Common use of Parking License Clause in Contracts

Parking License. Landlord and Tenant acknowledge that Tenant and another tenant in the Building, Philips Electronics Realty, LLC, a Delaware limited liability company (“Philips”), are, simultaneously herewith, entering into that certain parking license in the form attached hereto as Exhibit A (the “Parking License”) whereby Tenant shall sublicense eight (8) parking spaces within the Building Garage from Philips (the “Licensed Parking Rights”). Notwithstanding anything to the contrary in the Parking License, (a) neither the Parking License nor this Second Amendment shall be deemed, nor are they intended, to grant to Tenant any rights whatsoever against Landlord with respect to the Licensed Parking Rights and (b) Tenant hereby acknowledges and agrees that its sole remedy for any alleged or actual breach of its rights in connection with the Parking License shall be solely against Philips, that it is not a third party beneficiary under the lease agreement between Philips and Landlord, and that it is not entitled to assert, against Landlord, any claims arising under the Parking License, whether in its own right, on behalf of Philips, by a purported assignment of ▇▇▇▇▇▇’s rights to the Licensed Parking Rights to Tenant, or otherwise. For administrative convenience, Tenant and Philips have agreed pursuant to the terms of the Parking License that Tenant shall pay when due directly to Landlord any fee due to Landlord for the Licensed Parking Rights during the term of the Parking License. Tenant acknowledges and agrees that (i) the fee due to Landlord for the Licensed Parking Rights during the term of the Parking License shall be the then prevailing rate from time to time established by Landlord (or its designated garage operator) for unreserved spaces in the Building Garage, (ii) such fee shall be paid to Landlord or Landlord’s designated garage operator on a monthly basis for each of the parking spaces granted pursuant to the Licensed Parking Rights, and (iii) Landlord’s agreement to receive such direct payments of such parking fees shall not cause Landlord to assume any of the duties, obligations and/or liabilities of Philips under the terms of the Parking License, nor shall such event impose upon Landlord the duty or obligation to honor the Licensed Parking Rights in the event of any termination of the Parking License.

Appears in 1 contract

Sources: Lease (Cerevel Therapeutics Holdings, Inc.)

Parking License. Except as provided herein, Landlord grants Tenant a irrevocable license to park in common with other tenants of Landlord up to 162 automobiles in the parking facilities appurtenant to the Building. Landlord shall cause up to fifteen (15) of the allocated spaces to be reserved parking spaces in the building parking structure, at a mutually acceptable location. The remaining spaces shall be unreserved. Six of the reserved parking spaces shall be in the Building's front surface parking area and four (4) in the rear surface parking area. Commencing with the first month of the Term, Tenan▇ ▇▇▇▇es to pay Landlord, or Landlord's designee, SIXTY DOLLARS ($60.00) per UNRESERVED parking space and ONE HUNDRED TEN DOLLARS ($110.00) PER RESERVED PARKING SPACE, per month, including Los Angeles City parking tax for months 1-30. DURING THE REMAING TERM, TENANT SHALL PAY THE PREVAILING PARKING RATES IN THE BUILDING. NOTWITHSTANDING, THE ANNUAL INCREASE IN THE PREVAILING PARKING RATE SHALL NOT EXCEED FIVE (5%) PERCENT IN ANY GIVEN YEAR. TENANT SHALL ALSO BE RESPONSIBLE FOR THE COSTS OF BUILDING STANDARD RESERVED PARKING SIGNS. Visitor parking shall be at the building's posted rate during the lease term. Tenant's license shall be revoked and expire concurrently with the termination of the Lease, unless sooner terminated pursuant to the terms and conditions of this Article. If and only if Tenant acknowledge is in default beyond all applicable cure periods under any term or condition of the Lease, or of this Article, Landlord may, at Landlord's option, revoke this license and thereafter prohibit Tenant's use of the parking facilities, without liability to Tenant, until such default is cured, except that Tenant may thereafter use the parking facilities of the building upon the same terms and another tenant conditions that members of the public generally who are not tenants of the building may use said parking facilities. Tenan▇ ▇▇▇▇es to abide by all of the rules and regulations for the parking facilities that Landlord, or its designee, may from time to time reasonably establish upon written notice to Tenant. This Article creates only a revocable license to use such parking facilities and does not convey to Tenant any estate in the Building, Philips Electronics Realtythe Common Areas, LLCthe real property on which the Building is located or in any parking facilities located at or on said real property. No bailment is created hereby, a Delaware limited liability company (“Philips”), are, simultaneously herewith, entering into that certain parking license and except in the form attached hereto as Exhibit A (the “Parking License”) whereby event of Landlord's negligence or intentional misconduct, Tenant shall sublicense eight (8) parking spaces within the Building Garage from Philips (the “Licensed Parking Rights”). Notwithstanding anything to the contrary in the Parking Licensefor itself, (a) neither the Parking License nor this Second Amendment shall be deemedits agents, nor are they intendedservants, to grant to Tenant any rights whatsoever against employees, successors and assigns, hereby releases Landlord with respect to the Licensed Parking Rights and (b) Tenant hereby acknowledges and agrees that its sole remedy for any alleged or actual breach of its rights in connection with the Parking License shall be solely against Philips, that it is not a third party beneficiary under the lease agreement between Philips and Landlord's agents, servants, employees and that it is not entitled independent contractors from all claims for loss or damage arising out of or related to assert, against Landlord, any claims arising under the Parking License, whether in its own right, on behalf of Philips, by a purported assignment of Tenan▇'▇ ▇▇▇▇▇▇’s rights e of the parking facilities. If tenant exercises its option(s) to the Licensed Parking Rights to Tenant, or otherwise. For administrative convenience, Tenant and Philips have agreed renew (if any) pursuant to Article 61 of this Lease, the terms of the Parking License that Tenant shall pay when due directly to Landlord any fee due to Landlord monthly parking rates for the Licensed Parking Rights during the term of the Parking License. Tenant acknowledges reserved and agrees that (i) the fee due to Landlord for the Licensed Parking Rights during the term of the Parking License unreserved spaces shall be the then prevailing rate from time regularly scheduled parking rates for the Building. Tenant shall have the right to time established by Landlord (or its designated garage operator) for unreserved purchase additional parking spaces in the Building Garage, (ii) such fee shall be paid to Landlord or Landlord’s designated garage operator on a monthly an "as available" basis for each of at the parking spaces granted pursuant to the Licensed Parking Rights, and (iii) Landlord’s agreement to receive such direct payments of such parking fees shall not cause Landlord to assume any of the duties, obligations and/or liabilities of Philips under the terms of the Parking License, nor shall such event impose upon Landlord the duty or obligation to honor the Licensed Parking Rights in the event of any termination of the Parking Licenserates specified above.

Appears in 1 contract

Sources: Valuation and Qualifying Accounts (Syncor International Corp /De/)