Common use of Parking Areas Clause in Contracts

Parking Areas. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Premises and Tenant shall install at least one sign in the parking areas so advising its employees, visitors or invitees who may use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded or parked in areas other than those designated by Landlord for such activities. Tenant agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employees, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are located. If Tenant permits or allows any of the prohibited activities described above for a period of five (5) business days after written notice from Landlord, then Landlord shall have the right, without further notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved at Landlord's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by the parties owning the same, including, respectively, Tenant or Tenant's partners, trustees, officers, directors, shareholders, members, invitees, or any of Tenant's assignees, subtenants or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant Parties"). Tenant shall repair or cause to be repaired, at Tenant's sole cost and expense, any and all damage, ordinary wear and tear excepted, to any portion of the Property caused by the use by Tenant Parties of the driveway or parking areas within the Property. Landlord shall not be liable to Tenant by reason of any moratorium, initiative, referendum, statute, regulation or other governmental action which could in any manner prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall be considered assessments and shall be Payable by Tenant as set forth in Paragraph 4.1; as of the Commencement Date, Landlord represents there are no such charges or surcharges imposed on the Premises.

Appears in 2 contracts

Samples: Consulting Agreement (Alltrista Corp), Consulting Agreement (Alltrista Corp)

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Parking Areas. 16.01 Tenant and its agents, employees, customers, licensees and invitees shall have the non-exclusive right to use in common with Landlord and Tenant agree that all other tenants and occupants of the Building and their respective agents, employees, customers, licensees and invitees, the Common Area parking and loading dock facilities, if any, on the Land, and all driveways, entrances and exits located within the Project necessary to provide a means of ingress and egress to and from the Premises. Such use of parking facilities shall be subject to, and consistent with, the Rules and Regulations of the Project (as set forth in Exhibit B), together with such reasonable modifications and additions as may be made thereto during the term of this Lease. Landlord will not be responsible for any loss, theft or damage to vehicles, or shall designate the contents thereof, parked or left number of parking spaces set forth in Paragraph 1.01(i) in the parking areas lot of the Premises and Project for the exclusive use of Tenant shall install at least one sign in (the parking areas so advising its employees, visitors or invitees who may use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded or parked in areas other than those designated by Landlord for such activities. Tenant agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employees, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are located. If Tenant permits or allows any of the prohibited activities described above for a period of five (5) business days after written notice from Landlord, then Landlord shall have the right, without further notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved at Landlord's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by the parties owning the same, including, respectively, Tenant or Tenant's partners, trustees, officers, directors, shareholders, members, invitees, or any of Tenant's assignees, subtenants or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant PartiesParking Spaces"). Tenant shall repair or cause to be repairedpay Landlord, at Tenant's sole cost and expenseas additional rent on each Rent Day, any and all damage, ordinary wear and tear excepted, to any portion of the Property caused by the use by Tenant Parties of the driveway or parking areas within the Property. Landlord shall not be liable to Tenant by reason of any moratorium, initiative, referendum, statute, regulation or other governmental action which could in any manner prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall be considered assessments and shall be Payable by Tenant as an amount set forth in Paragraph 4.1Section 1.01(i). Such sums may be increased by Landlord from time to time by the delivery of thirty (30) days prior written notice to Tenant. Within thirty (30) days of receipt Of Such notification, Tenant may: (i) accept such increase; as or (6) reject such increase for all or any of its exclusive spaces,in which event Tenant's exclusive parking rights for such spaces shall terminate. If Tenant accepts such increase or fails to reject such increase within the thirty (30) day period, then commencing with the next Rent Day following Landlord's notice, the amount of additional rent payable hereunder shall be increased accordingly. Notwithstanding anything contained herein to the contrary, Landlord shall have the right to relocate Tenant's Designated Parking Spaces within the parking lot of the Commencement DateProject, and Landlord represents there are no such charges shall have the right to designate other parking spaces in the parking lot for the exclusive use of others. Tenant agrees to be bound by parking regulations in effect at the Project, together with reasonable modifications or surcharges imposed on additions as may be necessary during the Premisesterm of this Lease, as more fully described in Exhibit "B", attached hereto and made part hereof.

Appears in 1 contract

Samples: Advanced Systems International Inc

Parking Areas. 16.01 Tenant and its agents, employees, customers, licensees and invitees shall have the non-exclusive right to use in common with Landlord and Tenant agree that all other tenants and occupants of the Building and their respective agents, employees, customers, licensees and invitees, the Common Area parking and loading dock facilities, if any, on the Land, and all driveways, entrances and exits located within the Project necessary to provide a means of ingress and egress to and from the Premises. Such use of parking facilities shall be subject to, and consistent with, the Rules and Regulations of the Project (as set forth in Exhibit B), together with such reasonable modifications and additions as may be made thereto during the term of this Lease. Landlord will not be responsible for any loss, theft or damage to vehicles, or shall designate the contents thereof, parked or left number of parking spaces set forth in Paragraph 1.01 (i) in the parking areas lot of the Premises and Project for the exclusive use of Tenant shall install at least one sign in (the parking areas so advising its employees, visitors or invitees who may use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded or parked in areas other than those designated by Landlord for such activities. Tenant agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employees, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are located. If Tenant permits or allows any of the prohibited activities described above for a period of five (5) business days after written notice from Landlord, then Landlord shall have the right, without further notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved at Landlord's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by the parties owning the same, including, respectively, Tenant or Tenant's partners, trustees, officers, directors, shareholders, members, invitees, or any of Tenant's assignees, subtenants or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant PartiesParking Spaces"). Tenant shall repair or cause to be repairedpay Landlord, at Tenant's sole cost and expenseas additional rent on each Rent Day, any and all damage, ordinary wear and tear excepted, to any portion of the Property caused by the use by Tenant Parties of the driveway or parking areas within the Property. Landlord shall not be liable to Tenant by reason of any moratorium, initiative, referendum, statute, regulation or other governmental action which could in any manner prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall be considered assessments and shall be Payable by Tenant as an amount set forth in Paragraph 4.1Section 1.01(i). Such sums may be increased by Landlord from time to time by the delivery of thirty (30) days prior written notice to Tenant. Within thirty (30) days of receipt of such notification, Tenant may: (i) accept such increase; as or (ii) reject such increase for all or any of its exclusive spaces, in which event Tenant's exclusive parking rights for such spaces shall terminate. If Tenant accepts such increase or fails to reject such increase within the thirty (30) day period, then commencing with the next Rent Day following Landlord's notice, the amount of additional rent payable hereunder shall be increased accordingly. Notwithstanding anything contained herein to the contrary, Landlord shall have the right to relocate Tenant's Designated Parking Spaces within the parking lot of the Commencement DateProject, and Landlord represents there are no such charges shall have the right to designate other parking spaces in the parking lot for the exclusive use of others. Tenant agrees to be bound by parking regulations in effect at the Project, together with reasonable modifications or surcharges imposed on additions as may be necessary during the Premisesterm of this Lease, as more fully described in Exhibit "B", attached hereto and made part hereof.

Appears in 1 contract

Samples: Origen Financial Inc

Parking Areas. 16.01 Tenant and its agents, employees, customers, licensees and invitees shall have the non-exclusive right to use in common with Landlord and Tenant agree that all other tenants and occupants of the Building and their respective agents, employees, customers, licensees and invitees, the Common Area parking and loading dock facilities, if any, on the Land, and all driveways, entrances and exits located within the Project necessary to provide a means of ingress and egress to and from the Premises. Such use of parking facilities shall be subject to, and consistent with, the Rules and Regulations of the Project (as set forth in Exhibit B), together with such reasonable modifications and additions as may be made thereto during the term of this Lease. Landlord will not be responsible for any loss, theft or damage to vehicles, or shall designate the contents thereof, parked or left number of parking spaces set forth in Paragraph 1.01(i) in the parking areas lot of the Premises and Project for the exclusive use of Tenant shall install at least one sign in (the parking areas so advising its employees, visitors or invitees who may use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded or parked in areas other than those designated by Landlord for such activities. Tenant agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employees, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are located. If Tenant permits or allows any of the prohibited activities described above for a period of five (5) business days after written notice from Landlord, then Landlord shall have the right, without further notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved at Landlord's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by the parties owning the same, including, respectively, Tenant or Tenant's partners, trustees, officers, directors, shareholders, members, invitees, or any of Tenant's assignees, subtenants or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant PartiesParking Spaces"). Tenant shall repair pay Landlord, as additional rent on each Rent Day, an amount set forth in Section 1.01(i). Such sums may be increased by Landlord from time to time by the delivery of thirty (30) days prior written notice to Tenant. Within thirty (30) days of receipt of such notification, Tenant may: (i) accept such increase; or cause (ii) reject such increase for all or any of its exclusive spaces, in which event Tenant's exclusive parking rights for such spaces shall terminate. If Tenant accepts such increase or fails to reject such increase within the thirty (30) day period, then commencing with the next Rent Day following Landlord's notice, the amount of additional rent payable hereunder shall be increased accordingly. Notwithstanding anything contained herein to the contrary, Landlord shall have the right to relocate Tenant's Designated Parking Spaces within the parking lot of the Project, and Landlord shall have the right to designate other parking spaces in the parking lot for the exclusive use of others. Tenant agrees to be repairedbound by parking regulations in effect at the Project, at Tenant's sole cost together with reasonable modifications or additions as may be necessary during the term of this Lease, as more fully described in Exhibit "B", attached hereto and expense, any and all damage, ordinary wear and tear excepted, to any portion of the Property caused by the use by Tenant Parties of the driveway or parking areas within the Propertymade part hereof. Landlord shall not be liable use reasonable efforts to Tenant by reason enforce said rules and regulations against other tenants if the violation of any moratorium, initiative, referendum, statute, regulation or other governmental action which could such rules and regulations interferes with the operation of Tenant's business in any manner prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall be considered assessments and shall be Payable by Tenant as set forth in Paragraph 4.1; as of the Commencement Date, Landlord represents there are no such charges or surcharges imposed on the Premises.

Appears in 1 contract

Samples: Subordination Agreement (Vastera Inc)

Parking Areas. 16.01 Tenant and its agents, employees, customers, licensees and invitees shall have the non-exclusive right to use in common with Landlord and Tenant agree that all other tenants and occupants of the Building and their respective agents, employees, customers, licensees and invitees, the Common Area parking and loading dock facilities, if any, on the Land, and all driveways, entrances and exits located within the Project necessary to provide a means of ingress and egress to and from the Premises. Such use of parking facilities shall be subject to, and consistent with, the Rules and Regulations of the Project (as set forth in Exhibit B), together with such reasonable modifications and additions as may be made thereto during the term of this Lease. Landlord will not be responsible for any loss, theft or damage to vehicles, or shall designate the contents thereof, parked or left number of parking spaces set forth in Paragraph 1.01(i) in the parking areas lot or parking garage of the Premises and Project for the exclusive use of Tenant shall install at least one sign in (the parking areas so advising its employees, visitors or invitees who may use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations“Tenant's Designated Parking Spaces”). Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employeespay Landlord, suppliersas additional rent on each Rent Day, shippers, customers, contractors or invitees to an amount set forth in Section 1.01(i). Such sums may be loaded, unloaded or parked in areas other than those designated increased by Landlord from time to time by the delivery of thirty (30) days prior written notice to Tenant. Within thirty (30) days of receipt of such notification, Tenant may: (i) accept such increase; or (ii) reject such increase for such activities. Tenant agrees not to use all or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employeesexclusive spaces, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are locatedevent Tenant's exclusive parking rights for such spaces shall terminate. If Tenant permits accepts such increase or allows any of fails to reject such increase within the prohibited activities described above for a period of five thirty (530) business days after written notice from Landlordday period, then commencing with the next Rent Day following Landlord's notice, the amount of additional rent payable hereunder shall be increased accordingly. Notwithstanding anything contained herein to the contrary, Landlord shall have the right, without further notice, in addition right to such other rights and remedies that it may have, to remove or tow away the vehicle involved at Landlord's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by the parties owning the same, including, respectively, Tenant or relocate Tenant's partnersDesignated Parking Spaces within the parking lot of the Project to a place with is not materially farther away from the primary entrance to the Building, trustees, officers, directors, shareholders, members, invitees, or any and Landlord shall have the right to designate other parking spaces in the parking lot for the exclusive use of Tenant's assignees, subtenants or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant Parties")others. Tenant shall repair or cause agrees to be repairedbound by parking regulations in effect at the Project, at Tenant's sole cost together with reasonable modifications or additions as may be necessary during the term of this Lease, as more fully described in Exhibit "B", attached hereto and expense, any and all damage, ordinary wear and tear excepted, to any portion of the Property caused by the use by Tenant Parties of the driveway or parking areas within the Property. Landlord shall not be liable to Tenant by reason of any moratorium, initiative, referendum, statute, regulation or other governmental action which could in any manner prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall be considered assessments and shall be Payable by Tenant as set forth in Paragraph 4.1; as of the Commencement Date, Landlord represents there are no such charges or surcharges imposed on the Premisesmade part hereof.

Appears in 1 contract

Samples: Talk America Holdings Inc

Parking Areas. Landlord Attached hereto as Exhibit H is a site plan ------------- showing the planned parking areas serving the Complex. For so long as this Lease is in full force and effect and Tenant agree that is not in Default hereunder, Tenant may use the available non-reserved parking spaces in such parking lots serving the Complex free of charge, on a first come, first-served basis with the other tenants and occupants of the Complex and their guests and invitees. Tenant's use of all parking spaces is subject to all applicable codes, ordinances, laws, regulations and statutes and reasonable rules and regulations promulgated from time to time by Landlord, as well as the terms set forth in the recorded Declaration of Covenants, Conditions, Restrictions, Reciprocal Rights and Easements encompassing the Complex (as amended from time to time, the "Declaration"). Furthermore, if any governmental authority, agency or department requires the use of any parking areas serving the Complex, Tenant shall no longer have the right to use such areas and Landlord will not shall have no liability to Tenant (nor shall Rent xxxxx or be responsible for any lossreduced) on account of such reduction in available parking areas (provided Landlord shall, theft or damage to vehicleswithin a reasonable period after such areas are no longer available, or the contents thereof, parked or left in cause the parking areas serving the Complex to have a number of parking spaces equal to at least 90% of the Premises parking spaces depicted on Exhibit H). Landlord may designate certain parking areas as "reserved" and Tenant shall install at least one sign in the parking areas so advising not allow its employees, visitors or invitees who may use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded or parked in areas other than those designated by Landlord for such activities. Tenant agrees not to use or permit its employees, visitors employees or invitees to use such reserved spaces (provided that Landlord shall not designate more than five additional reserved parking spaces for other specific tenants in the parking areas for overnight storage of vehicles, except for trucks on lots adjacent to the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employees, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are located. If Tenant permits or allows any of the prohibited activities described above for a period of five (5) business days after written notice from Landlord, then Landlord shall have the right, without further noticePhase I Building [i.e., in addition to such the parking spaces that are already designated as "reserved"] or more than ten reserved parking spaces for other rights and remedies that it may havespecific tenants in the parking lots or parking deck, if any, adjacent to remove or tow away the vehicle involved Building [to be increased to 20 reserved parking spaces at Landlord's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by any time the parties owning the same, including, respectively, Tenant or Tenant's partners, trustees, officers, directors, shareholders, members, invitees, or any Premises consists of Tenant's assignees, subtenants or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant Parties"less than 225,000 rentable square feet]). Tenant shall repair cooperate with Landlord in any reasonable system Landlord may establish or cause participate in to be repairedmonitor parking in the Complex, at Tenant's sole cost and expenseincluding, any and all damagewithout limitation, ordinary wear and tear excepted, a system requiring parkers to any portion display special decals or passes. Tenant further acknowledges that the owners of the Property caused by the use by Tenant Parties of the driveway or parking areas within serving the PropertyComplex may reconfigure, relocate or restripe the parking areas and that, from time to time, parking areas may be closed for construction activities or maintenance or repairs. Landlord shall not be liable to Tenant promptly complete all construction activities, maintenance and repairs undertaken by reason of any moratorium, initiative, referendum, statute, regulation or other governmental action which could in any manner prevent or limit the Landlord upon parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall be considered assessments and shall be Payable areas owned by Tenant as set forth in Paragraph 4.1; as of the Commencement Date, Landlord represents there are no such charges or surcharges imposed on the PremisesLandlord.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Parking Areas. Landlord Tenant is allocated and Tenant agree that and Tenant’s employees and invitees shall have the nonexclusive right to use not more than the number of parking spaces set forth in Paragraph 1.12, the location of which may be designated from time to time by Landlord. Neither Tenant nor Tenant’s agents shall at any time use more parking spaces than the number so allocated to Tenant or park or permit the parking of their vehicles in any portion of the Land not designated by Landlord will as a nonexclusive parking use. Tenant and Tenant’s agents shall not be responsible have the exclusive right to use any specific parking space. Notwithstanding the number of parking spaces designated for Tenant’s nonexclusive use, in the event by reason of any loss, theft Law relating to or damage to vehiclesaffecting parking on the Land, or any other cause beyond Landlord’s reasonable control, Landlord is required to reduce the contents thereofnumber of parking spaces on the Land, parked or left Landlord shall have the right to proportionately reduce the number of Tenant’s parking spaces and the nonexclusive parking spaces of other tenants in the Building. Landlord reserves the right to promulgate such reasonable rules and regulations relating to the use of such parking areas of on the Premises and Land as Landlord may deem appropriate. Landlord furthermore reserves the right, after having given Tenant shall install at least one sign in the parking areas so advising its employeesreasonable notice, visitors or invitees who may use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations. Tenant shall not permit or allow to have any vehicles that belong to or are controlled owned by Tenant or Tenant's employees’s agents which are parked in violation of the provisions of this Paragraph 11.2 or in violation of Landlord’s rules and regulations relating to parking, suppliers, shippers, customers, contractors or invitees to be loadedtowed away at Tenant’s cost. In the event Landlord elects or is required by any law to limit or control parking on the Land, unloaded by validation of parking tickets or parked any other method, Tenant agrees to participate in such validation or other program under such reasonable rules and regulations as are from time to time established by Landlord. Landlord shall have the right to close, at reasonable times, all or any portion of the parking areas for any reasonable purpose, including without limitation, the prevention of a dedication thereof, or the accrual of rights of any person or public therein. Tenant and Tenant’s agents shall not at any time park or permit the parking of (i) trucks or other than those vehicles (whether owned by Tenant or other persons) adjacent to any loading areas so as to interfere in any manner with the use of such areas, (ii) Tenant’s or Tenant’s agents’ vehicles or trucks, or the vehicles or trucks of Tenant’s suppliers or others, in any portion of the Common Area not designated by Landlord for such activities. Tenant agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "by Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employees, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are located. If Tenant permits or allows any of the prohibited activities described above for a period of five (5) business days after written notice from Landlord, then Landlord shall have the right, without further notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved at Landlord's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by the parties owning the same, including, respectively, Tenant or Tenant's partners, trustees, officers, directors, shareholders, members, invitees, or (iii) any of Tenant's assignees, subtenants inoperative vehicles or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant Parties"). Tenant shall repair or cause to be repaired, at Tenant's sole cost and expense, any and all damage, ordinary wear and tear excepted, to equipment on any portion of the Property caused by the use by Tenant Parties of the driveway or parking areas within the Property. Landlord shall not be liable to Tenant by reason of any moratorium, initiative, referendum, statute, regulation or other governmental action which could in any manner prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall be considered assessments and shall be Payable by Tenant as set forth in Paragraph 4.1; as of the Commencement Date, Landlord represents there are no such charges or surcharges imposed on the PremisesCommon Area.

Appears in 1 contract

Samples: Lease Agreement (Daystar Technologies Inc)

Parking Areas. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage shall have the non-exclusive right to vehicles, or the contents thereof, parked or left use one hundred fifty (150) parking spaces in the parking areas North Parking Lot of the Premises Property depicted on Exhibit "A" and Tenant shall install at least one sign two hundred fifty (250) parking spaces in the parking areas so advising South Parking Lot of the Property depicted on Exhibit "A", for the use by Tenant and its employees in common with others entitled thereto, subject, however, to the other terms and provisions of this Lease. Tenant agrees to furnish Landlord upon request with the license numbers of all automobiles of Tenant and its employees, visitors or invitees who may use and agrees to keep such parking areaslist current. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations. Tenant shall not permit or allow any vehicles that belong to or are controlled by If Tenant or Tenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded or parked its employees park their automobiles in areas other than those designated by Landlord for such activities. Tenant agrees not to use or permit its employeeson Exhibit "A", visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employees, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are located. If Tenant permits or allows any of the prohibited activities described above for a period of five (5) business days after written notice from Landlord, then Landlord shall have the rightright with respect to each such automobile to affix a notice of violation of this rule on such automobiles. Further, upon not less than two (2) business days' prior written notice to Tenant (and without any requirement to give any further noticenotice thereafter), Landlord shall have the right to commence having violating automobiles towed away at Tenant's expense (and Landlord shall have no liability in addition connection with any damage to such other rights and remedies that it may have, to remove automobile resulting therefrom) and/or fining Tenant $20 per day for each day or tow away the vehicle involved at Landlordportion thereof Tenant's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by the parties owning the same, including, respectively, Tenant or Tenant's partnersemployees' automobile(s) are parked in violation of this provision. Landlord shall have the right to enlarge, trustees, officers, directors, shareholders, members, invitees, reduce and re-arrange the layout or any of Tenant's assignees, subtenants or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant Parties"). Tenant shall repair or cause to be repaired, at Tenant's sole cost and expense, any and all damage, ordinary wear and tear excepted, to any portion location of the parking areas and Property caused by the lawns and other green space and to designate specific parking spaces for use by Tenant Parties from time to time. Any re-arrangement of the driveway or parking areas within the Property. Landlord shall not be liable to that affects Tenant or designation of specific parking spaces for use by reason of any moratorium, initiative, referendum, statute, regulation or other governmental action which could in any manner prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall be considered assessments and shall done in a fashion that does not reduce the number of parking spaces to be Payable by made available to Tenant as set forth in Paragraph 4.1; as of above and that, to the Commencement Dateextent practical, Landlord represents there are no such charges minimizes interference with Tenant. Tenant and its employees shall not park their automobiles within any fire lanes or surcharges imposed driveways on the PremisesProperty Land or within any areas in which parking is prohibited by applicable governing ordinance.

Appears in 1 contract

Samples: Lease Agreement (Labone Inc/)

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Parking Areas. (A) To serve generally Landlord's designees and the occupants of the Building, and their invitees, Landlord and Tenant agree that Landlord will not be responsible for shall, subject to any loss, theft governmental taking or damage to vehicles, or the contents conveyance in lieu thereof, parked or left in the maintain parking areas on the Building Land, which shall be subject to the exclusive control of the Premises and Landlord, provided Tenant shall install at least one sign in have the parking areas so advising non-exclusive rights of use and enjoyment hereafter described. Tenant agrees to furnish Landlord, upon request, license numbers of all automobiles of Tenant and its employees, visitors or invitees who may use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded or parked in areas other than those designated by Landlord for such activities. Tenant agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employees, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are locatedkeep such list current. If Tenant permits or allows any of the prohibited activities described above for a period of five (5) business days after written notice from Landlord, then Landlord shall have the rightright to re-arrange the layout or location of the parking areas from time to time, without so long as such new arrangement does not materially interfere with Tenant's ease of access and use of the parking areas and any such relocation shall not be further noticethan a radius of 100 feet from the main front entrance of the Building. Landlord specifically agrees to provide Tenant 85 non-exclusive and unmarked parking spaces in the covered portion of the parking garage attached to the Building (25 of which shall be full sized and reserved to Tenant alone, and located in addition the covered portions of the garage) and 15 spaces in the existing surface parking lot of 4707 Belleview, all of which are available from the commencement date through September 30, 2001. If the additional parking described in Section B below is then available, commencing October 1, 2001, through the Lease termination date, inclusive of any extensions thereof, Landlord shall provide 81 covered parking spaces in the Belletower Garage (including the 25 reserved spaces), and the exclusive use of an additional 44 parking spaces on the surface parking lot to be obtained by Landlord at 4707 Belleview. If such other additional parking is not available effective October 1, 2001, through the Lease termination date, inclusive of any extensions thereof, such failure shall be a default by Landlord hereunder, entitling Tenant to the rights and remedies that it may havedescribed in paragraph (B) below, to remove or tow away including the vehicle involved at Landlord's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by the parties owning the same, including, respectively, Tenant or Tenant's partners, trustees, officers, directors, shareholders, members, invitees, or any of Tenant's assignees, subtenants or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant Parties"). Tenant shall repair or cause to be repaired, at Tenant's sole cost and expense, any and all damage, ordinary wear and tear excepted, to any portion of the Property caused by the use by Tenant Parties of the driveway or parking areas within the PropertyLiquidated Damages described below. Landlord shall not be liable to Tenant restripe the Belletower garage by reason of any moratoriumno later than October 1, initiative2001. After such restriping, referendum, statute, regulation or other governmental action which could all parking stalls furnished in any manner prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building Belletower garage shall be considered assessments full size spaces 8 1/2 feet wide and compact spaces 7 1/2 feet wide, with a ratio of 50% full size, 47% compact size and 3% handicapped size required. In the 4707 Belleview facility, all parking spaces shall be Payable by Tenant as set forth 9 feet in Paragraph 4.1; as of the Commencement Date, Landlord represents there are no such charges or surcharges imposed on the Premiseswidth.

Appears in 1 contract

Samples: Pioneer Financial Services Inc

Parking Areas. Landlord During the Term of this Lease, as the same may be extended, Tenant is allocated and Tenant agree that Landlord will and Tenant’s employees and invitees shall have the right to use, on an unreserved basis, without payment of a separate fee therefor, not more than the number of parking spaces set forth in Paragraph 1.15, the location of which shall be responsible for in the surface parking area within the Exterior Common Area designated from time to time by Landlord. Such number of parking spaces set forth in Paragraph 1.15 of this Lease shall be available to Tenant and its employees and invitees from and after the Delivery Date and throughout the Term, as the same may be extended, subject to the terms below, 24 hours per day, 7 days a week, 365 days per year, unless such availability is prohibited, limited or restricted pursuant to the terms below or by any lossgovernmental or quasi-governmental law, theft statute, ordinance, rule or regulation, damage to vehiclesor destruction or condemnation of the Premises, Building, Exterior Common Area, or the contents Project, or applicable portion thereof, parked Premises, Building or left in other portion of the Project or due to an emergency or for restriping, resurfacing or other repairs or maintenance or to prevent a prescriptive easement from arising with respect to any portion of the parking areas of the Premises Project. Neither Tenant nor any Tenant Related Parties shall at any time use more parking spaces than the number so allocated to Tenant or park or permit the parking of their vehicles in any portion of the Land not designated by Landlord as a nonexclusive parking area. Tenant and Tenant Related Parties shall install not have the exclusive right to use any specific parking space; however, Landlord shall xxxx five (5) parking spaces in front of the Building in the location closest to the Building entrance nearest to the Premises) for “Bloom Visitors”. Landlord shall have no obligation to ensure that only invitees of Tenant park in such five (5) parking spaces referred to in the immediately preceding sentence. Landlord reserves the right, after having given Tenant reasonable notice, to have any vehicles owned by Tenant or any Tenant Related Parties which are parked in violation of the provisions of this Paragraph 11.2 or in violation of Landlord’s Rules and Regulations relating to parking referred to in Paragraph 44, to be towed away at least one sign the cost of the owner of the towed vehicle. In the event Landlord elects or is required by any law to limit or control parking on the Land, by validation of parking tickets or any other method, Tenant agrees to participate in such validation or other program under the Rules and Regulations reasonably established by Landlord and referred to in Paragraph 44 below. Provided that Tenant’s use, occupancy and enjoyment of the Premises or access to the Premises is not unreasonably interfered with, Landlord shall have the right to close, at reasonable times, all or any portion of the parking areas so advising its employeesfor any reasonable purpose, visitors including without limitation, the prevention of a dedication thereof, or invitees who may use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles the accrual of rights of any person or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulationspublic therein. Tenant and Tenant Related Parties shall not at any time park or permit the parking of (i) trucks or allow any other vehicles that belong to or are controlled (whether owned by Tenant or other persons) adjacent to any loading areas so as to unreasonably interfere with the use of such areas, (ii) Tenant's employees’s or Tenant Related Parties’ vehicles or trucks, suppliersor the vehicles or trucks of Tenant’s suppliers or others, shippers, customers, contractors or invitees to be loaded, unloaded or parked in areas other than those any portion of the Common Area not designated by Landlord for such activities. use by Tenant agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, Licensees and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employees, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are located. If Tenant permits or allows any of the prohibited activities described above for a period of five (5) business days after written notice from Landlord, then Landlord shall have the right, without further notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved at Landlord's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by the parties owning the same, including, respectively, Tenant or Tenant's partners, trustees, officers, directors, shareholders, members, invitees, or (iii) any of Tenant's assignees, subtenants inoperative vehicles or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant Parties"). Tenant shall repair or cause to be repaired, at Tenant's sole cost and expense, any and all damage, ordinary wear and tear excepted, to equipment on any portion of the Property caused by the use by Tenant Parties of the driveway or parking areas within the Property. Landlord shall not be liable to Tenant by reason of any moratorium, initiative, referendum, statute, regulation or other governmental action which could in any manner prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall be considered assessments and shall be Payable by Tenant as set forth in Paragraph 4.1; as of the Commencement Date, Landlord represents there are no such charges or surcharges imposed on the PremisesCommon Area for more than twenty-four (24) hours.

Appears in 1 contract

Samples: Improvement Agreement (Bloom Energy Corp)

Parking Areas. 16.01 Tenant and its agents, employees, customers, licensees and invitees shall have the non-exclusive right to use in common with Landlord and Tenant agree that all other tenants and occupants of the Building and their respective agents, employees, customers, licensees and invitees, the Common Area parking and loading dock facilities, if any, on the Land, and all driveways, entrances and exits located within the Project necessary to provide a means of ingress and egress to and from the Premises. Such use of parking facilities shall be subject to, and consistent with, the Rules and Regulations of the Project (as set forth in Exhibit B), together with such reasonable modifications and additions as may be made thereto during the term of this Lease. Landlord will not be responsible for any loss, theft or damage to vehicles, or shall designate the contents thereof, parked or left number of parking spaces set forth in Paragraph 1.01(i) in the parking areas lot of the Premises and Tenant shall install at least one sign in Project for the parking areas so advising its employees, visitors or invitees who may exclusive use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulationsof Tenant. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employeespay Landlord, suppliersas additional rent on each Rent Day, shippers, customers, contractors or invitees to an amount set forth in Section 1.01(i). Such sums may be loaded, unloaded or parked in areas other than those designated increased by Landlord from time to time by the delivery of thirty (30) days prior written notice to Tenant. Within thirty (30) days of receipt of such notification, Tenant may: (i) accept such increase; or (ii) reject such increase for such activities. Tenant agrees not to use all or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employeesexclusive spaces, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are locatedevent Tenant's exclusive parking rights for such spaces shall terminate. If Tenant permits accepts such increase or allows any of fails to reject such increase within the prohibited activities described above for a period of five thirty (530) business days after written notice from Landlordday period, then commencing with the next Rent Day following Landlord's notice, the amount of additional rent payable hereunder shall be increased accordingly. Notwithstanding anything contained herein to the contrary, Landlord shall have the right, without further notice, in addition right to such other rights and remedies that it may have, to remove or tow away the vehicle involved at Landlord's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by the parties owning the same, including, respectively, Tenant or relocate Tenant's partnersDesignated Parking Spaces within the parking lot of the Project, trustees, officers, directors, shareholders, members, invitees, or any and Landlord shall have the right to designate other parking spaces in the parking lot for the exclusive use of Tenant's assignees, subtenants or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant Parties")others. Tenant shall repair or cause agrees to be repairedbound by parking regulations in effect at the Project, at Tenant's sole cost together with reasonable modifications or additions as may be necessary during the term of this Lease, as more fully described in Exhibit "B", attached hereto and expense, any and all damage, ordinary wear and tear excepted, to any portion of the Property caused by the use by Tenant Parties of the driveway or parking areas within the Property. Landlord shall not be liable to Tenant by reason of any moratorium, initiative, referendum, statute, regulation or other governmental action which could in any manner prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall be considered assessments and shall be Payable by Tenant as set forth in Paragraph 4.1; as of the Commencement Date, Landlord represents there are no such charges or surcharges imposed on the Premisesmade part hereof.

Appears in 1 contract

Samples: National Techteam Inc /De/

Parking Areas. 16.01 Tenant and its agents, employees, customers, licensees and invitees shall have the non-exclusive right to use in common with Landlord and Tenant agree that all other tenants and occupants of the Building and their respective agents, employees, customers, licensees and invitees, the Common Area parking and loading dock facilities, if any, on the Land, and all driveways, entrances and exits located within the Project necessary to provide a means of ingress and egress to and from the Premises. Such use of parking facilities shall be subject to, and consistent with, the Rules and Regulations of the Project (as set forth in Exhibit B), together with such reasonable modifications and additions as may be made thereto during the term of this Lease. Landlord will not be responsible for any loss, theft or damage to vehicles, or shall designate the contents thereof, parked or left number of parking spaces set forth in Paragraph 1.01(i) in the parking areas lot of the Premises and Project for the exclusive use of Tenant shall install at least one sign in (the parking areas so advising its employees, visitors or invitees who may use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded or parked in areas other than those designated by Landlord for such activities. Tenant agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employees, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are located. If Tenant permits or allows any of the prohibited activities described above for a period of five (5) business days after written notice from Landlord, then Landlord shall have the right, without further notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved at Landlord's risk and expense. All responsibility for damage and theft to vehicles and their contents is assumed by the parties owning the same, including, respectively, Tenant or Tenant's partners, trustees, officers, directors, shareholders, members, invitees, or any of Tenant's assignees, subtenants or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant PartiesParking Spaces"). Tenant shall repair or cause to be repairedpay Landlord, at Tenant's sole cost and expenseas additional rent on each Rent Day, any and all damage, ordinary wear and tear excepted, to any portion of the Property caused by the use by Tenant Parties of the driveway or parking areas within the Property. Landlord shall not be liable to Tenant by reason of any moratorium, initiative, referendum, statute, regulation or other governmental action which could in any manner prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall be considered assessments and shall be Payable by Tenant as an amount set forth in Paragraph 4.1Section 1.01(i). Such sums may be increased by Landlord from time to time by the delivery of thirty (30) days prior written notice to Tenant. Within thirty (30) days of receipt of such notification, Tenant may: (i) accept such increase; as or (ii) reject such increase for all or any of its exclusive spaces, in which event Tenant's exclusive parking rights for such spaces shall terminate. If Tenant accepts such increase or fails to reject such increase within the thirty (30) day period, then commencing with the next Rent Day following Landlord's notice, the amount of additional rent payable hereunder shall be increased accordingly. Notwithstanding anything contained herein to the contrary, Landlord shall have the right to relocate Tenant's Designated Parking Spaces within the parking lot of the Commencement DateProject, and Landlord represents there are no such charges shall have the right to designate other parking spaces in the parking lot for the exclusive use of others. Tenant agrees to be bound by parking regulations in effect at the Project, together with reasonable modifications or surcharges imposed on additions as may be necessary during the Premisesterm of this Lease, as more fully described in Exhibit "B", attached hereto and made part hereof.

Appears in 1 contract

Samples: Sun Communities Inc

Parking Areas. Landlord Paragraph 38 is hereby deleted and the following is ------------- inserted in place thereof: "Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Premises and Tenant shall install at least one sign in the parking areas so advising its employees, visitors or invitees who may use such parking areas. Except as otherwise provided in this Section 3.5, parking areas shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded or parked in areas other than those designated by Landlord for such activities. Tenant agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, except for trucks on the Premises in the process of loading or unloading, and except for semi-tractors and trailers parked in the areas shown on the Site Plan as "Tenant's Designated Truck Parking". Tenant covenants and agrees that it shall not permit any of its employees, agents, contractors, vendors or shippers to park trucks, automobiles, trailers or other vehicles on any of the public streets in the general vicinity of the Premises or the industrial or business park in which the Premises are located. If Tenant permits or allows any of the prohibited activities described above for a period of five (5) business days after written notice from Landlord, then Landlord shall have the non-exclusive right, without further notice, in addition to such common with any other rights and remedies that it may havetenants or occupants of the Property, to remove or tow away the vehicle involved at Landlord's risk use up to 199 unassigned parking spaces, upon terms and expenseconditions, as may from time to time be reasonably established by Landlord (provided that such terms and conditions shall not include an imposition by Landlord of a charge for such parking). All responsibility Ten (10) of such 199 unassigned spaces (as identified on EXHIBIT A) shall be designated as visitor parking spaces for damage and theft to vehicles and their contents is assumed use by the parties owning the same, including, respectively, Tenant or --------- Tenant's partners, trustees, officers, directors, shareholders, members, invitees, or any of Tenant's assignees, subtenants or assignees' or subtenants' agents, employees, contractors, customers, suppliers, servants, guests, or independent contractors (collectively, "Tenant Parties")visitors. Tenant Landlord shall repair or cause to be repairedinstall signage, at Tenant's sole cost and expense, any and all damage, ordinary wear and tear excepted, to any portion of the Property caused by the use by Tenant Parties of the driveway or parking areas within the Propertydesignating such spaces for that purpose. Landlord shall not change the designation of such visitor parking spaces without obtaining Tenant's prior written consent, which shall not be liable unreasonably withheld. Landlord shall have no obligation to Tenant by reason monitor or enforce the use of any moratorium, initiative, referendum, statute, regulation or other governmental action which could in any manner prevent or limit the parking rights of Tenant hereunderspaces designated for Tenant's visitors for such purpose. Any governmental "Should parking charges or surcharges or other monetary obligations imposed relative to Parking rights with respect to the Building shall of any kind be considered assessments and shall be Payable by Tenant as set forth in Paragraph 4.1; as of the Commencement Date, Landlord represents there are no such charges or surcharges imposed on the Premisesparking facilities by a governmental agency, Tenant shall reimburse Landlord for such charges and/or surcharges or, if possible, shall pay such charges and/or surcharges directly to the governmental agency and, in such event, Tenant shall provide Landlord with proof that such charges and/or surcharges have been paid by Tenant."

Appears in 1 contract

Samples: Lease (Fogdog Inc)

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