EXHIBIT 10.9
SUBLEASE AND CONSENT
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THIS SUBLEASE AND CONSENT ("Sublease") is made as of July 16, 1996, by and
between ARIZONA PHYSICIANS IPA, INC., an Arizona corporation ("Tenant"), having
an address at 0000 Xxxxx 0xx Xxxxxx, Xxxxxxx, Xxxxxxx 00000, INTERACTIVE FLIGHT
TECHNOLOGIES, INC., a Delaware corporation ("Sublessee") having a main address
at 0000 Xxxx Xxxx Xxxx, Xxx Xxxxx, Xxxxxx 00000 and AGF 4041 LIMITED
PARTNERSHIP, a Texas limited partnership ("Landlord"), having an address at 0000
Xxxxx Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, ATTN: Property
Management Office.
A. Landlord or its predecessor in interest, and Tenant or its predecessor
in interest, have heretofore entered into that certain Office Lease, dated
October 28, 1987 as amended by documents dated November 24, 1987, September 9,
1990, March 1, 1991, April 29, 1991, February 27, 1992 and including Lease
Extension Agreement dated July 19, 1993 (collectively the "Lease dated October
28, 1987") for the premises (the "Premises") described as Suite(s) or Room(s) X-
000, X-000 and B-200 in the property (the "Building") known as 4041 Central
Plaza, located at 0000 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxx 00000
(collectively, the "Master Lease"), a copy of which is attached hereto as
Exhibit "B".
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B. Sublessee desires to obtain space in the Building, Tenant desires to
sublease space to Sublessee, and Landlord is willing to approve the same, all on
the terms and conditions hereinafter set forth.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by all parties, the parties hereto
covenant and agree as follows:
1. Tenant shall and hereby does sublease to Sublessee and Sublessee shall
and hereby does sublease from Tenant all of Tenant's right and interest (except
as otherwise set forth herein) to Suite/Room B-100 and Suite/Room B-200
(containing approximately 24,781 rentable square feet) of the Premises, as more
fully described in the Master Lease (but excluding Suite A-200 described in the
Master Lease) and shown on Exhibit "A" attached hereto (the "Sublease
Premises").
2. The term of this Sublease shall commence on July 15, 1996 (the
"Commencement Date") and terminate on October 31, 1998 (the "Expiration Date"),
unless sooner terminated in accordance herewith and in accordance with the
Master Lease, subject to Section 9, below.
3. Sublessee shall pay Tenant as base rent (not including additional rent
and other charges), the sum of THIRTY THOUSAND NINE HUNDRED SEVENTY-SIX AND
25/100'S DOLLARS ($30,976.25), per month, plus tax, in advance on the first day
of each month, commencing, on July 15, 1996, and continuing each month
thereafter during the term of this Sublease. Basic Rent for the partial month
occurring at the beginning of the term of this Sublease shall be prorated based
upon a 30 day month and shall be paid in advance upon execution of this Sublease
by Sublessee. All other payments of basic rent shall be due and payable on or
before the first day of each calendar month. Sublessee shall pay all other sums
due as additional rental and other charges under the provisions of the Master
Lease on the base rental payment due date first occurring after the additional
rental payment arises. Any such additional rental obligations shall be prorated
based on the ratio of the rentable square footage of the Sublease Premises to
the rentable square footage of the Premises.
4. Tenant hereby acknowledges receipt of the sum of Thirty-One Thousand
Nine Hundred Fifty-Two and 00/100's Dollars ($31,952.00) as a security deposit
for the full and faithful performance-, of each and every provision of this
Sublease to be performed by Sublessee. If Sublessee shall fully and faithfully
perform every provision of this Sublease to be performed by Sublessee, said
Security Deposit shall be reassigned to Sublessee at the expiration of the term
of this Sublease. It is understood by the parties hereto that Tenant shall not
be required to keep said Security Deposit separate from its funds and Sublessee
shall not be entitled to any interest on the Security Deposit.
5. Sublessee shall perform and observe the terms and conditions to be
performed on the part of Tenant under the provisions of the Master Lease, except
for the payment of rent, and shall indemnify Tenant and Landlord against all
claims, damages, costs and expenses arising out of Sublessee's failure to
perform or observe any such terms or conditions, subject, however, to all the
express terms and conditions of this Sublease. If Sublessee shall default
hereunder and not cure within the time permitted for cure of such default under
the Master Lease, Tenant shall have all remedies against Sublessee provided for
Landlord under the Master Lease, and if such default shall constitute a default
under the Master Lease, Landlord shall have all remedies available to Landlord
thereunder.
6. This Sublease shall be of no force or effect unless and until executed
and delivered by all parties hereto. No provision of this Sublease may be
amended except in writing signed by all parties hereto or their successors. By
execution hereof, Tenant ratifies and reaffirms the Master Lease and Sublessee
acknowledges that it has received a complete and correct copy of the Master
Lease and is familiar with the terms thereof.
7. Neither the Master Lease, nor this Sublease shall be deemed to grant
Sublessee any rights whatsoever against Landlord. Sublessee hereby acknowledges
and agrees that its sole remedy for any alleged or actual breach of its rights
in connection with the Sublease Premises (as defined in the Sublease) shall be
solely against Tenant.
8. This Sublease shall not release Tenant from any existing or future
duty, obligation, payment or liability to Landlord pursuant to the Master Lease,
nor shall this Sublease change, modify or amend the Master Lease in any manner.
In particular, and without prejudice to the generality of the foregoing, this
Sublease shall not absolve Tenant from the requirement set forth in the Master
Lease that Tenant obtain Landlord's prior written approval for any further
subleases or assignments.
9. (a) In the event of any Master Lease Termination (as hereinafter
defined) prior to the termination of this Sublease, at Landlord's option,
Sublessee agrees to attorn to Landlord and to recognize Landlord as Sublessee's
Landlord under the Sublease, upon the terms and conditions and at the rental
rate specified in this Sublease, and for the then remaining term of this
Sublease, except that Landlord shall not be bound by any provision of this
Sublease which in any way increases Landlord's duties, obligation or liabilities
to Sublessee beyond those owed to Tenant under the Master Lease. Sublessee
agrees to execute and deliver at any time and from time to time, upon the
request of Landlord, any instruments which may be necessary or appropriate to
evidence such attornment. Landlord shall not (i) be liable to Sublessee for any
act, omission or breach of this Sublease by Tenant, (ii) be subject to any
offsets or defenses which Sublessee might have against Tenant, (iii) be bound by
any rent or additional rent which Sublessee might have paid in advance to
Tenant, or (iv) be bound to honor any rights of Sublessee in any security
deposit made with Tenant except to the extent Tenant has turned over such
security deposit to Landlord. Tenant hereby agrees that in the event of Master
Lease Termination, Tenant shall immediately pay or transfer to Landlord any
security deposits, rent or other sums then held by Tenant.
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(b) "Master Lease Termination" means any event, which by voluntary or
involuntary act or by operation of law, has caused or permitted the Master Lease
to be terminated, expire, be canceled, be foreclosed against, be forfeited, or
otherwise come to an end, including but not limited to (1) a default by Tenant
under the Master Lease of any of the terms or provisions thereof; (2)
foreclosure proceedings brought by the holder of any mortgage or trust deed to
which the Master Lease is subject; or (3) the termination of Tenant's leasehold
estate by dispossession proceeding or otherwise.
(c) In the event of adornment hereunder, Landlord's liability shall be
limited to matters arising during, Landlord's actual fee title ownership of the
Building, and in the event that Landlord (or any successor owner) shall convey
or dispose of the Building to another party, such party shall thereupon be and
become landlord hereunder and shall be deemed to have fully assumed and be
liable for all obligations under this Sublease to be performed by landlord which
first arise after the date of conveyance, including the return of any security
deposit, and Tenant shall attorn to such other party, and Landlord (or such
successor owner) shall, from and after the date of conveyance, be free of all
liabilities and obligations hereunder not then incurred. The liability of
Landlord to Sublessee for any default by Landlord under this Sublease after such
attornment, or arising in connection with Landlord's operation, management,
leasing, repair, renovation, alteration, or any other matter relating to the
Building or the Sublease Premises, shall be limited to the interest of the
Landlord in the Building (and proceeds thereof). Under no circumstances shall
any present or future general partner of Landlord (if Landlord is a
partnership), or individual trustee or beneficiary (if Landlord or any partner
of Landlord is a trust) have any liability for the performance of Landlord's
obligations under this Sublease.
(d) Tenant hereby agrees that within two (2) business days after
receipt, Tenant shall furnish Sublessee with any and all notices or other
communication, including, without limitation, notices of default, received from
Landlord pertaining to the Sublease Premises.
10. In addition to Landlord's rights under Section 9 hereof, in the event
Tenant is in default under any of the terms and provisions of the Master Lease,
Landlord may elect, at its option, to receive directly from Sublessee all sums
due or payable to Tenant by Sublessee pursuant to this Sublease, and upon
receipt of Landlord's notice, Sublessee shall thereafter pay Landlord any sums
becoming due or payable under this Sublease, and Tenant shall receive from
Landlord a corresponding credit for such sums against any and all payments then
due or thereafter becoming due from Tenant. Neither the service of such written
notice nor the receipt of such direct payments shall cause Landlord to assume
any of Tenant's duties, obligations and/or liabilities under this Sublease, nor
shall such event impose upon Landlord the duty or obligation to honor this
Sublease, nor subsequently to accept Sublessee's attornment pursuant to Section
9(a) hereof.
11. Sublessee hereby acknowledges that it has read and has knowledge of
all of the terms, provisions, rules and regulations of the Master Lease and
agrees not to do or omit to do anything which would cause Tenant to be in breach
of the Master Lease. Any such act or omission shall also constitute a breach of
this Sublease entitling Landlord to recover any damage, loss, cost, or expense
which it thereby suffers, from Sublessee, whether or not Landlord proceeds
against Tenant. If the Master Lease requires the payment of percentage rent,
based on a percentage of gross sales or other sales in or from the Premises,
Sublessee shall comply with all provisions of the Master Lease respecting the
same, including, without limitation, all requirements concerning the keeping of
books, records, and other items, and reporting of gross sales to Landlord. In
such case, Sublessee's sales shall be included in Tenant's gross sales for
purposes of computing Tenant's percentage rent obligations under the Master
Lease.
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12. In the event of any litigation between the parties hereto with respect
to the subject matter hereof, the unsuccessful party agrees to pay to the
successful party or parties all costs, expenses and reasonable attorneys' fees
incurred therein by the successful party or parties, which shall be included as
a part of any judgment or order rendered therein.
13. This Sublease shall be binding upon and inure to the benefit of the
parties' respective successors and assigns, subject at all times, to all
agreements and restrictions contained in the Master Lease, and herein, with
respect to subleasing, assignment, or other transfer. The agreements contained
herein constitute the entire understanding between the parties with respect to
the subject hereof, and supersede all prior agreements, written or oral,
inconsistent herewith. This Sublease may be amended only in writing, signed by
all parties hereto.
14. Notices required or desired to be given hereunder shall be effective
either upon personal delivery or twenty-four (24) hours after deposit in the
United States mail, by certified mail, return receipt requested, addressed to
the parties at the addresses set forth above. Any party may change its address
for notice by giving notice in the manner hereinabove provided.
15. In order to help reimburse Landlord's legal and administrative
expenses in reviewing this Sublease, Tenant shall have paid before or
contemporaneously with its submission hereof for Landlord's review the non-
refundable amount of Three Hundred and no/100 Dollars ($300.00) (the "Submission
Fee"). Landlord's acceptance of such Submission Fee shall impose no duty or
obligation upon Landlord to consent to the transaction contemplated herein nor
to execute this Sublease. In the event that the foregoing Submission Fee has not
been submitted before or contemporaneously with this Sublease, it shall become
due as an additional rental obligation under the Master Lease, payable upon
demand by Landlord, and shall become the joint and several obligation of the
Tenant, and in the event this Sublease is executed by Landlord, of Sublessee.
Tenant shall also promptly pay Landlord any share of subleasing premiums or
profits, or other items, required under the Master Lease in connection with
sublease approvals.
16. Notwithstanding anything to the contrary set forth herein or
elsewhere, if the Master Lease was guaranteed at the time of execution or at any
time prior hereto by any guarantor, then Landlord may at any time hereafter
declare all of its agreements in this Sublease to be null and void and of no
force and effect unless and until Landlord receives a counterpart of this
Sublease indicating the approval thereof by any and all such guarantor(s) and
their spouses.
17. Tenant and Sublessee agree to indemnify and hold Landlord harmless
from and against any loss, cost, expense, damage or liability, including
reasonable attorneys' fees, incurred as a result of a claim by any person or
entity (i) that it is entitled to a commission, finder's fee or like payment in
connection with this Sublease or (ii) relating to or arising out of this
Sublease or any related agreement or dealings.
18. [Intentionally Left Blank.]
19. Sublessee acknowledges and agrees that Sublessee has inspected the
Sublease Premises and agrees to accept the same "as is and with all faults"
without any agreements, representations, understandings or obligations on the
part of Tenant or Landlord to perform any alterations, repairs or improvements.
Any construction, alterations or improvements made to the Sublease Premises by
Sublessee shall be subject to Tenant's and Landlord's prior written approval
including without limitation, approval of plans, specifications, contractors and
subcontractors therefor, and all applicable terms and conditions of the Lease
relating to construction, alterations or improvements of the Premises,
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and such other reasonable requirements or conditions as Tenant or Landlord may
impose. During any period that Sublessee shall be permitted to enter the
Sublease Premises prior to the Commencement Date other than to occupy the same
(e.g., to perform alterations or improvements), Sublessee shall comply with all
terms and provisions of this Sublease, except those provisions requiring payment
of rentals. If Sublessee shall be permitted to enter the Sublease Premises
prior to the Commencement Date for the purpose of occupying the same, rentals
shall commence on such date; if Sublessee shall commence occupying only a
portion of the Sublease Premises prior to the Commencement Date, rentals shall
be prorated based on the number of rental square feet occupied by Sublessee.
THE RIDER ATTACHED HERETO IS HEREBY MADE A PART HEREOF AND IS BINDING
IN WITNESS WHEREOF, the following parties have executed this Sublease as of
the date first written above:
TENANT:
SAMARITAN HEALTH SYSTEM
By: /s/ Xxxxxx X. Zara
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Name Typed: Xxxxxx X. Zara
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Title: Senior Vice President
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SUBLESSEE:
INTERACTIVE FLIGHT TECHNOLOGIES, a
Delaware corporation
By: /s/ Xxxxxxx Xxxxx
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Name Typed: Xxxxxxx Xxxxx
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Title: CEO
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LANDLORD:
AGF 4041 LIMITED PARTNERSHIP
By: Addison AGF, Inc., a Texas corporation
By: /s/ Xxxxxxx Xxxxxxx
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Name Typed: Xxxxxxx Xxxxxxx
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Title: President
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RIDER ONE TO SUBLEASE AND CONSENT
THIS RIDER ONE TO SUBLEASE AND CONSENT ("Rider") is attached to and made a
part of that certain Sublease and Consent dated as of ________________, 1996, by
and between ARIZONA PHYSICIANS IPA, INC., as Tenant, INTERACTIVE FLIGHT
TECHNOLOGIES, INC., as Sublessee, and AGF 4041 LIMITED PARTNERSHIP, as Landlord.
In the event of any conflict between the terms and conditions of this Rider and
the terms and conditions of the Sublease, then this Rider shall govern and
control. The term "Sublease" as used in the Sublease and this Rider shall
hereafter refer to and mean the Sublease as modified by this Rider. The
paragraphs below are numbered to commence after the last numbered paragraph of
the Sublease.
20. Parking. Sublessee and Tenant acknowledge and agree that all of the
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parking privileges granted and to be granted to Sublessee are and shall be
covered under that certain Parking Agreement attached hereto and made a part
hereof. The Parking Agreement dated October 28, 1987 and any other parking
privileges set forth in the Lease dated October 28, 1987 are not made a part of
this Sublease and Sublessee shall have no right to or interest in any parking
privileges set forth in the Lease dated October 28, 1987. Further, Tenant shall
have no right or privilege to sublet, assign, transfer, convey or use any of the
parking privileges or rights granted pursuant to the Parking Agreement dated
October 28, 1987 or any other provisions of the Lease dated October 28, 1987 for
so long as this Sublease is in force and effect.
21. Inapplicable Provisions. It is hereby agreed by and between the
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parties that the terms and conditions under Security Deposit on page 14a of the
Lease dated October 28, 1987 and Rider Three, Rider Four and Rider Six shall
similarly not apply to this Sublease and no rights or privileges shall be
conveyed, subleased or assigned to Sublessee from any of the foregoing
provisions of the Lease dated October 28, 1987.
22. Standard Building Hours. Notwithstanding anything to the contrary set
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forth in the Lease dated October 28, 1987, Building Standard Hours shall be
Monday through Fridays from 8:00 a.m. to 6:00 p.m. (except legal holidays) and
Saturdays from 8:00 a.m. to 1:00 p.m. (except legal holidays), provided,
however, that heating, ventilation and air conditioning services for Saturdays
must be requested by 3:00 p.m. on the preceding business day. Heating,
ventilation and air conditioning services for hours other than the Building
Standard Hours above may be made available for a charge calculated as follows:
(i) $45 per hour for the first hour and $40 per hour thereafter for the initial
Suite activated, plus (ii) $7.00 per hour per Suite for each additional Suite
activated.
23. Package Air Conditioning and Heating Unit. Should the package air
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conditioning and heating unit described in Rider Two to the Master Lease not be
operational as of the date hereof, upon request by Sublessee to Tenant, which
request shall be made no later than thirty (30) days after the date hereof,
Tenant, at Tenant's cost, shall cause such repairs and replacements to made so
that the unit is operational.
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PARKING AGREEMENT
THIS AGREEMENT made as of the ____ day of July, 1996, between AGF 4041
LIMITED PARTNERSHIP, a Texas Limited Partnership ("Landlord") and Interactive
Flight Technologies, Inc., a Delaware corporation ("Tenant").
1. The parties hereby acknowledge that they have heretofore entered, or
are contemporaneously herewith entering, a certain lease dated July __, 1996
(the "Lease") for premises known as Suite(s) B-100 and B-200 ( the "Premises")
located in the property known as 0000 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxx
00000 (the "Property"). In the event of any conflict between the Lease and this
Agreement, the latter shall control.
2. Landlord hereby grants to Tenant and persons designated by Tenant a
license to use up to three (3) parking spaces in the Property Garage, and ____
parking spaces in or on the parking structure located to the east of the
building (collectively referred to herein as the "Garage"). The Term of such
license shall commence on the Commencement Date under the Lease and shall
continue until the earlier to occur of the Expiration Date under the Lease, or
termination of the Lease or Tenant's abandonment of the Premises thereunder.
During the Term of this license, Tenant shall pay Landlord the monthly charges
established from time to time by Landlord for parking in the Garage, payable in
advance, with Tenant's payment of monthly Base Rent. The initial charge for
such spaces is $ ** , per space, per month, or a total monthly charge of
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$ ** , for all such spaces. No deductions from the monthly charge
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shall be made for days on which the Garage is not used by Tenant. However,
Tenant may reduce the number of parking spaces hereunder, at any time, by
providing at least thirty (30) days advance written notice to Landlord,
accompanied by any key-card, sticker or other identification or entrance system
provided by Landlord or its parking contractor; such cancellation shall be
irrevocable. Tenant may, from time to time, request additional parking spaces,
and if Landlord shall provide the same, such spaces shall be provided and used
an a month-to-month basis, and otherwise on the foregoing terms and provisions,
and such monthly parking charges as Landlord shall establish from time to time.
3. Tenant shall at all times comply with all applicable ordinances,
rules, regulations, codes, laws, statutes and requirements of all federal,
state, county and municipal governmental bodies or their subdivisions respecting
the use of the Garage. Landlord reserves the right to adopt, modify and enforce
reasonable Rules governing the use of the Garage from time to time, including
any key-card, sticker or other identification or entrance system, and hours of
operation. The Rules set forth hereinafter are currently in effect. Landlord may
refuse to permit any person who violates such Rules to park in the Garage, and
any violation of the Rules shall subject the car to removal from the Garage.
4. The parking spaces hereunder shall be provided on an unreserved
"first-come, first-served" basis. Tenant acknowledges that Landlord has or may
arrange for the Garage to be operated by an independent contractor, not
affiliated with Landlord. In such event, Tenant acknowledges that Landlord shall
have no liability for claims arising through acts or omissions of such
independent contractor, if such contractor is reputable. Except for intentional
acts or gross negligence, Landlord shall have no liability whatsoever for any
damage to property or any other items located in the Garage, nor for any
personal injuries or death arising out of any matter relating to the Garage, and
in all events, Tenant agrees to look first to its insurance carrier and to
require that Tenant's employees look first to their respective insurance
carriers for payment of any losses sustained in connection with any use of the
Garage. Tenant hereby waives on behalf of its insurance carriers all rights of
subrogation against Landlord or Landlord's agents. Landlord reserves the right
to assign specific spaces, and to reserve spaces for visitors, small cars,
handicapped persons and for other tenants, guests of tenants or other parties,
and Tenant and persons designated by Tenant hereunder shall not park in any such
assigned or reserved spaces. Landlord also reserves the right to close all or
any portion of the Garage in order to make repairs or perform maintenance
services, or to alter, modify, re-stripe or renovate the Garage, or if required
by casualty, strike, condemnation, act of God, governmental law or requirement
or other reason beyond Landlord's reasonable control. In such event, Landlord
shall refund any prepaid parking rent hereunder, prorated on a per diem basis.
If, for any other reason, Tenant or persons properly designated by Tenant, shall
be denied access to the Garage, and Tenant or such persons shall have complied
with this Agreement and this Agreement shall be in effect, Landlord's liability
shall be limited to such parking charges (excluding tickets for parking
violations) incurred by Tenant or such persons in utilizing
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alternative parking, which amount Landlord shall pay upon presentation of
documentation supporting Tenant's claims in connection therewith.
5. If Tenant shall default under this Agreement, Landlord shall have the
right to remove from the Garage any vehicles hereunder which shall have been
involved or shall have been owned or driven by parties involved in causing such
default, without liability therefor whatsoever. In addition, if Tenant shall
default under this Agreement, Landlord shall have the right to cancel this
Agreement on ten days' written notice, unless within such ten day period, Tenant
cures such default. It Tenant defaults with respect to the same term or
condition under this Agreement more than three times during any twelve month
period, and Landlord notifies Tenant thereof promptly after each such default,
the next default of such term or condition during the succeeding twelve month
period, shall, at Landlord's election, constitute an incurable default. Such
cancellation right shall be cumulative and in addition to any other rights or
remedies available to Landlord at law or equity, or provided under the Lease
(all of which rights and remedies under the Lease are hereby incorporated
herein. as though fully set forth). Any default by Tenant under the Lease shall
be a default under this Agreement, and any default under this Agreement shall be
a default under the Lease.
* covered reserved parking in the Property Garage (Parking Structure), plus up
to Forty-One (41) in random (first come, first served), unreserved, covered or
roof top parking spaces
** $45.00, plus tax per month per covered, reserved space, plus $35.00, plus tax
per month per random, unreserved, covered space, plus $25.00, plus tax
***, to be and as calculated by Landlord from time to time.
RULES
(i) Garage hours shall be 6 A.M. to 8 P.M. or such other hours as
Landlord shall determine from time to time.
(ii) Cars must be parked entirely within the stall lines painted on the
floor, and only small cars may be parked in areas reserved for small cars.
(iii) All directional signs and arrows must be observed.
(iv) The speed limit shall be 5 miles per hour.
(v) Spaces reserved for handicapped parking must be used only by vehicles
properly designated.
(vi) Parking is prohibited in all areas not expressly designated for
parking, including without limitation:
(a) areas not striped for parking
(b) aisles
(c) where "no parking" signs are posted
(d) ramps
(e) loading zones
(vii) Parking stickers, key cards or any other devices or forms of
identification or entry supplied by Landlord shall remain the property of
Landlord. Such devices must be displayed as requested and may not be mutilated
in any manner. The serial number of the parking identification device may not
be obliterated. Devices are not transferable and any device in the possession
of an unauthorized holder will be void.
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(viii) Monthly fees shall be payable in advance prior to the first day of
each month. Failure to do so will automatically cancel parking privileges and a
charge at the prevailing daily parking rate will be due. No deductions or
allowances from the monthly rate will be made for days on which the Garage is
not used by Tenant or its designees.
(ix) Garage managers or attendants are not authorized to make or allow
any exceptions to these Rules.
(x) Every xxxxxx is required to park and lock his own car.
(xi) Loss or theft of parking identification, key cards or other such
devices must be reported to Landlord or any garage manager immediately. Any
parking devices reported lost or stolen found on any unauthorized car will be
confiscated and the illegal holder will be subject to prosecution. Lost or
stolen devices found by Tenant or its employees must be reported to the office
of the garage immediately.
(xii) Washing, waxing, cleaning or servicing of any vehicle by the
customer and/or his agents is prohibited. Parking spaces may be used only for
parking automobiles.
(xiii) By signing this Parking Agreement, Tenant agrees to acquaint all
persons to whom Tenant assigns parking space of these Rules.
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