Common use of Use of Garage Clause in Contracts

Use of Garage. The Garage shall contain not less than the minimum number of parking spaces required by applicable governmental regulations, inclusive of handicapped parking spaces. Tenant, its customers and its employees, shall have the non-exclusive right to park standard size automobiles in those parking spaces in the Garage designed for such use by Landlord during the term of this Lease excluding, however, trucks, commercial vehicles and campers in excess of one ton capacity or possessing more than four (4) wheels, and vehicles with a height of greater than 6’8”, a length greater than 176” or a width greater than 8’. Tenant’s use of the such parking spaces shall be non-exclusive, it being understood that the parking spaces in the Garage designed by Landlord for use by Tenant, its invitees and employees and vendors, are open to others on a “first-come, first served” basis. Except for the reserved Parking Spaces let to Tenant at the initial BLI Rider rate (subject to adjustment) of at least one (1) parking space for each 1,000 RSF of the Premises. Landlord cannot guarantee that there will be parking spaces available for the use of Tenant, its invitees or employees, at all times or at any particular time. A limited number of monthly rental parking spaces may be available on a “first-come, first served” basis at monthly lease rates, plus tax, established by Landlord in Landlord’s discretion. Landlord does not represent that any of the monthly rental parking spaces will be available for Tenant or, if such spaces are initially available. Tenant agrees to cause all parties using parking spaces, including Tenant’s employees and invitees, to comply with the terms of this Lease regarding parking. Landlord reserves the right to utilize portions of the Garage in a “valet” style parking program. If Landlord establishes a valet parking program it shall be available to Tenant, at its option, and it may be used, or such use may be required, for other occupants of the Building and their guests, invitees, etc. Such valet service shall be operated by Landlord or an independent contractor engaged by Landlord and under Landlord’s management and supervision (hereinafter referred to as the ‘Valet Operator”). Landlord shall not make profit on providing valet parking services to the Tenant. The Valet Operator shall keep appropriate records of the cost of operating such services, the revenue derived from such valet services and the number of valet tickets validated by Tenant. If Landlord establishes a valet parking service, Tenant shall have the right to validate valet parking tickets for its customers. Such customers with validated parking tickets shall not be charged for valet parking by the Valet Operator. No less than quarterly, subject to reconciliation as provided in Section 3 hereof, Landlord shall submit to Tenant a statement showing for the preceding quarter the total expenses of the Valet Operator (including a reasonable fee) in providing such valet services, the total revenue therefrom, the total number of validated parking tickets and the total number of validated parking tickets by Tenant. Such statement shall also show the following: (i) the “Total Per Car Expense” which shall be determined by dividing such total expenses by the total number of cars parked by the Valet Operator during such period, and (ii) “Tenant’s Valet Parking Charge” which shall be determined by multiplying the number of parking tickets validated by Tenant during such period by the Total Per Car Expense for such period. Tenant shall pay Tenant’s Valet Parking Charge to Landlord within thirty (30) days after receipt of such statement. Tenant shall not be required to pay any other costs of valet parking pursuant to any other provisions of this Lease. Each year, with Landlord’s statement as required in Section 3 hereof, Landlord shall furnish Tenant with a statement showing for the preceding year, the total expenses of the Valet Operator, the total revenue, the total number of validated parking tickets, the total number of validated parking tickets by Tenant, and the Total Per Car Expense, Tenant’s Valet Parking Charge and the difference, if any, in the amount of Tenant’s Valet Parking Charge and the amount thereof paid by Tenant for such year. If the total amount paid under this subparagraph for any statement period shall be less than Tenant’s Valet Parking Charge for such period, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of such statement, and if the total amount paid by Tenant for Tenant’s Valet Parking Charge shall exceed the actual amount due from Tenant for such year, such excess shall be credited against the next installment of Tenant’s Valet Parking Charge due from Tenant to Landlord.