We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of TENANT PARKING Clause in Contracts

TENANT PARKING. Tenant shall be entitled to utilize, [***], commencing on the Lease Commencement Date, the amount of 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 the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the 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 structure 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 each Reserved Pass so rented and on a monthly basis, the then-prevailing rate charged from time to time at the location of such parking passes (the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at 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. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Project. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's exercise of commercially reasonable efforts to cause that Tenant's employees and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease. To the 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 regard to such Project parking facilities. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease (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 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. [***] Confidential portions of this document have been redacted and filed separately with the Commission.

Appears in 3 contracts

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

AutoNDA by SimpleDocs

TENANT PARKING. Tenant shall be entitled to utilize, [***], commencing Commencing on the Lease Commencement Date, Tenant shall have the right, at no additional charge, to use the amount of 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 the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the 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 structure 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 in the on-site parking facility (or facilities) which serve 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 monthsProject. Tenant shall pay to Landlord for each Reserved Pass so rented and on a monthly basis, the then-prevailing rate charged from time to time at the location of such parking passes (the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at 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. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Project. Tenant's continued right to use the Project parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, is located (including any sticker or other identification system established by LandlordLandlord and the prohibition of vehicle repair and maintenance activities in the parking facilities), Tenant's exercise of commercially reasonable efforts to cause cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease. To the extent reasonably necessary to ensure Tenant's use of the Project parking rights and obligations hereunder are readily available to and maintained by Tenant and its employees, Landlord facility 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, be at Tenant's sole cost risk and expenseTenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, reasonable access control its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking management services rights granted herein or systems with regard to such Project 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 now in effect. Landlord specifically reserves the right to change the size, configuration, design, layout layout, location and all other aspects of the Project 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 (except to the extent expressly set forth in Section 3.2 of this Lease, above), from time to time, temporarily close-off or restrict access to the Project parking facility for purposes of -40- [HCP LIFE SCIENCES][BRITANNIA SEAPORT CENTRE][Pulmonx, Inc.] permitting or facilitating any such construction, alteration or improvements. During In connection with any period such actions, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of closure of or restricted access to 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 be responsible to provide Tenant with reasonable replacement parking in reasonable proximity and with reasonable access have all the rights of control attributed hereby to the PremisesLandlord. [***] Confidential portions of this document have been redacted The parking passes are provided to Tenant solely for use by Tenant's own personnel and filed separately with the Commissionsuch passes may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord's prior approval.

Appears in 3 contracts

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

TENANT PARKING. Tenant shall be entitled to utilize, [***], commencing on the Lease Commencement Date, the amount of 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 the number passes provided to Tenant), on a monthly basis rent throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the 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 structure 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 Term the number of parking passes set forth in Section 9 11 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 in those portions of the Lease Term (the "Reserved Passes"); provided that the right Parking Facilities as may be designated by Landlord from time 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 monthstime. Tenant shall pay to Landlord for each Reserved Pass so rented and the use of such parking passes, on a monthly basis, the then-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 (are located. Notwithstanding anything above to the contrary, there will .be no charge for unreserved, uncovered parking passes during the initial amount of which Lease Term; provided, however, that during any Option Term (if any extension option is acknowledged exercised by Tenant pursuant to the parties to be [***]. Notwithstanding the foregoingExtension Option Rider), Tenant shall at all times be responsible pay to Landlord for the full amount use of any taxes imposed such unreserved, uncovered parking passes, on a monthly basis, the prevailing rate (if any) charged from time to time by any governmental authority Landlord or Landlord's parking operator for unreserved, uncovered parking passes in connection with the renting of Parking Facilities where such parking passes by Tenant or the use of the parking facility by Tenant. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Projectare located. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Parking Facilities and upon Tenant's exercise of commercially reasonable efforts to cause cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease. To the extent reasonably necessary to ensure Tenant's parking rights and obligations hereunder are readily available to and maintained by Tenant and its employeesIn addition, Landlord shall establish may assign any parking spaces and/or make all or a sticker portion of such spaces reserved or other identification system 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 the Project; provided, however, to the extent the foregoing measures prove insufficient, Landlord shall additionally implement, at Tenant's sole cost orderly and expense, reasonable access control and/or other parking management services or systems with regard to such Project parking facilitiesefficient 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 Project 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 (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 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. [***] Confidential portions of this document have been redacted and filed separately with the Commission.Landlord

Appears in 3 contracts

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

TENANT PARKING. Tenant Landlord shall be entitled to utilizeprovide Tenant, [***], commencing on the Lease Commencement Date, the amount of 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 the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the 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 structure 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 reserved and unreserved parking. passes set see 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. The initial location of Tenant's reserved parking passes in the Parking Facilities is set forth on Exhibit H-1 attached hereto. Tenant acknowledges and agrees that Landlord shall have the right to rent up to twenty-five (25) passes, each relating to one (1) relocate a portion of Tenant's reserved parking space located passes (from the location depicted on Exhibit H-1) to another location in the second (2nd) level of Parking Structure B Project depicted on Exhibit H-2 attached hereto. All parking passes that are designated as reserved for Tenant shall be so designated utilizing 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 Tenantstencil designation at, 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 monthsLandlords sole cost and expense. Tenant shall not be obligated to pay to Landlord any parking charges for each Reserved Pass so rented and on a monthly basis, the then-prevailing rate charged from time to time at the location any of such Tenant Is parking passes (the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at all times be responsible for the full amount of any taxes imposed by any governmental authority described in connection with the renting of such parking passes by Tenant or the use Section 11 of the parking facility by Tenant. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the ProjectSummary. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Parking Facilities and upon Tenant's exercise of commercially reasonable efforts to cause cooperation in seeing that Tenant's employees employee's and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease. To the extent reasonably necessary to ensure Tenant's parking rights and obligations hereunder are readily available to and maintained by Tenant and its employeesIn addition, Landlord shall establish may assign any parking spaces and/or make all or a sticker portion of such spaces reserved or other identification system institute a valet parking program if Landlord determines in its sole discretion that such is necessary or desirable for the Project; provided, however, to the extent the foregoing measures prove insufficient, Landlord shall additionally implement, at Tenant's sole cost orderly and expense, reasonable access control and/or other parking management services or systems with regard to such Project parking facilitiesefficient 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 Project 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 (except to the extent expressly set forth in Section 3.2 of this Lease, above), from time to time, close-temporarily close off or restrict access to the Project 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. During 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 provided to Tenant pursuant to this Article 23 are provided solely for use by Tenant's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord's, prior approval (except to any period assignee or sublessee permitted under the terms 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. [***] Confidential portions of this document have been redacted and filed separately with the CommissionArticle 14 hereof).

Appears in 3 contracts

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

TENANT PARKING. Tenant shall be entitled have the right, but not the obligation, to utilize, [***], commencing on rent throughout the Lease Commencement Date, Term the amount number of reserved and unreserved parking passes set forth in Section 9 11 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 Summary, located in those portions of the number passes provided Parking Facilities as may be designated by Landlord from time to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the Project designated for Tenant's exclusive use or designated for all access usetime; provided, however, that in connection with the foregoing, six (i6) the entirety of the Project parking structure 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 reserved parking passes within the allotment set forth in Section 9 11 of the Summary, Tenant Summary shall have be located directly in front of the right main entrance to rent up the Premises (with the exact location to twenty-five (25) passes, each relating be designated by Landlord). The cost to one (1) designate Tenant's 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 passes shall be exercised by at 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's sole cost and expense. Tenant shall pay to Landlord for each Reserved Pass so rented and the use of such parking passes, on a monthly basis, the then-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 (the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at 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. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Projectare located. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Parking Facilities and upon Tenant's exercise of commercially reasonable efforts to cause cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease. To the extent reasonably necessary to ensure Tenant's parking rights and obligations hereunder are readily available to and maintained by Tenant and its employeesIn addition, Landlord shall establish may assign any parking spaces and/or make all or a sticker portion of such spaces reserved or other identification system 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 the Project; provided, however, to the extent the foregoing measures prove insufficient, Landlord shall additionally implement, at Tenant's sole cost orderly and expense, reasonable access control and/or other parking management services or systems with regard to such Project parking facilitiesefficient 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 Project 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 (except to the extent expressly set forth in Section 3.2 of this Lease, above), from time to time, temporarily close-off or restrict access to the Project 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. During any period Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of closure of or restricted access control attributed hereby to the Project Landlord. The parting rates charged by Landlord for Tenant's parking areas, Landlord passes shall be responsible to provide Tenant with reasonable replacement exclusive of any parking tax or other charges imposed by governmental authorities in reasonable proximity and with reasonable access to the Premises. [***] Confidential portions of this document have been redacted and filed separately connection with the Commission.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 provided to Tenant pursuant to this Article 23 are provided solely for use by Tenant's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord's prior approval. ARTICLE 24

Appears in 3 contracts

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

TENANT PARKING. Subject to the terms of this Article 28, Tenant shall be entitled have the right to utilize, [***]rent from Landlord, commencing on the Lease Rent Commencement Date, the amount of unreserved parking passes set forth in Section 9 of the Summary (provided that any visitor of which up to five (5) may be converted to reserved parking spaces and/or handicap parking spaces required by Applicable Laws due to Tenant's occupancy shall be included as part of the number passes provided to Tenantpasses), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within the Property parking areas in the 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 structure 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 monthsfacility. Tenant shall pay to Landlord for each Reserved Pass so rented and automobile parking passes on a monthly basis, basis the then-prevailing rate charged from time to time at the location of such parking passes (passes; provided, however, during the initial amount first year of which is acknowledged by the parties to be [***]. Notwithstanding Lease Term following the foregoingRent Commencement Date only, Tenant shall be entitled to rent the unreserved parking passes at all times 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. All remaining Tenant may change the number of parking passes which 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 is required in its reasonable discretion); and provided, further, that in no event shall Tenant be entitled to provide rent more than the amount and type of parking passes allocated to Tenant shall be applicable to the surface parking areas as set forth in Section 9 of the ProjectSummary 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, Landlord and Tenant's exercise of commercially reasonable efforts to cause ’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, and Tenant not being in default under this Lease. To the 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 regard to such Project parking facilities. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Project 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 (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 Project Property parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. During any period Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of closure of or restricted access control attributed hereby to the Project Landlord. The parking areaspasses 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, Landlord shall be responsible assigned, subleased or otherwise alienated by Tenant, except in connection with a Transfer of the Premises pursuant to provide Tenant with reasonable replacement parking in reasonable proximity and with reasonable access to the Premises. [***] Confidential portions Article 14 of this document 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 been redacted and filed separately with the Commissionright 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.)

TENANT PARKING. Tenant shall be entitled to utilize, [***], commencing on the Lease Commencement Date, the amount of 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 the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the 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 structure 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 use up to twenty-five (25) passes, each relating to one (1) the number of reserved and unreserved parking space located on the second (2nd) level of Parking Structure B on a monthly basis throughout the remainder spaces set forth in Section 11 of the Lease Term Summary (and if Tenant leases the "Reserved Passes"); provided that the right to rent such Reserved Pass must be exercised by Tenant, if at allMachine Shop Space, pursuant to a written notice to Landlord expressing Tenants' desire to rent such Reserved Passes for a minimum of twelve (12) consecutive calendar monthsSection 1.5. Tenant shall pay to Landlord for each Reserved Pass so rented and on a monthly basisabove, the then-prevailing rate charged from time unreserved parking spaces set forth in Section 1.5.6 above) for parking in the Parking Facilities, at no additional cost to time at the location of such parking passes (Tenant during the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at 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. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Project. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's exercise of commercially reasonable efforts to cause that Tenant's employees and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease. To the 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 ProjectLease Term; provided, however, the cost to designate Tenant's reserved parking spaces adjacent to the extent the foregoing measures prove insufficientBuilding, Landlord as depicted on EXHIBIT E, shall additionally implement, 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 period that the Original Tenant (or any Affiliate to which Tenant'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 expenseSamsung (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. Notwithstanding the immediately preceding sentence to the contrary, reasonable access control 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 other modified by Landlord and/or Landlord's parking management services or systems with regard operator from time to such Project time, and in no event shall Landlord be responsible for the policing of Tenant's use of its reserved parking facilitiesspaces. Landlord specifically reserves the right to change the location, size, configuration, design, layout and all other aspects of the Project 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 (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 Project parking facility Parking Facilities for purposes of permitting or facilitating any such construction, alteration or improvements. During ; provided, that in doing any period of closure of or restricted the foregoing, Landlord shall not-prevent access to the Project Premises or decrease the number of parking areasspaces available to Tenant as required hereunder without making available to Tenant substitute parking spaces within a reasonable distance from the Real Property. The parking spaces provided to Tenant pursuant to this Article 23 are provided solely for use by Tenant's own personnel and such spaces may not be transferred, Landlord shall be responsible assigned, subleased or otherwise alienated by Tenant without Landlord's prior approval except on a pro rata basis in connection with a permitted Transfer effected by Tenant pursuant to provide Tenant with reasonable replacement parking in reasonable proximity and with reasonable access to the Premises. [***] Confidential portions of this document have been redacted and filed separately with the CommissionArticle 14 above.

Appears in 2 contracts

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

TENANT PARKING. Tenant Landlord shall be entitled provide to utilizeTenant, [***], commencing on throughout the Lease Commencement DateTerm and at no additional cost to Tenant, the amount number 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 the number passes provided to Tenant)Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the Project designated for Tenant's exclusive use or designated for all access useparking facilities; provided, however, that the total number of Project parking passes outstanding at any time shall not exceed 110% of the aggregate number of actual parking spaces in connection with the foregoing, (i) the entirety of the Project parking structure commonly referred to as "Parking Structure A," which contains a total of eight hundred thirty-three facilities (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 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 SummaryProject, 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 rent up designate thirty (30) covered spaces as reserved for Tenant's executives, in particular locations to twenty-five (25) passesbe mutually and reasonably agreed upon by Landlord and Tenant, each relating to one (1) which reserved spaces shall include that certain motorcycle 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 area reserved for use 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 each Reserved Pass so rented and on a monthly basis, the then-prevailing rate charged from time to time at 's employees in the location of such parking passes (the initial amount of which is acknowledged by the parties identified on EXHIBIT A. In addition to be [***]. Notwithstanding 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, in a location more particularly identified on EXHIBIT A. Tenant shall at 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 (including any designated parking spaces) by Tenant or the use of the parking facility by Tenant. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Project. Tenant'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 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, Tenant's exercise of commercially reasonable efforts to cause cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations, regulations and Tenant not being in default under this Lease. To the 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, 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 insufficientinsufficient (as reasonably and mutually determined by Landlord and Tenant), Landlord shall additionally implement, at Tenant's sole cost and expense, implement reasonable access control and/or other parking management services or systems with regard to such Project parking facilities. Landlord specifically reserves the right to (i) change the size, configuration, design, layout and all other aspects of the 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 (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 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 improvements. During any period of closure of or restricted access repairs with respect to the Project parking areasfacilities 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 be responsible use reasonable efforts to provide Tenant with reasonable replacement minimize any inconvenience to Tenant. Landlord may delegate its responsibilities hereunder to a parking operator in reasonable proximity and with reasonable access which case such parking operator shall have all the rights of control attributed hereby to the PremisesLandlord. [***] Confidential portions of The parking passes (including any designated parking spaces) granted to Tenant pursuant to this document have been redacted Article 28 are provided to Tenant solely for use by Tenant's own personnel, customers and filed separately with 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's interest in the CommissionPremises 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.

Appears in 1 contract

Samples: Office Lease (Fair Isaac Corp)

TENANT PARKING. Tenant shall be entitled permitted to utilize, [***]use, commencing on the Lease Commencement Date, the amount of parking passes spaces 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 Summary, leased free of charge through the number passes provided to Tenant)initial Lease Term, on a monthly basis throughout the Lease Term, which parking passes spaces shall pertain to those certain spaces located within parking areas in the 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 structure 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 each Reserved Pass so rented and on a monthly basis, the then-prevailing rate charged from time to time at the location of such parking passes (the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at 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. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Projectfacility. Tenant's continued right to use the parking passes spaces is conditioned upon Tenant abiding by all reasonable rules and regulations which are 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 LandlordLandlord and the prohibition of vehicle repair and maintenance activities in the Project's parking facilities), Tenant's exercise of commercially reasonable efforts to cause cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations, regulations and Tenant not being in default under this Lease. To the extent reasonably necessary to ensure Tenant's use of the Project parking rights and obligations hereunder are readily available to and maintained by Tenant and its employees, Landlord facility 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, be at Tenant's sole cost risk and expenseTenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, reasonable access control its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking management services rights granted herein or systems with regard to such Project any of Tenant's, its employees' and/or visitors' use of the parking facilities. Tenant's rights hereunder are subject to DOCPROPERTY "Document number" 4879-3072-0534. DOCPROPERTY "Document version" 3 DOCPROPERTY "Client" 391132. DOCPROPERTY "Matter" 00001/ SAVEDATE \@ M-d-yy U48er IniP/ DOCPROPERTY "User Init" jll/ DOCPROPERTY "Typist Init" jll -28- DOCPROPERTY "Footer Notes" THE BEACON[Palisade Bio, Inc.] the terms of any Underlying Documents. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease (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 Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. During , provided that, for any period interruption in use of closure of or restricted access Tenant’s parking spaces reasonably expected to the Project parking areasexceed fifteen (15) consecutive business days, Landlord shall provide replacement parking, which may be responsible to provide Tenant off-site if within one quarter mile of the Project, or further, if coupled with reasonable replacement shuttle service. Landlord may delegate its responsibilities hereunder to a parking operator in reasonable proximity and with reasonable access which case such parking operator shall have all the rights of control attributed hereby to the PremisesLandlord. [***] Confidential portions of The parking spaces rented by Tenant pursuant to this document have been redacted Article 28 are provided to Tenant solely for use by Tenant's own personnel and filed separately with such spaces may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord's prior approval. Tenant may validate visitor parking by such method or methods as the CommissionLandlord may establish, at the validation rate from time to time generally applicable to visitor parking.

Appears in 1 contract

Samples: Office Lease (Palisade Bio, Inc.)

TENANT PARKING. Subject to the provisions of the Operating Agreement and the terms and conditions of this Lease, and upon payment of Landlord’s monthly charges (if any) therefor as hereinafter set forth, Tenant shall be entitled permitted to utilize, [***]on a non-exclusive basis (except as specified below) at no cost in the area(s) designated by Landlord, commencing on a total of six (6) parking spaces in the Lease Commencement DateProject 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 amount Premises shall be located in the underground parking area below Buildings 2 and 3 in the Project, of which ten (10) parking passes set forth in Section 9 spaces shall be designated by Landlord, at Tenant’s cost (which may be paid for out of the Summary Tenant Improvement Allowance), for exclusive use by Tenant (provided that any visitor parking but such spaces and/or handicap parking spaces required by Applicable Laws due to Tenant's occupancy shall not be included marked as part reserved for individual employees of the number passes provided to Tenant), on a monthly basis throughout and the Lease Term, which remainder of such parking passes shall pertain to those certain spaces located within parking areas in the 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 underground parking structure commonly referred to as "Parking Structure A," which contains a total of eight hundred thirty-three (833) parking spaces, area shall be designated for Tenant's exclusive use as long as Tenant continues to lease the entirety of the Premises and the 13500 Premises, unreserved; and (ii) except with regard to the "Reserved Spaces" identified hereinbelow, balance of said parking spaces shall be uncovered unreserved parking spaces in the entirety parking areas of the Project which serve the Building from time to time (which areas may be located within surface lots, parking structure commonly referred 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 Structure B" 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 the tenants Tenant). The total number of the 13520 Building. Landlord shall implement an access control system for each of Parking Structure A parking spaces which may be utilized by Tenant, 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 such parking passes 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 Section 9 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 Summarycase 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 up enforce such requirements, including towing of offending vehicles if permitted by law, but only after providing reasonable prior notice to twentyLandlord in each instance, and Tenant shall indemnify Landlord from any liability in connection with said enforcement. In the event Landlord develops or reconfigures the Project in a manner which requires relocation of the 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-five exclusive right to park in the adjacent west lot in common with the other authorized users thereof (25which 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 (30) passesdays thereafter. Additional spaces may be rented by Tenant at the then current charges, each relating subject to availability as reasonably determined by Landlord. Said parking is subject to the further provisions of this Lease and the rules and regulations attached hereto as Exhibit D-1 and made a part hereof (“Parking Rules and Regulations”). The Parking Rules and Regulations may be modified from time to time 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 parking spaces described in the first sentence of this 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 utilize additional parking in the underground parking area below Buildings 2 and 3 in the Project at the then-current rates (subject to change from time to time), which are currently Fifty and 00/100 Dollars ($50.00) per space per month for reserved spaces and Twenty-Five and 00/100 Dollars ($25.00) per space per month for unreserved spaces; Tenant shall request such additional parking in writing not less than thirty (30) days prior to the 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, such designated spaces may not reduce the number of parking 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) reserved parking space located on the second (2nd) level of permit/access card for each such parking space. Parking Structure B on shall be available 24 hours 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 day, 7 days a week, 365 days a year, and is for use by Tenant, its Affiliates, and sublessees, if at allany, pursuant and their respective employees, licensees and visitors, subject 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 and in compliance with any reasonable access control system established by Landlord for each Reserved Pass so rented and on a monthly basis, the then-prevailing rate charged Building and/or Project from time to time at 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 cause the location Building and the Building’s portion of such parking passes (the initial amount of which is acknowledged by Land and the parties Shared Exterior Common Areas to be [***]. Notwithstanding the foregoingin a new, Tenant shall at 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. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Project. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's exercise of commercially reasonable efforts to cause that Tenant's employees and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease. To the 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 regard to such Project parking facilities. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease (except to the extent expressly separately assessed parcel as set forth in Section 3.2 4.2.5.1, any parking spaces in the underground parking area allocable to Tenant under this Article 28 shall be located in the portion of this Lease, above), from time to time, close-off or restrict access such underground parking area which is allocated to the 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. [***] Confidential portions of this document have been redacted and filed separately with the CommissionBuilding.

Appears in 1 contract

Samples: Office Lease (HMS Holdings Corp)

TENANT PARKING. Tenant shall be entitled to utilize, [***]lease, commencing on the Lease Commencement Date, the amount of 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 the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the 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 structure 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 throughout the right to rent up to twenty-five (25) Lease Term. Of such parking passes, two (2) passes for each relating to 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 designated for covered reserved parking space located on the second (2nd) level of at locations within 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 Two reasonably determined 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 monthsLandlord. Tenant shall pay to Landlord or, at Landlord’s option, “Landlord’s Designee” (as that term is defined in this Article 18 below), for each Reserved Pass so rented and such automobile parking passes, on a monthly basis, the then-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 for parking passes (in the initial amount of which is acknowledged by the parties to be [***]parking facility or facilities. Notwithstanding the foregoingIn addition, Tenant shall at 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. All remaining 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 (i.e., the 25th Floor Space, 24th Floor Space, 22nd Floor Space, Initial 21st Floor Space and Must Take Space) Tenant shall only be obligated to pay for those parking passes which Landlord is required to provide to actually utilized by Tenant in connection with Tenant’s occupancy of such space; thereafter, Tenant shall be applicable obligated to the surface parking areas of the Projectlease all such passes. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding 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 shall cooperate in good faith to have Tenant's exercise of commercially reasonable efforts to cause that Tenant's ’s employees and visitors also comply with such rules Rules and regulations, and Tenant not being in default under this Lease. To the 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 regard to such Project parking facilitiesRegulations. Landlord specifically reserves the right right, at any time, to (i) change the size, configuration, design, layout and all other aspects of the Project 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 (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 Project 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. During any period of closure of or restricted access to Landlord may lease the Project parking areas, Landlord enter into a license agreement or otherwise delegate its responsibilities under this Article 18 to a parking operator (“Landlord’s Designee”) in which case Landlord’s Designee shall have all the rights attributed under this Article 18 to the Landlord. The parking passes leased by Tenant pursuant to this Article 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 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 shall be responsible entitled to provide Tenant with reasonable replacement parking validations for visitor parking at the rates prevailing from time to time for such validation parking in reasonable proximity the Project. Notwithstanding the foregoing, if Tenant has vacated the entire Premises or has begun to market the entire Premises for a Transfer, 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 with reasonable access (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 only be granted to Tenant to the Premises. [***] Confidential portions extent and for the period(s) Landlord reasonably determines that additional passes are available in Landlord’s parking and leasing program for the Project, and any passes granted as a result of this document have been redacted and filed separately with the Commissionany such request shall be in addition to Tenant’s then existing obligation to rent parking passes as set forth above.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

TENANT PARKING. Tenant and the Tenant’s parties (including Tenant’s visitors) shall be entitled to utilize, [***]without charge, and on a non-exclusive basis, commencing on the Lease Commencement Date, the amount of unreserved and unassigned parking passes spaces in the Project 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 the number passes provided to Tenant’s Project Parking”), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the Project designated for Tenant's exclusive use or designated for all access use; provided, however, that in connection with the foregoing, Landlord shall permit fourteen (i14) the entirety of the Project parking structure commonly referred spaces 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 is entitled under Section 9 of the Premises and Summary to be reserved in the 13500 Premises, and 000 Xxxxxx Xxxxx Xxxxx Xxxxxxx field as shown in Exhibit H (iithe “Building 2 North Parking Field”) except with regard as near as possible to the "Reserved Spaces" identified hereinbelow, the entirety entrance of the Project parking structure commonly referred to as "Parking Structure B" shall be designated 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 tenants cost of the 13520 Buildinginstalling, repairing and maintaining said signs as Additional Rent. Landlord shall implement an access control system 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 spaces reserved for each of Parking Structure A and Parking Structure B Tenant’s visitors described in order this Article 28. Tenant shall cooperate with Landlord to ensure that only parkers Tenant’s agents, servants, employees, and contractors (collectively, “Tenant Parties”) comply 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 each Reserved Pass so rented Rules and on a monthly basis, the then-prevailing rate charged from time to time at the location of such parking passes (the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at 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. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Project. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations Regulations which are 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, Tenant's exercise of commercially reasonable efforts to cause ’s cooperation in seeing that Tenant's ’s employees and visitors also comply with such rules Rules and regulations, Regulations and Tenant not being in default under this Lease. To the extent reasonably necessary to ensure Tenant's parking rights Lease beyond any applicable notice 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 facilitiescure period. Landlord specifically reserves the right to change make reasonable changes to the size, configuration, design, layout and all other aspects of the 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 (except to the extent expressly set forth in Section 3.2 of this Lease, above), from time to time, temporarily close-off or restrict access to portions of the 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. During In no event shall Tenant’s Share of parking on the Project be permanently reduced below any period minimum parking ratio required under Applicable Laws or in any manner which would materially, adversely interfere with Tenant’s use and occupancy of closure 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 spaces available to Tenant pursuant to this Article 28 are provided to Tenant solely for use by the Tenant Parties and such spaces may not be transferred, assigned, subleased or restricted access to otherwise alienated by Tenant, except on a pro-rata basis in connection with an assignment or subletting of the Premises permitted or approved in accordance with the TCCs of Article 14. Tenant shall not utilize any of the Project parking areasareas for the long term (e.g., Landlord shall be responsible to provide Tenant with reasonable replacement parking in reasonable proximity over two weeks) storage of vehicles owned by Tenant, its employees, contractors and with reasonable access to the Premises. [***] Confidential portions of this document have been redacted and filed separately with the Commissionconsultants.

Appears in 1 contract

Samples: Office Lease (3com Corp)

TENANT PARKING. Tenant and the Tenant's parties (including Tenant's visitors) shall be entitled to utilize, [***]without charge, and on a non-exclusive basis, commencing on the Lease Commencement Date, the amount of unreserved and unassigned parking passes spaces set forth in Section 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 the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the Project designated for Tenant's exclusive use or designated for all access useSummary; provided, however, that in connection with the foregoing, Landlord shall permit ten (i10) the entirety of the Project parking structure commonly referred spaces 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 is entitled under SECTION 9 of the Premises and the 13500 Premises, and (ii) except with regard Summary to be reserved as near as possible to the "Reserved Spaces" identified hereinbelow, the entirety entrance of the Project parking structure commonly referred to as "Parking Structure B" shall be designated 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 tenants cost of the 13520 Buildinginstalling, repairing and maintaining said signs as Additional Rent. Landlord shall implement an access control system for each have no obligation to police or enforce the restrictions on the use of Parking Structure A and Parking Structure B in order said reserved parking spaces. Tenant shall cooperate with Landlord to ensure that only parkers Tenant's agents, servants, employees, and contractors (collectively, "TENANT PARTIES") comply 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 each Reserved Pass so rented Rules and on a monthly basis, the then-prevailing rate charged from time to time at the location of such parking passes (the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at 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. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Project. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations Regulations which are 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, Tenant's exercise of commercially reasonable efforts to cause cooperation in seeing that Tenant's employees and visitors also comply with such rules Rules and regulations, Regulations and Tenant not being in default under this Lease. To the extent reasonably necessary to ensure Tenant's parking rights Lease beyond any applicable notice 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 facilitiescure period. Landlord specifically reserves the right to change make reasonable changes to the size, configuration, design, layout and all other aspects of the 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 (except to the extent expressly set forth in Section 3.2 of this Lease, above), from time to time, temporarily close-off or restrict access to portions of the 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. During In no event shall Tenant's Share of parking on the Project be permanently reduced below any period minimum parking ratio required under Applicable Laws or in any manner which would materially, adversely interfere with Tenant's use and occupancy of closure 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 spaces available to Tenant pursuant to this ARTICLE 28 are provided to Tenant solely for use by the Tenant Parties and such spaces may not be transferred, assigned, subleased or restricted access to otherwise alienated by Tenant, except on a pro-rata basis in connection with an assignment or subletting of the Premises permitted or approved in accordance with the TCCs of ARTICLE 14. Tenant shall not utilize any of the Project parking areasareas for the long term (e.g., Landlord shall be responsible to provide Tenant with reasonable replacement parking in reasonable proximity over two weeks) storage of vehicles owned by Tenant, its employees, contractors and with reasonable access to the Premisesconsultants. [***] Confidential portions of this document have been redacted and filed separately with the Commission.47

Appears in 1 contract

Samples: Office Lease (3com Corp)

TENANT PARKING. Subject to the terms of this Article 23, Tenant shall be entitled to utilize, [***], commencing on use up to the Lease Commencement Date, the amount number and type of parking passes spaces set forth in Section 9 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 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 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 (provided that any visitor for example, Landlord shall not be obligated to prevent other tenants of the Project and/or other visitors from parking in such parking spaces and/or handicap parking spaces required by Applicable Laws due nor shall Landlord be obligated to Tenant's occupancy shall cause to be included as part removed any vehicles belonging to other tenants of the number passes provided to TenantProject and/or other visitors that are parked in such parking spaces), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the Project designated for Tenant's exclusive use or designated for all access use; provided, however, that if Tenant determines, in connection with its reasonable discretion, at any time during the foregoingLease Term, (i) the entirety that other tenants of the Project parking structure commonly referred to as "Parking Structure A," which contains a total of eight hundred thirty-three (833) and/or other third parties are using such exclusive 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, then Tenant shall have the right right, upon written notice to rent up Landlord, to twenty-five require Landlord, at Tenant’s sole cost and expense, to take reasonable actions (25but in no event shall Landlord be required to bring any legal action against any such other tenants and/or third parties) passesas may be reasonable under the circumstances in order to preserve the exclusivity of such exclusive parking spaces (e.g., each relating retaining a parking attendant to one (1) monitor the use of such exclusive parking spaces); provided further, however, that in no event shall Landlord be liable to Tenant if other tenants of the Project and/or other third parties use such reserved parking space located on the second (2nd) level of Parking Structure B on a monthly basis throughout the remainder of spaces notwithstanding any such action undertaken by Landlord. During the Lease Term (the "Reserved Passes"as may be extended); 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 each Reserved Pass so rented and on a monthly basis, the then-prevailing rate charged from time to time at the location of such parking passes (the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at all times not be responsible obligated to pay parking charges 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 spaces allotted to Tenant. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Project. Tenant's ’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 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 Landlordhowever, to the restrictions on future covenants, conditions and restrictions under Section 1.1.3 above), and (ii) Tenant's exercise of ’s commercially reasonable efforts to cause cooperation in seeing that Tenant's ’s employees and visitors also comply with such rules and regulationsregulations and covenants, conditions and Tenant not being in default under this Lease. To the 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 regard to such Project parking facilitiesrestrictions. 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 Project 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 (except to the extent expressly set forth in Section 3.2 of this Lease, above), from time to time, temporarily close-off or restrict access to the Project 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. During 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 rights of Tenant to park in the Parking Area may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior written approval, except to sublessees of the Premises and/or 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. [***] Confidential portions assignee of this document have been redacted and filed separately with the CommissionLease pursuant to Article 14 above.

Appears in 1 contract

Samples: Lease (Polycom Inc)

TENANT PARKING. 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 be entitled reimburse Landlord for that portion of Landlord's cost of constructing the New Tenant Parking Area as is attributable to utilize, [***], commencing on the Lease Commencement Date, the amount construction of 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 the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the Project designated capacity for Tenant's exclusive use or designated for all access usedelivery vans as shown on a statement delivered to tenant by Landlord; provided, however, that Tenant shall in connection with the foregoing, no event be required to pay more than Seventy-Five Thousand Dollars (i$75,000.00) the entirety of the Project parking structure commonly referred to as "Parking Structure A," which contains a total of eight hundred thirty-three (833) parking spaces, Landlord. Tenant's payment hereunder shall be designated 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 Tenant's exclusive use parking as long as Tenant continues to lease the entirety of the Premises and the 13500 Premisesaforesaid by September 30, and (ii) except with regard to the "Reserved Spaces" identified hereinbelow2000, the entirety of the Project parking structure commonly referred to as "Parking Structure B" Base Rent payable by Tenant shall be designated for the exclusive use of the tenants of the 13520 Buildingreduced by fifty percent (50%) until such time as said work has been completed. 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 relocate the Tenant Parking Area to twenty-five (25) passes, each relating to one (1) reserved parking space located another location on the second (2nd) level of Parking Structure B on a monthly basis throughout Site in connection with the remainder further development of the Lease Term (the "Reserved Passes")Site; 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. relocated Tenant Parking Area shall pay to Landlord for each Reserved Pass so rented and on a monthly basis, the then-prevailing rate charged from time to time at the location of such parking passes (the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at 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 accommodate the parking facility by Tenant. All remaining parking passes which Landlord is required to provide to of at least three hundred eighty-six (386) motor vehicles and shall not be located materially farther from the Leased Premises than the Tenant shall be applicable to the surface parking areas of the Project. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's exercise of commercially reasonable efforts to cause that Tenant's employees and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease. To the 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 regard to such Project parking facilities. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease (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 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. [***] Confidential portions of this document have been redacted and filed separately with the Commission.Parking Area as shown on Exhibit A.

Appears in 1 contract

Samples: Lease (Streamline Com Inc)

TENANT PARKING. Tenant shall be entitled to utilizeentitled, [***], commencing on the Lease Commencement Date, the amount of 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 the number passes provided to Tenant), on a monthly basis at no charge throughout the Lease TermTerm and any extension thereof, which parking passes shall pertain to those certain spaces located within parking areas in the 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 structure 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 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 13520 Buildingparking 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 implement an access control system for each be no parking permitted on any of Parking Structure A and Parking Structure B in order to ensure the streets or roadways located within the Project. In addition, Xxxxxx agrees that only parkers with the appropriate parking pass can its employees will not park in the applicable spaces designated for visitor parking. Notwithstanding anything to the contrary contained in this Article 23, Landlord shall provide Tenant with four (4) unreserved parking structurespaces 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. As part At any time during the Term of this Lease, as such term may be extended, Landlord shall, exercising Landlord’s reasonable discretion, have the number of parking passes set forth in Section 9 of right to move the Summary, Tenant Reserved Parking within the area designated “Front Parking Area” on Exhibit A-1 to this Lease. Landlord shall have the right to rent up allocate additional parking spaces in the Front Parking Area to twentyother tenants in the Building as reserved parking spaces, provided that Tenant’s Reserved Parking shall (i) be adjusted to represent its pro-five rata share of the total reserved parking spaces within the Front Parking Area based on Tenant’s Share of Operating Expenses, Tax Expenses and Utility Costs provided in Section 9.2 of the Summary of Basic Lease Information and (25ii) passes, each relating to one Tenant shall never have less than sixteen (116) reserved parking space located on spaces. Any unreserved spaces remaining in the second (2nd) level of Front 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 each Reserved Pass so rented and on a monthly basis, the then-prevailing rate charged from time to time at the location of such parking passes (the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at 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. All remaining parking passes which Landlord is required to provide to Tenant Area shall be applicable to the surface parking areas of the Project. Tenant's continued right to strictly limited for use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's exercise of commercially reasonable efforts to cause that Tenant's employees and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease. To the 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 regard to such Project parking facilities. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease (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 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. [***] Confidential portions of this document have been redacted and filed separately with the Commissionas visitor parking.

Appears in 1 contract

Samples: Office Lease (Pc Mall Inc)

AutoNDA by SimpleDocs

TENANT PARKING. Subject to the terms of this Article 28 and Landlord’s obligations under the Development Agreement, Tenant shall be entitled have the obligation to utilize, [***]rent from Landlord, commencing on the 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 the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the 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 structure 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 10 of the Summary. In addition, Tenant shall have the right right, but not the obligation, to rent up to twentylease an additional one-five half (250.5) passes, each relating to one (1) reserved unreserved parking space located on the second (2nd) level of Parking Structure B on a monthly basis throughout the remainder pass for every 1,000 rentable square feet of the Lease Term (Premises, upon the "Reserved Passes"); terms and conditions and at the rates 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 monthsin Article 28 hereof. Tenant shall pay to Landlord for each Reserved Pass so rented and automobile parking passes on a monthly basis, basis at the then-prevailing rate charged from time to time at rates provided herein based on the location of such parking passes (passes; provided, however, during the initial amount first Lease Year of which is acknowledged by the parties to be [***]. Notwithstanding the foregoingLease Term, Tenant shall be entitled to rent the unreserved parking passes at all times a rate of Two Hundred Ten and 00/100 Dollars ($210.00) per unreserved parking pass per month and Three Hundred Twenty and 00/100 Dollars ($320.00) per reserved parking pass per month; and provided further, that commencing 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), such rates shall increase by three and one-half percent (3.5%) per annum, calculated on a cumulative and compounded basis. The foregoing parking 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. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Project. Tenant's ’s continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's exercise of commercially reasonable efforts to cause ’s cooperation in seeing that Tenant's ’s employees and visitors also comply with such rules and regulations, regulations and Tenant not being in default Default under this Lease. To the 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 regard to such Project parking facilities. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease (except to the extent expressly set forth in Section 3.2 of this Lease, above), from time to time, temporarily (for not more than three [3] days unless due to force majeure) close-off or restrict access to the Project parking facility for purposes of permitting or facilitating any such development at the Project, construction, alteration or improvements. During any period of closure of or restricted access to the Project parking areas; provided, however, that Landlord shall be responsible will use reasonable efforts to provide Tenant with reasonable replacement parking advance notice of any such anticipated temporary close-off or restriction in reasonable proximity and with reasonable access to the Premisesparking facility; provided, however, that Landlord shall not relocate Tenant’s reserved parking spaces. [***] Confidential portions 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 document have been redacted 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. Landlord shall cause the parking areas to be staffed in a manner reasonably determined by Landlord for efficient and filed separately with effective parking operations at the CommissionProject.

Appears in 1 contract

Samples: Office Lease (FIGS, Inc.)

TENANT PARKING. Tenant Landlord shall be entitled to utilizeprovide, [***], commencing on the Lease Commencement Date, the amount of 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 the number passes provided to Tenant), on a monthly basis throughout for the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the 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 structure 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 spaces as provided in Section 9 of the Summary, Tenant which parking spaces shall have the right to rent up to twentybe non-five (25) passes, each relating to one (1) reserved exclusive and unreserved. There shall be no charge for 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 each Reserved Pass so rented and on a monthly basis, the then-prevailing rate charged from time to time at the location of such parking passes (during the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at 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. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the ProjectLease Term. Tenant's ’s continued right to use the parking passes spaces is conditioned upon Tenant (a) Tenant’s abiding by all reasonable rules and regulations which are 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 Tenant's exercise of commercially reasonable efforts to cause ’s cooperation in seeing that Tenant's ’s employees and visitors also comply with such rules and regulations, and Tenant (b) Tenant’s not being in default under this Lease. To the 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 regard to such Project parking facilities. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Project parking facility at any time and time. 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, temporarily close-off or restrict access to the Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. During any period Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of closure of or restricted access control attributed hereby to the Project Landlord. The parking areasspaces available to Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such right to such spaces may not be transferred, Landlord shall assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval, which approval may be responsible withheld in Landlord’s sole discretion; provided, however, that if Tenant desires to provide Tenant transfer such spaces in connection with reasonable replacement parking in reasonable proximity and with reasonable access to an assignment of this Lease or a sublease of all or a portion of the Premises. [***] Confidential portions of this document have been redacted and filed separately Landlord shall not unreasonably withhold its approval. If any assignment or sublease approved by Landlord in accordance with Article 14 above, or an assignment or sublease to an Affiliate in accordance with the Commissionprovisions of Section 14.8 above, transfers to the assignee or sublessee thereunder, pursuant to its express terms, a pro rata portion of the parking spaces available to Tenant hereunder, then a separate consent to such transfer shall not be required under this Article 28.

Appears in 1 contract

Samples: Office Lease (Cotherix Inc)

TENANT PARKING. Tenant shall be entitled have the right, without the payment of any parking charge or fee (other than as a reimbursement of operating expenses to utilizethe extent allowed pursuant to the terms or Article 4 of this Lease, [***]above), commencing on the Lease Commencement Date, to use the amount of 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 the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the 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 structure 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 in the right to rent up to twentyon-five (25) passes, each relating to one (1) reserved site parking space located on lot which serves 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 monthsBuilding. Tenant shall pay to Landlord for each Reserved Pass so rented and on a monthly basis, also have the then-prevailing rate charged from time to time at the location of such parking passes (the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at 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 exclusive use of the parking facility by electric vehicle chargers located adjacent to the Premises (the “Existing EV Spaces”), the spaces associated with which Tenant may mxxx as being reserved for Tenant’s use, and such Existing EV Spaces shall be deducted from the number of spaces that Tenant is entitled to use under Section 9 of the Summary. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Project. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding abide by all reasonable rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, located (including any sticker or other identification system established by LandlordLandlord and the prohibition of vehicle repair and maintenance activities in the parking facilities), Tenant's exercise of commercially reasonable efforts to cause and shall cooperate in seeing that Tenant's employees and visitors also comply with such rules and regulations, . Tenant's use of the Project parking facility shall be at Tenant's sole risk and Tenant not being in default under this Lease. To acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the extent reasonably necessary vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to ensure Tenant's or connected with the parking rights and obligations hereunder are readily available to and maintained by Tenant and granted herein or any of Tenant's, its employees, ' and/or visitors' use of the parking facilities. Landlord shall establish a sticker or other identification system for the Project; provided, however, to the extent the foregoing measures prove insufficient, not oversubscribe parking. Landlord shall additionally implementuse 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, reasonable access control and/or other parking management services or systems with regard to such Project parking facilities. Landlord specifically reserves the right install additional electric car chargers, subject to change the size, configuration, design, layout and all other aspects Landlord’s review of the Project parking facility at any time specifications therefor and Tenant acknowledges and agrees that Landlord maycompliance with the terms in Section 8 above and/or Exhibit B, without incurring any liability 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 Section 9 of the Summary) (except to the extent expressly set forth "Tenant EV Spaces"). Any such Tenant EV Spaces and the Existing EV Spaces shall be used by Tenant in Section 3.2 accordance with the applicable terms of this Lease, above)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 the Existing EV Spaces and all associated equipment in good operating order and safe condition, from time to timein compliance with all applicable laws, close-off or restrict access to the 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 at Tenant's sole cost and with reasonable access to the Premises. [***] Confidential portions of this document have been redacted and filed separately with the Commissionexpense.

Appears in 1 contract

Samples: Lease (Adverum Biotechnologies, Inc.)

TENANT PARKING. Tenant 9.3.1 Tenant’s employees shall not be entitled permitted to utilize, [***], commencing park on the Lease Commencement Date, the amount of 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 the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the Project designated for Tenant's exclusive use or designated for all access use; provided, however, that in connection with the foregoing, Common Area except (i) in non-covered parking spaces in the entirety of area designated as “Tenant Employee Parking” on the Project parking structure commonly referred to site plan attached hereto as "Exhibit A (the “Tenant Employee Parking Structure A," which contains a total of eight hundred thirty-three (833Area”) 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 in covered 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 spaces in the applicable Tenant Employee Parking Area leased by Tenant pursuant to Section 9.3.2. 9.3.2 Tenant covenants and agrees at all times during the Lease Term to lease parking structure. As part of rights for the number of reserved parking passes set forth spaces specified in Section 9 1, in the covered portion of the SummaryTenant Employee Parking Area, and Tenant agrees to pay for each reserved space in addition to and concurrently with Base Rent a fee equal to Landlord’s prevailing charge for reserved parking spaces (which Tenant acknowledges and agrees currently equals the rate specified in the Rules and Regulations attached hereto as Exhibit C, but is subject to change in Landlord’s sole and absolute discretion), commencing in accordance with Section 5.1). If the Commencement Date does not occur on the first day of a calendar month, then Tenant shall pay the foregoing parking fees for the remainder of such month on a pro rata basis, plus the parking fees for the first full calendar month thereafter. 9.3.3 Landlord shall have the right to rent up to twenty-five (25) passes, each relating to one (1) reserved reserve and assign parking space located on the second (2nd) level of Parking Structure B on a monthly basis throughout the remainder spaces for Tenant and other tenants of the Lease Term (Building or to designate parking rights on an unreserved, non-exclusive basis. Tenant shall receive stickers or cards authorizing parking equal to the "Reserved Passes"); provided that number of vehicles for which parking rights have been leased. Landlord shall have 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 each Reserved Pass so rented establish and on a monthly basis, the then-prevailing rate charged from time to time at the location of such parking passes (the initial amount of which is acknowledged by the parties change, alter and amend, and to be [***]. Notwithstanding the foregoing, Tenant shall at enforce against 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 users of the parking facility by Tenant. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Project. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all Employee Parking Area, reasonable rules and regulations which are prescribed (including the exclusion of parking from time designated areas and the assignment of spaces to time tenants) as may been deemed necessary and advisable for the orderly proper and efficient operation and use maintenance of the parking facility where Tenant Employee Parking Area including, without limitation, the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's exercise of commercially reasonable efforts to cause that Tenant's employees and visitors also comply with such rules and regulations, and hours during which the Tenant not being in default under this Lease. To the extent reasonably necessary to ensure Tenant's parking rights and obligations hereunder are readily available to and maintained Employee Parking Area shall be open for use 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 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 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. [***] Confidential portions of this document have been redacted and filed separately with the Commissiontenants.

Appears in 1 contract

Samples: Office Lease (Insys Therapeutics, Inc.)

TENANT PARKING. 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 other tenants of 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 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 the 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, as applicable (as such terms are defined in Section 8 of Exhibit H attached hereto), Tenant shall be entitled to utilizerent from Landlord the parking spaces which would be allocated thereto, [***], commencing on the Lease Commencement Date, the amount at a ratio of three (3) parking passes set forth in Section 9 spaces per 1,000 square feet of the Summary (provided that any visitor parking spaces and/or handicap parking spaces required by Applicable Laws due 20,000 Expansion Space and the 40,000 Expansion Space, as applicable, at the same rates and at the same ratio of Premier Spaces to Tenant's occupancy shall be included as part of the number passes provided Standard Spaces, and on all other terms applicable to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the 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 structure 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, herein. Tenant shall have the right option to rent up any or all of such spaces, provide that upon agreeing to twenty-five (25) passesrent any such space, each relating Tenant shall be obligated 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 continue to rent such Reserved Pass must be exercised by Tenant, if at all, pursuant space until Tenant is obligated to a written notice to Landlord expressing Tenants' desire to rent cease use of any such Reserved Passes for a minimum of twelve (12) consecutive calendar monthsspace. Tenant shall pay to Landlord for each Reserved Pass so rented and on a monthly basis, the then-prevailing rate charged from time to time at the location cease use of all such parking passes (spaces which would be allocated to the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at 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 20,000 Expansion Space or the use 40,000 Expansion Space, as applicable, as of the parking facility by Tenantdate a tenant takes occupancy of the 20,000 Expansion Space, and the 40,000 Expansion space, as applicable. All remaining parking passes which Landlord is required to provide to Tenant The Parking Facilities shall be applicable designed to the surface parking areas of the Project. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's exercise of commercially reasonable efforts to cause that allow Tenant's employees and visitors also comply with such rules and regulationsor guests to be issued parking entry passes which do not distinguish Premier Space parking from Standard Space parking, and Tenant not being in default under this Lease. To allow such parties to enter into the extent reasonably necessary to ensure Premier Parking area so long as 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 regard to such Project parking facilities. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects allotment of the Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease (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 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. [***] Confidential portions of this document have been redacted and filed separately with the CommissionPremier Spaces is not then fully occupied.

Appears in 1 contract

Samples: Office Lease Agreement (Athenahealth Inc)

TENANT PARKING. Tenant shall be entitled to utilize, [***], commencing on the Lease Commencement Date, the amount of rent from Landlord 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 the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas Term in the 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 structure 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 amount set forth in Section 9 11 of the SummarySummary for the Premises ("TENANT'S MAXIMUM PARKING ALLOCATION"), the location of which unreserved parking passes shall 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 Premises may implement a tandem and/or valet parking system, 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 have the right be obligated to rent up from Landlord all of the parking passes that Landlord is able to twenty-five (25) passes, each relating provide to one (1) reserved parking space located on the second (2nd) level of Parking Structure B on a monthly basis Tenant from time to time throughout the remainder of the entire Lease Term (up to Tenant's Maximum 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 (12Parking Allocation) consecutive calendar months. Tenant shall pay to Landlord for each Reserved Pass so rented and automobile parking passes on a monthly basis, basis the then-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 passes 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, that Landlord and Tenant acknowledge and agree that such prevailing rate in effect as of the Lease 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 not exceed One Hundred Thirty Dollars ($130.00) per pass, per month during such period (the initial amount of which is acknowledged by the parties to be [***]"PARKING RATE CREDIT"). Notwithstanding the foregoingIn addition, Tenant shall at all times 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. All remaining Notwithstanding anything above to the contrary, Landlord and Tenant acknowledge and agree that with respect to the 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 which 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 is required shall be obligated to provide to Tenant and Tenant shall be applicable 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 surface parking areas Expansion Space shall be subject to all of the Project. other terms and conditions of this Article 28, including, but not limited to, Tenant's continued obligation to pay to Landlord for such parking passes the then prevailing rate as provided above (not taking into account the Parking Rate Credit as set forth above) (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 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 above on the first (1st) day of 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 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 use the designate that up to thirty-five (35) of Tenant's unreserved parking passes is conditioned upon may be utilized by Tenant abiding 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 holder of such card to park in the Project parking facilities for a maximum of eight and one-half (8 1/2) hours. Tenant shall abide by all Applicable Laws and all reasonable, non-discriminatory rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, located and upon Tenant's exercise of commercially reasonable efforts to cause cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease. To the 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 regard to such Project parking facilities. Landlord specifically reserves the right to change the location, size, configuration, design, layout and all other aspects of the 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 this Lease (except to the extent expressly set forth as provided in Section 3.2 19.5.2 of this Lease, above), from time to time, close-off or restrict access to the Project parking facility in question for purposes of permitting or facilitating any such construction, alteration or improvements. During any period of closure of or restricted access improvements provided that such modifications may only be made by Landlord to the Project parking areas, 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 responsible conducted in a manner which will minimize material interference with Tenant's Permitted Use, which efforts shall include, to provide the extent reasonably necessary, providing Tenant with reasonable replacement alternative parking at no additional cost to Tenant. Landlord may totally or partially delegate its responsibilities hereunder to a parking operator in reasonable proximity which case such parking operator shall have all the rights of control delegated by Landlord. The parking passes rented by Tenant pursuant to this Article 28 are provided to Tenant solely for use by Tenant's own personnel (not including Tenant's invitees and guests) and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant except on a pro rata basis in connection with reasonable access to an assignment of subletting of the Premises. [***] Confidential portions of this document have been redacted and filed separately Premises permitted or approved in accordance with the Commissionterms and conditions of Article 14.

Appears in 1 contract

Samples: Office Lease (Etoys Inc)

TENANT PARKING. Tenant shall be entitled to utilize, [***]lease, commencing on the Lease Commencement Date, the amount of 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 the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the 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 structure 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 throughout the right to rent up to twenty-five (25) Lease Term. Of such parking passes, two (2) passes for each relating to 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 III\Health Net\JS\December 22, 2003 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 designated for covered reserved parking space located on the second (2nd) level of at locations within 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 Two reasonably determined 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 monthsLandlord. Tenant shall pay to Landlord or, at Landlord’s option, “Landlord’s Designee” (as that term is defined in this Article 18 below), for each Reserved Pass so rented and all such automobile parking passes, on a monthly basis, the then-prevailing rate charged from time to time at the location of such for parking passes (in the initial amount of which is acknowledged by the parties to be [***]parking facility or facilities. Notwithstanding the foregoingIn addition, Tenant Xxxxxx shall at 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. All remaining Notwithstanding anything to the contrary contained herein, all parking passes which Landlord is required to provide to charges shall be fifty percent (50%) of the prevailing rate for the Project commencing on January 1, 2005 and continuing through the end of the sixtieth (60th) month of the Term of this Lease. Commencing on January 1, 2010 and continuing throughout the remainder of the Term, the parking charges shall be seventy-five percent (75%) of the prevailing rate for Project parking. Tenant shall be applicable to the surface parking areas also receive monthly validation credits for fifty percent (50%) of the Projectall validation costs that exceed $2,750 per month. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding 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 shall cooperate in good faith to have Tenant's exercise of commercially reasonable efforts to cause that Tenant's ’s employees and visitors also comply with such rules Rules and regulations, and Tenant not being in default under this Lease. To the 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 regard to such Project parking facilitiesRegulations. Landlord specifically reserves the right right, at any time, to (i) change the size, configuration, design, layout and all other aspects of the Project 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 (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 Project 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. During any period of closure of or restricted access to Landlord may lease the Project parking areas, Landlord enter into a license agreement or otherwise delegate its responsibilities under this Article 18 to a parking operator (“Landlord’s Designee”) in which case Landlord’s Designee shall have all the rights attributed under this Article 18 to the Landlord. The parking passes leased by Tenant pursuant to this Article 18 are provided to Tenant solely for use by Xxxxxx’s own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by 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 shall be responsible entitled to provide Tenant with reasonable replacement parking validations for visitor parking at the rates prevailing from time to time for such validation parking in reasonable proximity and with reasonable access the Project, subject to the Premises. [***] Confidential portions of discount specified above in this document have been redacted and filed separately with the CommissionArticle 18.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

TENANT PARKING. Tenant shall be entitled to utilize, [***], use commencing on the Lease Commencement Date, up to 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 the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the Project designated for Tenant's exclusive use or designated for all access use; provided, however, that in connection with the foregoing, (i“Unreserved Parking Passes”) the entirety of the Project parking structure 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, 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 passes for up to twenty-five (255) passes, each relating to one (1) reserved parking space located on the second (2nd) level of Executive Level Parking Structure B on a monthly basis Passes throughout the remainder of the Lease Term (the "Reserved PassesExecutive Level Parking Right"); provided that the right to rent such Reserved Pass Executive Level Parking Right must be exercised by TenantTenant (i) during the first twelve (12) months of the Lease Term, if at all, and (ii) pursuant to a written notice to Landlord expressing Tenants' desire 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, provided that in no event shall Tenant be entitled to rent such Reserved more than the amount of Unreserved Parking Passes set forth in Section 9 of the Summary. In addition, subject to availability (as solely determined by Landlord), Tenant may rent, on a month-to-month basis, additional parking passes for a minimum of twelve unreserved parking spaces in the Project parking facility (12) consecutive calendar months“Monthly Unreserved Passes”). Tenant shall pay to Landlord (or its designee) for each Reserved Pass so rented and all parking passes it uses from time to time on a monthly basis, basis at the then-prevailing rate charged from time to time at the location of such parking passes passes; provided, however, the parking rate during the first Lease Year shall be (A) $150.00 per month per Unreserved Parking Passes, and (B) $265.00 per month per Executive Level Parking Pass. Thereafter the initial amount monthly rate for any such Unreserved Parking Passes and Executive Level Parking Passes shall be at the prevailing rate charged by Landlord from time to time at the location of which is acknowledged such parking passes. The monthly rate for all Monthly Unreserved Passes shall be at the prevailing rate charged by Landlord from time to time at the parties location of 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 [***]. Notwithstanding charged to Tenant in connection with its parking of automobiles in the foregoingProject parking facility, Tenant shall at 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. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Project. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's exercise of commercially reasonable efforts to cause cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations, regulations and Tenant not being in default under this Lease. To the extent reasonably necessary to ensure Tenant's parking rights Lease beyond applicable notice 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 facilitiescure periods. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease (except to the extent expressly set forth in Section 3.2 of this Lease, above), from time to time, temporarily close-off or restrict access to the Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. During any period Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of closure of or restricted access control attributed hereby to the Project Landlord. The parking areaspasses 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 without Landlord's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord shall be responsible may establish, at the validation rate from time to provide Tenant with reasonable replacement parking in reasonable proximity and with reasonable access time generally applicable to the Premises. [***] Confidential portions of this document have been redacted and filed separately with the Commissionvisitor parking.

Appears in 1 contract

Samples: Office Lease (Concur Technologies Inc)

TENANT PARKING. Tenant shall be entitled to utilize, [***]the exclusive use, commencing on the Lease Commencement Date, the amount of parking passes set forth in Section 9 of the Summary (provided that any visitor surface parking spaces and/or handicap parking spaces required by Applicable Laws due to Tenant's occupancy shall be included as part of the number passes provided to Tenant), on a monthly basis throughout the Lease Term, which parking passes shall pertain to those certain spaces located within parking areas in the Project designated for Tenant's exclusive use or designated for all access use; provided, however, that in connection with the foregoing, (ilot(s) the entirety of the Project parking structure commonly referred to as depicted on Schedule 28 attached hereto ("Tenant's Parking Structure A," which contains a total Areas"). Tenant, through its payment of eight hundred thirty-three (833) parking spacesCAM Expenses, 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 each Reserved Pass so rented and on a monthly basis, the then-prevailing rate charged from time to time at the location of such parking passes (the initial amount of which is acknowledged by the parties to be [***]. Notwithstanding the foregoing, Tenant shall at 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. All remaining parking passes which Landlord is required to provide to Tenant shall be applicable to the surface parking areas of the Project's Parking Areas. Tenant's continued right to use the parking passes Tenant's Parking Areas is conditioned upon Tenant abiding by all reasonable rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by LandlordTenant's Parking Areas, Tenant's exercise of commercially reasonable efforts to cause cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations, and Tenant not being in default under this Lease. To the 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 regard to such Project parking facilities. Landlord specifically reserves the right to change cause the modification of the size, configuration, design, layout and all other aspects of parking at the Project parking facility at any time and and, in connection therewith, Tenant acknowledges and agrees that Landlord maythat, 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 Landlord shall have the right to temporarily provide alternative parking (with the substantially the same amount of parking stalls) within the Project so long as such alternative parking facility for purposes of permitting or facilitating any such constructionshall not be significantly less convenient than Tenant's Parking Areas or, alteration or improvements. During any period of closure of or restricted access if necessary, permanently relocate Tenant's Parking Areas to other parking lots within the Project parking areasreasonably acceptable to Tenant. The right to use the Tenant's Parking Areas granted to Tenant pursuant to this Article 28 is solely for Tenant's own personnel and may not be transferred, Landlord shall be responsible to provide assigned, subleased or otherwise alienated by Tenant without Landlord's prior approval, except on a pro-rata basis in connection with reasonable replacement parking an assignment or subletting of the Premises permitted or approved in reasonable proximity and accordance with reasonable access to the Premises. [***] Confidential portions TCCs of Article 14 of this document have been redacted and filed separately with the CommissionLease.

Appears in 1 contract

Samples: Lease Agreement (Broadcom Cayman L.P.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!