Common use of Use of Parking Clause in Contracts

Use of Parking. (1) During the Term, Tenant shall have the right to use (on a non-exclusive first-come, first-served basis) the Parking Spaces (as defined in Section 1.Q hereof) for the unreserved parking of passenger automobiles in the parking areas designated from time to time by Landlord for the use of tenants of the Building (the "Parking Lot"). Landlord reserves the right to institute either a valet parking system or a self-parking system. Tenant and its employees shall observe reasonable precautions in the use of the Parking Lot and shall at all times abide by all rules and regulations governing the use of the Parking Lot promulgated by Landlord or the operator of the Parking Lot (the “Parking Lot Operator”). The Parking Lot will remain open on Monday through Friday (excluding Holidays) and during the Building Hours. Landlord reserves the right to close the Parking Lot during periods of unusually inclement weather or for repairs. At all times when the Parking Lot is closed, monthly permit holders shall be afforded access to the Parking Lot by means of a magnetic card or other procedure provided by Landlord or the Parking Lot Operator. Tenant shall not use parking areas for repair of vehicles or for the overnight storage of vehicles. It is understood and agreed that Landlord assumes no responsibility, and shall not be held liable, for any damage or loss to any automobiles parked in the parking facilities or to any personal property located therein or for any injury sustained by any person in or about the parking facilities. In the event that Tenant uses less than the number of spaces provided for in this Lease at any time, Tenant’s right to use such spaces shall thereafter be decreased to the number of spaces Tenant is actually using. At Landlord’s election, Tenant shall access such Parking Lot by means of an electronic access gate currently operated by electronic access cards, and Tenant shall deposit with Landlord Twenty Dollars ($20.00) for each access card requested by Tenant; provided, however, that Tenant shall receive a number of such access cards in the same number of Parking Spaces then provided to Tenant under this Lease without charge at such time as Landlord implements such system, and thereafter Landlord shall charge Tenant the prevailing rates for any additional or replacement access cards. Landlord reserves the right to modify in any way Landlord deems appropriate the manner in which the Parking Lot is accessed during the Term. (2) Landlord’s granting of parking rights hereunder does not create a bailment between the parties, it being expressly agreed that the only relationship created between Landlord and Tenant hereby is that of right grantor and right grantee. All motor vehicles (including all contents thereof) shall be in the Parking Lot at the sole risk of their owners and Tenant, and Landlord is not responsible for the protection and security of such vehicles. Neither Landlord nor any agent, employee or contractor of Landlord shall have any liability for any property damage or personal injury arising out of or in connection with said motor vehicles, and Tenant shall indemnify and hold Landlord and any agent, employee or contractor of Landlord harmless from and against all demands, claims, damages, costs, expenses, liabilities, or causes of action arising out of or connected with use of the Parking Lot by Tenant or by any of Tenant's employees, agents, invitees, guests, assignees, subtenants, contractors or visitors (collectively, "Tenant's Invitees"), or any acts or omissions arising out of or in connection with said motor vehicles. (3) In its use of the Parking Lot, Tenant will follow all terms of all applicable Rules and Regulations enacted by Landlord with respect to the Building and/or the Parking Lot, shall observe reasonable safety precautions in the use of the Parking Lot, and will cause Tenant’s Invitees to do the same. Any violation of said applicable Rules and Regulations or failure by Tenant to pay parking fees will constitute a Default hereunder. Upon any such Default, in addition to Landlord’s other rights and remedies, Landlord may terminate Tenant’s rights to lease parking spaces in the Parking Lot in accordance with the terms of Section 34.A.(1). above. (4) If: (i) all or a portion of the Parking Lot is damaged by fire or other casualty or taken by power of eminent domain or purchased in lieu thereof by any governmental authority, (ii) the insurance proceeds payable as a result of a casualty to the Parking Lot are applied to a Mortgage, or (iii) there is any material uninsured loss to the Parking Lot, Landlord may terminate Tenant’s right to lease spaces in the Parking Lot in accordance with the terms of subsection (1) above. If Landlord does not so elect to terminate such rights of Tenant pursuant to the foregoing provisions of this Section 34.A.(4), then: (1) Landlord will either (a) proceed to restore the Parking Lot (and Landlord shall have no obligation to provide any alternative parking while such restoration is being performed), or (b) not restore the Parking Lot, but provide Tenant, at Tenant’s sole cost and expense, with alternate parking throughout the remainder of the Term (if such alternative parking is reasonably available under the circumstances).

Use of Parking. (1) During the Term, Tenant shall have the right to use (on a non-exclusive first-come, first-served basis) a number of parking permits which is equal to a ratio of one (1) permit for each 580 square feet of rentable area then being leased by Tenant in the Building (the “Parking Spaces (as defined in Section 1.Q hereofPermits”) for the unreserved parking of passenger automobiles in the parking areas designated from time to time by Landlord for the use of tenants of the Building (the "“Garage”). The charge for such Parking Lot"Permits shall be the prevailing rate charged from time to time by Landlord or the operator of the Garage (the “Garage Operator”). Notwithstanding the foregoing, Landlord does not guarantee the availability of such monthly Parking Permits to Tenant during the second (2nd) or any subsequent month of the Term if and to the extent that Tenant does not purchase such monthly Parking Permits during the first (1st) month and each subsequent month of the Term; provided, however, that in the event Tenant at any time fails to purchase any of the monthly Parking Permits made available to Tenant hereunder, Landlord agrees that, upon at least sixty (60) days’ prior notice from Tenant, Landlord will again make available to Tenant the Parking Permits that were previously unpurchased by Tenant. Landlord reserves the right to institute either a valet parking system or a self-self parking system. Tenant and its employees shall observe reasonable precautions in the use of the Parking Lot Garage and shall at all times abide by all rules and regulations governing the use of the Parking Lot Garage promulgated by Landlord or the operator of the Parking Lot (the “Parking Lot Garage Operator”). The Parking Lot Garage will remain open on Monday through Friday (excluding Holidays) and during the Building Hours. Landlord reserves the right to close the Parking Lot Garage during periods of unusually inclement weather or for repairs. At all times when the Parking Lot Garage is closed, monthly permit holders shall be afforded access to the Parking Lot Garage by means of a magnetic card or other procedure provided by Landlord or the Parking Lot Garage Operator. Tenant shall Landlord does not use parking areas for repair of vehicles or for the overnight storage of vehicles. It is understood and agreed that Landlord assumes no responsibility, assume any responsibility and shall not be held liable, liable for any damage or loss to any automobiles parked in the parking facilities automobile or to any personal property located therein in or about the Garage or for any injury sustained by any person in or about the parking facilitiesGarage. In Tenant shall have the event that Tenant uses less than the number of spaces provided for in this Lease at any time, Tenant’s right to use such spaces shall thereafter be decreased to the number of spaces Tenant is actually using. At Landlord’s election, Tenant shall access such Parking Lot Garage by means of an electronic access gate currently operated by electronic access cards, and after distribution of the initial number of access cards to Tenant following Tenant’s occupancy of the Premises, Tenant shall deposit with be required to pay to Landlord Twenty Dollars ($20.00) for each additional or replacement access card requested by Tenant; providedTenant (i.e., however, that Tenant shall receive a number of such access cards that are in the same number of Parking Spaces then addition to those initially provided to Tenant under at the time that it leases space pursuant to this Lease without charge Lease, both at such the beginning of the Term and at any time as Landlord implements such system, and thereafter Landlord shall charge Tenant the prevailing rates for any additional or replacement access cardsthereafter). Landlord reserves the right to modify in any way Landlord deems appropriate the manner in which the Parking Lot Garage is accessed during the Term. Tenant shall not use the Garage for the overnight storage of vehicles. (2) Subject to the limitations imposed thereon from time to time by Landlord and/or the Garage Operator, Tenant’s customers and visitors shall have the right to use available spaces in the Garage for the purpose of parking their vehicles therein while visiting the Premises. Tenant’s customers and visitors shall pay the then current hourly parking fees established by Landlord and/or the Garage Operator, as adjusted from time to time, for the privilege of using the Garage. The foregoing shall in no way be construed to impose upon Landlord any obligation to provide customer parking for Tenant. (3) Landlord’s granting of parking rights hereunder does not create a bailment between the parties, it being expressly agreed that the only relationship created between Landlord and Tenant hereby is that of right grantor and right grantee. All motor vehicles (including all contents thereof) shall be in the Parking Lot Garage at the sole risk of their owners and Tenant, and Landlord is not responsible for the protection and security of such vehicles. Neither Landlord nor any agent, employee or contractor of Landlord shall have any liability for any property damage or personal injury arising out of or in connection with said motor vehicles, and Tenant shall indemnify and hold Landlord and any agent, employee or contractor of Landlord harmless from and against all demands, claims, damages, costs, expenses, liabilities, or causes of action arising out of or connected with use of the Parking Lot by Tenant or by any of Tenant's employees, agents, invitees, guests, assignees, subtenants, contractors or visitors (collectively, "Tenant's Invitees"), or any acts or omissions arising out of or in connection with said motor vehicles. (34) In its use of the Parking LotGarage, Tenant will follow all terms of all applicable Rules and Regulations enacted by Landlord with respect to the Building and/or the Parking LotGarage, shall observe reasonable safety precautions in the use of the Parking LotGarage, and will cause Tenant’s Invitees to do the same. Any If a violation of said applicable Rules and Regulations occurs or failure by Tenant if an individual xxxxxx fails to pay parking fees will constitute a Default hereunder. Upon any fees, Landlord shall have the right to revoke such Defaultindividual xxxxxx’x right to use his or her Parking Permit, which shall be in addition to Landlord’s other rights and remedies, Landlord may terminate Tenant’s rights to lease parking spaces in the Parking Lot in accordance with the terms of Section 34.A.(1). aboveremedies under this Lease. (45) If: (i) all or a portion of the Parking Lot Garage is damaged by fire or other casualty or taken by power of eminent domain or purchased in lieu thereof by any governmental authority, (ii) the insurance proceeds payable as a result of a casualty to the Parking Lot are applied to a Mortgage, or (iii) there is any material uninsured loss to the Parking Lot, Landlord may terminate Tenant’s right to lease spaces in the Parking Lot in accordance with the terms of subsection (1) above. If Landlord does not so elect to terminate such rights of Tenant pursuant to the foregoing provisions of this Section 34.A.(4), authority then: (1) Landlord will either (a) proceed to restore the Parking Lot Garage (and Landlord shall have no obligation to provide any alternative parking while such restoration is being performed), or (b) not restore the Parking LotGarage, but provide Tenant, at Tenant’s sole cost and expense, with alternate parking throughout the remainder of the Term (if such alternative parking is reasonably available under the circumstances).

Use of Parking. (1) During the Term, Tenant shall have the right to use the Parking Permits (as defined in Section 1.Q hereinabove) for the parking of passenger automobiles in the parking garage (the “Garage”) in the Building to be constructed by Landlord in accordance with the Base Building Plans (as defined in Exhibit C attached to this Lease and made a part hereof), which Parking Permits shall be on a non-exclusive exclusive, first-come, first-served basis) the Parking Spaces (as defined in Section 1.Q hereof) basis for the unreserved parking of passenger automobiles in the Garage. Notwithstanding anything to the contrary set forth in this Lease, in no event shall Landlord grant rights for, or otherwise permit, the parking areas designated from of such number of vehicles in the Garage such that all Parking Permits purchased by Tenant may not be used to passenger automobiles in the Garage at any time during any day, and Landlord shall not “over-sell” parking privileges in the Garage such that the holder of any Parking Permit purchased pursuant to this Section 34 may not drive his/her vehicle out of the Garage within a reasonable time by Landlord after entering such vehicle. The Garage shall be operated with personnel comparable in number to that which staff parking garages in Comparable Buildings and with sufficient personnel in order that anyone who parks a vehicle in the Garage may exit the Garage within a reasonable time after entering his/her vehicle. Except as specifically set forth in Section 34.B. hereof, the charge for all such Parking Permits for Tenant’s use pursuant to the provisions of this Lease for both reserved parking spaces and unreserved parking spaces, as applicable, shall be the prevailing market rate charged in Comparable Buildings for the use respective type of tenants of the Building (the "Parking Lot")parking space. Landlord reserves shall have the right to institute either valet park vehicles in the Garage; provided, however, the vehicles of personnel who work in the Premises, hold monthly parking spaces and are identified by Tenant to Landlord in writing shall not be valet parked if they are identified as such by a means which Landlord shall establish prior to the Lease Commencement Date. Landlord shall have no right to valet parking system or a self-parking systempark the vehicles of personnel working in the Premises without the prior consent of Tenant, which consent may be withheld in Tenant’s sole and absolute discretion. Tenant and its employees shall observe reasonable precautions in the use of the Parking Lot Garage and shall at all times abide by all reasonable rules and regulations governing the use of the Parking Lot Garage promulgated by Landlord or the operator of the Parking Lot Garage (the “Parking Lot Garage Operator”), which rules and regulations shall be consistent with rules and regulations that are adopted by landlords and parking garage operators for parking garages in Comparable Buildings. The Parking Lot Garage will remain open on Monday through Friday (excluding Holidays) and during the Building Hours. Landlord reserves the right to close the Parking Lot during periods of unusually inclement weather or for repairs. At all times when the Parking Lot Garage is closed, monthly permit holders shall be afforded access to the Parking Lot Garage by means of a magnetic card or other procedure provided by Landlord or the Parking Lot Operator. Tenant shall not use parking areas for repair of vehicles or for the overnight storage of vehicles. It is understood and agreed that Landlord assumes no responsibilitycard, and which shall not be held liable, the same access key card given to such permit holder for access to the Building. Landlord does not assume any responsibility for any damage or loss to any automobiles parked in the parking facilities automobile or to any personal property located therein or for any injury sustained by any person in or about the parking facilitiesGarage, except to the extent otherwise provided under Section 14.C above. In the event that Tenant uses purchases less than the number of spaces provided for in this Lease Parking Permits set forth above, at any time, Tenant’s then Tenant shall thereafter have the right to use purchase such spaces shall thereafter be decreased Parking Permits or any portion thereof, upon at least sixty (60) days prior notice to Landlord. At any time during the Term, Tenant may decrease the number of spaces Tenant is actually usingParking Permits purchased by it. At Landlord’s election, Tenant shall have the right to access such Parking Lot Garage at all times by means of an electronic access gate currently operated by electronic access cards, and Tenant which Landlord shall deposit with Landlord Twenty Dollars ($20.00) activate to permit access to the Garage for each access card requested Parking Permit purchased by Tenant; provided, however, that Tenant shall receive a number of such access cards in the same number of Parking Spaces then provided to Tenant under this Lease without charge at such time as Landlord implements such system, and thereafter Landlord shall charge Tenant the prevailing rates for any additional or replacement access cards. Landlord reserves the right to reasonably modify in any way Landlord deems appropriate the manner in which the Parking Lot Garage is accessed during the Term. (2) Landlord shall maintain a specific section within the Garage located near elevator banks on the main floor of the Garage for visitor parking to serve tenants of the Building. Subject to the terms of this Section, Tenant’s customers and visitors shall have the right to use available spaces in the Garage for the purpose of parking their vehicles therein while visiting the Premises. Tenant’s customers and visitors shall pay the then current hourly parking fees established by Landlord and/or the Garage Operator, for the privilege of using the Garage, which hourly parking fees shall not exceed the prevailing market rate for hourly parking in Comparable Buildings; provided, however, that if Tenant elects to establish a parking validation program and if Tenant’s clients and visitors follow reasonable and customary procedures established therefor by Landlord and/or the Garage Operator, which shall include obtaining a validation stamp from Tenant on such customer’s parking ticket, which procedures may be subject to change from time to time, then (i) Tenant’s customers and visitors will receive a discount of the then current hourly parking fees payable by visitors to the Building in such amount as is agreed to by Tenant and Landlord (or Landlord’s garage operator), which discount shall be no less than such discounts generally provided to significant-sized tenants by landlords for visitor parking in Comparable Buildings. (3) Landlord’s granting of parking rights hereunder does not create a bailment between the parties, it being expressly agreed that the only relationship created between Landlord and Tenant hereby is that of right grantor and right grantee. All motor vehicles which are the subject of Parking Permits issued by Landlord pursuant to this Lease (including all contents thereof) shall be in the Parking Lot Garage at the sole risk of their owners and Tenantowners, except to the extent otherwise provided in Section 14.C above, and Landlord is not responsible for the protection and security of such vehicles. Neither Landlord nor any agent, employee or contractor of Landlord shall have any liability for any property damage or personal injury arising out of or in connection with said motor vehicles, and Tenant shall indemnify and hold Landlord and any agent, employee or contractor of Landlord harmless from and against all demands, claims, damages, costs, expenses, liabilities, or causes of action arising out of or connected with use of the Parking Lot by Tenant or by any of Tenant's employees, agents, invitees, guests, assignees, subtenants, contractors or visitors (collectively, "Tenant's Invitees"), or any acts or omissions arising out of or in connection with said motor vehicles. (34) In Subject to the terms of Section 13, in its use of the Parking LotGarage, Tenant will follow all terms of all applicable Rules reasonable rules and Regulations regulations enacted by Landlord, provided Landlord delivers to Tenant at least thirty (30) days prior notice, and which are generally applicable to all vehicle parkers with respect to the Building and/or the Parking Lot, shall observe reasonable safety precautions in the use of the Parking Lot, and will cause Tenant’s Invitees to do the same. Any violation of said applicable Rules and Regulations or failure by Tenant to pay parking fees will constitute a Default hereunder. Upon any such Default, in addition to Landlord’s other rights and remedies, Landlord may terminate Tenant’s rights to lease parking spaces in the Parking Lot in accordance with the terms of Section 34.A.(1). aboveGarage. (4) If: (i) all or a portion of the Parking Lot is damaged by fire or other casualty or taken by power of eminent domain or purchased in lieu thereof by any governmental authority, (ii) the insurance proceeds payable as a result of a casualty to the Parking Lot are applied to a Mortgage, or (iii) there is any material uninsured loss to the Parking Lot, Landlord may terminate Tenant’s right to lease spaces in the Parking Lot in accordance with the terms of subsection (1) above. If Landlord does not so elect to terminate such rights of Tenant pursuant to the foregoing provisions of this Section 34.A.(4), then: (1) Landlord will either (a) proceed to restore the Parking Lot (and Landlord shall have no obligation to provide any alternative parking while such restoration is being performed), or (b) not restore the Parking Lot, but provide Tenant, at Tenant’s sole cost and expense, with alternate parking throughout the remainder of the Term (if such alternative parking is reasonably available under the circumstances).

Use of Parking. (1) During the Term, Tenant shall have the exclusive right to use (on a non-exclusive first-come, first-served basis) the Parking Spaces (as defined in Section 1.Q hereof) for the unreserved parking of passenger automobiles in the parking areas designated from time to time by Landlord for the use of tenants of the Building (the "Parking LotArea"). Landlord reserves ) for the right to institute either a valet unreserved parking system or a self-parking systemof passenger automobiles. Tenant and its employees shall observe reasonable precautions in the use of the Parking Lot Area and shall at all times abide by all rules and regulations governing the use of the Parking Lot Area promulgated by Landlord or the operator of the Parking Lot Area (the “Parking Lot Area Operator”). The Parking Lot will remain open on Monday through Friday (excluding Holidays) and during the Building Hours. Landlord reserves the right to close the Parking Lot Area during periods of unusually inclement weather or for repairs. At all times when the Parking Lot Area is closed, monthly permit holders shall be afforded access to the Parking Lot Area by means of a magnetic card or other procedure provided by Landlord or the Parking Lot Area Operator. Tenant shall not use parking areas for repair of vehicles or for the overnight storage of vehicles. It is understood and agreed that Landlord assumes no responsibility, and shall not be held liable, for any damage or loss to any automobiles parked in the parking facilities or to any personal property located therein or for any injury sustained by any person in or about the parking facilities. In the event that Tenant uses less than the number of spaces provided for in this Lease at any time, Tenant’s right to use such spaces shall thereafter be decreased to the number of spaces Tenant is actually using. At Landlord’s election, Tenant shall access such Parking Lot by means of an electronic access gate currently operated by electronic access cards, and Tenant shall deposit with Landlord Twenty Dollars ($20.00) for each access card requested by Tenant; provided, however, that Tenant shall receive a number of such access cards in the same number of Parking Spaces then provided to Tenant under this Lease without charge at such time as Landlord implements such system, and thereafter Landlord shall charge Tenant the prevailing rates for any additional or replacement access cards. Landlord reserves the right right, upon thirty (30) days prior written notice, to modify in any way Landlord deems appropriate the manner in which the Parking Lot Area is accessed during the Term, so long as such modification does not have a material adverse effect on Tenant’s (and its agents’ and employees’) access to the Premises. (2) Landlord’s granting of parking rights hereunder does not create a bailment between the parties, it being expressly agreed that the only relationship created between Landlord and Tenant hereby is that of right grantor and right grantee. All motor vehicles (including all contents thereof) shall be in the Parking Lot Area at the sole risk of their owners and Tenant, and Landlord is not responsible for the protection and security of such vehicles. Neither Landlord nor any agent, employee or contractor of Landlord shall have any liability for any property damage or personal injury arising out of or in connection with said motor vehicles, and Tenant shall indemnify and hold Landlord and any agent, employee or contractor of Landlord harmless from and against all demands, claims, damages, costs, expenses, liabilities, or causes of action arising out of or connected with use of the Parking Lot Area by Tenant or by any of Tenant's employees, agents, invitees, guests, assignees, subtenants, contractors or visitors (collectively, "Tenant's Invitees"), or any acts or omissions arising out of or in connection with said motor vehicles. (3) In its use of the Parking LotArea, Tenant will follow all terms of all applicable Rules and Regulations enacted by Landlord with respect to the Building and/or the Parking LotArea, shall observe reasonable safety precautions in the use of the Parking LotArea, and will cause Tenant’s Invitees to do the same. Any violation of said applicable Rules and Regulations or failure by Tenant to pay parking fees will constitute a Default hereunder. Upon any such Default, in addition to Landlord’s other rights and remedies, Landlord may terminate Tenant’s rights to lease parking spaces in the Parking Lot Area in accordance with the terms of Section 34.A.(1). above. (4) If: (i) all or a portion of the Parking Lot Area is damaged by fire or other casualty or taken by power of eminent domain or purchased in lieu thereof by any governmental authority, (ii) the insurance proceeds payable as a result of a casualty to the Parking Lot Area are applied to a Mortgage, or (iii) there is any material uninsured loss to the Parking LotArea, Landlord may terminate Tenant’s right to lease spaces in the Parking Lot Area in accordance with the terms of subsection (1) above. If Landlord does not so elect to terminate such rights of Tenant pursuant to the foregoing provisions of this Section 34.A.(4), then: (1) Landlord will either (a) proceed to restore the Parking Lot Area (and Landlord shall have no obligation to provide any alternative parking while such restoration is being performed), or (b) not restore the Parking LotArea, but provide Tenant, at Tenant’s sole cost and expense, Tenant with alternate parking throughout the remainder of the Term (if such alternative parking is reasonably available under the circumstances)Term.