of any Option Term). In lieu of an equal number of unreserved parking passes, Tenant shall have the right to rent passes for up to six (6) reserved parking spaces in the Project parking facility on ‘a monthly basis (the “Reserved Parking Right”), provided that the Reserved Parking Right must be exercised by Tenant, if at all, pursuant to a written notice to Landlord expressing Tenants’ desire to exercise said Reserved Parking Right. The location of the reserved parking spaces shall be determined by Landlord in Landlord’s sole and absolute discretion, subject to availability. Tenant shall pay to Landlord for automobile the reserved parking passes spaces on a monthly basis at the prevailing rate charged by Landlord from time to time at the location of such reserved parking passes; provided, however, during spaces. Notwithstanding the first year of foregoing or any provision to the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest contrary set forth in this Lease. In additionArticle 28, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such all of the aforementioned parking passes (and if applicable, reserved parking spaces) by Tenant or the use of the aforementioned parking facility facilities by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility facilities where the parking passes are located, including any sticker or other identification system established by Landlord and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility facilities at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility facilities for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor Visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord will be free of charge for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesentire initial Lease Term.

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

TENANT PARKING. Subject to the terms of this Article 2828 and Landlord’s obligations under the Development Agreement, Tenant shall have the right obligation to rent from Landlord, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 10 of the Summary Summary. In addition, Tenant shall have the right, but not the obligation, to lease an additional one-half (0.5) unreserved parking pass for every 1,000 rentable square feet of which up to five (5) may be converted to reserved parking passes)the Premises, on a monthly basis throughout upon the Lease Term, which parking passes shall pertain to terms and conditions and at the Property parking facilityrates provided in Article 28 hereof. Tenant shall pay to Landlord for automobile parking passes on a monthly basis at the prevailing rate charged from time to time at rates provided herein based on the location of such parking passes; provided, however, during the first year Lease Year of the Lease Term following the Rent Commencement Date onlyTerm, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Two Hundred Fifty Ten and 00/100 Dollars ($150.00210.00) per unreserved parking pass per month and Three Hundred Twenty and 00/100 Dollars ($320.00) per reserved parking pass per month; and provided, provided further, that thereaftercommencing on the first anniversary of the Lease Commencement Date and on each anniversary of the Lease Commencement Date throughout the Lease Term (as the same may be extended), the prevailing rate charged such rates shall increase by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Midthree and one-Market/Civic Center Areahalf percent (3.5%) per annum, calculated on a cumulative and compounded basis. The foregoing parking rates passes may only be utilized by Tenant, its Permitted Transferee Assignees or Affiliates and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in Default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily (for not more than three [3] days unless due to force majeure) close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such development at the Project, construction, alteration or improvements; provided, however, that Landlord will use reasonable efforts to provide Tenant with reasonable advance notice of any such anticipated temporary close-off or restriction in access to the parking facility; provided, however, that Landlord shall not relocate Tenant’s reserved parking spaces. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds shall cause the parking areas to be staffed in a parking valet, Tenant shall have the right to use such valet’s services at the rate established manner reasonably determined by Landlord for efficient and effective parking operations at the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesProject.

Appears in 1 contract

Samples: Office Lease (FIGS, Inc.)

TENANT PARKING. Subject Tenant shall be entitled to use commencing on the Lease Commencement Date, up to the terms amount of this Article 28unreserved parking passes (“Unreserved Parking Passes”) set forth in Section 9 of the Summary, all of which Unreserved Parking Passes shall pertain to the Project parking facility. In lieu of an equal number of Unreserved Parking Passes, Tenant shall have the right to rent from passes for up to five (5) Executive Level Parking Passes throughout the remainder of the Lease Term (the "Executive Level Parking Right"); provided that the Executive Level Parking Right must be exercised by Tenant (i) during the first twelve (12) months of the Lease Term, and (ii) pursuant to a written notice to Landlord. Tenant may change the number of Unreserved Parking Passes rented pursuant to this Article 28 upon at least thirty (30) days prior written notice to Landlord, commencing on the Rent Commencement Date, provided that in no event shall Tenant be entitled to rent more than the amount of unreserved parking passes Unreserved Parking Passes set forth in Section 9 of the Summary Summary. In addition, subject to availability (of which up to five (5) as solely determined by Landlord), Tenant may be converted to reserved parking passes)rent, on a monthly basis throughout the Lease Termmonth-to-month basis, which additional parking passes shall pertain to for unreserved parking spaces in the Property Project parking facilityfacility (“Monthly Unreserved Passes”). Tenant shall pay to Landlord (or its designee) for automobile all parking passes it uses from time to time on a monthly basis at the prevailing rate charged from time to time at the location of such parking passes; provided, however, the parking rate during the first year of the Lease Term following the Rent Commencement Date only, Tenant Year shall be entitled to rent (A) $150.00 per month per Unreserved Parking Passes, and (B) $265.00 per month per Executive Level Parking Pass. Thereafter the unreserved parking passes monthly rate for any such Unreserved Parking Passes and Executive Level Parking Passes shall be at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord from time to time at the location of such parking passes. The monthly rate for all Monthly Unreserved Passes shall be subject to market at the prevailing rate increases consistent with the parking rates being charged by landlords Landlord from time to time at the location of Comparable Buildings such parking passes. In addition to any fees that may 692500.09/WLA371593-00023/6-13-12/ao/ao -00- XXX XXXXXX[Xxxxxx Realty, L.P.][Concur Technologies, Inc.] be charged to Tenant in connection with its parking of automobiles in the Mid-Market/Civic Center Area. The foregoing Project parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionfacility, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease beyond applicable notice and cure periods. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Concur Technologies Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled but not obligated to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, commencing on the Lease Commencement Date, the amount of unreserved parking passes (and, if elected, up to the number of Reserved Passes) set forth in Section 10 of the Summary (collectively, “Tenant’s Parking Passes”), which parking passes shall pertain to the Property Project’s parking facilitystructure. All of Tenant’s Parking Passes (including, without limitation, the Reserved Passes if applicable), shall be provided within the Project parking facility on a monthly basis, and Tenant shall have the right to increase or decrease the number of any Reserved Passes which Tenant elects to rent, up to the maximum number of such passes set forth in Section 10 of the Summary, upon at least thirty (30) days’ prior written notice to Landlord. Tenant shall pay Landlord (or its designee) for the parking passes it elects to rent on a monthly basis at the following monthly parking rates during the initial Lease Term: (i) $75.00 for unreserved parking passes and (ii) $150.00 for Reserved Passes. Following the initial Lease Term, Tenant shall pay to Landlord (or its designee) for automobile the parking passes Tenant elects to rent on a monthly basis at the prevailing rate charged by Landlord from time to time at the location of such parking passes; provided, however, during the first year . In addition to any fees that may be charged to Tenant in connection with its parking of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings automobiles in the Mid-Market/Civic Center Area. The foregoing Project parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionstructure, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and or any Project Association, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Rockley Photonics Holdings LTD)

TENANT PARKING. Subject Landlord warrants that the Existing Tenant Parking Area is suitable for the parking of two hundred nineteen (219) automobiles. Landlord shall, on or before September 30, 2000, (a) perform such work, including paving, as shall be necessary to make the New Tenant Parking Area suitable for use for the parking of motor vehicles and capable of allowing one hundred sixty-seven (167) automobiles and thirty-two (32) delivery vans to be parked therein, and (b) restripe the Existing Tenant Parking Area so as to designate two hundred nineteen (219) automobile parking spaces therein. After completion of construction of the New Tenant Parking Area, Tenant shall reimburse Landlord for that portion of Landlord's cost of constructing the New Tenant Parking Area as is attributable to the terms construction of this Article 28parking capacity for Tenant's delivery vans as shown on a statement delivered to tenant by Landlord; provided, however, that Tenant shall in no event be required to pay more than Seventy-Five Thousand Dollars ($75,000.00) to Landlord. Tenant's payment hereunder shall be due within ten (10) days after delivery by Landlord of said statement. In the event that Landlord fails to complete the work necessary to make the New Tenant Parking Area suitable for parking as aforesaid by September 30, 2000, the Base Rent payable by Tenant shall be reduced by fifty percent (50%) until such time as said work has been completed. Landlord shall have the right to rent from Landlord, commencing relocate the Tenant Parking Area to another location on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority Site in connection with the renting of such parking passes by Tenant or the use further development of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to LandlordSite; provided that notwithstanding any contrary provision the relocated Tenant Parking Area shall accommodate the parking of this Lease, if Tenant elects to rent less than all of at least three hundred eighty-six (386) motor vehicles and shall not be located materially farther from the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more Leased Premises than the amount and type of parking passes allocated to Tenant Parking Area as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.shown on Exhibit A.

Appears in 1 contract

Samples: Lease (Streamline Com Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled to rent from Landlordutilize, without additional charge, and on a non-exclusive basis, commencing on the Rent Lease Commencement Date, the amount of unreserved and unassigned parking passes spaces set forth in Section SECTION 9 of the Summary. Tenant covenants that it shall cooperate with Landlord to ensure that Tenant's agents, servants, employees, officers, partners, representatives, visitors and contractors (collectively, "TENANT'S PARKERS") do not exceed the parking allocation to Tenant set forth in SECTION 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent comply with the parking rates being charged by landlords of Comparable Buildings in the Midreasonable non-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all discriminatory rules and regulations which are reasonably prescribed from time to time by Landlord for the orderly operation and use of the parking facility areas where the parking passes spaces are located, including any sticker or other identification system established by Landlord and Tenant’s 's cooperation in seeing that Tenant’s employees and visitors 's Parkers also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change make reasonable changes to the size, configuration, design, layout and all other aspects of the Property Project parking facility areas and improvements at any time upon thirty (30) days' prior written notice to Tenant and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to portions of the Property Project parking facility areas for purposes of permitting or facilitating any such construction, alteration or improvements; provided, however, that Landlord will undertake reasonable efforts to minimize the number of parking spaces affected by and the duration of any such temporary restrictions on use of the parking areas, and Landlord's exercise of the foregoing right shall not materially, adversely interfere with either Tenant's use of, occupancy of, or access to the Premises or the Common Areas. In no event shall the number of parking spaces at the Project be permanently reduced below the greater of: 1,423 or any minimum parking ratio required under Applicable Laws. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of parking area control attributed hereby to the Landlord. The parking passes rented by spaces available to Tenant pursuant to this Article ARTICLE 28 are provided to Tenant solely for use by Tenant’s own personnel the Tenant Parkers and such passes spaces may not be transferred, assigned, subleased or otherwise alienated by Tenant, except on a pro-rata basis in connection with a Transfer an assignment or subletting of the Premises pursuant to Article 14 permitted or approved in accordance with the TCCs of this Lease, without Landlord’s prior approvalARTICLE 14. Tenant may validate visitor shall not utilize any of the Project parking areas for the overnight storage of vehicles owned by Tenant or its employees, agents or contractors. Notwithstanding anything to the contrary in this Lease contained, unless Landlord and Tenant otherwise agree: (i) Tenant shall not be responsible for the cost of constructing additional parking unless Tenant elects to utilize such method or methods as the Landlord may establishparking, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds and (ii) if a parking valetstructure is built within the area shown as "PREFERRED PARKING AREA" on EXHIBIT B, Tenant shall have non-exclusive use of at least the number of parking spaces that are displaced by the construction of said parking structure, within said parking structure, or in another location as close to Building 3 as the lost parking, without additional charge. 61 Eleven (11) parking spaces within the area at the front of Building 3 shown as the "RESTRICTED PARKING AREA" on EXHIBIT B, shall be designated as reserved for visitor and handicapped for Tenant (and shall be included in the number of spaces referred to in SECTION 9 of the Summary). Landlord reserves the right to use such valet’s services at reconfigure the rate established by Landlord for Restricted Parking Area to increase the Building. In addition, if Landlord expands number of parking spaces in the parking area, Tenant shall have Restricted Parking Area in conformance with the right to its proportionate share of such additional spaces.plan attached hereto as EXHIBIT M.

Appears in 1 contract

Samples: Office Lease (Cytyc Corp)

TENANT PARKING. Subject Tenant and the Tenant’s parties (including Tenant’s visitors) shall be entitled to the terms of this Article 28utilize, Tenant shall have the right to rent from Landlordwithout charge, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes spaces set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term and any Option Term, which parking passes spaces shall pertain to the Property Project parking facilityareas. Each parking pass shall be for a single, non-tandem pass. Included in such allotment of parking spaces provided in the Summary shall be the number of handicapped parking spaces required by Applicable Law. The location of Tenant’s reserved parking spaces shall be as set forth on Exhibit A-2, attached hereto. Tenant shall pay cooperate with Landlord to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time attempt to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, require that Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent Parties comply with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees Rules and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations Regulations which are reasonably prescribed from time to time by Landlord for the orderly operation and use of the parking facility areas where the parking passes spaces are located, including any sticker or other identification system established by Landlord and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility areas and improvements (provided that Tenant’s parking rights are not reduced as a result thereof and as long as Tenant’s obligations are not materially or unreasonably increased as a result thereof and such change(s) do not materially adversely affect Tenant’s use or occupancy of the Premises or create a security risk for Tenant or its employees) at any time upon thirty (30) days’ prior written notice and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility areas only for purposes of permitting or facilitating any such construction, alteration or improvements, not to exceed, without Tenant’s reasonable approval, ten (10) business days in any calendar year. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by spaces provided to Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel personnel, visitors and Tenant’s occupants and such passes spaces may not be transferred, assigned, subleased or otherwise alienated by Tenant, except on a pro-rata basis in connection with a Transfer an assignment or subletting of the Premises pursuant to permitted or approved in accordance with the TCCs of Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces14.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have purchase throughout the right to rent from Landlord, commencing on Lease Term the Rent Commencement Date, the amount number of unreserved parking passes set forth in Section 9 12 of the Summary (Summary, located in those portions of which up to five (5) the Parking Facilities as may be converted designated by Landlord from time to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facilitytime. Tenant shall pay to Landlord for automobile the use of such parking passes passes, on a monthly basis basis, the prevailing rate charged from time to time at by Landlord or Landlord’s parking operator for parking passes in the location of Parking Facilities where such parking passes; providedpasses are located, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars (which rates are currently $150.00) 130.00 per unreserved parking pass per month, and $200.00 per reserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged Tenant’s allotted parking passes shall be free of charge by Landlord during the initial Lease Term. Of Tenant’s allotted parking passes, ten (10) parking passes shall be subject to market rate increases consistent with the reserved passes and one (1) parking rates being charged by landlords pass shall be a reserved EV station parking pass capable of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenantcharging an electric car (provided, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionhowever, Tenant shall pay for all electrical usage consumption costs incurred when using the EV charging station). Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such allotted up to an additional fifty-nine (59) unreserved parking passes by in excess of Tenant’s allotted parking until such date that the Building is fifty percent (50%) occupied, at which time Tenant’s right Lease such additional fifty-nine (59) parking passes will expire. Tenant or shall pay to Landlord for the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the additional unreserved parking passes specified in the immediately preceding sentence at any time during the Lease Term, then Tenant’s right to again increase the number a rate of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term$110.00 per pass. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are reasonably 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 Parking Facilities and upon Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s In addition, Landlord may assign any parking rights, spaces and/or make all or a portion of such spaces reserved or institute an attendant-assisted tandem parking program and/or valet parking program if Landlord determines in its reasonable discretion that such is necessary or desirable for orderly and efficient parking. Landlord specifically reserves the right right, from time to time, to change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility at any time Parking Facilities, and Tenant acknowledges and agrees that Landlord Landlord, from time to time, may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, Lease temporarily close-off or restrict access to the Property Parking Facilities, or temporarily relocate Tenant’s parking facility spaces to other parking structures and/or surface parking areas within a reasonable distance from the Parking Facilities, for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located on the Real Property. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to Landlord. The parking rates charged by Landlord for Tenant’s parking passes shall be exclusive of any parking tax or other charges imposed by governmental authorities in connection with the use of such parking, which taxes and/or charges 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 (30) days after Tenant’s receipt of the invoice from Landlord. The parking passes rented by provided to Tenant pursuant to this Article 28 23 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated (except to a Permitted Transferee) by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant which shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesnot be unreasonably withheld.

Appears in 1 contract

Samples: Office Lease (Xactly Corp)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing at any time on or after the Rent Lease Commencement Date, the amount of up to two (2) unreserved parking passes set forth in Section 9 of the Summary (of which and up to five one (51) may be converted to reserved parking passes)pass in the Project parking facility, on a monthly basis throughout the Lease Term, which . Tenant may change the number of unreserved and reserved parking passes rented by Tenant upon at least thirty (30) days prior written notice to Landlord, provided that (i) in no event shall pertain Tenant be entitled to rent more than two (2) unreserved parking passes or more than one (1) reserved parking pass, and (ii) if at any time during the Property Lease Term Tenant elects to discontinue its lease of one or more of the parking facilitypasses to which Tenant then rents pursuant to this Article 28, then Tenant shall thereafter only have the right to rent such released parking passes as available (as determined by Landlord). Tenant shall pay to Landlord for such automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease beyond any applicable notice and cure period provided in this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the location, size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Salon Media Group Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing Commencing on the Rent Lease Commencement Date, the amount Landlord shall provide and Tenant shall rent a minimum of unreserved eighty (80) parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout for the entire Lease Term, which for parking in the Project parking facility, with up to a maximum of nine (9) of such passes being for reserved parking in the parking facility. Subject to availability in the parking facility (taking into account the parking pass rights of all tenants of the Project and Landlord's on-going leasing and parking programs), Tenant may rent additional parking passes, on a month-to-month basis, for unreserved parking in the Project parking facility. Tenant shall provide Landlord with at least thirty (30) days' prior written notice of the number of reserved parking passes (subject to the limitation above) and/or additional parking passes, if any, that Tenant desires to rent, and subject to availability as set forth above, Landlord will rent such additional parking passes to Tenant, provided that at any time Landlord may notify Tenant that all or a portion of such additional parking passes are no longer available for Tenant's use. At least ten (10) days prior to the Lease Commencement Date, Tenant shall give Landlord written notice of the exact number of parking passes, within the parameters set forth above, that Tenant elects to rent as of the Lease Commencement Date. All parking passes shall pertain to the Property be rented at Landlord's then prevailing rate for such parking facilitypasses, plus City of Santa Xxxxxx Parking Tax. Landlord's parking rates (including City Parking Tax) for parking passes are currently $146.00 per month for unreserved parking, and $199.50 per month for reserved parking. Tenant shall pay to Landlord for such automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved for parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center AreaProject. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at At any time during the Lease Term, then Tenant’s Landlord shall have the right to again increase convert up to 80% of the number of parking passes that it elects for non-reserved parking rented by Tenant to rent under this Lease passes to be used in valet-assisted tandem parking spaces. Landlord shall be subject have the right at any time and from time to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary time during the Lease TermTerm to use valet assisted parking in all or part of the parking areas. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the Project parking facility where the parking passes are located, including any sticker or other identification system established by Landlord and upon Tenant’s 's cooperation in seeing using commercially reasonable efforts to ensure that Tenant’s 's employees and visitors also comply with such reasonable rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and time, provided that such changes shall not materially adversely affect the parking rights of Tenant. 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 Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. Subject to reasonable rules and regulations for the Building parking facility, including, without limitation, rules and regulations for the purpose of increased security, implemented by Landlord or Landlord's parking operator, Tenant's clients and visitors may park in the Building subterranean parking facility at any time, twenty-four hours per day; provided, however, that after 10:00 P.M. each day, the parking attendants are no longer available and visitors and clients must possess a validation to exit the parking facility. Tenant may from time to time purchase parking validation booklets at Landlord's prevailing Building rate for validation booklets. Tenant shall surrender any unused validation booklets (or portions thereof) upon the Lease termination. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel personnel, and except in connection with a Permitted Transfer under this Lease such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Specialty Laboratories Inc

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, use the amount of unreserved reserved and/or tandem/reserved parking passes spaces ("Parking Spaces") set forth in Section 9 12 of the Summary to park in the Parking Area. The location of Tenant's parking spaces shall be as set forth on Exhibit A, attached hereto. Subject to availability (of which as determined by Landlord in Landlord's reasonable discretion), following request by Tenant, Landlord shall provide up to five a total of four (54) may additional parking spaces at the Project (the "Additional Spaces"). The Additional Spaces shall be converted to reserved parking passes), rented by Tenant on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facilitymonth-to-month basis. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year As of the Lease Term following Commencement Date, Tenant shall not be charged for the Rent Commencement Date onlyuse of the Parking Spaces (but, as set forth below, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be for Additional Spaces utilized by Tenant). Notwithstanding the foregoing, (i) Landlord may, at its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 sole option upon not less than thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this LeaseTenant, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase charge Tenant for the number use of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and providedthe Parking Spaces, further, provided that in no event shall Tenant be entitled to rent more than the amount charged by Landlord for the Parking Spaces exceed that amount charged by landlords of buildings comparable to and type of parking passes allocated to Tenant as set forth in Section 9 the vicinity of the Summary Project, and (ii) Tenant shall pay to Landlord, at all times during which Tenant shall rent Additional Spaces, the Lease Termstandard rate established by Landlord with respect to the Additional Spaces. Tenant’s 's continued right to use the parking passes Parking Spaces is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 Parking Area and upon Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility at any time Parking Area and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Parking Area, or relocate Tenant's Parking Spaces to other parking facility structures and/or surface parking areas within a reasonable distance of the Premises, for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements with respect to the Parking Area or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located on the Project. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel Landlord and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesowner.

Appears in 1 contract

Samples: Place Lease (Mossimo Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have rent throughout the right to rent from Landlord, commencing on Lease Term the Rent Commencement Date, the amount number of unreserved parking passes set forth in Section 9 11 of the Summary (Summary, located in those portions of which up to five (5) the Parking Facilities as may be converted designated by Landlord from time to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facilitytime. Tenant shall pay to Landlord for automobile the use of such parking passes passes, on a monthly basis basis, the prevailing rate charged from time to time at by Landlord or Landlord’s parking operator for parking passes in the location of Parking Facilities where such parking passes; providedpasses are located, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars (which rates are currently $150.00) 120.00 per unreserved parking pass per month; , and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the $190.00 per reserved parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Termpass per month. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 Parking Facilities and upon Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s In addition, Landlord may assign any parking rights, spaces and/or make all or a portion of such spaces reserved or institute an attendant-assisted tandem parking program and/or valet parking program if Landlord determines in its sole discretion that such is necessary or desirable for orderly and efficient parking. Landlord specifically reserves the right right, from time to time, to change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility at any time Parking Facilities, and Tenant acknowledges and agrees that Landlord Landlord, from time to time, may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, Lease temporarily close-off or restrict access to the Property Parking Facilities, or temporarily relocate Tenant’s parking facility spaces to other parking structures and/or surface parking areas within a reasonable distance from the Parking Facilities, for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located on the Real Property. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to Landlord. The parking rates charged by Landlord for Tenant’s parking passes shall be exclusive of any parking tax or other charges imposed by governmental authorities in connection with the use of such parking, which taxes and/or charges 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 (10) days after Tenant’s receipt of the invoice from Landlord. The parking passes rented by provided to Tenant pursuant to this Article 28 23 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (PDF Solutions Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. Tenant may change the number of unreserved parking passes rented pursuant to this Article 28 upon at least thirty (30) days prior written notice to Landlord, provided that in no event shall Tenant be entitled to rent more than the number of unreserved parking passes set forth in Section 9 of the Summary. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the Project’s parking facilities), Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s use of the Project parking rightsfacility shall be at Tenant’s sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant’s, its employees’ and/or visitors’ use of the parking facilities. Tenant’s rights hereunder are subject to the terms of any Underlying Documents. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (BrightSource Energy Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlordlease, commencing on the Rent Lease Commencement Date, the amount number of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to that portion or structure of the Property Project parking facilityfacility designated for Tenant's parking by Landlord. Tenant shall pay to Landlord or, at Landlord's option, "Landlord's Designee" (as that term is defined in this Article 18 below), for such automobile parking passes passes, on a monthly basis basis, the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved for parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with in the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, facility or transferee of the Tenant’s interest in this Leasefacilities. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules Rules and regulations Regulations which are reasonably 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 facilities and upon Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules Rules and regulationsRegulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right right, at any time, to (i) change the size, configuration, design, layout and all other aspects of the Property parking facility at any time or facilities, and/or (ii) perform repairs to the parking facility or facilities, and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility or facilities for purposes of permitting or facilitating any such construction, alteration alteration, improvements or improvementsrepairs. Landlord may lease the parking areas, enter into a license agreement or otherwise delegate its responsibilities hereunder under this Article 18 to a parking operator ("LANDLORD'S DESIGNEE") in which case such parking operator Landlord's Designee shall have all the rights of control attributed hereby under this Article 18 to the Landlord. The parking passes rented leased by Tenant pursuant to this Article 28 18 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Capstone Turbine Corp)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right right, but not the obligation, to rent from Landlord, commencing on throughout the Rent Commencement Date, Lease Term the amount number of unreserved parking passes set forth in Section 9 11 of the Summary Summary, located in those portions of the Parking Facilities as may be designated by Landlord from time to time; provided, however, that prior to the Lease Commencement Date, Tenant shall notify Landlord in writing of the number of such parking passes Tenant shall rent, and thereafter Tenant may from time to time increase or decrease the number of such parking passes Tenant shall rent (of which up to five the maximum amount set forth in Section 11 of the Summary) upon thirty (530) may days' advance written notice to Landlord; provided further, however, that any such increase in parking passes that Tenant desires to rent shall be converted subject to reserved the availability of the parking passespasses at the time of Tenant's notice to Landlord (as such availability is determined by Landlord in Landlord's sole and absolute (but good faith) discretion), on a monthly basis throughout . If Tenant fails to deliver its notice specifying the number of parking passes Tenant desires to lease prior to the Lease TermCommencement Date, which then Tenant shall be deemed to have elected to rent all of such parking passes shall pertain to the Property until Tenant delivers a subsequent 30-day advance written notice decreasing such parking facilitypasses as provided hereinabove. Tenant shall pay to Landlord for automobile the use of such parking passes passes, on a monthly basis basis, the prevailing rate charged from time to time at by Landlord or Landlord's parking operator for parking passes in the location of Parking Facilities where such parking passespasses are located; provided, however, that during the first year of the initial Lease Term following only (not including any Option Term, if applicable), the Rent Commencement Date onlycharge for reserved, Tenant covered parking passes shall be entitled to rent the unreserved parking passes fixed at a rate of One Hundred Fifty and 00/100 Dollars ($150.0050.00) per unreserved for each reserved, covered parking pass per month; month and providedthe charge for unreserved, further, that thereafter, the prevailing rate charged by Landlord covered parking passes shall be subject to market rate increases consistent with the fixed at Twenty-Five Dollars ($25.00) for each unreserved, covered parking pass per month (which rates being charged by landlords are exclusive of Comparable Buildings in the Mid-Market/Civic Center Areaany parking tax or other charges described below). The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee As of the Tenant’s interest in this Lease. In additiondate hereof, Tenant shall be responsible there is no charge for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Leaseuncovered, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Termpasses. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 Parking Facilities and upon Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s In addition, Landlord may assign any parking rightsspaces and/or make all or a portion of such spaces reserved or institute an attendant-assisted tandem parking program and/or valet parking program if Landlord determines in its sole discretion that such is necessary or desirable for orderly and efficient parking, Landlord specifically reserves the right right, from time to time, to change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility at any time Parking Facilities, and Tenant acknowledges and agrees that Landlord Landlord, from time to time, may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, Lease temporarily close-off or restrict access to the Property Parking Facilities, or temporarily relocate Tenant's parking facility spaces to other parking structures and/or surface parking areas within a reasonable distance from the Parking Facilities, for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located on the Real Property. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to Landlord, The parking rates charged by Landlord for Tenant's parking passes shall be exclusive of any parking tax or other charges imposed by governmental authorities in connection with the use of such parking, which taxes and/or charges 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 (10) days after Tenant's receipt of the invoice from Landlord. The parking passes rented by provided to Tenant pursuant to this Article 28 23 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.ARTICLE 24

Appears in 1 contract

Samples: Ensign Group, Inc

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlorduse, commencing on the Rent Commencement Date, up to the amount number of unreserved parking passes spaces set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Basic Lease Term, which parking passes shall pertain to the Property parking facilityInformation. Tenant shall pay to Landlord for automobile parking passes spaces on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during rate and upon the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings terms set forth in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this LeaseBasic Lease Information. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes spaces by Tenant or the use of the parking facility Parking Facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes spaces is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are locatedParking Facility, including any sticker or other identification system established by Landlord and Landlord, Tenant’s cooperation in seeing that Tenant’s employees Representatives and visitors Visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility Parking Facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent rent under this Lease, from time to timelime, close-off or restrict access to the Property parking facility Parking Facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes spaces rented by Tenant pursuant to this Article 28 Section 37 are provided to Tenant solely for use by Tenant’s own personnel and such passes spaces may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease Agreement (San Holdings Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right right, but not the obligation, to rent from Landlord, commencing on the Rent Tranche I Commencement Date, a number of parking passes, not to exceed the amount of unreserved parking passes set forth in Section 9 of the Summary (as determined for the entire Premises, which shall be calculated as if the Premises includes all of which up the Tranche I Premises, the Tranche II Premises and the Tranches III Premises irrespective of whether or not the Commencement Date with respect to five (5) may be converted to reserved parking passesthe Tranche I Premises, the Tranche II Premises and the Tranches III Premises has occurred but excluding the rentable square footage of any portion thereof still being leased by other tenants of the Building), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Parking Garage. To the extent Tenant elects to rent any parking facility. passes from Landlord, Tenant shall pay to Landlord for automobile parking passes on a monthly basis the at Landlord’s prevailing rate which shall not exceed the fair market rate being charged from time to time at in Comparable Buildings, or in comparable parking garages or facilities in the location of such parking passes; provided, however, during the first year area of the Lease Term following Comparable Buildings. Landlord shall provide visitor parking in the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes Parking Garage for Tenant’s visitors at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the Landlord’s prevailing rate charged by Landlord which shall be subject to not exceed the fair market rate increases consistent with the parking rates being charged by landlords of in Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this LeaseBuildings. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility Parking Garage by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility Parking Garage where the parking passes are located, including any sticker or other identification system established by Landlord and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such reasonable rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility Parking Garage at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property parking facility Parking Garage for purposes of permitting or facilitating any such construction, alteration or improvements; provided that (i) Landlord shall use commercially reasonable efforts (without any obligation to engage overtime labor or commence any litigation) to minimize the extent and duration of any resulting interference with Tenant’s parking rights and (ii) Landlord shall provide reasonable alternative parking for Tenant during the continuation of any work which causes the Parking Garage to close for more than three (3) consecutive business days. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approvalapproval except to an Permitted Transferee or another assignee or subtenant consented to by Landlord in accordance with Article 14 above. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Any election by Tenant to rent any parking passes from Tenant must be made, if at all, by Tenant’s delivery of written notice to Landlord adds a parking valet, Tenant shall have within six (6) months after the right to use such valet’s services at the rate established by Landlord for the BuildingTranche I Commencement Date. In addition, if Tenant may on or before November 15 of each calendar year of the Lease Term, commit to lease, for at least one (1) year, all or a portion of Tenant’s Parking Pass Ratio of parking passes in the Parking Garage commencing on the following January 1 (the “Parking Election Notice”). Thereafter, Landlord expands may lease the parking areapasses in the Parking Garage not committed to by Tenant to anyone Landlord desires for a period not to extend beyond January 1 of the following calendar year. If Tenant does not deliver a Parking Election Notice in any particular year, Tenant shall be deemed to have elected to lease no parking passes for the right to its proportionate share of such additional spacesfollowing year.

Appears in 1 contract

Samples: Service Agreement (Twilio Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right right, but not the obligation to rent from Landlord, commencing on the Rent Commencement Date, the amount of up to one hundred one (101) unreserved parking passes set forth spaces in Section 9 of the Summary (of which up to five (5) may be converted to reserved Building's parking passes)facility, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes spaces in Landlord's parking facility on a monthly basis the prevailing rate charged from time to time by Landlord at the location of Project management offices, which prevailing rate shall in no event exceed the prevailing market rate for such parking passes; provided, however, during in comparable buildings in the first year vicinity of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center AreaPremises. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes spaces by Tenant or the use of the parking facility facilities by Tenant Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes spaces is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are locatedfacilities, including any sticker or other identification system established by Landlord and system, Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease beyond any applicable notice and cure period. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property parking facility at any time and Tenant time, including causing all parking to be valet parked. Notwithstanding the above, Landlord shall use its commercially reasonable efforts to carry out any changes to the parking facility so as not to materially impair Tenant's use of or access to the parking facility. Xxxxxx further 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 Property parking facility for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements provided Landlord provides Tenant with substitute parking during any such period that the parking spaces are not available to Tenant. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes spaces rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s Xxxxxx's own personnel and such passes spaces may not be transferred, assigned, subleased or otherwise alienated by Tenant, Tenant without Xxxxxxxx's prior approval (except in connection with a Transfer an assignment of the Premises pursuant Lease or sublease of the Premises). So long as this Lease is in effect, Tenant's visitors and guests shall be entitled to Article 14 of this Lease, without Landlord’s prior approvaluse those specific parking areas which are designated for short-term visitor parking. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (TrueCar, Inc.)

TENANT PARKING. Subject to the terms of this Article 28Section 29.18, commencing on the Phase I Lease Commencement Date and during the Lease Term, Tenant shall have the right to rent from Landlord, commencing on Landlord the Rent Commencement Date, the amount number of unreserved parking passes set forth in Section 9 5 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term[535 Mission Street] Summary, which parking passes shall pertain to the Property Project parking facility. Tenant shall pay to the parking facility operator (if any) or, at Landlord’s option, directly to Landlord for automobile such parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 Section 29.18 upon thirty (30) days days’ prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes allotted to Tenant at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 5 of the Summary during the Lease Term. Tenant shall supply Landlord with an identification roster listing, for each parking pass, the name of the employee and the make, color and registration number of the vehicle to which such parking pass has been assigned, and shall provide a revised roster to Landlord monthly indicating changes thereto. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 Section 29.18 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by TenantTenant without Landlord’s prior approval, except in connection with a Transfer of the Premises pursuant to the terms of Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Trulia, Inc.)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on use the Rent Commencement Date, parking area servicing the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), Building on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Midnon-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Termexclusive basis. Tenant’s 's continued right to use the parking passes area is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 area and upon Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the location, size, configuration, design, layout and all other aspects of the Property parking facility area in question, including the discontinuance of any reserved parking spaces, at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility area in question for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may totally or partially delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the delegated by Landlord. The Landlord shall provide Tenant with Twenty-Seven (27) unreserved employee parking passes rented by spaces (of which Tenant pursuant may elect, subject to this Article 28 are availability and upon thirty (30) days prior written notice to Landlord, to convert up to three (3) of such unreserved spaces to reserved employee parking spaces at Landlord's then current rates for such reserved spaces, provided to Tenant solely for use by Tenant’s own personnel and such passes may rates shall not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer exceed $75.00 per reserved space per month during the first five (5) years of the Premises pursuant to Article 14 of initial Lease Term) within the parking area servicing the Building. Provided Tenant is not in default under this Lease, without unreserved employee parking spaces shall be provided at no charge to the Tenant for the first five (5) years of the initial Lease Term. Subject to the terms of this Article 26, Landlord reserves the right to institute at any time during the Term hereof, a controlled parking operation ("Controlled Parking") for the Building and/or any adjoining property of Landlord’s prior approval. Tenant , which may validate visitor include monthly parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parkingcharges. If Landlord adds a parking valetimplements Controlled Parking, Tenant shall have pay the right to use such valet’s services at the rate then current monthly parking charges established by Landlord for unreserved and reserved parking spaces at the Building. In addition, if Landlord expands and Tenant shall be obligated to pay said monthly fees for each of the parking areaspaces granted to Tenant hereunder, whether or not Tenant shall have the right elects to use all of its proportionate share of such additional parking spaces.

Appears in 1 contract

Samples: Office Lease (Mego Financial Corp)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount number and types of unreserved parking passes spaces set forth in Section 9 11 of the Summary (at the rates set forth in Section 11 of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facilitySummary. Tenant shall pay to Landlord for automobile all parking passes on a charges along with Tenant’s monthly basis the prevailing rate charged rent payment. Tenant may from time to time at use all or any part of the location parking rights granted in this Lease and Tenant shall have no obligation to pay for any portion of such parking passes; provided, however, rights Tenant elects not to use during the first year of the Lease Term following the Rent Commencement Date only, any period. Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by give Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding of any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then change in Tenant’s right to again increase the number use of reserved or monthly parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Termspaces. Tenant’s continued right to use the parking passes and rent the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 Building Parking Facility and upon Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility at any time Building Parking Facility and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Building Parking Facility, or relocate Tenant’s parking facility spaces to other parking facilities and/or surface parking areas within a reasonable distance of the Premises, for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements with respect to the Building Parking Facility or to accommodate or facilitate renovation, alteration, construction or other XXXXXXXX XXXXXXXXX [Nara Bank] modification of other improvements or structures located on the Real Property, provided that the number of parking spaces available to Tenant is not decreased at any time, and provided further that after the renovation, Tenant’s parking spaces shall be reasonably comparable to those existing prior to the renovation, including, without limitation, with respect to the distance from the Premises. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel Landlord and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesowner.

Appears in 1 contract

Samples: Office Lease (Nara Bancorp Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled to rent from Landlorduse, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 8 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facilityfacilities, which shall include unreserved surface parking passes for parking in front of the Building only. During the initial Lease Term, Tenant shall not be obligated to pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passesbasis; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant 788288.01/WLA 375755-00007/8-9-18//ejw -40- CXXXXXX HIGHLINE 1000 Xxxxxxx Xxxxxx [Building 2] Roku, Inc. or the use of the parking facility facilities by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are reasonably prescribed in writing and delivered by written notice to Tenant from time to time for the orderly operation and use of the parking facility facilities where the parking passes are located, located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the Project's parking facilities), Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as Tenant's use of the same do not unreasonably interfere Project parking facilities shall be at Tenant's sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant’s 's, its employees' and/or visitors' use of the parking facilities. Tenant's rights hereunder, including reserved parking rights, are subject to the terms of any Underlying Documents, which include, without limitation, certain rights for use of the parking facilities and parking spaces in connection with events at the stadium located adjacent to the Project; provided that Tenant shall not be obligated to move or relocate vehicles in order to accommodate such events at the stadium. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility facilities at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility facilities for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented used by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Lease Commencement Date, up to the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. Tenant may change the number of unreserved parking passes rented pursuant to this Article 28 upon at least thirty (30) days prior written notice to Landlord, provided that in no event shall Tenant be entitled to rent more than the amount of unreserved parking passes set forth in Section 9 of the Summary. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease beyond any applicable cure period CHINA BASIN LANDING set forth herein. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the location, size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements or cease providing the parking passes if space is no longer available. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by TenantTxxxxx’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without LandlordLxxxxxxx’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (LoopNet, Inc.)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled to rent from Landlord, use commencing on the Rent Lease Commencement Date, (i) the amount of unreserved parking passes set forth in Section 9 of the Summary, and (ii) up tothe amount of reserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passespasses shall be deducted from the otherwise available unreserved parking passes in item (i) hereinabove), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facilityfacilities, of which Tenant shall be entitled to Tenant's pro rata share of parking in the surface area and in the covered parking structure. Tenant, from time to time during the Lease Term, and upon not less than thirty (30) days' prior notice to Landlord, shall have the right to increase or decrease the number of reserved parking passes Tenant rents on a monthly basis from Landlord, provided that Tenant may in no event rent more than the maximum amount of reserved parking passes set forth in Section 9 of the Summary. Tenant shall pay to Landlord (or its designee) for automobile the reserved and unreserved parking passes on a monthly basis at the prevailing rate charged from time to time at the location of such parking passes; provided, however, during (a) the first year of the Lease Term following the Rent Commencement Date only, Tenant monthly rate for Tenant's reserved parking passes shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per reserved parking pass throughout the initial Lease Term only, and (b) Tenant's unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord passes shall be subject to market rate increases consistent without charge for the initial Lease Term only (excepting only any parking taxes or other charges imposed by governmental authorities in connection with the use of such parking rates being as more particularly contemplated below). In addition to any fees that may be charged by landlords to Tenant in connection with its parking of Comparable Buildings automobiles in the Mid-Market/Civic Center Area. The foregoing Project parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionfacilities, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are reasonably 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 and Landlord, Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements; provided that, for any interruption in use of Tenant’s parking spaces reasonably expected to exceed fifteen (15) business days, Landlord shall use commercially reasonable efforts to provide reasonable replacement parking. Landlord may, at any time, institute valet assisted parking, tandem parking stalls, "stack" parking, or other parking program within the Project parking facility, the cost of which shall be included in Operating Expenses. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Retrophin, Inc.)

TENANT PARKING. Subject to availability, at Tenant’s option, Tenant may rent, on a month-to-month basis, non-transferable (except as set forth below) parking passes for unreserved parking spaces in the terms of this Article 28Project parking facility; provided, however, from and after the date that Landlord delivers the Must Take Space to Tenant, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 Landlord all of the Summary parking spaces (of which excluding any that Landlord elects to reserve for itself, up to five a maximum of five(5) spaces which Landlord can reserve for itself) in the “helix” portion of the parking facility (5approximately 120 space except during times of construction) may be converted to reserved parking passes(the “Required Spaces”), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during (i) the first year of current parking charge at the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars (Project is $150.00) 250.00 per unreserved parking pass per month; month and provided, further, that thereafter, the prevailing rate charged shall not be increased by Landlord prior to the third (3rd) anniversary of the Lease Commencement Date, and (ii) the parking charge for the Required Spaces shall be subject $250.00 per Required Space per month and shall not be increased by Landlord prior to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee third (3rd) anniversary of the date that Landlord delivers the Must Take Space to Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the Project’s parking facilities), Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as Tenant’s use of the same do not unreasonably interfere Project parking facility shall be at Tenant’s sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant’s, its employees’ and/or visitors’ use of the parking facilities. Tenant’s rights hereunder are subject to the terms of any Underlying Documents. Tenant’s parking rightsprivileges in the Building parking facility shall be subject to whatever parking methods are then being used in the Building parking facility (e.g., self-parking, valet parking, stack parking, etc.). Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease (except as specifically set forth in Section 19.5.2 of this Lease), from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval, which will not be withheld in connection with the transfer of a pro-rata portion (based on the number of rentable square feet transferred) in connection with a sublease or assignment carried out pursuant to the provisions of this Lease and (where required) consented to by Landlord. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Airbnb, Inc.)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right be entitled to rent from Landlordutilize without charge, and Landlord hereby covenants to provide, commencing on the Rent Lease Commencement DateDate and continuing throughout the initial Lease Term and any renewal or extension thereof, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermSummary, which parking passes shall pertain to the Property Project parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis Notwithstanding the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionforegoing, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding abide by all rules and regulations of which Tenant has been given notice which are reasonably 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 Landlord, and Tenant’s cooperation in seeing that Tenant shall use commercially reasonable efforts to cause Tenant’s employees and visitors also to comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements; provided that Landlord shall provide Tenant with reasonable substitute parking in such event, to the extent reasonably necessary. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by provided to Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel personnel, employees, agents, contractors, and invitees, and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet; provided, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In additionhowever, if Landlord expands elects, in Landlord’s sole and absolute discretion, to institute a validation system in the Project’s parking areafacility, then Tenant shall have the right be entitled to receive from Landlord or any parking operator, at no additional charge, an appropriate number of parking validations for its proportionate share of such additional spacesvisitors on an hourly basis.

Appears in 1 contract

Samples: Sublease Agreement (Mast Therapeutics, Inc.)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have rent throughout the right to rent from Landlord, commencing on Lease Term the Rent Commencement Date, the amount number of unreserved parking passes set forth in Section 9 11 of the Summary (Summary, located in those portions of which up to five (5) the Parking Facilities as may be converted designated by Landlord from time to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facilitytime. Tenant shall pay to Landlord for automobile the use of such parking passes passes, on a monthly basis basis, the prevailing rate charged from time to time at by Landlord or Landlord’s parking operator for parking passes in the location of Parking Facilities where such parking passes; provided, however, during passes are located. Notwithstanding the first year of foregoing to the Lease Term following the Rent Commencement Date onlycontrary, Tenant shall not be entitled required to rent pay any parking charges for the unreserved use of Tenant’s unreserved, uncovered parking passes at during the initial Lease Term (but Tenant shall be liable for any tax or other charges described below), but during the Option Term (if exercised pursuant to the Extension Option Rider), Tenant shall pay to Landlord for the use of such unreserved, uncovered parking passes, on a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereaftermonthly basis, the prevailing rate charged from time to time by Landlord shall be subject to market rate increases consistent with the or Landlord’s parking rates being charged by landlords of Comparable Buildings operator for unreserved, uncovered parking passes in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by TenantParking Facilities where such unreserved, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such uncovered parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Termare located. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 Parking Facilities and upon Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s In addition, Landlord may assign any parking rights, spaces and/or make all or a portion of such spaces reserved or institute an attendant-assisted tandem parking program and/or valet parking program if Landlord determines in its sole discretion that such is necessary or desirable for orderly and efficient parking. Landlord specifically reserves the right right, from time to time, to change the size, configuration, design, layout layout, location and all other aspects of the Property Parking Facilities (including, but not limited to, the location of Tenant’s parking facility at any time passes), and Tenant acknowledges and agrees that Landlord Landlord, from time to time, may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, Lease temporarily close-off or restrict access to the Property Parking Facilities, or temporarily relocate Tenant’s parking facility spaces to other parking structures and/or surface parking areas within a reasonable distance from the Parking Facilities, for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located on the Real Property. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to Landlord. The parking rates charged by Landlord for Tenant’s parking passes shall be exclusive of any parking tax or other charges imposed by governmental authorities in connection with the use of such parking, which taxes and/or charges 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 (10) days after Tenant’s receipt of the invoice from Landlord. The parking passes rented by provided to Tenant pursuant to this Article 28 23 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval. Tenant may validate Landlord agrees to provide at least ten (10) visitor parking by such method or methods as spaces in the Landlord may establishlocation depicted on Exhibit G, at which visitor parking spaces shall be provided on a non-exclusive basis (vis-a-vis Tenant and the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have other tenants of the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesProject).

Appears in 1 contract

Samples: Extension Option Rider (1st Pacific Bancorp)

TENANT PARKING. Subject Tenant shall, during the Lease Term (including any extensions thereof), be entitled to the terms of this Article 28, Tenant shall have the right to rent from Landlord, use commencing on the Rent Lease Commencement Date, the amount of unreserved and reserved parking passes set forth in Section 9 of the Summary (Summary, all of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facilityfacilities. Tenant shall pay to Landlord for automobile Tenant's unreserved and reserved parking passes on a monthly basis shall be without charge for the prevailing rate charged from time to time at initial Lease Term only (excepting only any parking taxes or other charges imposed by governmental authorities in connection with the location use of such parking passes; provided, however, during the first year [as more particularly contemplated below]). In addition to any fees that may be charged to Tenant in connection with its parking of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings automobiles in the Mid-Market/Civic Center Area. The foregoing Project parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionfacilities, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Affymetrix Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent hereby rents from Landlord, commencing on the Rent Lease Commencement Date, the amount number of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property Project parking facility. Such parking passes shall permit Tenant and its employees to use, on a nonexclusive, as-available basis, together with other tenants and their respective employees, any undesignated, unreserved spaces available in such parking facility from time to time. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at for parking passes in the location of such parking passes; providedProject, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant which shall be entitled to rent $0 per pass per month for the unreserved initial Lease Term. Additional parking passes may be rented by Tenant at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord for such passes, subject to Landlord's determination that such additional passes are available. The parking rates shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount exclusive of any taxes parking tax or other charges imposed by any governmental authority authorities in connection with the renting use of such parking passes parking, which taxes and/or charges shall be paid directly by Tenant or the use parking users, or, if directly imposed against Landlord, Tenant shall reimburse Landlord for all such taxes and/or charges concurrent with its payment of the parking facility by Tenantrates described herein. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s Xxxxxx's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations consistently applied which are reasonably prescribed from time to time for the orderly operation and use of the Project parking facility where the parking passes are located, including any sticker or other identification system established by Landlord and upon Tenant’s 's cooperation in seeing that Tenant’s Xxxxxx's employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s Such rules and regulations shall provide that Tenant shall pay Landlord's then current charge for any replacement of any Tenant parking rightspass card which is lost, stolen, damaged or destroyed. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements (Landlord shall use commercially reasonable efforts not to materially and adversely interfere with Tenant's parking rights). Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s Xxxxxx's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant's invitees and guests may use parking spaces in such parking facility which are not allocated or reserved for Tenant may validate visitor or other occupants or visitors of the Building or Project on a first-come, first-serve basis. The parking by such method passes allocated to Tenant are not for long term (i.e., more than 48 hours) storage of automobiles, or methods as the Landlord may establishfor short or long term storage of boats, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valettrailers, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In additionrecreational vehicles, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesmotorcycles or other vehicles or equipment.

Appears in 1 contract

Samples: Rooftop License Agreement (Kinzan Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlord, commencing on the Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facility. Tenant shall pay to Landlord for automobile parking passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only23, Tenant shall be entitled to rent use up to the unreserved number and type of parking passes spaces set forth in Section 10 of the Summary, which parking spaces are located in the applicable portions of the Parking Area depicted on Exhibit I attached hereto. Tenant shall have the right, at a rate its sole cost and expense, to xxxx (using Project standard paint) as Tenant’s “reserved” parking spaces those twenty-one (21) exclusive parking spaces located immediately adjacent to the front of One Hundred Fifty and 00/100 Dollars the Building designated on Exhibit I attached hereto as “Reserved”. Landlord shall have no enforcement obligations pertaining to the exclusive parking spaces described in Section 10 of the Summary ($150.00) per unreserved for example, Landlord shall not be obligated to prevent other tenants of the Project and/or other visitors from parking pass per monthin such parking spaces nor shall Landlord be obligated to cause to be removed any vehicles belonging to other tenants of the Project and/or other visitors that are parked in such parking spaces); and provided, furtherhowever, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes determines, in its reasonable discretion, at any time during the Lease Term, that other tenants of the Project and/or other third parties are using such exclusive parking spaces, then Tenant shall have the right, upon written notice to Landlord, to require Landlord, at Tenant’s right sole cost and expense, to again increase take reasonable actions (but in no event shall Landlord be required to bring any legal action against any such other tenants and/or third parties) as may be reasonable under the number circumstances in order to preserve the exclusivity of such exclusive parking passes that it elects spaces (e.g., retaining a parking attendant to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretionmonitor the use of such exclusive parking spaces); and providedprovided further, furtherhowever, that in no event shall Tenant Landlord be entitled to rent more than the amount and type of parking passes allocated liable to Tenant as set forth in Section 9 if other tenants of the Summary during Project and/or other third parties use such reserved parking spaces notwithstanding any such action undertaken by Landlord. During the Lease TermTerm (as may be extended), Tenant shall not be obligated to pay parking charges for such parking spaces allotted to Tenant. Tenant’s continued right to use the parking passes Parking Area is conditioned upon (i) Tenant abiding by (A) all reasonable and non-discriminatory rules and regulations which are reasonably prescribed by Landlord (and/or any common area association of the Project having rights over the Parking Areas) from time to time for the orderly operation and use of the parking facility where Parking Area, and (B) all recorded covenants, conditions and restrictions now or hereafter affecting the parking passes are locatedBuilding and/or Project (subject, including any sticker or other identification system established by Landlord however, to the restrictions on future covenants, conditions and restrictions under Section 1.1.3 above), and (ii) Tenant’s commercially reasonable cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulationsregulations and covenants, conditions and restrictions. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right right, from time to time, to change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility at any time Parking Area, and Tenant acknowledges and agrees that Landlord Landlord, from time to time, may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, Lease temporarily close-off or restrict access to the Property Parking Area, or temporarily relocate parking facility to other parking structures and/or surface parking areas within a reasonable distance from the Parking Area, for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located on the Project, but only so long as the same does not result in an Adverse Condition. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by rights of Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes park in the Parking Area may not be transferred, assigned, subleased or otherwise alienated by TenantTenant without Landlord’s prior written approval, except in connection with a Transfer to sublessees of the Premises and/or any assignee of this Lease pursuant to Article 14 of this Lease, without Landlord’s prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesabove.

Appears in 1 contract

Samples: Escrow Agreement (Polycom Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right right, but not the obligation, to rent from Landlorduse, commencing on the Rent Lease Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes), on a monthly basis throughout the Lease TermSummary, which parking passes shall pertain to the Property Project parking facilityfacilities, provided that, subject to the terms hereof, up to twenty-five (25) of such parking passes shall be reserved contiguous spaces located in the Project's covered parking structure (the "Reserved Parking Passes"). The location of the Reserved Parking Passes shall be determined by mutual agreement between Landlord and Tenant, subject to availability (as determined by Landlord in its sole discretion). Tenant shall pay to Landlord (or its designee) for automobile parking passes the Reserved Parking Passes on a monthly basis the prevailing rate charged from time to time at the location of such parking passes; providedrate identified below, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the and Tenant's unreserved parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent without charge for the initial Lease Term only (excepting only any parking taxes or other charges imposed by governmental authorities in connection with the use of such parking). The rate for the first nineteen (19) Reserved Parking Passes as of the date of this Lease shall be $100 per month per space for the initial Lease Term, and the rate, if applicable, for the remaining six (6) Reserved Parking Passes as of the date of this Lease shall be $150.00 per month per space for the initial Lease Term. Notwithstanding the foregoing, in addition to any fees that may be charged to Tenant in connection with its parking rates being charged by landlords of Comparable Buildings automobiles in the Mid-Market/Civic Center Area. The foregoing Project parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In additionfacilities, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision of this Lease, if Tenant elects to rent less than all of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretionopposed to taxes on any income derived therefrom); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Term. Tenant’s 's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Landlord, Tenant’s 's cooperation in seeing that Tenant’s 's employees and visitors also comply with such rules and regulationsregulations and Tenant not being in default under this Lease beyond any applicable notice and cure period. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Property Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this LeaseLease (other than an equitable and proportional abatement of parking charges), from time to time, temporarily close-off or restrict access to the Property Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements, provided that Landlord shall utilize commercially reasonable efforts to minimize interference with Tenant’s use of the parking facilities in connection therewith. Landlord may, at any time, institute valet assisted parking, tandem parking stalls, "stack" parking, or other parking program within the Project parking facility, the operational cost of which shall be included in Operating Expenses. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by TenantTenant without Landlord's prior approval; provided, except in connection with however, Tenant shall be entitled to transfer a Transfer proportional share of the Premises parking passes rented by Tenant to a Permitted Transferee Assignee or to a Transferee approved by Landlord pursuant to Article 14 of this Lease, without Landlord’s prior approvaland the number of transferable parking passes shall be based on the rentable square feet of the area subject to such transfer in accordance with the Parking Pass Ratio. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Evofem Biosciences, Inc.)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right at all times, but not the obligation, to rent from Landlord, commencing on throughout the Rent Commencement Date, Lease Term the amount number of unreserved parking passes spaces set forth in Section 9 11 of the Summary (Summary, located in those portions of which up to five (5) the Parking Facilities as may be converted reasonably designated by Landlord from time to reserved parking passes), on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Property parking facilitytime. Tenant shall pay to Landlord for automobile the use of such parking passes spaces, on a monthly basis basis, the prevailing rate charged from time to time at by Landlord or Landlord's parking operator for parking spaces in the location of Parking Facilities where such parking passes; providedspaces are located, however, during which prevailing rate is currently free. Notwithstanding anything to the first year contrary contained herein and provided that Tenant faithfully performs all of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at a rate of One Hundred Fifty terms and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, or transferee of the Tenant’s interest in this Lease. In addition, Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord; provided that notwithstanding any contrary provision conditions of this Lease, if Tenant elects Landlord hereby agrees to rent less than all of the xxxxx Tenant's obligation to pay any parking charges otherwise payable for such unreserved parking passes at any time so rented by Tenant during the initial Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease shall be subject to availability (as determined by Landlord in its reasonable discretion); Term and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 of the Summary during the Lease Termany extension term. Tenant’s 's continued right to use the parking passes spaces is conditioned upon Tenant abiding by all rules and regulations which are reasonably 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 and Tenant’s cooperation Parking Facilities. Tenant shall cooperate in seeing that Tenant’s 's employees and visitors also comply with such rules and regulations. So long as the same do not unreasonably interfere with Tenant’s In addition, Landlord may assign any parking rights, spaces and/or make all or a portion of such spaces reserved or institute an attendant-assisted tandem parking program and/or valet parking program if Landlord determines in its sole discretion that such is necessary or desirable for orderly and efficient parking. Landlord specifically reserves the right right, from time to time, to change the size, configuration, design, layout layout, location and all other aspects of the Property parking facility at any time Parking Facilities, and Tenant acknowledges and agrees that Landlord Landlord, from time to time, may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, Lease temporarily close-off or restrict access to the Property Parking Facilities, or temporarily relocate Tenant's parking facility spaces to other parking structures and/or surface parking areas within a reasonable distance from the Parking Facilities, for purposes of permitting or facilitating any such construction, alteration or improvementsimprovements or to accommodate or facilitate renovation, alteration, construction or other modification of other improvements or structures located on the Real Property. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to Landlord (as well as the parking fee abatement obligation provided for above). The parking rates charged by Landlord for Tenant's parking spaces shall be exclusive of any parking tax or other charges imposed by governmental authorities in connection with the use of such parking, which taxes and/or charges 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 (10) days after Tenant's receipt of the invoice from Landlord. The parking passes rented by spaces provided to Tenant pursuant to this Article 28 23 are provided to Tenant solely for use by Tenant’s 's own personnel and such passes parking rights may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s 's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the validation rate from time to time generally applicable to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spaces.

Appears in 1 contract

Samples: Office Lease (Vivus Inc)

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall have the right to rent from Landlordlease, commencing on the Rent Lease Commencement Date, the amount number of unreserved parking passes set forth in Section 9 of the Summary (of which up to five (5) may be converted to reserved parking passes)Summary, on a monthly basis throughout the Lease Term. Of such parking passes, which two (2) passes for each 1,000 usable square feet of the Premises shall be for parking located on the roof of Parking Structure Two (as such structure is shown on Exhibit “B” hereto) (“Roof Passes”), one (1) pass for each 1,000 usable square feet of the Premises shall be WARNER CENTER TOWERS [Health Net, Inc.] Warner Center III\Health Net\JS\December 22, 2003 Initial Initial Initial Initial for parking located on an unreserved basis anywhere in Parking Structure Two (“Structure Two Passes”) and the remaining one (1) pass for each 1,000 usable square feet of the Premises shall be for parking located in Parking Structure One or Parking Structure Two as determined by Landlord (“Flex Passes”). Of the Structure Two Passes, Tenant may elect to have up to eighteen (18) of such passes shall pertain to the Property designated for covered reserved parking facilityat locations within Parking Structure Two reasonably determined by Landlord. Tenant shall pay to Landlord or, at Landlord’s option, “Landlord’s Designee” (as that term is defined in this Article 18 below), for all such automobile parking passes passes, on a monthly basis basis, the prevailing rate charged from time to time at the location of such parking passes; provided, however, during the first year of the Lease Term following the Rent Commencement Date only, Tenant shall be entitled to rent the unreserved for parking passes at a rate of One Hundred Fifty and 00/100 Dollars ($150.00) per unreserved parking pass per month; and provided, further, that thereafter, the prevailing rate charged by Landlord shall be subject to market rate increases consistent with in the parking rates being charged by landlords of Comparable Buildings in the Mid-Market/Civic Center Area. The foregoing parking rates may only be utilized by Tenant, its Permitted Transferee Assignees and any other assignee, sublessee, facility or transferee of the Tenant’s interest in this Leasefacilities. In addition, Tenant Xxxxxx shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant may change Notwithstanding anything to the number contrary contained herein, all parking charges shall be fifty percent (50%) of parking passes rented pursuant to this Article 28 upon thirty the prevailing rate for the Project commencing on January 1, 2005 and continuing through the end of the sixtieth (3060th) days prior written notice to Landlord; provided that notwithstanding any contrary provision month of the Term of this Lease. Commencing on January 1, if Tenant elects to rent less than all 2010 and continuing throughout the remainder of the unreserved parking passes at any time during the Lease Term, then Tenant’s right to again increase the number of parking passes that it elects to rent under this Lease charges shall be subject to availability seventy-five percent (as determined by Landlord in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to rent more than the amount and type of parking passes allocated to Tenant as set forth in Section 9 75%) of the Summary during the Lease Termprevailing rate for Project parking. Tenant’s continued right to use the parking passes is conditioned upon Tenant abiding shall also receive monthly validation credits for fifty percent (50%) of all validation costs that exceed $2,750 per month. Tenant shall abide by all rules reasonable Rules and regulations Regulations which are reasonably 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 facilities and Tenant’s cooperation Tenant shall cooperate in seeing that good faith to have Tenant’s employees and visitors also comply with such rules Rules and regulationsRegulations. So long as the same do not unreasonably interfere with Tenant’s parking rights, Landlord specifically reserves the right right, at any time, to (i) change the size, configuration, design, layout and all other aspects of the Property parking facility at any time or facilities, and/or (ii) perform repairs to the parking facility or facilities, and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Property parking facility or facilities for purposes of permitting or facilitating any such construction, alteration alteration, improvements or improvementsrepairs provided such closure or restriction does not materially interfere with Tenant’s operation of business. Landlord may lease the parking areas, enter into a license agreement or otherwise delegate its responsibilities hereunder under this Article 18 to a parking operator (“Landlord’s Designee”) in which case such parking operator Landlord’s Designee shall have all the rights of control attributed hereby under this Article 18 to the Landlord. The parking passes rented leased by Tenant pursuant to this Article 28 18 are provided to Tenant solely for use by TenantXxxxxx’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to Article 14 of this Lease, Tenant without Landlord’s prior approval, except that Tenant may transfer a prorata number of passes to any Transferee permitted under Article 11 above, and to Tenant’s outside auditors, consultants, contractors, agents and/or other invitees who will frequent the Premises on more than an occasional basis; provided that Tenant shall not profit from any such transfer. Tenant may validate shall be entitled to parking validations for visitor parking by such method or methods as the Landlord may establish, at the validation rate rates prevailing from time to time generally applicable for such validation parking in the Project, subject to visitor parking. If Landlord adds a parking valet, Tenant shall have the right to use such valet’s services at the rate established by Landlord for the Building. In addition, if Landlord expands the parking area, Tenant shall have the right to its proportionate share of such additional spacesdiscount specified above in this Article 18.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

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